1-0008 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS AND ESSEX COUNTY This lntergovemmental Service Agreement (?Agreement?) is entered into between United States Department of Homeland Security Immigration and Customs Enforcement and the Essex County (?Service Provider?) for the detention and care of aliens (?detainees?). 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 detainees at the following institution(s): Essex County Correctional Facility (?Facility?) 354 Doremus Avenue Newark, NJ 07105 Delaney Hall Center 451 Doremus Avenue Newark, NJ 07105 The following documents constitute the complete agreement: - lntergovemmental Service Agreement (IGSA) 0 Attachment 1 - Performance Outcomes, 2008 Performance-Based National Detention Standards 0 Attachment 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts 0 Wage Determinations (Attachment 3) 0 Attachment 3A - Wage Determination Number: 2005-2353. Rev. 10, Dated: 09/01/2010 Area Wide Won Collective Bargaining Employees) Wage Determination (WD) applicable to CF and CEC. 0 Attachment 3B Wage Determination Number: 2011-0090. Rev. 1, Dated: 06/09/201 1. CBA WD District 1199J (CEC) applicable to CBA employees 0 Attachment 3C Wage Determination Number: CBA-2011-4315. Rev. 0, Dated: 06/21/2011 CBA WD FOP (Essex) applicable to CBA employees 0 Attachment 3D Wage Determination Number: CBA-2011-4317. Rev. 0, Dated: 06/21/2011 CBA WD IBEW 1158 (Essex) applicable to CBA employees 0 Attachment 3E Wage Determination Number: CBA-2011-4316. Rev. 0, Dated: 06/21/2011 CBA WD - IOUE 68-68A-68B (Essex) applicable to CBA employees 0 Attachment 3F Wage Determination Number: CBA-201 1-4314. Rev. 0, Dated: 06/21/2011 CBA WD PBA 382 (Essex) applicable to CBA employees 0 Attachment 4 - Essex Quality Control Plan 9 0 'oi'lgdisi-b- d: bigwigs: 9 tan. a; 11,7543; .- iwurk'Sts-memmwHal] I- - ants Sumary- . . . .. Diem-Hall ?Delaney?. Hall-96:16:31! ?sigma. JiDE??hl?y - - I a I utilization-(1 PlanialC? 5450? Beam I. 5' I - . mm? Han CBC.- . crammi- -- - Gag-same53:7 - . :13. - Intergovernmental Service Agreement (IGSA) Table of Contents Article Title 1. 9?89 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Purpose General Covered Services Receiving and Discharging Detainees ICE Performance-Based National Detention Standards and Other Applicable Standards Medical Services . No Employment of Unauthorized Aliens Employment Screening Requirements Period of Performance Inspections, Audits, Surveys, and Tours Modifications and Disputes Adjusting the Bed Day Rate Enrollment, Invoicing, and Payment ICE Furnished Property Hold Harmless Provisions Financial Records Transportation Contracting Of?cer?s Technical Representative (COTR) Labor Standards and Wage Determination Noti?cation and Public Disclosures Incident Reporting Detainee Privacy Zero Tolerance for Sexual Harassment, Abuse, and Assault Detainee Telephone Services (DTS) Government Use of Wireless Communication Devices Page mANv?i r?Ii?ti?Ir?II?Ir?I 15 16 17 Article 1. Purpose A. Purpose: 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 the Immigration and Nationality Act, as amended. All persons in the custody of ICE are ?Administrative Detainees.? This term recognizes that ICE detainees are not charged with criminal violations and are only held in custody to assure their presence throughout the administrative hearing process and to assure their presence for removal from the United States pursuant to a lawful ?nal order by the 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. Rates: This is a ?xed rate agreement, not a cost reimbursable agreement, with respect to the bed day rate for 1,250 detainees ICE will 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 bed day rate. Bed Day Rate $108.00 per detainee *Escort Services at Regular Rate 55 40.00 per hour *Escort Services at Overtime Rate 40.00 per hour *Escort Services for Airport Rate 40.00 per hour *Stationary Guard at Regular Rate 40.00 per hour *Stationary Guard at Overtime Rate 55 40.00 per hour *Transportation Mileage rate 0.50 per mile Detainee Work Program Reimbursement 1.00 per day See Article I 7 Article 2. General A. Commencement of Services: ICE is under no obligation to utilize the facilities identi?ed herein until the need for detention services has been identi?ed, funding has been identi?ed and made available, the Facility meets ICE requirements, and is in compliance with ICE 2008 Performance-Based National Detention Standards the terms of this Agreement and the attached documents. B. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present detainees to the Service Provider nor direct performance of any other services until ICE has the appropriate funding. Orders will be placed under this Agreement when speci?c requirements have 1 been identi?ed and funding obligated. Performance under this Agreement is not authorized until the Contracting Of?cer issues an order in writing. The effective date of the services will be negotiated and speci?ed in a Task Order to this Agreement. C. Subcontractors: The Service Provider shall notify and obtain approval from the ICE Contracting Of?cer if it intends to house ICE detainees in a facility other than the Essex County Correctional Facility or the Delaney Hall Center. If these facilities or any future facilities are operated by an entity other than the Service Provider, ICE will treat the entity as a subcontractor to the Service Provider. Currently the Essex County Correctional Facility is operated by Essex County, and the Delaney Hall Center is operated by Community Education Centers (CBC), as a subcontractor to Essex County. The Service Provider shall obtain the Contracting Of?cer?s approval before subcontracting the detention and care of detainees to another entity. The Contracting Of?cer has the right to deny, withhold, or withdraw approval of the proposed subcontractor. Upon approval by the Contracting Of?cer, the Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide ICE with copies of all subcontracts. All payments will be made to the Service Provider. ICE will not accept invoices from, or make payments to, a subcontractor. Subcontractors that perform under this agreement are subject to the terms and conditions of this IGSA. D. Consistent with Law: This is a ?rm ?xed rate Agreement, not a 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. Article 3. Covered Services Bedspace: The Service Provider shall make available, on an as needed basis: 800 male beds at the Essex County Correctional Facility 382 male beds and 68 female beds (total 450 beds) at Delaney Hall At the Essex County Correctional Facility the Government will maintain an Average Daily Population (ADP) of 700 ICE detainees each month for a period of twelve (12) months from the date of award of this Agreement. The Service Provider shall house all detainees as determined within classi?cation system. ICE will be ?nancially liable only for the actual detainee days as de?ned in Paragraph of Article B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement. In providing these services, the Service Provider shall ensure compliance with all applicable laws, regulations, ?re and safety codes, policies and procedures. The types and levels of services shall be consistent with the Speci?c terms of this Agreement. If the Service Provider determines that ICE has delivered a person for custody who is under the age of eighteen (18), the Service Provider shall not house that person with adult detainees and shall immediately notify the ICE COTR or designated ICE of?cial. ICE will remove the juvenile within seventy-two (72) hours. C. Unit of Service and Financial Liability: The unit of service is called a ?Bed Day? and is de?ned as one person per day. The bed 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 unallowable costs include but are not limited to: 1) Salaries of elected of?cials 2) Salaries of employees not directly engaged in the housing and detention of detainees 3) Indirect costs in which a percentage of all local government costs are pro-rated and applied to individual departments unless, those cost are allocated under an approved Cost Allocation Plan 4) Detainee services which are not provided to, or cannot be used by ICE detainees 5) Operating costs of facilities not utilized by Federal detainees 6) Interest on borrowing (however represented), bond discounts, costs of ?nancing/re?nancing, except as prescribed by OMB Circular A-87. 7) Legal or professional fees (speci?cally legal expenses for prosecution of claims against the Federal Government, legal expenses of individual detainees or inmates) 8) Contingencies D. Interpretive/Translation Services: The Service Provider shall make special provisions for non-English speaking, handicapped or illiterate detainees. Upon request, ICE will assist the Service Provider in obtaining translation services through atoll free line. The Service Provider shall provide all instructions verbally, either in English or the detainees? language, as appropriate, to detainees who cannot read. E. Escort and Transportation Services: The Service Provider shall provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees to and from designated locations. Escort services shall be required for escorting detainees to court hearings; escorting detainees who are witnesses to the courtroom and staged with the Immigration Judge during administrative proceedings. Transportation Services shall be performed by at least two (2) or three (3) for airport runs, quali?ed sworn law enforcement or correctional of?cer personnel employed by the Service Provider under their policies, procedures and authorities. No ICE Liability for Failure to Meet Minimum Guarantee: ICE will not be liable for any failure to meet the minimum or population guarantee if such failure results directly from an occurrence that impairs the ability of ICE to use the facility's capacity, and such occurrence arises out of causes beyond the control and without the fault or negligence of ICE. Such 3 causes may include, but are not limited to, acts of God or the public enemy, ?res, ?oods, freight embargoes, court orders and extraordinarily severe weather. This provision becomes effective only if ICE immediately noti?es the Provider of the extent and nature of the occurrence resulting in the failure and takes all reasonable steps to limit any adverse effects required by the occurrence. Article 4. Receiving and Discharging Detainees A. Reguired Activity: The Service Provider, Essex County only shall receive and discharge detainees only to and from properly identi?ed personnel or other properly identi?ed Federal law enforcement of?cials with prior authorization from Presentation of US. Government identi?cation will 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 will furnish the Service Provider with reasonable notice of receiving and discharging detainees. The Service Provider shall ensure positive identi?cation and recording of detainees and ICE of?cers. The Service Provider shall not permit medical or emergency discharges except through coordination with on-duty ICE of?cers. B. Emergency Situations: ICE detainees shall not be released from the Facility into the custody of other Federal, state, or local of?cials for any reason, except for medical or emergency situations, without express authorization of ICE. C. Restricted Release of Detainees: The Service Provider shall not release ICE detainees from its physical custody to any persons other than those described in Paragraph A of Article IV for any reason, except for either medical, other emergency situations If an ICE detainee is sought for federal, state, or local proceedings, only ICE may authorize release of the detainee for such purposes. The Service Provider shall contact the ICE COTR or designated ICE of?cial immediately regarding any such requests. D. Safe Release: The time, point and manner of release from a facility shall be consistent with safety considerations and shall take into account special vulnerabilities. Facilities that are not within a reasonable walking distance of, or that are more than one mile from, pubic transportation shall transport detainees to local bus/train/subway stations prior to the time the last bus/train leaves such stations for the day. If public transportation is within walking distance of the detention facility, detainees shall be provided with an information sheet that gives directions to and describes the types of transportation services available. However, facilities must provide transportation for any detainee who is not reasonably able to walk to public transportation due to age, disability, illness, mental health or other vulnerability, or as a result of weather or other environmental conditions at the time of release that may endanger the health or safety of the detainee. Upon release, detainees shall also be provided with a list of shelter services available in the immediate area along with directions to each shelter. Prior to their release, detainees shall be given the opportunity to make a free phone call to a friend or relative to arrange for pick up from the facility. As practicable, detainees shall be provided with a laundered set of their own clothing, or one set of non?institutional clothing and footwear, weather appropriate, for their final destination. E. Service Provider Right of Refusal. The Service Provider retains the right to refuse acceptance of any detainee if such refusal is supported by a validjusti?cation and agreed to by the COTR. Examples of such justi?cation are: any detainee exhibiting violent or disruptive behavior, or any 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 detainee already in custody, the Service Provider shall notify ICE and request such removal of the detainee from the Facility. The Service Provider shall allow ICE reasonable time to make alternative arrangements for the detainee. F. Emergency Evacuation: In the event of an emergency requiring evacuation of the Facility, the Service Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, as it employs for persons detained under the Service Provider?s authority. The Service Provider shall notify the ICE COTR or designated ICE official within two (2) hours of evacuation. Article 5. ICE Performance-Based National Detention Standards and Other Applicable Standards The parties to this IGSA agree to enter into negotiations if and when the ICE Detention Standards are updated. This Agreement will be modi?ed in writing upon mutual agreement. The Service Provider shall house detainees and perform related detention services in accordance with the 2008 edition of ICE Performance Based National Detention Standards and the terms of this Agreement. The complete set of standards applicable to this procurement is available from the following website: and are incorporated herein. ICE Inspectors will conduct periodic inspections of the Facilities to assure compliance with the ICE and the terms of this Agreement. The Facility?s operation shall re?ect the Expected Outcomes as summarized and outlined at length in Attachment 1, Performance Outcomes, 2008 Performance-Based National Detention Standards Where minimum requirements are expressed, innovation is encouraged to further the goals of detention reform. The Service provider shall also comply with the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF), and Standards Supplement, Standards for Health Services in Jails, National Commission on Correctional Health Care Some ACA standards are augmented by ICE Policy and/or procedure. In cases where other standards con?ict with ICE Policy or Standards, ICE Policy and Standards will prevail. Article 6. Medical Services Medical Service requirements shall be in accordance with Attachment (6), Performance Work Statement. Article 7. No Employment of Unauthorized Aliens Subject to existing laws, regulations, Executive Orders, and addenda to this Agreement, the Service Provider shall not employ aliens unauthorized to work in the United States. Except for maintaining personal living areas, ICE detainees shall not be required to perform manual labor. Article 8. Employment Screening Requirements Employee screening requirements shall be in accordance with Attachment (6), Performance Work Statement. Article 9. Period of Performance This Agreement becomes 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 60 months unless extended by bi-lateral modification or terminated in writing by either party. Either party must provide written notice of intention to terminate the agreement, 120 days in advance of the effective date of formal termination, or the Parties may agree to a shorter period under the procedures prescribed in Article 11. If this Agreement is terminated by either party under this Article, ICE will be under no ?nancial obligation for any costs after the date of termination. The Service Provider will only be paid for services provided to ICE up to and including the day of termination. Article 10. Inspections, Audit, Surveys, and Tours A. Facility Inspections: The Service Provider shall allow ICE or an entity or organization approved by 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 share ?ndings of the insPection with the Service Provider's Facility Administrator. The Inspection Report will state any improvements to facility operation, conditions of con?nement, and level of service that will be required by the Service Provider. B. ICE will not house detainees in any facility that has received two consecutive overall ratings of less than acceptable. Upon notice that the second overall rating is less than acceptable, ICE will remove all detainees from the Facility within seven (7) calendar days. Any minimum guarantee stated elsewhere in this Agreement is no longer applicable if detainees are removed as a result of two overall ratings less than acceptable. No further funds will be obligated and no further payments will be made. C. Possible Termination: If the Service Provider, after being afforded reasonable time to comply, fails to remedy de?cient service identi?ed through an ICE inspection, ICE may terminate this Agreement without regard to any other provisions in this Agreement. D. Share Findings: The Service Provider shall provide ICE copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. The Service Provider shall cooperate fully with the Detention Service Manager (DSM). E. Access to Detainee and Facility Records: The Service Provider shall, upon request, grant ICE access to any record in its possession, regardless of whether the Service Provider created the record, concerning any detainee held pursuant to this Agreement. This right of access includes, 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 Provider?s custody; provided, however that access to medical and mental health record information be provided in accordance with Articles VI. Furthermore, the Service 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. This right of access speci?cally applies to all inspections and other Facility reports. Article 11. 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 has approved the modi?cation in writing. B. Change Orders: 1. The Contracting Of?cer may under at any time, by written order, and without notice to the Service Provider, make changes within the general scope of this Agreement in any one or more of the following: Description of services to be performed, including revisions to the applicable Detention Standards. Place of performance of the services. 2. If any such change causes an increase or decrease in the cost of the services under the Agreement, the Contracting Of?cer will make an equitable adjustment in the agreement price and will modify the Agreement accordingly. 3. The Service provider must assert its right to an adjustment under this Article within 30 days from the date of receipt of the written order including a proposal addressing the cost impacts and detailed supporting data. 4. If the Service Provider?s proposal includes costs that are determined unreasonable and/or unsupportable, as determined by the Contracting Of?cer, the Contracting Of?cer will disallow those costs when determining a revised rate, if any. 5. Failure to agree to any adjustment will be a dispute under the Disputes section of the Agreement. However, nothing in this Article excuses the Service Provider from proceeding with the Agreement as changed. C. Disputes: The ICE Contracting Of?cer and the authorized signatory of the Service Provider will settle disputes, questions and concerns arising from this Agreement. Settlement of disputes will 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 Contracting Activity (I-ICA) 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. Article 12. Adjusting the Bed Day Rate ICE will reimburse the Service Provider at the ?xed detainee bed day rate shown in Article I paragraph C. The Service Provider may request a rate adjustment no less than thirty-six (36) months after the effective date of the Agreement unless required by law (see Article 19). After thirty-six (36) months, the Service Provider may request a rate by accessing the link at for access to the ICE Automated Intergovernmental Agreement System for instructions on preparing your Jail Operating Expense Information Form. There is a Facility Guide available on the website to assist you. The Parties agree to base the cost portion of the rate adjustment on the principles of allowability and allocability as set forth in OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, federal procurement laws, regulations, and standards in arriving at the bed day rate. If ICE does not receive an of?cial request for a bed day rate adjustment that is supported by the information submitted through the System, the ?xed bed day rate as stated in this Agreement will be in place inde?nitely. ICE reserves the right to audit the actual and/or prospective costs upon which the rate adjustment is based. All rate adjustments are prospective. As the bed day rate is ?xed, there are no retroactive adjustment(s). Article 13. Enrollment, Invoicing, and Payment A. Enrollment in Electronic Funds Transfer: The Service Provider shall provide ICE with the information needed to make payments by electronic funds transfer (EFT). Since January I, 1999, ICE makes all payments only by EFT. The Service Provider shall identify their ?nancial institution and related information on Standard Form 3881, 8 Automated Clearing House (ACH) Vendor Miscellaneous Payment Enrollment Form 881 .pdf. The Service Provider shall submit a completed SF 3881 to 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 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: 1. By mail: DHS, ICE Burlington Finance Center PO. Box 1620 Williston, VT 05495-1620 Attn: ICE-ERO-FOD-FLS 2. By fax: (include a cover sheet with point of contact and number of pages) 802-288-7658 3. By e-mail: Invoice.Consolidation@dhs.gov Invoices submitted by other than these three methods will be returned. The Service Provider?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: 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). Total number of bed days; total number of miles. Bed day rate; Number of bed days multiplied by the bed day rate; 10. Name of each detainee; 11. Resident?s/detainee?s A-number; 12. Speci?c dates of detention for each resident/detainee; 13. An itemized listing of all other charges; 14. 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 1 through 14 above shall be included in the invoice. Invoices without the above information may be returned for resubmission. C. Payment: 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 calendar day after the Burlington Finance Of?ce receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of funds, constitutes 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 provided the Service Provider maintains an active registration in Central Contractor Registration (OCR) and all information is accurate. Article 14. ICE Furnished Property A. ICE Pronertv Furnished to the Service Provider: ICE may furnish 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 ICE furnished 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 ICE prOperty immediately to ICE. Article 15. Hold Harmless Provisions Unless speci?cally addressed by the terms of this Agreement, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. A. Service Provider Held Harmless: ICE liability for any injury, damage or loss to persons or property arising in the performance of this Agreement and caused by the negligence of its own of?cers, employees, agents and representatives is governed by the Federal Tort Claims Act, 28 USC 2691 et seq. The Service Provider shall notify ICE of any claims or lawsuits ?led against any ICE employees of which Service Provider is noti?ed. The Service Provider will be held harmless for any injury, damage or loss to persons or property caused by an ICE employee arising in the performance of this Agreement. B. Federal Government Held Harmless: Service Provider liability for any injury, damage or loss to persons or property arising out of the performance of this Agreement and caused 10 by the negligence of its own of?cers, employees, agents and representatives is governed by the applicable State tort claims act. ICE will notify the Service Provider of any claims ?led against any of Service Providers employees of which ICE is noti?ed. The Federal Government will be held harmless for any injury, damage or loss to persons or property caused by a Service Provider employee arising in the performance of this Agreement. 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, or a detainee ?les suit as a result of an administrative error or omission of the Federal Government, ICE will 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 will 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 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 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 16. Financial Records A. 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 three (3) years for purposes of federal examinations and audit. The three (3) year retention period begins at the end of the ?rst year of completion of service under the Agreement. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the 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, have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its subcontractors, 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. Delinquent Debt Collection: ICE will hold the Service Provider accountable for any overpayment, or any breach of this Agreement that results in a debt owed to the Federal Government. ICE will 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 17. Transportation In addition to the requirements outlined in the Performance Work Statement, the Service provider shall be responsible for the following: A. Indemnities: 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, arising from the conduct of the Service Provider and its employees during the course of transporting ICE detainees. B. Service Provider Furnished Vehicles: If the Service Provider is to use its own vehicles, the following requirements apply to this agreement. 1. 4. The Service Provider shall not allow employees to use their personal vehicles to transport detainees. The Service Provider shall furnish suitable vehicles in good condition, approved by the Government, to safely provide the required transportation services. The Service Provider shall comply with all federal and state laws with regard to inspections, licensing, and registration for all vehicles used for transportation. The Service Provider shall furnish vehicles equipped with interior security features including physical separation of detainees from guards. The Service Provider shall provide interior security specifications of the vehicles to ICE for review and approval prior to installation. Nothing in this Agreement shall restrict the Service Provider from acquiring additional vehicles as deemed necessary by the Service Provider at no cost to the Government. C. Government Furnished Vehicles: If ICE authorizes the Service Provider to use Government furnished vehicles, the following requirements apply to this agreement. 1. If ICE chooses to authorize Service Provider employees to operate Government furnished vehicles, the Government will provide the Service Provider with Government Vehicles and Government Fleet Cards (for the purchase of fuel) for the purpose of transporting detainees to and from ICE Designated Facilities (see Route List or Analysis), or alternative transportation sites, in support of ERO transportation needs under this Agreement. The vehicles assigned for this purpose will remain the property of the Federal Government, and all costs associated with the operation and use of the vehicles, such as, but not limited to, vehicle maintenance and fuel, will be covered through the Govemment?s Fleet Management Program. 12 2. The Service Provider agrees to be responsible for reimbursement to ICE for any damages sustained by the vehicles as a result of any act or omission on the part of the Service Provider, its employees and or persons acting on behalf of the Service Provider. The Service Provider shall be responsible to report any accidents or damage to the Government Vehicles in accordance the ICE Management Directives listed below and any other ICE policies that pertain to reporting such damage. The Service Provider agrees to fully cooperate and assist ICE in making any claims against a third party at fault for causing the property damage to the Government Vehicles. 3. In addition, the Service Provider agrees to hold harmless, indemnify, and assume ?nancial responsibility for any claims or litigations ?led by persons sustaining personal injuries or property damage for incidents or accidents caused by the negligent acts or omissions of the Service Provider, agents, or other persons acting on behalf of the Service Provider. The Service Provider agrees to fully cooperate and assist ICE in the defense of any claims made against ICE, and in the event of a settlement or judgment entered against ICE for the negligent acts or omissions of the Service Provider employees or agents; the Service Provider agrees to reimburse ICE for said settlement or adverse judgment. 4. In order for ICE to maintain accurate ?eet records of the transportation services, the Service Provider of?cers utilizing the vehicles shall complete speci?c documentation that will be provided by ICE, to record the times of vehicle usage for proper hourly guard reimbursement, and to record the inspection of the vehicles for damage each time the vehicles are used. The form that is required is the Of?cial Detail Form (formerly G-39l). This form is to be ?lled out at the beginning of each shift. At the end of a shift, the form is to be provided to the ICE Shift Supervisor with a copy to the COTR. The Service Provider shall keep the original for three years. The form is Attachment 8 to this Agreement. 5. The COTR will provide forms to the Service Provider to request and authorize routine maintenance of vehicles. 6. The Service Provider shall be responsible for any costs or expenses associated with the return of the vehicles, to include, towing charges, title replacement fees or licensing expenses made necessary by the loss of any paperwork associated with the vehicles. 7. The Government will provide instruction on the proper use of the Fleet Card to all Service Provider personnel responsible for the operation of any Government Vehicle. The instruction will be in accordance with the DHS Fleet Card Manual (Attachment 6). 8. A list of the Government vehicles authorized for use by the Service Provider is found as Attachment 7. D. Billing Procedures: The itemized montth invoice for such stationary guard services shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the detainee(s) that was guarded. E. Anticipated Transportation Routes: The following tranSportation routes and/or destinations are anticipated requirements for this Agreement. The following requirements are one way routes from the Facility. Mileage may vary from the table depending on the 13 staring point of the destination. These routes are not all inclusive and should not be limited to the following: Mileage From FACILITY Locations City Frequency As directed by the COTR Article 18. Contracting Of?cer?s Technical Representative (COTR). IHSC Field Case Manager A. The COTR will be designated by the Contracting Of?cer. 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. B. Should the Service Provider believe it has received direction that is not within the scope of the agreement; the Service Provider shall not proceed with any portion that is not within the scope of the agreement without ?rst contacting the Contracting Of?cer. The Service Provider shall continue performance of efforts that are deemed within the scope. The COTR for this IGSA is: Te IHSC Field Case is Article 19. Labor Standards and Wage Determination A. The Service Contract Act, 41 U.S.C. 351 et seq., Title 29, Part 4 Labor Standards for Federal Service Contracts, is hereby incorporated as Attachment 2. These standards and provisions are included in every contract and IGSA entered into by the United States or the District of Columbia, in excess of $2,500, or in an inde?nite amount, the principal purpose of which is to fumish services through the use of service employees. B. 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. (See Attachment 3 - Wage Determination) Article 20. Noti?cation and Public Disclosures 14 Noti?cation and Public Disclosures shall be in accordance with Attachment (6), Performance Work Statement. Article 21. Incident Reporting Incident Reporting shall be in accordance with Attachment (6), Performance Work Statement. Article 22. Detainee Privacy The Service Provider agrees to comply with the Privacy Act of 1974 and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the Agreement speci?cally identi?es the systems of records; and (ii) the design, development, or operation work that the Service Provider is to perform. The Service Provider shall also include the Privacy Act into any and all subcontracts when the work statement in the proposed subcontract requires the redesign, develoPment, or operation of a system of records on individuals that is subject to the Act; and In the eVent of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the of?cers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the agreement is for the operation of a system of records on individuals to accomplish an agency function, the Service Provider is considered to be an employee of the agency. 1. ?Operation of a system of records,? as used in this Article, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. 2. ?Record,? as used in this Article, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, ?nancial transactions, medical history, and criminal or employment history and that contains the person?s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a ?ngerprint or voiceprint or a photograph. 3. ?System of records on individuals,? as used in this Article, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Article 23. Zero Tolerance for Sexual Harassment, Abuse, and Assault 15 ICE has a zero tolerance standard regarding rape and sexual assault in the Facility. The Service Provider shall af?rmatively act to prevent sexual abuse and assaults on detainees. Every allegation will be reviewed, and, where warranted, referred for criminal prosecution consistent with a zero-tolerance standard. Article 24. Detainee Telephone Services (DTS) A. The Service Provider shall provide detainees with reasonable and equitable access to telephones as speci?ed in the 2008 Performance-Based National Detention Standard on Telephone Access. Telephones shall be located in an area that provides for a reasonable degree of privacy and a minimal amount of environmental noise during phone calls. If authorized to do so under applicable law, the Service Provider shall monitor and record detainee conversations. If detainee telephone conversations can be monitored under applicable law, the Service Provider shall provide notice to detainees of the potential for monitoring. However, the Service Provider shall also provide procedures at the facility for detainees to be able to place unmonitored telephone calls to their attorneys. Telephone rates shall not exceed the dominant carrier tariff rate and shall conform to all applicable federal, state, and local telephone regulations. ICE recognizes the Service Provider may have an existing contract with a Telecommunications Company to provide telephone service to ICE detainees and other inmates. ICE requires the Service Provider to require the Telecommunications Company to provide connectivity to the DTS Contractor for detainee pro bono telephone calls. Additionally, ICE requires that the Service Provider or their Telecommunications Company provide that detainees have direct access to the DTS Contractor for collect and prepaid calls. This shall occur at the expiration of any current contract with a Telecommunications Company. The DTS Contractor shall be allowed to install vending debit machines and shall receive 100 percent of all revenues collected by sale of prepaid debit services to ICE detainees. The Service Provider (and the Telecommunications Company) shall make all arrangements with the DTS Contractor independently from this Agreement. The DTS Contractor shall be responsible for the costs incurred to provide the pro bono services, and the maintenance and operation of the system, including a standard compensation to the Telecommunications Company. The Service Provider shall not be entitled to any commissions, fees, or revenues generated the detainee telephones. The Service Provider shall inspect telephones for serviceability, in accordance with ICE 2008 Performance-Based National Detention Standards and ICE policies and procedures. The Service Provider shall notify the COTR or ICE designee of any inoperable telephones. 16 F. DTS Contractor Information: Talton Communications 910 Ravenwood Dr. Selma, AL 36701 Customer Relations Manaier Article 25. Government Use of Wireless Communication Devices All personnel that have been issued a Federal Government owned wireless communication device, including but not limited to, cellular telephones, pagers or wireless Internet devices, are authorized to possess and use those items in all areas of the facility in which ICE detainees are present. Article 26. Use of Service Provider?s Policies and Procedures The Contracting Of?cer may approve the Service Provider?s policies and procedures for use under this Agreement. Upon approval, the Service Provider is authorized to use its policies and procedures in conjunction with the Performance-Based National Detention Standards mandated under this Agreement. Article 27. Accreditation The Service Provider shall have twenty-four (24) months from commencement of this Agreement to become American Correctional Association (ACA) accredited. The Service Provider shall, within nine (9) months from the date this facility becomes operational, formally apply for accreditation to the ACA. The Service Provider shall provide the Contracting Of?cer with written proof of such application within ?ve (5) days of the application. The Service Provider shall provide the Contracting Of?cer with written proof of its accreditation within ?ve (5) days of noti?cation of its accreditation. Article 28. Quality Control A. The Service Provider shall establish and maintain a complete Quality Control Program (QCP) acceptable to the Contracting Officer and in consultation with the COTR to assure the requirements of this Agreement are provided as speci?ed in the Performance Requirement Summary - Attachment 5A. The QCP shall: 17 1. Be implemented prior to the start of performance. 2. Provide quality control services that cover the scepe of the Agreement and implement proactive actions to prevent non-performance issues. B. A complete QCP addressing all areas of agreement performance shall be submitted with the Service provider?s proposal. All proposed changes to the QCP must be approved by the Contracting Of?cer. The Service Provider shall not change the individual(s) responsible for the QCP without prior approval of the Contracting Of?cer. C. The QCP shall include, at a minimum: 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 ICE staff and feedback to ICE on the actions taken to resolve such complaints. D. 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 c0pies of all inspections, inspection results, and any corrective action taken to the COTR and Contracting Of?cer. E. Failure by the Service Provider to maintain adequate quality control may result in monetary deductions based upon the schedule of deductions incorporated herein. Article 29. Physical Plant Requirements A. ICE Of?ce Space The Service Provider shall Of?ce Space for three (3) ICE Agents at the Delaney Hall Center. B. Furniture 18 All furniture and case goods shall be fumi'shed by the Service Provider in accordance with ICE Design Guide and speci?cations, which include ICE support space and all operational components which include EOIR, OPLA and IHSC space as required in accordance with the ICE Design Standards. C. ICE IT Equipment ICE will provide and install IT equipment in of?ce spaces for ICE personnel only, to include computer workstations and screens, printers and fax machines. All infrastructure, cabling, and interfacing equipment shall be provided by the Service Provider at time of construction. NOTE: ICE IT system must be a complete, independent and physically separate system from the Service Provider?s IT system. The system shall serve all operational components: ICE, OPLA, and IHSC. EOIR shall have a separate system within EOIR IT space as per the EOIR Design Standards. D. Communication Equipment 1. The Service Provider shall purchase, install and maintain a complete and operating communication system, which includes but is not limited to: cabling, ?ber optics, patch panels, landing blocks, circuits, PBX and voice mail, phone sets and other supporting infrastructure and supporting system in compliance with ICE speci?cations. Separate billing to ICE must be established on all reoccurring service fees for communications and IT. Systems shall be installed speci?cally for ICE use. 2. Insert communimtions system here. NOTE: ICE communication system must be a complete, independent and physically separate system from the Service Provider communication system, and billed separately. The system shall serve all operational components: ICE, OPLA, and IHSC. EOIR shall have a separate system within EOIR IT space as per the EOIR Design 19 U.S. Department of Homeland Security U.S. Immigration Customs Enforcement Detention and Removal Of?ce Jail Services Cost Statement Cost Sheet for Detention Services Instructions: This cost statement should be completed by the local government and submitted to the appropriate Immigration Customs Enforcement (ICE) Detention and Removal Of?ce (DRO) representative for the acquisition of detention services for ICE detalnees. Upon request. additional supporting data in addition to that included as part of this cost sheet may be requested. The individual designated in Section will be contacted by an ICE DRO representative to negotiate a detainee per diem rate and its effective date. Upon completion of negotiations. an Intergovernmental Service Agreement (IGSA) will be issued by ICE DRO and fontvarded to the local government for review and signature. OMB Circular No. tit-87. as amended 809/97. sets forth the principles and standards for determining allowable costs for Federal agreements with state and local governments. A copy of OMB Circular A-87 can be obtained online at; Please note that the per diem rate will include detention services only. If additional uidance is re uired. lease contact the ICE DRO re esentative at 202 514-9857. GENERAL NAME OF JAIL: ESSEX COUNTY CORRECTION PHYSICAL ADDRESS OF JAIL STREET: 354 DOREMUS AVENUE CITY: NEWARK STATE: NJ ZIP: 07105 PHONE NUMBER: 973 274-7819 - om summer TOTAL OPERATING COST FOR JAIL: 5 31 01,652,359 A. Time Frame (Fiscal Year) FROM: January 2007 TO: December 2007 2007 B. Total Personnel Costs (Schedule - Part. I) ?1.993.752 C. Total Personnel Bene?ts (Schedule - Part II) $30,800.000 D. Total Consultants and Contract Service . 312.425.959 (Schedule C) E. Other Direct Operating Costs (Schedule D) $16,431,648 F. Indirect Costs (Schedule A certified cost allocation plan must be submitted it reimbursement for indirect costs is mauested. G. Equipment Depreciation Costs (Schedule F) H. Building Depreciation Costs (Schedule G) Total Operating Costs (Sum of Schedules 8-6) 5 TOTAL ACTUAL OPERATING COST FOR PRIOR $101,651 .359 FISCAL YEAR PROPOSED DETAINEE PER DIEM RATE ('Total $132.00 actual operating cost for prior ?scal year? divided by 365. divided by the total average daily jail population) Copy 1 - ICE DRO HQ I Copy 2 Field Of?ce District Copy 3 - IGSA File Automated June 2006 US. Department of Homeland Security U.S. immigration Customs Enforcement Detention Md Removal O?ice Time Frame of Detainee information FROM: (MonthIYear) TO: (MonthiYear) (Must correspond with time frame Section January 2007 December 2007 I 0 Male Female Juvenile TOTAL 2114 256 NIA 2370 I . I a Type of Detainee Male Female Juvenile TOTAL Federal 162 16 NIA 178 Local 1738 184 NIA 1922 State SECTION IV PER DIEM Proposed Per Diem Rate for Detainee: Detainee Pam?am Rate urAppiicabie): "$105. SECTION LOCAL GOVERNMENT CONTACT Please provide the name of the individual authorized to represent and to act for the local government In the negotiated. SIGNATURE: ail da rate no otiatione. . - .. - DEPARTMENTIOFFICE: Essex County Corrections STREET: Director 354 Dorernus Avenue PHONE: c'riv: Newark ZIP: NJ 07105 This is to certin that. to the best of my knowledge and belief. the data tumiahed in Schedules through are accurate. complete and current. and do not include any unaiiowabie costs prohibited by OMB Circular No. A-87 (Cost Principles for State and Local Govemmente) or any cost not related to the jail facility as discussed on the Cost Sheet for Detention Services). The records of this agency are available for review and audit by the authorized representative of the us. Government to verify anyieii per diem rate SECTION VI CERTIFICATION STATEMENT DATE: TITLE: Business Manager Copy 1 - ICE DRO HQ Copy 2 - Field Of?ce District Copy 3 - File Automated June 2006 U.S. Department of Homeland Security U.S. Immigration Customs Enforcement Detention and Removal O?ice instructions: and bene?tin Type of Position SCHEDULEB PART I PERSONNEL COSTS (Direct Costs Personnel Supporting Detention Facility) Lis't?oniy'thos?e positions directly involved in jail Operations inmetes- (A) An al Salary Cost 5 (8) Full Time or Part Time Director 135'000 Deputy Director $115,000 Full I we?d?" - 113.560 Full Associate 122.000 Full Wardens Captains 122.000 Full Lieutenant 96.248350 Fun semi?. 82,560.61 Full Canadian 59.484 Full Of?cers Business Manager 85,000 Full Adm Assistant 50.830 Fun Account Clerk 42.964 Full Data Processing Programmer 32,739.52 Full [333:3 PM 55,324.66 . Full Programmer Date Process Analyst 51.307 Full Data Processing 42.477 Full Tech Messenger 42.127 Full Inmate Advocate 38.658 Full Coordinator of Medical 61 .300 Full Monitoring Copy 1 - ICE DRO HQ Copy 2 - Fleid O?ice District Copy 3- File (C) Number of (0) Total Salary Cost (A) (C) (D) Automated June 2006 U.S. Department of Homeland Security U.S. Immigration Customs Enforcement Detention and Remove! Of?ce Fad'm? 90.177 Full program 56.267 Full of 1 481 Full cull Salary (Use continuation ?sheet if needed.) Copy 1 - ICE DRO HQ Copy 2 - Fietd Of?ce District Copy 3 IGSA File Automated June 2006 U.S. Department of Homeland Security US. immigration Customs Enforcement Detention and Removal Of?ce SCHEDULE PART PERSONNEL COSTS (Direct Costs Personnel Supporting Detention Facility) Instructions: Provide name of retirement plans (Le. N.Y.S. employees retirement system). insurance plans (Le. Blue CrossiBlue Shield). or unemployment insurance contribution plans for positions listed in Schedule - Patti . Number of Employees Total Salary Base Participating 1. Retirement Program(s) Employer Contribution Annual Cost NJ STATE Full-time: 5 8: 8 316,900,000 8: PERS and Police 8- PERS .50% 7.900.000 Fire a. Part-time: 2. Insurance Program(s) All Medical 5 15% $6,000,000 a. Name: b. Name: 3. Other Employee Contribution Plans Full-time: 3 a. Part-time: 5 b. Full-time: 5 3 Part-time: 5 5 Full-time: 3 c. Part-time: 3 5 Copy 1 ICE DRO HQ 5 Copy 2 Field Of?ce District Copy 3 IGSA File Automated June 2006 U.S. Department of Homeland Security U.S. Immigration Customs Enforcement Detention and Removal Office CERTIFICATE OF COST ALLOCATION PLAN This is to certify that have reviewed the cost allotion plan submitted herewith and to the best of my knowledge and belief: 1) All costs included in this proposal adentily date) to establish cost allocations or billings for (identity period covered by plan) are allowable in accordance with the requirements of OMB Circular ?Cost Principles for State and Local Governments.? and the Federal Award(s) to which they apply. Unallowable costs have been adjusted for in allocation costs as indicated in the cost allocation plan. 2) Ali cost included in this proposal are properly allocable to Federal awards on the basis of a bene?cial or casual relationship between the expenses incurred and the awards to which they are allocated in accordance with applicable requirements. Further. the same costs that have been treated as indirect costs have not been claimed as direct costs. Similar types of costs have been accounted for consistency. I declare that the foregoing is true and correct: Governmental Unit: Essex County Corrections-Business Manager Signature: Name of Of?cial: a 11th: Business Manager Date of Execution: April 22. 2008 Copy 1 - ICE DRO HQ 9 Copy 2 - Field Of?ce District Copy 3 IGSA File Automated June 2006 U.S. Department of Homeland Security U.S. Immigration Customs Enforcement Detention and Remove! Office SCHEDULE EQUIPMENT COSTS Instructions: A listing of equipment that is in the current approved jail operating budget for this contract period may be provided andlor attached to this worksheet for full purchase value consideration. It equipment is depreciated. show total acquisition amount and method used by state. country or city in calculating depreciation. A use allowance not to exceed of acquisition cost of usable equipment may be substituted in lieu of depreciation. Equipment must be used directly for jail operations. Treatment of these costs must be consistent with local .cvemment's method. A. New Equipment Approved in Current Operating Budget (Use Continuation Sheet if Necessary) (1) (2) (3) (4) i5) (6) Item Description Proposed No. of Cost per Enter of Equipment Utilization Units Unit use by the Cost jail If Allowance equipment (4) (5) is used by (6) several depts.) 5 Total Current 3 Equipment Costs Equipment Allowance 643% ofabove B. Show Method of Calculating Depreciation of Equipment if depreciation is not used. Copy 1 ICE 0R0 HQ 10 Copy 2 Field Of?ce District Copy 3 IGSA File Automated June 2006 us. Department of Homeland Security U.S. immigration Customs Enforcement Detention and Removal Office SCHEDULE BUILDING DEPRECIATION instructions: Provide an explanation of method used by state. county or city to depreciate buildings. Show date of construction; cost of construction (cost of Iandlsite Is not allowable); numbers of years In depreciation cycle. Note that federal assistance revenues used for building construction are considered o?setting revenues and are to be subtracted from cost of construction. In lieu of building depreciation an annual use allowance of 2% of acquisition cost may be substituted. Treatment of these costs must be consistent with local government's method. lfcliming debt service arising from construction or renovation of a facility. lease em]. in 'other" below. Part I Depreciation Computation Facim Year of Original Construction Cost Annual Depreciation Construction Claimed? N0 Depreciation Main Building is mum? {or NJ State Govemmenl Agencies Additionsia) Annex 5 Other (Fleece specify) 3 Other (Flease specify) 3 3 Subtotal 3 Less Federal Assistance ?venuee or Grants Awards under Cooperative Agreement Program r"fetal Generally 2% of original construction cost. 5 Part Ii Method of calculating depreciation used by state, county or city specify depreciation method if 2% depreciation allowance is not utilized by the state, county, or city.) Copy 1 DRO HQ 1 I Copy 2 Field O?ioe District Copy 3 - IGSA File Automated June 2006 Page 1 redacted for the following reason: '11? Area WIde (Non CBA) wD - CFC and REGISTER OF WAGE DETE UNDER u.s. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT By direction of the Secretary of Labor Division'of ShirTey F. Ebbesen_ I Wage Determinations Director EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 -Wage Determination No.: 2005-2353 Rev151on No.: 10 - Date Of Last Revision: 09/01/2010 state: New Jersey Area: New Jersey Counties of Essex, Hudson, Morris, Sussex, Union' *IFringe Benefits Required FOTTOW the Occupationa1 Listing** OCCUPATION CODE TITLE 01000 - Administrative SuEport And ClericaT Occupations I I . . - 01011 Accounting c1er 01012 Accounting CTerk II - 01013 9 Accounting C1erk s01020 Administrative Assistant 01040 - Court Reporter . - 01051 Data Entry Operator I . 01052 Data Entry Operator II 01060 Dispatcher, Motor VehicTe 01070 - Document Preparation CTerk . 01090 - Dupiicating Machine Operator_ 01111 General C1erk I 01112 ?.Genera1 CTerk II '01113.? Genera1 01120 Housing_Referra1 Assistant 01141 Messenger Courier 01191 --0rder C1erk I. 01192 - Order CTerk II 01261 Personne1_Assistant (EmpToyment) I 01262 Personne1 Assistant (EmpTOyment) II .01263 PerSonne1 AsSistant (EmETOyment) 01270 e'PrOduction ControT C1er - - 01280 Receptionist - 01290 Renta1.C1erk 01300 - Scheduier, Maintenance 01311 - Secretary I 01312 Secretary II 01313 - Secretary 01320 Service Order Dispatcher 01410 - SuppTy Technician? 01420 - Surve Worker 01531 Trave CTerk I 01532 - TraveT C1erk II 01533 Trave1 C1erk 101611 - Word Processor I 01612 - word Processor II- 01613 Word Processor 05000_? Automotive Service Occupations .05005 - AutomobiTe'Body Repairer, FibergTaSs 05010 - Automotive ETectrician- 05040 Automotive Glass InstaTTer Page 1 '05070- 05110 05130 - 05160 ?05190 05220 05250 "05280 05310 I 05340? 05370 05400 07000 07010 07041 07042 07070 07130 07210 07260 09000 09010 09040 09080- 09090 09110 . 09130 11000 - 11030 11060 '11090 11122 11150 11210 11240 11260 11270 11330 11360 12000 - 12010 12011 12012 -12015 12020 12025' -12030 12035 12040 12071 12072 12073 12100 12130 '12160 12190 12195? 12210 12221 12222 12223 .12224 12235 . Area Automotive Worker .Mobile Equipment servicer -Motor Equipment Metal Mechanic Motor Equipment Metal Worker Motor Vehicle Mechanic Motor Vehicle Mechanic Helper Motor vehicle Upholstery Worker Motor Vehicle Wrecker - -Painter, AutomotiVe -. Radiator Repair Specialis Tire Repairer - - Transmission Repair Specialist- - Food_Preparation And Service Occupation - Baker - Cook I - Cook II . - Dishwasher Food ServiCe Worker WIde (Non CBA) wo and cecitxt' Meat Cutter - Waiter/Waitress- . . Furniture Maintenance And Repair Occupations Electrostatic Spray Painter . .- Furniture Handler - Furniture Refinisher - Furniture Refinisher Helper - - FurnitUre Repairer, Minor Upholsterer I General Services And Support Occupations 4 Cleaner, Vehicles - Elevator Operator Gardener Housekeeping Aide Janitor - - . Laborer, Grounds Maintenance - Maid or Houseman Pruner . Tractor Operator - Trail Maintenance Worker Window Cleaner Health Occupations - Ambulance Driver - Breath Alcohol Technician a certified Occupational-Therapist Assistant Certified Physical Therapist Assistant . Dental Assistant . 4 Dental_HygieniSt - EKG Technician Electroneurodiagnostic Technologist Emergency Medical TeChnician - Licensed PractiCal Nurse I Licensed Practical Nurse II - Licensed Practical Nurse - Medical Assistant - Medical Laboratory Technician - Medical Record Clerk Medical Record Technician - Medical Transcriptionist - Nuclear Medicine Technologist Nursing ASsistant I - Nursing Assistant II Nursing Assistant - Nursin Assistant IV Optica Dispenser - 'Page_2 - Area wIde (Non CBA) wD CFG and CEC.txt 12236.? O?tica1-Technician _12250 - armacy Technician 12280 Ph1ebotomist 12305 Radio1ogic Technologist . 12311 Registered Nurse I ?12312 Registered Nurse II 12313 - Registered Nurse II, Speciaiist 12314 - Registered Nurse 12315 Registered Nurse Anesthetist 12316 Re istered Nurse IV 12317 SC edu1er (Drug and A1coho1 Testing) 13000 ?.Information And Arts occupationS' - 13011 Exhibits Specia1ist I - 13012 Exhibits Specia1ist II 13013 Exhibits Speciaiist 13041 I11ustrator I 13042_? I11ustrator II 13043 ITiustrator .1304? - Librarian 13050 - Library Aide/Cierk 13054 - Library Information TechnoTogy Systems Administrator 13058 Library TechniCian 13061 - Media Speciaiist I 13062 13063 13071 13072 13073 13074 13075 13110 14000 14041 14042 14043 14044? '14045 14071 14072 14073 14074 14101 14102 -. 14103 -14150 14160 15000 - 15010 15020 -15030 15050 15060 15070 15030 .15090 15095 15110 15120. 16000 Media Specia1ist II Media Photographer I Photographer II Photographer Photographer IV Photogra her Video Te_econference Technician. Information Techno1ogy OccupationS' Computer Operator I computer Operator II Computer Operator .Computer Operator IV . Computer Operator - . Computer Programmer I (see 1) Computer Programmer II (see 1) Computer Programmer (see 1) Computer Programmer IV (see Computer Systems Anaiyst I (see 1) .Computer Systems AnaIyst (see 1) Computer systems AnaTyst . (see 1) Periphera1 Equipment Operator Personai Computer Support Techn1c1an Instructionai Occupations Aircrew Training Devices Instructor (Non?Rated) Aircrew Training Devices Instructor (Rated) - Air Crew Training Devices Instructor (Pilot) Computer Based Training Speciaiist Instructor EducationaT Techno1ogist . FTight Instructor (P11ot) Gra hic Artist Tec nica1.Instructor Technicai InstruCtor/Course-Deve1oper Test Proctor Tutor Laundry, Dry?Cieaning, Pressing And Re1ated Occupations . 16010 Assembier 16030 Counter Attendant 16040 - Dry C1eaner -Page 3. ICE.2012FOIA3030000385 Area WIde (Non CBA) wo - CFG and CEc.txt' 16070 Finisher, Fiatwork, Machine 11- .16090 Presser, Hand I - . - - . 11. 16110 - Presser, Machine, Dryc1eaning - . - 11. 16130 - Presser, Machine, Shirts . . - - - 11. Machine, Wearing Apparei, Laundry- .. -- '11. 16190 - Sewing Machine Operator' . . 15. . 16220.? Taiior . . - . . 16. 16250 - Washer, Machine . - - . - . . 12. 19000 - Machine T001 Operation And-Repair Occupations - - . 19010 Machine?T001 Operator (Tooi-Room) . -.-- - 20. 19040 - Too] And Die Maker . . 21000 materiais Handiing And Packing Occupations 21020 Forkiift Operat0r - - - . 21030 Materiai CoOrdinator . -- . . 23.. - 21040 Materiai Expediter - . . - '23. 21050 Materiai Handiing Laborer . . 13. 21071 Order Fi11er - - .;14 21080 - Production Line Worker (Food Processing) 1 - - 17. 21110 - shipping Packer . - - 15 21130 ?-Shipping/Receiving Cierk. .- -. -- - . 15. 21140 Store Worker I - . - a 15. 21150 Stock'cierk - - 5- -18. - 21210 - T0015 And_Parts.Attendant - -- ;18. 21410 - Warehouse Specialist i - 18. 23000 Mechanics And Maintenance And Repair Occupations-_ -. -23010 - Aerospace Structurai Weider i 29. 23021 - Aircraft Mechanic I . . - - 27. 23022 Aircraft Mechanic 29. '23023_? Aircraft Mechanic . - . .. - 30. 23040 Aircraft_Mechanic Heiper . - . - 22. 23050 - Aircraft, Painter - . . -5-26. 23060 Aircraft Servicer . . . . 24. 23080 - Aircraft Worker . 26. 23110 - AppTiance Mechanic -. . -. - . . . _23. 23120-? Bicycie Repairer . - . - . I . ?17. _23125 r-Cabie Spiicer; - - 36. .23130 Carpenter, Maintenance . . -. - . i .29. 23140 carpet Layer .. - 27. 23160 Eiectrician, Maintenance? . . - - . '37. 23181 - Eiectronics Technician Maintenance I . 24. 23182 Eiectronics Technician Maintenance II - . . _25. 23183 --E1ectronics Technician Maintenance . . 26. 23260 Fabric Worker . - . I 23- 23290 Fire Aiarm System Mechani . 23- -23310 Fire Extinguisher Repairer - -- . - 22. 23311 Fuei Distribution System Mechanic . . r_ -- .29. 23312 Fuei Distribution System Operator - - . - g. 26. 23370 - Generai Maintenance Worker . 1,-23. _23380 Ground Support Equipment Mechanic . 27. 23381 - Ground Support Equipment Servicer . . . 24- 23382 - Ground Support Equipment Worker - - 26. 23391 - Gunsmith I . 22. 23392 - Gunsmith II - . - . 25. 23393 Gunsmith . - . 27. 23410 - Heating, ventiiation-And Air-Conditioning- 26. Mechanic . . . 523411 Heating, Ventiiation And Air Contditioning 28- Mechanic (Research 23430 - Heavy Equipment Mechanic - . - . 25- - 23440 - Heavy Equipment Operator - . 34. 23460 Instrument Mechanic a . 30. 23465 Laboratory/Sheiter Mechanic . . - .26. Laborer . .- 13 23470 . - - Page 4 - - 23510 23530 23550 23580 23591 23592. 23593 23640 23710 23760 23790 '23810 23820 23850 23870 23890 23910 23931 23932 23950 23960 .23965 23970 23980 24000 - 24570 24580 24610 24620 Area WIde (Non CBA) CFG and CEC.txt - Locksmith - Machinery Maintenance Mechanic Machinist, Maintenance Maintenance Trades He1per - Metroiogy Technician I - Metro1ogy Technician II Metroiog Technician - Mi11wright . office App1iance Repairer Painter, Maintenance - Pipefitter, Maintenance Piumber, Maintenance . Pneudrau1ic Systems Mechanic - Rig er - Sca Mechanic - Sheet-Meta1 Worker, Maintenance - Sma11 Engine Mechanic - Te1ecommunications Mechanic I Te1ecommunications Mechanic II Te1ephone Lineman - We1der, Combination, - We11 Dri11er Woodcraft Worker - Woodworker Personai Needs Occupations - Chiid?Care Attendant Chi1d Care Center C1erk - Chore Aide . Fami1y Readiness And Support Services Maintenance' Coordinator - 24630 25000 . 25010 -25040 25070 25190 25210 27000 - 27004 27007 27003 27010 27030 27040 27070 27101 27102 27131 27132 23000 - -23041 23042 23043 23210 23310 23350 23510 23515 . 23530 "28690 .29000 - . 29010 . 29020 Homemaker . P1ant And_System Operations Occupations. Boiier Tender. . Sewage P1ant Operator 9 Stationary Engineer - Venti1ation Equipment Tender Water Treatment P1ant Operator Protective Service Occupations - Aiarm Monitor - Baggage Inspector Corrections Officer Court Security Officer Detection Do Hand1er Detention of icer Firefighter Guard I Guard II Po1ice Officer I Po1ice Officer II Recreation Occupations carniva1 Equipment Operator Carniva1 Equipment Re airer Carniva] upment Wor er Gate Atten ant/Gate Tender Lifeguard Park Attendant (Aide) . 5 Recreation Aide/Heaith Facility Attendant Recreation Specia1ist - Sports 0fficia1 Swimming P001 0 erator . Stevedoring/Longs oremen Occupationai Services B1ocker And Bracer - - - - Hatch Tender Page 5 29030 Line Handier Area WIde (Non CBA) WD - CFG and CEC.txtl 29041 ~=Stevedore I 29042 - Stevedore II 30000 Technica1 Occupations - - - - -30010 - Air Traffic Contro1 Specia1ist, Center (HFO) (see 2) 30011 - Air Traffic Contro] Speciaiist, Station (HFO) (see 2) 30012 ?-Air Traffic Controi Speciaiist, Termina1 (HFO) (see 2) 30021 - Archeo1ogica1 Technician I _30022 Archeoiogicai Technician II 30023 ~-Archeo1ogica1 Technician 30030 Cartographic Technician . 30040 Civi1 Engineering Technician _30061 Drafter/CAD Operator I- 30062 - Drafter/CAD Operator II 30063 - Drafter/CAD Operator 30064 - Drafter/CAD Operator IV 30081 - Engineering Technician I 30082 Engineering Technician II 30083 Engineering Technician 30084 - Engineering Technician IV 30085 Engineering Technician 30086 5 Engineering Technician 30090 Environmentai Technician 30210 - Laboratory Technician 30240 Mathematicai Technician . 30361 Paralega1/Lega1 Assistant I 30362_? Paraiega1/Lega1 Assistant II 30363 - Paraiegai/Legai Assistant 30364 Paraiegai/Lega1 Assistant IV 30390 ~:Photo-Optics Technician 30461 Technica1 Writer I 30462 - Technica1 Writer II .30463 Technica1 writer 30491 - Unexpioded ordnance (UXO) Technician I 30492 - Unexp1oded Ordnance (UXO) Technician II - _30493 - Unexp1oded Ordnance (UXO) '30494 Unexp1oded (UXO) safety Escort . - 30495 - Unexpioded (UXO) Sweeg Personnel I . 30620 Weat er Observer, Com ined Upper Air Or -(see 2) Surface Programs 30621 Weather Observer, Senior (see 2) 31000 TransportatiOn/Mobi1e Equipment Operation Occupations 31020?4 Bus Aide - . 7 - 31030 - Bus Driver 31043 - Driver Courier - 31260 Parking and Lot Attendant 31290 4 shutt1e Bus Driver -31310 - Taxi Driver - 31361 - Truckdriver, Light 31362 Truckdriverl Medium 31363 TrUderiver, Heavy 31364 - Truckdriver, Tractor-Traiier 99000 - Misce11aneous Occupations 99030 i cashier - 99050 Desk Cierk 99095 - Emba1mer 99251 - Laboratory Anima1 caretaker I 99252 - Laboratory Animal Caretaker II 99310 Mortician - 99410 ~_Pest Contro11er 99510 - Photofinishing Worker 99710 - Recyciing Laborer 99711 Recyciing Speciaiist - Page 6 . . Area WIde (Non CBA) wo'? CFG and CEC.txt. .99730 Refuse CoTTector . - - 18.36 99810 - Sa1es C1erk 14.70 99820 ?_Sch001 Crossin Guard - . 14.08 99830 Survey Party ief 22.53 99831 Surveying Aide - . . . 16.33 99832 Surveying Technician - - -20.42 99840'~ Vending Machine Attendant . -. . 19.31 99841 - Vending Machine Repairer . 22.06 99842 - Vending Machine Repairer He1per - 19.31' ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH per hour or $140.00 per week or $606.67 per month_1 VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, 4 weeks after 15 years, and 5 weeks after 25 years.-Length of service inc1udes the whoTe span of'continuous service with the present contractor or successor,_wherever empToyed, and with the predecessor contractors in the performance of simiiar work at the same Federa1 fac111ty. (Reg. 29 CFR 4.173) A minimum of eTeven Eaid hoTidayS' er year: New Year's-Day, Martin Luther King Jr's Birthday, was ington's Birt day, Good Friday, Memorial Day, Independence Day, Labor Day, C01umbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. A contractor may substitute for any of the named hoTidays another day off with pay in accordance with a p1an communicated to the emp10yees 1nv01ved.) - (See 29 -THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: 1) EMPLOYEES: Under the SCA at section this wage determination does.- Inot appTy to any emp10yee who individua11y quaTifies as a bona fide executive, administrative, or professionaT empToyee as defined in 29 C.F.R. Part 541. Because -most Computer System Ana1ysts_and Computer Programmers who are compensated_at a rate. not Tess than $27.63 (or on a saTary or fee basis at a rate not Tess_than $455 per - . Page 7 . . . Area WIde (Non CBA) WD - CFG and CEC.txt - -week) an hour wou1d 1ike1y qUa1ify as exempt computer professiona1s, (29 C.F.R. 541. 490) wage rates may not be 1isted on this wage determination for a11 occupations within those-job fami1ies. In addition, because this wage determination max not 1ist a wage rate for some or a11 occupations within those job-fami1ies if survey data indicates that the prevai1in wage rate for the occupation equa1s.or exceeds. $27.63 per hour confOrmances.may ge necessary for certain nonexempt emp1oyees. For examp1e, if an individua1 em?1oyee is nonexempt but'nevertheIess performs duties - within the scope of one of e-Computer Systems Ana1yst or Computer Programmer occupations for which this wage determination does not.specify an SCA wage rate, . then the_wage rate for.that emp1oyee must.be conformed in accordance_with the_ ~conformance procedures desCribed in the conformance nOte inc1uded on this wage - determination. -- Additiona11y, beCause job tit1es'vary wideTy and change'quickiy in the computer- industry, Job tit1es are not_determinative of the app ication of the computer professiona1 exemption. Therefore, the exemption app1ies on1y to compdter emp1oyees. who satisfy the compensation requirements_and whose primary duty consists of:' C1)_The ap?1ication of-systems anaiysis techniques and procedures,_inc1uding consu1ting_wit hardware, software or system'functiona1 spec1fications;, -- . - The design, deve1opment, documentation, ana1ysis, creation, testing or modification of computer systems or programs, inc1uding based 0" and re1ated to user or system deSign speCifications; . (3) The design, documentation, testing, creation or modification of computer. programs re1ated to machine operating systems; or - g4) A combination of the aforementioned duties, requires_the same 1eve1 of'ski11s.- (29 C.F.R. 541.400). . . 2) CONTROLLERS AND OBSERVERS NIGHT PAY SUNDAY PAY: If you .work at night as part of a regu1ar.tour of duty, you'wi11 earn a night differentia1 -and receive an additiona1 l0% of baSic pay for any hours Worked between 6pm and 6am. If ou are a'fu11wtime emp1oyed (40.hOUrs a week) and Sunday_is part of yOUr regu ar1y schedu1ed workweek, you are paid at your rate of basic pa?_p1us a Sunday premium of 25% of your basic rate for.Each hour of Sunday work whic . work on Sunday outside_the norma1 tour of duty is considered Overtime work). . - - HAZARDOUS PAY DIFFERENTIAL: An 8 percent differentia1 is app1icab1e to empioyees -emp1oyed in a position that represents a high degree of hazard.when working with or in'c1ose proximity to ordinance, exp1osives, and incendiary materiais. This . ?inc1udes work suc as screening, b1ending, dying, mixing, and-preSSing of senSitive ordanCe, expiosives,-and pyrotechnic compositions such as 1ead azide, b1ack powder and photof1ash powder. A11 dry?house activities invo1ving prope11ants or - 'exp1osives. - - . Demi1itarization, modification, renovation, demo1ition, and maintenance operations on senSitive ordnance, exp1osives and incendiary materia1s. A11 operations - Page 8 - is not overtime '.this wage determination sha1 . Area WIde (Non CBA) wo 4 CFG and CEC.txt invo1v1ng regrading and c1eaning of arti11ery ranges. A 4 percent differentia1 is app1icab1e to emp1oyees emp1oyed in a position that represents a 10w degree of hazard when working with, or in c1ose proximity to ordance, (or emp1oyees possib1y adjacent_to) exp1osives and incendiary materia1s which invo1ves potentia injury such as 1aceration of hands, faCe, or arms Of the emE1oyee engaged in the operation, irritation of the skin, minor burns and'the 11 e; minima1 damage to immediate or_adjacent work area or equipment bein used. A11 operations invo1ving, un1oading. Storage, and hau1ing of ordance, exp osive, and incendiary ordnance materia1 other than sma11 arms ammunition. These differentia1s are on1y app1icab1e to work that has been specifica11y designated by the agency for ordance, exp1OSives, and incendiary materia differentia1 pay. UNIFORM If emp1o ees are required to_wear uniforms in the performance of this contract. (either the terms of the Government contract, by the-empioyer, by the state or 1oca1 1aw, etc.), the cost of furnishing such uniforms and maintaining (by 1aundering or dry c1eaning) such uniforms_is an expense that may not.be borne by an emp1oyee where such cost reduces the hour1 rate be1ow that_required by the wage . determination. The Department_of Labor wi1 accept payment in accordance with the f011owing standards as comp1iance: The contractor or subcontractor is required to furnish a11 empioyees with an adeqUate number of_uniforms without cost or to reimburse emp1oyees.for_the actua1 cost of the uniforms. In-addition, where uniform c1eaning and maintenance is made the responsibi1ity of the.emp1oyee, a11 contractors and subcontractors subject to (in the absence of a bona fide co11ective bargaining agreement providing for a different amount, or the furnishing of contrary a firmative proof as to the actua1 cost), reimburse a11 emp1oyees for such c1eaning and maintenance at a rate of $3.35 per week (or $.67 cents per day).- However, in those instances where the uniforms furnished are made of "wash and wear" materia1s, may be routine1y washed and dried with other persona1- arments, and do not require any_specia1 treatment such as dry c1eaning, dai1y was ing, or commercia1 '1aundering in order to meet the c1ean1iness or appearance standards set by the terms of the Government contract, by the contractor, by 1aw, or by the nature of the work, there is no requirement that emp1oyees be reimbursed for uniform maintenance costs. -The duties of emp1oyees under job tit1es 1iSted are those described in the "Service COntract Act Directory of Occu ationsV, Fifth Edition, Apri1 2006, un1ess otherwise indicated. Copies of Directory are avai1ab1e on the Internet. A - 1inks to the Directory may be found on the home page at gov/esa/whd/ or thrOugh Wage Determinations on-Line site at REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND RATE {Standard'Form - Page 9 . - i Area wIde (Non CBA) wo' - CFG and CEC.txt 1444 (SF 1444)} . . rmance PPOCESS: The contracting_officer sha11 require that any cTass of service emp1oyee which is not 1isted herein and which is to be empToyed under the contract the work to be performed is not performed by any c1assification 1isted in the wage determination)z be assified by the contractor so as to provide a reasonabie ureiationship a pro riate 1eve1 of ski11 comparison) between such unlisted. -c1a551f1cations and t_e assifications iisted in the wage determination.? Such conformed c1asses of emp1oyees Sha11 be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process sha11 be initiated by . the contractor prior to the performance of contract work by such un1isted c1ass(es) of empioyees. _The conformed ciassification, wage rate, and/or fringe benefits shai] be retroactive to the commencement date of the contract. {See-Section 4.6 _when muitipie wage determinations are'inciuded'in'a contract, a separate SF 1444 shogid b3 prepared for each wage determination to which a c1ass(es) 15 to be con orme - . - - - The process for preparing a conformance request is as fo110ws: 1) when preparing the bid, the contractor identifies the need for a conformed occupationCS) and computes a proposed rateCS).' . . After contract award, the contraCtor prepares a written report 1isting in order proposed ciassification tit1e(s), a Federa1 grade equivaiency (FGE) for each .proposed c1assification(s), job description(s), and rationaie for proposed wage information regarding the agreement-or disagreement of the - authorized representative of-the empioyees invoived, or where there is-no authorized- representative, the empioyees-themseives. This report shouid be submitted to the -.contract1ng officer no 1ater than 30 days.after of emp1oyees -performs any contract work. .3) The contracting officer reviews the proposed action and promptiy'Smeits'a report of the action,-together with the agency's recommendations and pertinent'? information-inciuding the position of the centractor and the empioyees, to the Wage and Hour Division, Emp1oyment Standards Administration, U.S. Department of Labor, for_review. (See section of Regu1ations 29 CFR Part 4). - . - within 30 days of receipt, the wage and Hour Division approves, modifies, 0r ?.disapproves the action v1a transmitta1 to the agency contracting officer, or . 'notifies the contraCting officer that_add1tiona1 time w111 be requ1red to process the request. Page 10 5 Area WIde (Non CBA) wo_- and CEC.txt 5) The contracting officer transmits the Wage and Hour decision to the contractor; 6) The contractor informs the affected empioyees. Information required by the Reguiations must be submitted on SF 1444 or bond paper._ when preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) shouid be used to compare job definitions to insure that duties requested are not performed by a ciassification aiready 1isted in the wage determination. Remember, it is not the job tit1e,-but the required tasks that determine whether a ciass'is inciuded in an estabiished wage determination. Conformances may not be used to artificiaiiy Split, combine, or subdivide. ciassifications 1isted in the wage.determination. 'Page 11 Attachment 1 EROIGSA-11-0008 Performance Outcomes 2008 Performance-Based National Detention Standards (PBNDS) PART 1 SAFETY 1 Emergency Plans Each facility will have in place contingency plans to quickly and effectively respond to any emergency situations that arise and to minimize their severity. 1. Staff will be trained at least annually in emergency preparedness and implementation of the facility's emergency plans. 2. An evacuation plan will be in place in the event of a fire or other major emergency, and the plan will be locally approved in accordance with this Detention Standard and updated at least annually. 3. Events, staff responses, and command-related decisions during and immediately after emergency situations will be accurately recorded and documented. 4. Plans will include procedures for handling detainees with special needs during an emergency or evacuation. 5. The applicable content and procedures in this standard will be communicated in a language or other manner that the detainee can understand. 2 Environmental Health and Safety 1. Facility cleanliness and sanitation will be maintained at the highest level. 2. Compliance with all applicable safety and sanitation laws will be ensured by documented internal and external inspections and corrective action when indicated. 3. Compliance with all applicable fire safety codes and fire safety performance requirements for the facility furnishings will be ensured. 4. Flammable, poisonous, toxic, and caustic materials will be controlled and used in a safe manner. 5. Compliance with fire prevention regulations, inspection requirements, and practices, including periodic fire drills, will ensure the safety of detainees, staff, and visitors. 6. Staff will be knowledgeable about procedures and responsibilities during emergency situations, including those that require evacuation, in accordance with a written plan and at least annual training. 7. The facility will have a plan for immediate release of detainees from locked areas and provisions for a back-up system 8. A sufficient number of properly positioned emergency exits that are clear from obstruction will be distinctly and permanently marked. 9. Preventive maintenance and regular inspections will be performed to ensure timely emergency repairs or replacement to prevent dangerous and lifethreatening situations. 10. Potential disease transfer will be minimized by the proper sanitization of barbering equipment and supplies. 11. Pests and vermin will be controlled and eliminated. 12. Safe potable water will be available throughout the facility. 1 ICE.2012FOIA3030000394 Attachment 1 EROIGSA-11-0008 13. Emergency lighting and life-sustaining equipment will be maintained and periodically tested. 14. Disposal of garbage and hazardous waste will be in compliance with applicable government regulations. 15. The applicable content and information in this standard will be communicated in a language or manner which the detainee can understand. 3 Transportation (by Land) 1. The general public, detainees, and staff will be protected from harm when detainees are transported. 2. Vehicles used for transporting detainees will be properly equipped, maintained, and operated. 3. Detainees will be transported in a safe and humane manner, under the supervision of trained and experienced staff. 4. To the extent practicable, reasonable accommodations (e.g., wheelchairs, canes) will be made for detainees with physical disabilities and impairments in accordance with security and safety needs. PART 2 SECURITY 4 Admission and Release 1. Upon admission each detainee will be screened to ensure facility safety, security, and good order. Strip searches will be conducted in the least intrusive manner practicable. 1. Upon admission, each detainee's personal property and valuables will be checked for contraband, inventoried, receipted, and stored. 2. Each detainee's identification documents will be secured in the detainee's Afile. 3. Upon admission, each detainee will be medically screened to protect the health of the detainee and others in the facility. 4. Upon admission, each detainee will be given an opportunity to shower and be issued clean clothing, bedding, towels, and personal hygiene items. 5. Upon admission, each detainee will undergo screening interviews and complete questionnaires and other forms. 6. Each newly admitted detainee will be kept separated from the general population until classified and housed accordingly. 7. Each newly admitted detainee will be oriented to the facility through written material on facility policies, rules, prohibited acts, and procedures and, in some facilities, by viewing an orientation video, in a language or manner he or she can understand. 8. Detainees will be released, removed, or transferred from a facility only when staff have followed specified procedures and completed required forms. 9. The facility will maintain accurate records and documentation on all detainees' admission, orientation, and release. 2 ICE.2012FOIA3030000395 Attachment 1 EROIGSA-11-0008 10. Detainees will have access to a telephone during the admission process 11. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 5 Classification System 1. The community, staff, contractors, volunteers, and detainees will be protected from harm through a formal classification process for managing and separating detainees by threat risk that is based on verifiable and documented data. 2. Each detainee will be expeditiously classified upon admission to the facility and before being admitted into general population housing. 3. Non-criminal detainees will be protected from harm by assigning detainees housing with persons of similar backgrounds and criminal history. 4. Each detainee's classification will be reviewed at regular intervals, when required by changes in the detainee's behavior or circumstances, or upon discovery of additional, relevant information. 5. Detainees will be able to appeal their classification levels. 6. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 6 Contraband 1. Contraband will be identified, detected, controlled, and disposed of properly. 2. Detainee personal property that would be considered contraband within the facility will be mailed to a third party or stored until the detainee's release, unless that property is illegal or a threat to safety or security. 3. Contraband that may be evidence in connection with a violation of a criminal statute will be preserved, inventoried, controlled, and stored so as to maintain and document the chain of custody. 4. The applicable content and procedures in this standard will be communicated to the detainee in a language or manner which the detainee can understand. 7 Facility Security and Control 1. Essential security posts and positions will be staffed with qualified personnel. 2. Facility security and safety will be monitored and coordinated by a secure, well-equipped, and continuously staffed control center. 3. The facility's perimeter will ensure that detainees remain within and that public access is denied without proper authorization. 4. Information about routine procedures, emergency situations, and unusual incidents will be continually recorded in permanent post logs and shift reports. 5. Facility safety, security and good order, including the safety, health and wellbeing of staff and detainees, will be enhanced through ongoing observation, supervision, and personal contact and interaction between staff and detainees. 6. Special security and control measures will consistently be applied to Special Management Unit entrances. 7. Facility safety, security and good order will be enhanced through frequent and 3 ICE.2012FOIA3030000396 Attachment 1 EROIGSA-11-0008 documented staff inspections of detainee-occupied and unoccupied areas. 8 Funds and Personal Property 1. The security, safety and good order of each facility will be maintained through an immediate search of each newly admitted detainee's property. 2. Each detainee's funds, valuables, baggage, and personal property will be inventoried, receipted, stored and safeguarded for the duration of their detention. 3. Each detainee will be informed about what funds and property may be retained in his or her possession and about procedures to report missing or damaged property. 4. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 9 Hold Rooms in Detention Facilities 1. The safety, security, and comfort of detainees temporarily confined in Hold Rooms will be ensured. 2. No detainee will be confined in a Hold Room for more than twelve hours. 3. Males and females will be confined separately. 4. Minors (under 18) will be held apart from adults, except for related adults or legal guardians, provided there are no safety or security concerns with this arrangement. 5. Any detainee with disabilities, including temporary disabilities, will be housed in a manner that provides for his or her safety, comfort and security. 6. Detainees awaiting a medical visit will be seen as promptly as possible. 10 Key and Lock Control 1. All staff will be trained in the proper care and handling of keys and locks. 2. Keys will be controlled and accounted for. 3. Locks and locking devices will be continually inspected, maintained, and inventoried. 4. Employees will store their firearms in secure gun lockers before entering the facility. 11 Population Counts Security, safety, and orderly facility operations will be maintained through an ongoing, effective system of population counts and accountability for detainees. 12 Post Orders 1. Each officer will have current written Post Orders that specifically apply to the assigned post, with step-by-step procedures in sufficient detail to guide an officer assigned to that post for the first time. 2. Signed and dated records will be maintained to show that assigned officers acknowledged that they read and understood the Post Orders. 3. Post Orders will be formally reviewed annually and updated as needed. 4 ICE.2012FOIA3030000397 Attachment 1 EROIGSA-11-0008 13 Searches of Detainees 1. Detainees will live and work in a safe and orderly environment. 2. Contraband will be controlled. 3. Searches of detainees, housing, and work areas will be conducted without unnecessary force and in ways that preserve the dignity of detainees. 4. When body searches are conducted, the least intrusive practicable search method will be employed, as indicated by the type of contraband and the method of suspected introduction or concealment. 5. Pat searches of detainees and metal detector screening will be conducted routinely to control contraband. 6. A strip search will be conducted only when there is reasonable suspicion that contraband may be concealed on the person, or when there is a reasonable suspicion that a good opportunity for concealment has occurred, and when properly authorized by a supervisor. 7. A body cavity search will be conducted by designated health personnel only when authorized by the facility administrator on the basis of reasonable suspicion that contraband may be concealed in or on the detainee's person. 8. "Dry cells" will be used for contraband detection only when there is reasonable suspicion of concealment, with proper authorization, and in accordance with required procedures. 9. Contraband that may be evidence in connection with a violation of a criminal statute will be preserved, inventoried, controlled, and stored so as to maintain and document the chain of custody. 10. Canine units (in facilities that have them) may be used for contraband detection when detainees are not present, but canine use for force, intimidation, control, or searches of detainees is prohibited. 11. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 14 Sexual Abuse and Assault Prevention and Intervention 1. Sexual abuse and assault of detainees will be prevented. 2. Detainees will be informed about the facility's sexual abuse or assault prevention and intervention program. 3. Detainees will be screened to identify those likely to be sexual aggressors or sexual victims and will be housed to prevent sexual abuse or assault. Detainees who are considered likely to become victims will be placed in the least restrictive housing that is available and appropriate. 4. All allegations of sexual abuse or assault will be promptly and effectively reported and investigated. Detainees will not be punished for truthfully reporting abuse or signs of abuse observed. 5. If sexual abuse or assault of any detainee occurs, the medical, psychological, safety, and social needs of the victim will be promptly and effectively met. 6. Where possible and feasible, a victim of sexual assault will be referred under appropriate security provisions to a specialized community facility for treatment and gathering of evidence. 5 ICE.2012FOIA3030000398 Attachment 1 EROIGSA-11-0008 7. Assailants will be confined and disciplined and may be subject to criminal prosecution. 8. Sexual conduct between detainees, staff, volunteers, or contract personnel, regardless of consensual status, is prohibited and subject to administrative, disciplinary, and criminal sanctions. 9. All case records associated with claims of sexual abuse, including incident reports, investigative reports, offender information, case disposition, medical and counseling evaluation findings, and recommendations for post-release treatment and/or counseling will be retained in accordance with an established schedule. 10. For monitoring, evaluating, and assessing the effectiveness of the sexual abuse and assault prevention and intervention program, incidents of sexual abuse and assault will be specifically documented and tracked as specified in this Detention Standard (in addition to standard facility operational and disciplinary documentation of any assault). 11. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 15 Special Management Units 1. Each facility will have access to Special Management Units with an Administrative Segregation section for detainees segregated from the general population for administrative reasons and a Disciplinary Segregation section for detainees segregated from the general population for disciplinary reasons. 2. Detainees housed in the general population, staff, contractors, volunteers, and the local community will be protected from harm by the segregation of certain detainees in SMUs. 3. Any detainee who represents an immediate, significant threat to safety, security or good order will be immediately controlled by staff and, for cause and with supervisory approval, placed in Administrative Segregation. 4. Health care personnel will be immediately informed when a detainee is admitted to an SMU to provide assessment and review as indicated by health care authority protocols. 5. A detainee will be placed in "protective custody" status in Administrative Segregation only when there is documentation that it is warranted and that no reasonable alternatives are available. 6. A detainee will be placed in Disciplinary Segregation only after a finding by a Disciplinary Hearing Panel that the detainee is guilty of a prohibited act or rule violation classified at a "Greatest", "High", or "High-Moderate" level, as defined in the Detention Standard on Disciplinary System, Attachment A: Prohibited Acts and Sanctions. 7. The status of detainees in Special Management Units will be reviewed in accordance with required time schedules by supervisory staff and the results of those reviews will be documented. 8. A detainee will remain in Disciplinary Segregation for no more than 60 days 6 ICE.2012FOIA3030000399 Attachment 1 EROIGSA-11-0008 for violations associated with a single incident, and his or her status will be reviewed after the first 30 days, and each 30 days thereafter by the facility administrator and the Field Office Director notified to determine if continued detention in Disciplinary Segregation is still warranted. 9. Detainees in SMUs will be afforded basic living conditions that approximate those provided to the general population, consistent with the safety and security considerations that are inherent in more controlled housing, and in consideration of the purpose for which each detainee is segregated. 10. In general, when a detainee in an SMU is deprived of any usually authorized items or activity, a report of the action is forwarded to the facility administrator for notice and review. 11. Detainees in SMUs will have regular access to supervisory, management, program, and health care staff. 12. Each detainee in an SMU will be offered a minimum of one hour of recreation per day, five days a week, unless documented security or safety considerations dictate otherwise. 13. Detainees in SMUs will be able to write and receive mail and correspondence as they would otherwise be able to do while detained within the general population. 14. Detainees in SMUs will be provided opportunities for general visitation, including legal visitation, unless there are substantial, documented reasons for withholding those privileges. 15. Detainees in SMUs will have access to personal legal materials, law library materials, and legal visits, in accordance with provisions in this Detention Standard. 16. Detainees in SMUs will have access to telephones, in accordance with provisions in this Detention Standard. 17. Detainees in SMUs will have access to programs and services such as commissary, library, religious guidance, and recreation, in accordance with provisions in this Detention Standard. 18. Detailed records will be maintained on the circumstances related to a detainee's confinement to the SMU, through required permanent SMU logs and individual detainee records. 19. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 16 Staff-Detainee Communication 1. Detainees will have frequent opportunities for informal contact with facility managerial and supervisory staff and with ICE/ERO Field Office staff. 2. Facility managerial and supervisory staff and ICE/ERO Field Office staff will frequently and directly observe facility operations and conditions of confinement. 3. Detainees will be able to submit written questions, requests, and concerns to ICE/ERO staff and receive timely responses. 7 ICE.2012FOIA3030000400 Attachment 1 EROIGSA-11-0008 4. Detainees will be informed about how to directly contact the Department of Homeland Security Office of the Inspector General. 5. Detainee telephone serviceability will be monitored and documented by ICE staff and any problems immediately reported. 6. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 17 Tool Control Tools, maintenance implements, culinary utensils, medical and dental instruments, equipment, and supplies (particularly syringes, needles, and other sharps) will be maintained on an inventory, continually controlled and accounted for to insure the safe and orderly operation of the facility. 18 Use of Force and Restraints 1. Physical force will be used only as a last resort and is restricted to instances of justifiable self-defense, protection of others, protection of property, and prevention of escapes. 2. Facilities will endorse the concept that confrontation avoidance is the recommended method for resolving situations and should always be attempted prior to any calculated use of force. 3. Physical force or restraint devices will not be used as punishment. 4. In circumstances when prior supervisory approval is required, restraints will not be applied without that approval. 5. Four/five-point restraints will be applied only in extreme circumstances and only where other types of restraints have proven ineffective. Advance approval is required, as is prompt notification of and examination by the medical staff. These restraints will be continued only in accordance with required procedures and documentation. 6. Intermediate force devices will be used only in circumstances prescribed herein, with required prior approvals. 7. In each facility, all weapons and related equipment will be stored securely in designated areas to which only authorized persons have access. 8. In each facility, chemical agents and related security equipment will be inventoried at least monthly to determine their condition and expiration dates. 9. In each facility, a written record of routine and emergency distribution of security equipment will be maintained. 10. An employee will submit a written report no later than the end of his or her shift when force was used on any detainee for any reason, or if any detainee remains in any type of restraints at the end of that shift. This includes discharge of a firearm and use of less lethal devices to control detainees. 11. Telephonic notification to the FOD shall occur as soon as practicable. The Field Office Director will be notified of any use-of-force incident involving an ICE detainee within two business days via an ICE-approved form or IGSA equivalent. 12. Canines will not be used for force, control or intimidation of detainees. 13. Facilities will adhere to DHS' Use of Deadly Force Policy. 8 ICE.2012FOIA3030000401 Attachment 1 EROIGSA-11-0008 14. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. PART 3 ORDER 19 Disciplinary System 1. Detainees will be informed of facility rules and regulations, prohibited acts, disciplinary sanctions that may be imposed, their rights in the disciplinary system and the procedure for appealing disciplinary findings. 2. Each facility will have graduated severity scales of prohibited acts and disciplinary consequences. 3. Where permitted by facility policy, staff will informally settle minor transgressions by mutual consent, whenever possible. 4. Staff who witness a prohibited act that cannot or should not be resolved informally, or have reason to suspect that a detainee has engaged in a prohibited act, will prepare a clear, concise, and complete Incident Report. 5. Each Incident Report will be objectively and impartially investigated and reported, ordinarily by a person of supervisory rank. 6. When appropriate, a serious incident that may constitute a criminal act will be referred to the proper investigative agency, and the administrative investigation will be suspended, pending the outcome of that referral. 7. At each step of the disciplinary and appeal process, the detainee will be advised of his or her rights in a language he or she understands, and translation or interpretation services will be provided as needed. 8. A Unit Disciplinary Committee (UDC) will further investigate and adjudicate the incident and may impose minor sanctions or refer the matter to a higher level disciplinary panel. 9. An Institution Disciplinary Panel (IDP) will conduct formal hearings on Incident Reports referred from UDCs and may impose higher level sanctions for "Greatest" and "High" level prohibited acts. 10. Detainees before the IDP will be afforded a staff representative, upon request, or automatically if the detainee is illiterate, has limited English language skills or otherwise needs special assistance. 11. Actions of the IDP will be reviewed by the facility administrator, who may concur with the findings and sanctions or modify them. 12. At all steps in the disciplinary process, any sanctions imposed will be commensurate with the severity of the committed prohibited act and intended to encourage the detainee to conform with rules and regulations in the future. 13. All steps of the disciplinary process will be done within the required time limits. 14. At all steps of the disciplinary process, accurate and complete records will be maintained. The detainee will receive copies of all reports, exhibits, and other documents considered or generated in the hearing process, except insofar as the disclosure of such documents may pose an imminent threat to the safety and security of the facility staff or other detainees, or if the document or other evidence is otherwise protected from disclosure. 9 ICE.2012FOIA3030000402 Attachment 1 EROIGSA-11-0008 15. If a detainee is found not guilty at any stage of the disciplinary process, the incident records will not be placed or retained in the detainee's file, even if they are retained elsewhere for statistical or historical purposes. 16. Detainees will be able to appeal disciplinary decisions through a formal grievance system. No detainee will be harassed, disciplined, punished, or otherwise retaliated against for filing a complaint or grievance. 17. Detainees shall be afforded the following rights: the right to protection from abuse, the right to freedom from discrimination, the right to pursue a grievance, the right to correspond with persons or organizations and the right to due process. 18. The applicable content and procedures in this standard will be communicated to the detainee in a language or manner which the detainee can understand. PART 4 CARE 20 Food Service 1. All detainees will be provided nutritionally balanced diets that are reviewed at least quarterly by food service personnel and at least annually by a qualified nutritionist or dietician. 2. Detainees, staff and others will be protected from harm and facility order will be maintained by the application of sound security practices in all aspects of food service and dining room operations. 3. Detainees, staff, and others will be protected from injury and illness by adequate food service training and the application of sound safety and sanitation practices in all aspects of food service and dining room operations. 4. Dining room facilities and operating procedures will provide sufficient space and time for detainees to eat meals in a relatively relaxed, unregimented atmosphere. 5. Food service facilities and equipment will meet established governmental health and safety codes, as documented by an independent, outside source. 6. Detainees, staff, and others will be protected from health-related harm by advance medical screening and clearance before any detainee is assigned to work in food service operations. 7. Food service areas will be continuously inspected by food service staff and other assigned personnel on schedules determined by the food service administrator and by applicable policy requirements. 8. Stored food goods will be maintained in accordance with required conditions and temperatures. 9. Therapeutic medical diets and supplemental food will be provided as prescribed by appropriate clinicians. 10. Special diets and special ceremonial meals will be provided for detainees whose religious beliefs require the adherence to religious dietary laws. 11. Detainees will receive a religious or special diet free of any personal cost. 12. Food will never be used for reward or punishment. 10 ICE.2012FOIA3030000403 Attachment 1 EROIGSA-11-0008 21 Hunger Strikes 1. Any detainee who does not eat for 72 hours will be referred to the medical department for evaluation and possible treatment. 2. When medically advisable, a detainee on a hunger strike will be isolated for close supervision, observation, and monitoring. 3. The ICE/ERO Field Office Director (FOD) will be notified when a detainee is on a hunger strike. 4. The detainee's health will be carefully monitored and documented, as will the detainee's intake of foods and liquids. 5. A detainee on a hunger strike will be counseled and advised of the medical risks and will be encouraged to end the hunger strike or accept medical treatment. 6. Involuntary medical treatment will be administered only with the medical, psychiatric, and legal safeguards specified herein. 7. A record of interactions with the striking detainee, provision of food, attempted and successful medical treatment, and communications between the Clinical Medical Authority, Facility Administrator, and ICE/ERO will be established. 8. The information in this detention standard will be communicated in a language or other manner which the detainee can understand. 22 Medical Care 1. Detainees will have access to a continuum of health care services, including prevention, health education, diagnosis, and treatment. 2. Health care needs will be met in a timely and efficient manner. 3. Newly admitted detainees will be informed, orally and in writing, about how to access health services. 4. Detainees will be able to initiate requests for health services on a daily basis. 5. Detainees will receive timely follow-up to their health care requests. 6. Detainees will have continuity of care from admission to transfer, discharge, or removal, including referral to community-based providers when indicated. 7. A detainee who needs health care beyond facility resources will be transferred in a timely manner to an appropriate facility where care is available. A written list of referral sources, including emergency and routine care, will be maintained as necessary and updated at minimum annually. 8. A transportation system will be available that ensures timely access to health care services that are only available outside the facility, including: prioritization of medical need, urgency (such as the use of ambulance instead of standard transportation) and transfer of medical information. 9. A detainee who requires close, chronic or convalescent medical supervision will be treated in accordance with a written plan approved by licensed physician, dentist, or mental health practitioner that includes directions to health care providers and other involved medical personnel. 11 ICE.2012FOIA3030000404 Attachment 1 EROIGSA-11-0008 10. Detainees will have access to specified 24-hour emergency medical, dental, and mental health services. 11. Minimum requirements for medical housing units will be met. 12. Female detainees will undergo pregnancy testing and pregnancy management services. 13. Screening, prevention and control measures will be utilized to assist in prevention and management of infectious and communicable diseases. 14. Biohazardous waste will be managed and medical and dental equipment decontaminated in accordance with standard medical practices and in compliance with applicable laws. 15. Detainees with chronic conditions will receive care and treatment for conditions where non-treatment would result in negative outcomes or permanent disability as determined by the clinical medical authority. 16. The facility administrator will develop a plan to ensure that ICE is notified in writing of any detainee whose special medical or mental health needs require special consideration in such matters as housing, transfer, or transportation. 17. Detainees will have access to emergency and specified routine dental care provided under direction and supervision of a licensed dentist. 18. Detainees will be provided health education and wellness information. 19. Each newly admitted detainee, including transfers, will receive a documented medical, dental, and mental health screening upon intake and, within 14 days of arrival, a comprehensive health appraisal by qualified personnel in a private setting as practicable to ensure safety. 20. Detainees with suspected or known mental health concerns will be referred as needed for evaluation, diagnosis, treatment, and stabilization. 21. Mental health crisis intervention services will be identified and available for detainees who experience acute mental health episodes. 22. Restraints for medical or mental health purposes will be authorized only by the facility's clinical medical authority, in accordance with the requirements specified in this Detention Standard. 23. Prior to placement in a non-detention facility or special unit within the facility specifically designated for the care of the severely mentally ill or developmentally disabled, a detainee shall be afforded due process in compliance with applicable laws. 24. Medical and dental orthoses or prostheses and other aids to impairment are supplied in a timely manner when the health of the detainee would otherwise be adversely affected, as determined by the responsible physician or dentist. 25. Detoxification from alcohol, opiates, hypnotics, other stimulants, and sedatives is done only under medical supervision in accordance with applicable laws. 26. Pharmaceuticals and non-prescription medicines will be secured, stored and inventoried. 12 ICE.2012FOIA3030000405 Attachment 1 EROIGSA-11-0008 27. Prescriptions and medications will be ordered, dispensed, and administered in a timely and sufficient manner as prescribed by a health care professional. 28. Health care services will be administered by the health administrative authority, and clinical decisions will be the sole province of the clinical medical authority. 29. Health care services will be provided by a sufficient number of appropriately trained and qualified personnel, whose duties are governed by thorough and detailed job descriptions and who are verifiable licensed, certified, credentialed, and/or registered in compliance with applicable state and federal requirements. 30. Detention and health care personnel will be trained, initially and annually, to respond to health-related emergency situations within four minutes and in the proper use of emergency medical equipment 31. Information about each detainee's health status will be treated as confidential, and health records will be maintained in accordance with accepted standards separately from other detainee detention files and be accessible only in accordance with written procedures and applicable laws. Health record files on each detainee will be well organized, available to all practitioners, and properly maintained and safeguarded. 32. Informed consent standards will be observed and adequately documented. Staff will make reasonable efforts to ensure that detainees understand their medical condition and care. 33. Medical and mental health interviews, screenings, appraisals, examinations, and procedures will be conducted in settings that respect detainees' privacy in accordance with safe and orderly operations of the facility. 34. Detainees will be provided same sex chaperones as appropriate or as requested. 35. When a detainee is transferred to another facility, the transferring facility will send a completed medical transfer summary and other medical documentation as appropriate to the receiving facility. 36. Detainees in Special Management Units will have access to the same health care services as detainees in the general population. 37. Non-English speaking detainees and/or detainees who are deaf and/or hard at hearing will be provided interpretation/translation services or other assistance as needed for medical care activities. 38. Detainees with special needs, including physical or developmental disabilities, will be evaluated and given the appropriate care and communication their situation requires. 23 Personal Hygiene 1. Each facility will maintain an inventory of clothing, bedding, linens, towels and personal hygiene items that is sufficient to meet the needs of detainees. 2. Each detainee will have suitable, clean bedding, linens, blankets, and towels. 13 ICE.2012FOIA3030000406 Attachment 1 EROIGSA-11-0008 3. Each detainee will have sufficient clean clothing that is properly fitted, climatically suitable, durable, and presentable. 4. Detainees will be held accountable for clothing, bedding, linens, and towels assigned to them. 5. Detainees, including those with disabilities, will be able to maintain acceptable personal hygiene practices. 24 Suicide Prevention and Intervention 1. All staff responsible for supervising detainees will be trained, initially during orientation and at least annually, on effective methods of suicide prevention and intervention with detainees. 2. Staff will act to prevent suicides with appropriate sensitivity, supervision, and medical referrals. 3. Any clinically suicidal detainee will receive preventive supervision, treatment, and therapeutic follow-up, in accordance with ICE policy. 4. The information in this standard will be communicated in a language or manner which the detainee can understand. 25 Terminal Illness, Advance Directives, and Death 1. The continuum of health care services provided detainees will address terminal illness, fatal injury, and advance directives. 2. Each detainee who has a terminal illness or potentially fatal injury will receive medical care consistent with standard medical practices. 3. In the event of a detainee's death, specified officials and the detainee's designated next of kin will be immediately notified. 4. In the event of a detainee's death, required notifications will be made to authorities outside of ICE/ERO (such as the local coroner or medical examiner), and required procedures will be followed regarding such matters as autopsies, death certificates, burials, and the disposition of decedent's property. Established guidelines and applicable laws will be observed in regard to notification of a detainee death while in custody. 5. The medical records of detainees addressed herein will be complete. 6. The information in this standard will be communicated in a language or manner which the detainee can understand. PART 5 ACTIVITIES 26 Correspondence and Other Mail 1. Detainees will be able to correspond with their families, the community, legal representatives, government offices, and consular officials. 2. Detainees will be notified of the facility's rules on correspondence and other mail through the Detainee Handbook, or supplement, which is provided to each detainee upon admittance. 14 ICE.2012FOIA3030000407 Attachment 1 EROIGSA-11-0008 3. The amount and content of correspondence detainees send at their own expense will not be limited except to protect public safety or facility security and order. 4. Indigent detainees will receive a specified postage allowance to maintain community ties and necessary postage for privileged correspondence. 5. Detainees will have access to general interest publications. 6. Incoming and outgoing mail, with the exception of Special Correspondence and Legal Mail, will be opened to inspect for contraband and to intercept cash, checks, and money orders. 7. General correspondence will be read or rejected only to protect the safe, secure and orderly operation of the facility, and detainees will be notified in writing when correspondence is withheld in part or in full. 8. Detainees will be permitted to send Special Correspondence and Legal Mail to a specified class of persons and organizations, and incoming mail from these persons will opened only in the presence of the detainees (unless waived) to check for contraband (except when contamination is suspected). 9. Incoming and outgoing letters will be held for no more than 24 hours and packages no more than 48 hours before distribution, excluding weekends, holidays, or exceptional circumstances. 10. Detainees in SMUs will have the same correspondence privileges as detainees in the general population. 11. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 27 Escorted Trips for Non-Medical Emergencies 1. Within the constraints of safety and security, selected detainees will be able to visit critically ill members of the immediate family or to attend their funerals, while under constant staff supervision. 2. Safety and security will be primary considerations in planning, approving, and escorting a detainee out of a facility for a non-medical emergency. 28 Marriage Requests 1. Each marriage request from an ICE/ERO detainee will receive a case-by-case review. 2. Consistency in decisions to approve or deny a marriage request will be achieved by the application of guidelines. 3. Ordinarily, a detainee's request for permission to marry will be granted. 29 Recreation 1. Detainees will have daily opportunities to participate in leisure-time activities outside their respective cells or rooms. 2. Detainees will have access to exercise opportunities and equipment, including at least one hour daily of physical exercise outside the cell, and outdoors, when practicable. 3. Any detainee housed in a facility that cannot meet minimum standards for indoor and outdoor recreation will be considered for voluntary transfer to a 15 ICE.2012FOIA3030000408 Attachment 1 EROIGSA-11-0008 facility that does. 4. Each detainee in an SMU will receive (or be offered) a minimum of one hour of exercise per day, five days a week, unless documented security or safety considerations dictate otherwise. 5. Each citizen volunteer who provides or participates in facility recreational programs will complete an appropriate, documented orientation program and sign an acknowledgement of his or her understanding of the applicable rules and procedures and agreement to comply with them. 30 Religious Practices 1. Detainees will have opportunities to participate in practices of their religious faith that are deemed essential by that faith, limited only by a documented showing of threat to the safety of persons involved in such activity itself, or disruption of order in the facility. 2. All religions represented in a detainee population will have equal status without discrimination based on any detainee's race, ethnicity, religion, national origin, gender, sexual orientation, or disability. 3. Each facility's religious program will be planned, administered, and coordinated in an organized and orderly manner. 4. Adequate space, equipment and staff (including security and clerical) will be provided for conducting and administering religious programs. 5. Detainees of faiths not directly represented by chaplaincy staff will be assisted in contacting external clergy or religious service providers. 6. Each facility's religious program will be augmented and enhanced by community clergy, contractors, volunteers and groups that provide individual and group assembly religious services and counseling. 7. Detainees in Special Management Units and hospital units will have access to religious programs and services. 8. Special diets will be provided for detainees whose religious beliefs require the adherence to religious dietary laws. 9. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner that the detainee can understand. 31 Telephone Access 1. Detainees will have reasonable and equitable access to reasonably priced telephone services. 2. Detainees with hearing or speech disabilities will have reasonable accommodations to allow for appropriate telephone services. 3. Detainees in Special Management Units will have access to telephones, commensurate with facility security and good order. 4. Detainees will be able to make free calls to the ICE/ERO-provided list of free legal service providers for the purpose of obtaining initial legal representation, to consular officials and to the DHS Office of Inspector General. 5. Telephone access procedures will foster legal access. 6. Telephones will be maintained in proper working order. 16 ICE.2012FOIA3030000409 Attachment 1 EROIGSA-11-0008 7. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 32 Visitation 1. Detainees will be able to receive visits from their families, associates, legal representatives, consular officials, and others in the community. 2. Visits between legal representatives and assistants and an individual detainee are confidential and shall not be subject to auditory supervision. Private consultation rooms shall be available for such meetings. 3. Detainees will be advised of their right to contact their consular representatives and receive visits from their consulate officers. 4. Detainees will be advised of visiting privileges and procedures as part of the facility's admission and orientation program in a language they can understand. 5. Information about visiting policies and procedures will be readily available to the public. 6. The number of visitors a detainee may receive and the length of visits will be limited only by reasonable constraints of space, scheduling, staff availability, safety, security, and good order. The minimum duration for a visit shall be 30 minutes. 7. Visitors will be required to adequately identify themselves and register to be admitted into a facility, and safety, security and good order will be maintained. 8. A background check will be conducted on all new volunteers prior to their being approved to provide services to detainees. 9. Each new volunteer will complete an appropriate, documented orientation program and sign an acknowledgement of his or her understanding of the applicable rules and procedures and agreement to comply with them. 10. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 33 Voluntary Work Program 1. Detainees may have opportunities to work and earn money while confined, subject to the number of work opportunities available and within the constraints of safety, security, and good order. 2. Detainees will be able to volunteer for work assignments but otherwise not be required to work, except to do personal housekeeping. 3. Essential operations and services will be enhanced through productivity from detainees. 4. The negative impact of confinement will be reduced through less idleness, improved morale and fewer disciplinary incidents. 5. Detainee working conditions will comply with all applicable federal, state, and local work safety laws and regulations. 17 ICE.2012FOIA3030000410 Attachment 1 EROIGSA-11-0008 6. There will be no discrimination regarding voluntary work program access based on any detainee's race, religion, national origin, gender, sexual orientation, or disability. 7. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. PART 6 JUSTICE 34 Detainee Handbook 1. Upon admission to a facility, each detainee will be provided the comprehensive written orientation materials in the form of a detainee handbook. The local facility shall provide a detainee handbook supplement, which describes such matters as: ? grievance system, ? services and programs, ? medical care, ? law libraries and legal material, ? correspondence and other material, ? staff-detainee communication ? classification system, and ? disciplinary system, 2. Each detainee will verify, by signature and date, receipt of those orientation materials, and that acknowledgement will be maintained in the detainee's detention file. 3. The ICE National Detainee Handbook will be provided in English, Spanish, and other languages as determined necessary by the Field Office Director (FOD). Orientation materials will be read to detainees who cannot read, or they will be provided the material via audio or video recordings. 4. Interpretative services will be provided to detainees who do not speak the languages in which the orientation materials are written. 5. The information in this standard will be communicated in a language or manner which the detainee can understand. 35 Grievance System 1. Detainees will be informed about the facility's informal and formal grievance system in a language or manner he or she understands. 2. Staff and detainees will mutually resolve most complaints and grievances orally and informally in their daily interaction. 3. Detainees will be able to file formal grievances, including medical grievances, and receive written responses, including the basis for the decision, in a timely manner. 4. Detainees will be able to file emergency grievances that involve an immediate threat to their safety or welfare and receive written responses, including the basis for the decision, in a timely manner. 5. Detainees will be able to appeal initial decisions on grievances to at least one higher level of review. 18 ICE.2012FOIA3030000411 Attachment 1 EROIGSA-11-0008 6. Accurate records will be maintained on grievances filed and their resolution. 7. No detainee will be harassed, disciplined, punished, or otherwise retaliated against for filing a complaint or grievance. 8. The applicable contents and procedures in this standard will be communicated in a language or manner which the detainee can understand. 36 Law Libraries and Legal Material 1. Detainees will have regular access (no less than five hours per week) to law libraries, legal materials and related materials. 2. Detainees will not be forced to forgo recreation time to use the law library and requests for additional time to use the law library shall be accommodated to the extent possible, including accommodations of work schedules when practicable, consistent with the orderly and secure operation of the facility. 3. Detainees will have access to courts and counsel. 4. Detainees will be able to have confidential contact with attorneys and their authorized representatives in person, on the telephone and through correspondence. 5. Detainees will have access to a properly equipped law library, legal materials and equipment to facilitate the preparation of documents as well as photocopying resources. 6. Detainees who are illiterate, non-English-speaking or indigent will receive appropriate special assistance. 7. Detainees in special management units will have access to legal materials on the same basis as the general population. 8. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 37 Legal Rights Group Presentations 1. Detainees will have access to available group presentations on United States immigration law and procedures. 2. Persons and organizations requesting to make such group presentations will be able to obtain clear information about how to request such visits and how to conduct them. 3. Facility security and good order will be maintained. 4. Detainees shall not be subject to reprisals, retaliation, or penalties for attending legal rights group presentations. 5. Detainees will be able to communicate and correspond with representatives from the legal groups who make presentations at the facilities. 6. Detainees will have access to information and materials provided by legal groups. Organizations will be permitted to distribute information in response to specific legal inquiries. 7. Foreign nationals will have access to the diplomatic representative of their country of origin. 19 ICE.2012FOIA3030000412 Attachment 1 EROIGSA-11-0008 PART 7 ADMINISTRATION & MANAGEMENT 38 Detention Files 1. A Detention File will be maintained on each detainee admitted to a detention facility for more than 24 hours. 2. Each Detention File will include all documents, forms, and other information specified herein. 3. The security of each Detention File and its contents will be maintained. 4. Staff will have access to Detention Files, as needed, for official purposes. 5. Information from a Detention File will be released to an outside third party only with the detainee's signed consent. 6. Release of information on detainees will be in accordance with applicable federal and state regulations. 7. Electronic record-keeping systems and data will be protected from unauthorized access. 8. Field Offices will maintain files necessary to carry out their responsibilities and will maintain them for a minimum of 18 months for auditing purposes. 9. Inactive, closed Detention Files will be properly archived. 39 News Media Interviews and Tours 1. The public and the media will be informed of operations and events within the facility's areas of responsibility. 2. The privacy of detainees and staff will be protected, including the right of a detainee to not be photographed or recorded. 40 Staff Training 1. Before assuming duties, each new employee, contractor, or volunteer will be provided an appropriate orientation to the facility and the ICE/ERO National Detention Standards. 2. All part-time staff and contract personnel shall receive formal orientation training appropriate to their assignments. Any part-time, volunteer, or contract personnel working more than twenty hours per week shall receive training appropriate to their position and commensurate with their full-time colleagues. 3. Training for staff, contractors, and volunteers will be provided by instructors who are qualified to conduct such training. 4. Staff and contractors who have minimal detainee contact (such as clerical and other support staff) will receive initial and annual training commensurate with their responsibilities. 5. Professional, support, and health care staff and contractors who have regular or daily contact with detainees, or who have significant responsibility involving detainees, will receive initial and annual training commensurate with their position. 6. Security staff and contractors will receive initial and annual training commensurate with their position. 20 ICE.2012FOIA3030000413 Attachment 1 EROIGSA-11-0008 7. Facility management and supervisory staff and contractors will receive initial and annual training commensurate with their position. 8. Personnel and contractors assigned to any type of emergency response unit or team will receive initial and annual training commensurate with these responsibilities including annual refresher courses or emergency procedures and protocols. 9. Personnel and contractors authorized to use firearms will receive appropriate training before being assigned to a post involving their use and will demonstrate competency in firearms use at least annually. 10. Personnel and contractors authorized to use chemical agents will receive thorough training in their use and in the treatment of individuals exposed to a chemical agent. 11. Security staff and contractors will be trained in self-defense and use-of-force procedures to include confrontation avoidance and emergency protocols. 12. In addition to employment training requirements, employees and contractors will be encouraged to continue their education and professional development through such incentives as salary enhancement, reimbursement of costs, and administrative leave. 13. Initial orientation, initial training, and annual training programs will include information on drug-free workplace requirements and procedures. 14. Initial orientation, initial training, and annual training programs will include information on the facility's written code of ethics. 15. Initial orientation, initial training, and annual training programs will include updates on new issues and procedures and include reviews of the Detainee Handbook and detainee rights. 16. New staff, contractors, and volunteers will acknowledge in writing that they have reviewed facility work rules, ethics, regulations, conditions of employment, and related documents, and a copy of the signed acknowledgement will be maintained in each person's personnel file. 17. Training shall be conducted on the requirements of special-needs detainees. 41 Transfer of Detainees 1. Decisions to transfer detainees will be made by authorized officials on the basis of complete and accurate case information. 2. The legal representative-of-record will be properly notified when a detainee is transferred, in accordance with sound security practices. 3. The detainee will be properly notified, orally and in writing when he or she is being transferred to another facility in accordance with sound security practices. 4. Transportation and receiving facility staff will have accurate and complete records on each transferred detainee. 5. Transfer of detainees will be accomplished safely and securely, particularly those with special health care concerns including appropriate medical information. 21 ICE.2012FOIA3030000414 Attachment 1 EROIGSA-11-0008 6. Transferred detainees funds, valuables and other personal property will be safeguarded. 7. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 42 Definitions A-FILE, ALIEN FILE - The legal file maintained by DHS for each detainee. Contents include but are not limited to the detainee's identification documents (passport, driver's license, other identification cards, etc.), photographs, immigration history, prior criminal record if any, and all documents and transactions relating to the detainee's immigration case. ACA - American Correctional Association. ADMINISTRATIVE HEALTH AUTHORITY - The administrative authority is responsible for all access to care, personnel, equipment, and fiscal resources to support the delivery of health care services. ADMINISTRATIVE SEGREGATION - A form of separation from the general population used when the continued presence of the detainee in the general population would pose a threat to life, property, self, other detainees or staff, or to the security or orderly running of the facility. This housing status also includes detainees who require protective custody, those who cannot be placed in the local population because they are en route to another facility (holdovers), those who are awaiting a hearing before a disciplinary panel and those requiring separation for medical reasons. ADMISSION/ADMISSIONS PROCESS - In-processing of newly arrived detainees, which includes an orientation to the policies, programs, rules, and procedures of the facility. Classification, assignment of living quarters, various inspections, medical screening and safeguarding of funds, valuables and other personal property is completed during this process. AMBULATORY RESTRAINTS - "Soft" or "hard" equipment used to restrict a detainee's movement but leaving him or her able to eat, drink or attend to basic bodily functions without staff intervention. AMMUNITION CONTROL OFFICER (ACO) - An individual who has been designated in writing as the officer responsible for the physical and administrative control of ammunition in the authorizing official's area of accountability. ATTORNEY - Any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or the District of Columbia, and is not under an order of any court suspending, enjoining, restraining, disbarring or otherwise restricting him or her in the practice of law. (See 8 CFR ? 1.1(f)). 22 ICE.2012FOIA3030000415 Attachment 1 EROIGSA-11-0008 BODY-CAVITY SEARCH - The visual inspection or physical probing of body openings (anus, vagina, ears, nose, mouth, etc) where weapons, drugs, or other contraband could be secreted. This is the most intrusive means of searching an individual, reserved for instances where other search techniques have been considered but rejected as ineffective under the particular circumstances of the case. Body-cavity search procedures govern physical probes, but not visual inspections. For example, the procedures would not be appropriate for a visual inspection of the inside of the mouth, nose, or ears, unless contraband is found during the course of that inspection. Body-search procedures apply whenever contraband is found, because retrieving/seizing the item will involve physical entry into or probing within the cavity (in this example, the mouth, nose, or ear). CAUSTIC - Capable of burning, corroding, eroding or destroying by chemical action. CENSUS CHECK- See INFORMAL COUNT CHAIN OF COMMAND - Order of authority (rank): executive, senior management, senior staff, etc. The position titles may vary according to the type of facility (SPC, CDF, or IGSA) and local facility titles. The on-site order of authority at a detention facility descends from the facility administrator to assistant or associate facility administrators to department heads to shift supervisors and other supervisors. Similarly, the ICE/ERO chain-of-command at a detention facility descends from the Officer-In-Charge (OIC) to the Associate OIC to the Chief Detention Enforcement Officer/Chief of Security, Detention Operations Supervisor, etc. CHEMICAL - A substance with a distinct molecular composition produced by or used in a chemical process. CHIEF OF SECURITY - A generic term for the department head in charge of a detention facility's security employees and operations. The position titles may vary according to the type of facility (SPC, CDF, or IGSA) and local facility titles. Ordinarily, a chief of security (Chief Detention Enforcement Agent, captain, etc.) is organizationally directly under an assistant or associate facility administrator. CLASS R (RESTRICTED) TOOLS - Devices to which detainees are forbidden access except in the presence and constant supervision of staff for reasons of safety or security. Class R includes devices that can be used to manufacture or serve as weapons capable of doing serious bodily harm or structural damage to the facility. All portable power tools and accessories are in this category. Class R also includes ladders and other such items that are not inherently dangerous but could prove useful in unauthorized activities, such as escape attempts. 23 ICE.2012FOIA3030000416 Attachment 1 EROIGSA-11-0008 CLASSIFICATION - A process used to make housing and program assignments by assessing detainees on the basis of objective information about past behavior, criminal records, special needs, etc. CLINICAL DIRECTOR (CD) -An official with overall responsibility for the delivery of health care services to ICE detainees. CLINICAL MEDICAL AUTHORITY - The medical authority is responsible for the delivery of all health care services to the detainee population. These services include, but are not limited to, medical, nursing, dental, mental health and nutritional services. COMBUSTIBLE LIQUID--A substance with a flash point at or above 100? Fahrenheit. COMMISSARY--An area or system where detainees may purchase approved items. CONSULTATION VISITATION - A discussion, either in person or by telephone, between a detainee subject to Expedited Removal and a person of the detainee's choosing. CONTACT VISIT--A meeting between detainee and another person authorized to take place in an area free of obstacles or barriers that prevent physical contact. CONTAINER--Any bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or other vessel holding a hazardous chemical; does not include pipes or piping systems. CONTRABAND--Any unauthorized item in the facility: illegal, prohibited by facility rules, or otherwise posing a threat to the security or orderly operation of the facility. This includes unauthorized funds. CONTRACT DETENTION FACILITY (CDF) - A facility that provides detention services under a competitively bid contract awarded by the ICE. CONTROL OFFICER--An officer who directs security activities from the Control Center. COUNT SLIP - Documentation of the number of detainees confirmed present during a population count in a specific area, signed by the officers involved in the count. CORRESPONDENCE--Letters, postcards and other forms of written material not classified as packages or publications. Large envelopes containing papers 24 ICE.2012FOIA3030000417 Attachment 1 EROIGSA-11-0008 qualify as correspondence, but boxes, sacks, and other shipping cartons do not. Books, magazines, newspapers and other incoming printed matter are not "correspondence." CRIMINAL ALIEN--A foreign national convicted of one or more crimes. DETAINEE HANDBOOK--The policies and procedures governing detainee life in the facility: daily operations, rules of conduct, sanctions for rule violations, recreation and other programs, services, etc.; defined in writing and provided to each detainee upon admission to the facility. DETENTION FILE - Contents include receipts for funds, valuables, and other personal property; documentation of disciplinary action; reports on detainee behavior; detainee's written requests, complaints, and other communications; official responses to detainee communications; records from Special Management Unit, etc. DIETICIAN - Individual registered or eligible for registration with the American Dietetic Association or who has the documented equivalent in education, training, or experience, with evidence of relevant continuing education. DISCIPLINARY HEARING--Non-judicial administrative procedure to determine whether substantial evidence supports finding a detainee guilty of a rule violation. DISCIPLINARY COMMITTEE - One or more impartial staff members who conduct and/or oversee a disciplinary hearing. A lower-level committee (Unit Disciplinary Committee) investigates a formal Incident Report and may impose minor sanctions or refer the matter to a higher-level disciplinary committee. A higher-level committee (Institution Disciplinary Panel) conducts formal hearings on Incident Reports referred from the lower level committee and may impose higher level sanctions for higher level prohibited acts. Also see "INSTITUTION DISCIPLINARY PANEL." DISCIPLINARY SEGREGATION--Confinement in a cell removed from the general population after a serious violation of facility rules in accordance with written procedures. DIHS - Division of Immigration Health Services DRY CELL - A cell or room without running water where a detainee can be closely observed by staff until the detainee has voided or passed contraband or until sufficient time has elapsed to preclude the possibility that the detainee is concealing contraband. Dry cells may be used when there is reasonable suspicion that a detainee has ingested contraband or concealed contraband in a body cavity. 25 ICE.2012FOIA3030000418 Attachment 1 EROIGSA-11-0008 EMERGENCY CHANGES - Measures immediately necessary to maintain security or to protect the health and safety of staff and detainees. EXPOSURE/EXPOSED--Subjected or potentially subjected to a hazardous substance by any means (inhalation, ingestion, skin contact, absorption, etc.). FACE-TO-PHOTO COUNT--A process that verifies identity of each detainee by comparing every person present with the photographic likeness on his/her housing card. FACILITY ADMINISTRATOR - A generic term for the chief executive officer of a detention facility. The formal title may vary (warden, officer in charge, sheriff, jail administrator, etc.). FIELD OFFICE DIRECTOR (FOD) - Individual with chief responsibility for facilities in his assigned geographic area. FIREARMS CONTROL OFFICER (FCO) - Individual designated responsible for the physical and administrative control of all firearms under the jurisdiction of the authorizing official. FLAMMABILITY HAZARD--Has a flash point below 200 degrees Fahrenheit, closed cup, or is subject to spontaneous heating. FLAMMABLE LIQUID--A substance with a flash point below 100 degrees Fahrenheit (37.8 Centigrade). FLASH POINT--The minimum temperature at which the vapor of a combustible liquid can form an ignitable mixture with air. FOOD SERVICE ADMINISTRATOR (FSA)--The official responsible for planning, controlling, directing, and evaluating Food Service Department operations. FORMAL COUNT--Detainee population assembled at specific times for attendance check, conducted in accordance with written procedures. FOUR/FIVE-POINT RESTRAINT--A restraint system that confines an individual to a bed or bunk in either a supine or prone position. Ordered by the facility administrator when a detainee's unacceptable behavior appears likely to continue risking injury to self or others. FULL-TIME WORK ASSIGNMENT--Employed from beginning to end of a shift. FUNDS--Cash, checks, money orders, and other negotiable instruments. 26 ICE.2012FOIA3030000419 Attachment 1 EROIGSA-11-0008 GENERAL CORRESPONDENCE--All correspondence other than "Special Correspondence." GENERAL POPULATION - Detainees whose housing and activities are not specially restricted. The term is ordinarily used to differentiate detainees in the "general population" from those in Special Housing Units. GRIEVANCE--A complaint based on a circumstance or incident perceived as unjust. HARD CONTRABAND--Any item that poses a serious threat to the life, safety or security of the facility detainees or staff. HEALTH AUTHORITY--The Health Administrator or Agency responsible for the provision of health care services at a facility or system of facilities. The responsible physician may be the Health Authority. Health Authority may also be referred to as the Medical Department. HEALTH CARE PRACTITIONER - Defined as an individual who is licensed, certified, or credentialed by a state, territory, or other appropriate body to provide health care services within the scope and skills of the respective health care profession. HEALTH HAZARD--Includes carcinogens, toxic agents, reproductive toxins, irritants, corrosives, senitizers, hepatotoxins, nephrotoxins, neurotoxins, and other agents that act on the hemopoietic system or damage the lungs, skin, eyes, or mucous membranes. HEALTH SCREENING-A system for preliminary assessment of the physical and mental condition of individual detainees upon arrival at the facility; conducted by health care personnel or by a health trained officer. The combination of structured inquiry and observation is designed to prevent new arrivals, who appear to pose a health or safety threat to themselves or others, from moving into the general population. HEALTH SERVICES ADMINISTRATOR (HSA)-Executive responsible for the facility's health care program; may also serve as Clinical Director. HOLD ROOM-A secure area used for temporary confinement of detainees before in-processing, institutional appointments (court, medical), release, transfer to another facility, or deportation-related transportation. HOLY DAY-A day specified for religious observance. 27 ICE.2012FOIA3030000420 Attachment 1 EROIGSA-11-0008 HUNGER STRIKE - A voluntary fast undertaken as a means of protest or manipulation. Whether or not a detainee actually declares that he or she is on a hunger strike, staff are required to refer any detainee who is observed to not have eaten for 72 hours for medical evaluation and monitoring. ILLEGAL CONTRABAND--Any item prohibited by law, the possession of which constitutes grounds for felony or misdemeanor charges. INDIGENT - Without funds, or with only nominal funds. Ordinarily, a detainee is considered "indigent" if he or she has less than $15.00 in his or her account. INDOOR RECREATION AREA-A covered and enclosed exercise space 1,000 square feet or larger, encompassing 15 square feet per detainee for the planned capacity (number using the space at one time). INFORMAL COUNT-Population count conducted according to no fixed schedule, when detainees are working, engaged in other programs, or involved in recreational activities. Unless a detainee is missing, these counts are not reported; also called "census check" or "irregular count." INFORMAL RESOLUTION - Brings closure to a complaint or issue of concern to a detainee, satisfactory to the detainee and staff member involved; does not require filing of a written grievance. INFORMED CONSENT - A patient's knowing choice about a medical treatment or procedure, made after a physician or other healthcare provider discloses whatever information a reasonably prudent provider in the medical community would give to a patient regarding the diagnosis, risks and benefits involved in the proposed treatment or procedure, and prognosis. IN-PROCESSING - Administrative processing of a detainee arriving at a detention facility (See "Admissions"). INSTITUTION DISCIPLINARY PANEL (IDP)-Review board responsible for conducting disciplinary hearings and imposing sanctions for cases of detainee misconduct referred for disposition following the hearing. The IDP usually comprises a Hearing Officer and representatives of different departments in the facility. INTERGOVERNMENTAL SERVICE AGREEMENT (IGSA)-A cooperative agreement between ICE and any State, territory or political subdivision for the construction, renovation or acquisition of equipment, supplies or materials required to establish acceptable conditions of confinement and detention services. ICE may enter into an IGSA with any such unit of government guaranteeing to provide bed space for ICE detainees, and to provide the clothing, medical care, 28 ICE.2012FOIA3030000421 Attachment 1 EROIGSA-11-0008 food and drink, security and other services specified in the ICE/ERO Detention Standards; facilities providing such services are referred to as "IGSA facilities." INVESTIGATING OFFICER - An individual of supervisory or higher rank who conducts an investigation of alleged misconduct and was not involved in the incident; usually a Supervisory Detention Enforcement Officer or shift supervisor. IRREGULAR COUNT-See INFORMAL COUNT. LEGAL ASSISTANT - An individual (other than an interpreter) who, working under the direction and supervision of an attorney or other legal representative, assists with group presentations and in representing individual detainees. Legal assistants may interview detainees, assist detainees in completing forms and deliver papers to detainees without the supervisory attorney being present. LEGAL CORRESPONDENCE - See "SPECIAL CORRESPONDENCE" LEGAL FILE- See A-FILE. LEGAL REPRESENTATIVE - An attorney or other person representing another in a matter of law, including law students, law graduates not yet admitted to the bar; "reputable individuals"; accredited representatives; accredited officials and attorneys outside the United States (see 8 CFR ? 292.1, "Representation and Appearances"). LEGAL RIGHTS GROUP PRESENTATION - Informational session held in a detention facility by an attorney or other legal representative to inform detainees about U.S. immigration law and procedures; not a forum for providing confidential or case-specific legal advice. LIFE-SUSTAINING PROCEDURE (LIFE SUPPORT) - A medical intervention or procedure that uses artificial means to sustain a vital function. MAIL INSPECTION-Examination of incoming and outgoing letters, packages, etc., for contraband, including cash, checks and money orders. MASTER COUNT-Total number of detainees housed at a facility. MATERIAL SAFETY DATA SHEET (MSDS)-Basic information about a hazardous chemical, prepared and issued by the manufacturer, in accordance with Occupational Safety and Health Administration regulations (see 29 CFR 1910.1200; see also OSHA Form 174); among other things, specifies precautions for normal use, handling, storage, disposal, and spill cleanup. 29 ICE.2012FOIA3030000422 Attachment 1 EROIGSA-11-0008 MEDICAL PERSONNEL -Those individuals authorized by a "scope of practice" or "scope of privileges" to perform health care delivery consistent with their licensure, certification or training. MENTAL HEALTH PROVIDER - psychiatrist, clinical or counseling psychologist, physician, licensed clinical social worker or any other mental health professional licensed to practice and provide mental health services at the independent level. MESSENGER-A person (neither a legal representative nor a legal assistant) whose purpose is to deliver or convey documents, forms, etc., to and from the detainee; not afforded the visitation privileges of legal representatives and legal assistants. MINOR-A juvenile; a person under the age of 18. NATIONAL COMMISSION ON CORRECTIONAL HEALTH CAREEstablishes the standards for health service in correctional facilities on which accreditation is based. NATIONAL FIRE PROTECTION ASSOCIATION-Principal source of fire protection standards and codes. NCCHC - National Commission on Correctional Healthcare. NON-CONTACT VISIT-Visitation with a barrier preventing physical contact between the detainee and his or her visitors. NON-MEDICAL EMERGENCY ESCORTED TRIP-Authorized detainee visit to a critically ill member of his/her immediate family, or to attend the funeral of a member of his/her immediate family. "Immediate family" member refers to a parent (including stepparent and foster parent), child, spouse, sister, or brother of the detainee. NON-MERIT FACTOR - Any characteristic or factor immaterial to a detainee's mental or physical ability to perform a given assignment. NON-SECURITY KEY - A key which if duplicated by unauthorized persons and/or lost, would not constitute an emergency requiring urgent action; not critical to facility safety and security. OUT COUNTS-Detainees temporarily away from the facility, but included in the master count. 30 ICE.2012FOIA3030000423 Attachment 1 EROIGSA-11-0008 OUTDOOR RECREATION AREA-Open-air space for exercise or other leisure activities, large enough to allow 15 square feet per detainee for the largest group expected to use the area at any one time; but not less than 1,500 square feet. PAT-DOWN SEARCH-Relies on the sensitivity of the officer's hands as they tap or run over the detainee's clothed body; may require the detainee to reveal pocket contents. The least intrusive body search. PHYSICAL EXAMINATION--A thorough evaluation of an individual's physical condition and medical history conducted by or under the supervision of a trained medical professional. PLAN OF ACTION-Describes steps the facility will take to convert a condition that has caused a determination of noncompliance with a standard. POSSESSION - Control over an item on one's person, or in one's assigned or personal space. POST ORDERS--Written orders that specify the duties of each position, hourby-hour, and the procedures the post officer will follow in carrying out those duties. PROGRESSIVE RESTRAINTS-Control the detainee in the least restrictive manner required, until and unless the detainee's behavior warrants stronger and more secure means of inhibiting movement. PROTECTIVE CUSTODY (PC)--Administrative segregation for the detainee's own safety. REASONABLE SUSPICION--Not intuition, but articulable facts that lead staff to suspect a particular person is concealing a weapon, contraband, or evidence of a crime. RELIGIOUS PRACTICES-Worship, observances, services, meetings, ceremonies, etc., associated with a particular faith; access to religious publications, religious symbolic items, religious counseling and religious study classes; and adherence to dietary rules and restrictions. REPRESENTATIVE OF THE NEWS MEDIA-Persons whose principle employment is to gather, document or report news for: ? A newspaper that circulates among the general public and publishes news of a general interest such as political, religious, commercial, or social affairs. A key criterion is whether the paper qualifies to publish legal notices in the community in which it is located. ? A news magazine with a national circulation sold to the general public by newsstands and mail subscription. 31 ICE.2012FOIA3030000424 Attachment 1 EROIGSA-11-0008 ? A national or international news service. ? A radio or television news program of a station licensed by the Federal Communications Commission. SALLY PORT-An enclosure situated in the perimeter wall or fence surrounding the facility, containing double gates or doors, of which one cannot open until the other has closed, to prevent a breach in the perimeter security; handles pedestrian and/or vehicular traffic. SANITATION-The creation and maintenance of hygienic conditions; in the context of food, involves handling, preparing, and storing items in a clean environment, eliminating sources of contamination. SATELLITE FEEDING-Food served and consumed in a location other than where prepared. SECURITY KEY-- A key which if duplicated by unauthorized persons and/or lost, would jeopardize life, safety, property or security; or would facilitate escape. SEGREGATION--Confinement in an individual cell isolated from the general population; for administrative, disciplinary, or protective reasons. SERVICE PROCESSING CENTER (SPC) - A detention facility the primary operator and controlling party of which is ICE. SEXUAL ACT -- Contact between the penis and the vulva or the penis and the anus, where contact involving the penis occurs upon penetration, however slight; contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, arouse or gratify the sexual desire of any person. SHIFT - The time period of an employee work shift or watch -- for example, the morning shift, day shift, or evening shift. SHIFT SUPERVISOR -- A generic term for the detention security supervisor in charge of operations during a shift. The position titles may vary according to the type of facility (SPC, CDF, or IGSA) and local facility titles. Ordinarily, a shift supervisor (Detention Operations Supervisor, lieutenant, etc.) is, organizationally, directly under the chief of security (Chief Detention Enforcement Agent, captain, etc.). SOFT CONTRABAND-Any unauthorized item that does not constitute hard contraband, i.e., does not pose a serious threat to human safety or facility security; includes that quantity of an item possessed in an amount exceeding the established limit. 32 ICE.2012FOIA3030000425 Attachment 1 EROIGSA-11-0008 SPECIAL CORRESPONDENCE - "Special Correspondence" is the term for detainees' written communications to or from private attorneys and other legal representatives; government attorneys; judges, courts; embassies and consulates; the president and vice president of the United States, members of Congress, the Department of Justice (including the DOJ Office of the Inspector General), the Department of Homeland Security Office for Civil Rights and Civil Liberties, the Department of Homeland Security (including U.S. Immigration and Customs Enforcement, the Office of Detention and Removal Operations, and the DHS Office of the Inspector General); the U.S. Public Health Service (including the Division of Immigration Health Services); administrators of grievance systems; and representatives of the news media. SPECIAL MANAGEMENT UNIT (SMU) - A housing unit for detainees in administrative or disciplinary segregation. SPECIAL-NEED DETAINEE - A detainee whose mental and/or physical condition requires special handling and treatment by staff. Special needs detainees include but are not limited to those who are emotionally disturbed, mentally challenged or mentally ill, physically disabled, infirm and drug or alcohol addicts/abusers. TERMINALLY ILL/INJURED - In critical condition, beyond medical intervention, with death imminent or expected during the course of detention or hospitalization according to the attending physician. TJC - The Joint Commission [formerly the Joint Commission on Accreditation of Healthcare Organizations (JCAHO)], an independent, not-for-profit organization that evaluates and accredits more than 15,000 health care organizations and programs in the United States. TJC is the Nation's predominant standards-setting and accrediting body in health care. TOXIC - Poisonous; capable of causing injury or death. TRAINING - An organized, planned, and evaluated activity designed to achieve specific learning objectives and enhance personnel performance. Training may occur on site, at an academy or training center, an institution of higher learning, professional meetings, or through contract service or closely supervised on-thejob training. Training programs usually include requirements for completion, attendance records, and certification of completion. Meetings of professional associations are considered training where there is clear evidence of the direct bearing on job performance. In all cases, the activity must be part of an overall training program. 33 ICE.2012FOIA3030000426 Attachment 1 EROIGSA-11-0008 UNENCUMBERED SPACE - Open, usable space measuring at least seven feet in at least one dimension, free of plumbing fixtures, desk, locker, bed, and other furniture and fixtures (measured in operational position). UNAUTHORIZED FUNDS - Negotiable instruments (checks, money orders, etc.) or cash in a detainee's possession exceeding the facility-established limit. UNAUTHORIZED PROPERTY- Not inherently illegal, but against the facility's written rules. UNIT DISCIPLINARY COMMITTEE - See DISCIPLINARY COMMITTEE. VOLUNTEER GROUP - Individuals who collectively donate time and effort to enhance the activities and programs offered to detainees; selected on basis of personal qualities and skills (recreation, counseling, education, religion, etc.). WORK ASSIGNMENT - Carpentry, plumbing, food service and other operational activities included in the facility's Voluntary Work Program, for which a detainee may volunteer. 34 ICE.2012FOIA3030000427 Attachment 2 EROIGSA-11-0008 TITLE 29--LABOR PART 4_LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS--Table of Contents Subpart A Service Contract Labor Standards Provisions and Procedures Sec. 4.6 Labor standards clauses for Federal service contracts exceeding $2,500. The clauses set forth in the following paragraphs shall be included in full by the contracting agency in every contract/Inter-Governmental Service Agreement (IGSA) entered into by the United States or the District of Columbia, in excess of $2,500, or in an indefinite amount, the principal purpose of which is to furnish services through the use of service employees: (a) Service Contract Act of 1965, as amended: This contract/IGSA is subject to the Service Contract Act of 1965 as amended (41 U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued there under (29 CFR part 4). (b)(1) Each service employee employed in the performance of this Contract/IGSA by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract. (2)(i) If there is such a wage determination attached to this Contract/IGSA, the contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the Contract/IGSA (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section. (ii)Such conforming procedure shall be initiated by the contractor prior to the performance of contract/IGSA work by such unlisted class of employee. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class of employees performs any Contract/IGSA work. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary. Page 1 of 8 ICE.2012FOIA3030000428 Attachment 2 EROIGSA-11-0008 (iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken. Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination. (iv)(A) The process of establishing wage and fringe benefit rates that bears a reasonable relationship to those listed in a wage determination cannot be [[Page 41]] reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices, which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed. (B) In the case of a Contract/IGSA modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a Contract/IGSA under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the Contract/IGSA which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of Contract/IGSA work by the unlisted class of employees, the contractor shall advise the contracting officer of the action taken but the other procedures in paragraph (b) (2) (ii) of this section need not be followed. (C) No employee engaged in performing work on this Contract/IGSA shall in any event be paid less than the currently applicable minimum wage specified under section 6(a) (1) of the Fair Labor Standards Act of 1938, as amended. (v) The wage rate and fringe benefits finally determined pursuant to paragraphs (b)(2)(i) and (ii) of this section shall be paid to all employees performing in the classification from the first day on which Contract/IGSA work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced Contract/IGSA work shall be a violation of the Act and this contract.(vi) Upon discovery of failure to comply with paragraphs (b)(2)(i) through (v) of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced Contract/IGSA work. (3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this Contract/IGSA is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished there under to service employees shall be subject to adjustment after 1 year and not less often than once every 2 years, pursuant to wage determinations Page 2 of 8 ICE.2012FOIA3030000429 Attachment 2 EROIGSA-11-0008 to be issued by the Wage and Hour Division, Employment Standards Administration of the Department of Labor as provided in such Act. (c) The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differential payments in cash in accordance with the applicable rules set forth in subpart D of 29 CFR part 4, and not otherwise. (d)(1) In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this Contract/IGSA shall pay any person performing work under the Contract/IGSA (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938. Nothing in this provision shall relieve the contractor or any subcontractor of any other obligation under [[Page 42]] law or Contract/IGSA for the payment of a higher wage to any employee. (2) If this Contract/IGSA succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this Contract/IGSA setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this Contract/IGSA shall pay any service employee performing any of the Contract/IGSA work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No contractor or subcontractor under this Contract/IGSA may be relieved of the foregoing obligation unless the limitations of Sec. 4.1b(b) of 29 CFR part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Sec. 4.10 of 29 CFR part 4 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in Sec. 4.11 of 29 CFR part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/IGSA was not entered into as a result of arm's-length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/IGSA was not entered into as a result of arm's-length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the Contract/IGSA or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a Contract/IGSA or subcontract. 53 Comp. Gen. 401 (1973). In the case of a wage determination issued solely as a result of a finding of substantial Page 3 of 8 ICE.2012FOIA3030000430 Attachment 2 EROIGSA-11-0008 variance, such determination shall be effective as of the date of the final administrative decision. (e) The contractor and any subcontractor under this Contract/IGSA shall notify each service employee commencing work on this Contract/IGSA of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(a) (4) of the Act and of this contract. (f) The contractor or subcontractor shall not permit any part of the services called for by this Contract/IGSA to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR part 1925. (g)(1) The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each employee subject to the Act and shall make them available for inspection [[Page 43]] and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S. Department of Labor: (i) Name and address and social security number of each employee. (ii)The correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee. (iii) The number of daily and weekly hours so worked by each employee. (iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (v) A list of monetary wages and fringe benefits for those classes of service employees not included in the wage determination attached to this Contract/IGSA but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant to the labor standards clause in paragraph (b) of this section. A copy of the report required by the clause in Paragraph (b) (2) (ii) of this section shall be deemed to be such a list. (vi) Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to Sec. 4.6(l)(2). (2) The contractor shall also make available a copy of this Contract/IGSA for inspection or transcription by authorized representatives of the Wage and Hour Division. Page 4 of 8 ICE.2012FOIA3030000431 Attachment 2 EROIGSA-11-0008 (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment or advance of funds until such violation ceases. (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. (h) The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR part 4), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly. (i) The contracting officer shall withhold or cause to be withheld from the Government prime contractor under this or any other Government Contract/IGSA with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Service Contract Act of 1965, may be grounds for termination of the right to proceed with the Contract/IGSA work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. (j) The contractor agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all Subcontracts subject to the Act. The term contractor as used in these clauses in any subcontract shall be deemed to refer to the subcontractor, except in the term Government prime contractor. (k)(1) As used in these clauses, the term service employee means any person engaged in the performance of this Contract/IGSA other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations, as of July [[Page44)) 30, 1976, and any subsequent revision of those regulations. The term service employee includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. (2) The following statement is included in contracts pursuant to section 2(a) (5) of the Act and is for informational purposes only: The following classes of service employees expected to be employed under the Contract/IGSA with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and Page 5 of 8 ICE.2012FOIA3030000432 Attachment 2 EROIGSA-11-0008 would, if so employed, be paid not less than the following rates of wages and fringe benefits: Employee class GS-05 GS-07 wage-fringe benefit $14.24 $17.64 Search current rates at http://www.opm.gov/oca/08tables/ (l)(1) If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the Contract/IGSA are provided for in a collective bargaining agreement which is or will be effective during any period in which the Contract/IGSA is being performed, the Government prime contractor shall report such fact to the contracting officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of Contract/IGSA performance, such agreements shall be reported promptly after negotiation thereof. (2) Not less than 10 days prior to completion of any Contract/IGSA being performed at a Federal facility where service employees may be retained in the performance of the succeeding Contract/IGSA and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (Sec. 4.173 of Regulations, 29 CFR part 4), the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of Contract/IGSA performance. Such list shall also contain anniversary dates of employment on the Contract/IGSA either with the current or predecessor contractors of each such service employee. The contracting officer shall turn over such list to the successor contractor at the commencement of the succeeding contract. (m) Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR part 4. (n)(1) By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act. (2) No part of this Contract/IGSA shall be subcontracted to any person or firm ineligible for award of a Government Contract/IGSA pursuant to section 5 of the Act. (3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Page 6 of 8 ICE.2012FOIA3030000433 Attachment 2 EROIGSA-11-0008 (o) Notwithstanding any of the clauses in paragraphs (b) through (m) of this section relating to the Service Contract Act of 1965, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1)Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a) (1) or([Page 45]] (2)(b)(1) of the Service Contract Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a) (2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525). (3) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student-learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525). (4) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in parts 525 and 528 of title 29 of the Code of Federal Regulations. (p) Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the Contract/IGSA work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. (q) Where an employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips, the amount of tips received by the employee may be credited by the employer against the minimum wage required by Section 2(a)(1) or 2(b)(1) of the Act to the extent Page 7 of 8 ICE.2012FOIA3030000434 Attachment 2 EROIGSA-11-0008 permitted by section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. To utilize this provison: (1)The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2)The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act. (r) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract/IGSA shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 4, 6, and 8. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.(The information collection, recordkeeping, and reporting requirements contained in this section have been approved by the Office of Management and Budget under the following numbers: [[Page 46]] -----------------------------------------------------------------------Paragraph OMB control number ----------------------------------------------------------------------(b)(2) (i)--(iv).................................... 1215-0150 (e)................................................. 1215-0150 (g)(1) (i)--(iv).................................... 1215-0017 (g)(1) (v), (vi).................................... 1215-0150 (l) (1), (2)........................................ 1215-0150 (q)(3).............................................. 1215-0017 ----------------------------------------------------------------------[48 FR 49762, Oct. 27, 1983; 48 FR 50529, Nov. 2, 1983, as amended at 61 FR 68663, Dec. 30, 1996] Page 8 of 8 ICE.2012FOIA3030000435 Attachment 5 EROIGSA-11-0008 QUALITY ASSURANCE SURVEILLANCE PLAN 1. INTRODUCTION ICE's Quality Assurance Surveillance Plan (QASP) is based on the premise that the Service Provider, and not the Government, is responsible for the day-to-day operation of the Facility and all the management and quality control actions required to meet the terms of the Agreement. The role of the Government in quality assurance is to ensure performance standards are achieved and maintained. The Service Provider shall develop a comprehensive program of inspections and monitoring actions and document its approach in a Quality Control Plan (QCP). The Service Provider's QCP, upon approval by the Government, will be made a part of the resultant Agreement. This QASP is designed to provide an effective surveillance method to monitor the Service Provider's performance relative to the requirements listed in the Agreement. The QASP illustrates the systematic method the Government (or its designated representative) will use to evaluate the services the Service Provider is required to furnish. This QASP is based on the premise the Government will validate that the Service Provider is complying with ERO-mandated quality standards in operating and maintaining detention facilities. Performance standards address all facets of detainee handling, including safety, health, legal rights, facility and records management, etc. Good management by the Service Provider and use of an approved QCP will ensure that the Facility is operating within acceptable quality levels. 2. DEFINITIONS Performance Requirements Summary (Attachment 5A): The Performance Requirements Summary (PRS) communicates what the Government intends to qualitatively inspect. The PRS is based on the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF) and ICE 2008 Performance Based National Detention Standards (PBNDS). The PRS identifies performance standards grouped into nine functional areas, and quality levels essential for successful performance of each requirement. The PRS is used by ICE when conducting quality assurance surveillance to guide them through the inspection and review processes. Functional Area: A logical grouping of performance standards. Contracting Officer's Technical Representative (COTR): The COTR interacts with the Service Provider to inspect and accept services/work performed in accordance with the technical standards prescribed in the Agreement. The Contracting Officer issues a written memorandum that appoints the COTR. Other individuals may be designated to assist in the inspection and quality assurance surveillance activities. Performance Standards: The performance standards are established in the ERO ICE 2008 PBNDS at http://www.ice.gov/partners/dro/PBNDS/index.htm, as well as the ACA standards for ALDF. Other standards may also be defined in the Agreement. 1 ICE.2012FOIA3030000436 Attachment 5 EROIGSA-11-0008 Measures: The method for evaluating compliance with the standards. Acceptable Quality Level: The minimum level of quality that will be accepted by ICE to meet the performance standard. Withholding: Amount of monthly invoice payment withheld pending correction of a deficiency. See Attachment 5A for information on the percentages of an invoice amount that may be withheld for each functional area. Funds withheld from payment are recoverable (See Sections 7 and 8) if the COTR and Contracting Officer confirm resolution or correction, and should be included in the next month's invoice. Deduction: Funds may be deducted from a monthly invoice for an egregious act or event, or if the same deficiency continues to occur. The Service Provider will be notified immediately if such a situation arises. The Contracting Officer in consultation with the ERO will determine the amount of the deduction. Amounts deducted are not recoverable. 4. QUALITY CONTROL PLAN The Service Provider shall develop, implement, and maintain a Quality Control Plan (QCP) that illustrates the methods it will use to review its performance to ensure it conforms to the performance requirements. (See Attachment 5A for a summary list of performance requirements.) Such reviews shall be performed by the Service Provider to validate its operations, and assure ICE that the services meet the performance standards. The Service Provider's QCP shall include monitoring methods that ensure and demonstrate its compliance with the performance standards. This includes inspection methods and schedules that are consistent with the regular reviews conducted by ERO. The reports and other results generated by the Service Provider's QCP activities should be provided to the COTR as requested. The frequency and type of the Service Provider's reviews should be consistent with what is necessary in order to ensure compliance with the performance standards, but no less frequent than what is described in the Government's monitoring instrument/worksheets (See Attachment 5B). The Service Provider is encouraged not to limit its inspection to only the processes outlined in the 2008 PBNDS; however, certain key documents shall be produced by the Service Provider to ensure that the services meet the performance standards. Some of the documentation that shall be generated and made available to the COTR for inspection is listed below. The list is intended as illustrative and is not all-inclusive. The Service Provider shall develop and implement a program that addresses the specific requirement of each standard and the means it will use to document compliance. o Written policies and procedures to implement and assess operational requirements of the standard o Documentation and record keeping to ensure ongoing operational compliance with the standards (e.g.; inventories, logbooks, register of receipts, reports, etc.) o Staff training records 2 ICE.2012FOIA3030000437 Attachment 5 EROIGSA-11-0008 o Contract discrepancy reports (CDRs) o Investigative reports o Medical records o Records of investigative actions taken o Equipment inspections o System tests and evaluation 5. METHODS OF SURVEILLANCE ICE will inspect the Service Provider's facility and operations using worksheets it developed for this purpose. All facilities will be subject to an annual full facility review. The Government's annual full facility reviews will use the monitoring instruments embedded in the standards. Facilities with 500 beds or more have an on-site COTR and/or designees who will perform regular and more frequent inspections using the worksheet in Attachment 5B. This worksheet, which distills some 600 review areas included in the standards, will help the COTR or designee assess overall performance, by reviewing specific items within the 9 functional areas on a daily, weekly, monthly, and/or quarterly basis. Both annual and routine inspections will include a review of the Service Provider's QCP activities including the reports and results generated by them. The COTR or designee will evaluate the Service Provider's performance by (a) conducting site visits to assess the Facility and detainee conditions, (b) reviewing documentation, and (c) interviewing the Service Provider's personnel and/or detainees. NOTE: For day-to-day activities, the Government will conduct its surveillance using the worksheets created for this purpose, along with the Contract Discrepancy Reports (See Attachment 5C) and the "Compliance Monitoring Tool" set forth in Attachment 5B. Where ICE/ERO standards are referenced for annual review purposes, the "Monitoring Instruments" and "Verification Sources" identified in the ERO standard will be used. 5.1 Site Visits: Site visits are used to observe actual performance and to conduct interviews to determine the extent of compliance with performance standards, and to ensure any noted defects are effectively addressed and corrected as quickly as possible. Sites with 500+ beds will have an on-site COTR designee. Routine reviews may involve direct observation of the Service Provider personnel performing tasks, interacting with detainees and other staff members, and/or reviewing documentation that demonstrates compliance with the ERO standards. On-site inspections may be performed by the COTR or by other parties designated as representatives of ICE. Inspections may be planned (e.g., annual inspections and the regular inspections identified in Attachment 5B) or ad-hoc. 5.2 Ad-Hoc: These inspections are unscheduled and will be conducted as a result of special interests arising from routine monitoring of the Service Provider's QCP, an unusual occurrence pertaining to the Agreement or other ICE concerns. These inspections may also be used as a follow-up to a previous inspection. Inspection findings will be provided to the Service Provider as appropriate. When visiting a site, either the COTR or a designated third party may conduct their own inspections of Service Provider performance activities, or accompany the Service Provider's 3 ICE.2012FOIA3030000438 Attachment 5 EROIGSA-11-0008 designated Quality Control Inspector (QCI) on scheduled inspections. The COTR may also immediately inspect the same area as soon as the QCI has completed the quality control inspection to determine if any surveillance areas were overlooked. The COTR may also inspect an area prior to the QCI and compare results. The COTR will record all findings; certain deficiencies noted will be provided in writing and shall be corrected within a reasonable amount of time (See Attachment 5B). 5.3 Review of Documentation: The Service Provider shall develop and maintain all documentation as prescribed in the PBNDS (e.g., post logs, policies, and records of corrective actions). In addition to the documentation prescribed by the standards, the Service Provider shall also develop and maintain documentation that demonstrates the results of its own inspections as prescribed in its QCP. The COTR will review both forms of documentation to affirm that the facility conditions, policies/procedures, and handling of detainees all conform to the performance standards stated herein. When reviewing the Service Provider's documentation, the Government may review 100% of the documents, or a representative sample. Documentation may be reviewed during a site visit, or at periodic points throughout the period of performance. 5.4 Interviews and Other Feedback: The COTR may interview key members of the Service Provider's staff, detainees and other Government personnel to ascertain current practices and the extent of compliance with the performance standards. 6. FUNCTIONAL PERFORMANCE AREAS AND STANDARDS To facilitate the performance review process, the required performance standards are organized into nine functional areas. Each functional area represents a proportionate share (i.e., weight) of the monthly invoice amount payable to the Service Provider based on meeting the performance standards. Payment withholdings will be based on these percentages and weights applied to the overall monthly invoice. ICE may, consistent with the scope the Agreement, unilaterally change the functional areas and associated standards affiliated with a specific functional area. The Contracting Officer will notify the Service Provider at least 30 calendar days in advance of implementation of the new standard(s). If the Service Provider is not provided with the notification, adjustment to the new standard shall be made within 30 calendar days after notification. If any change affects pricing, the Service Provider may submit a request for equitable price adjustment in accordance with the "Changes" clause. ICE reserves the right to develop and implement new inspection techniques and instructions at any time during performance without notice to the Service Provider, so long as the standards are not more stringent than those being replaced. 7. FAILURE TO MEET PERFORMANCE STANDARDS Performance of services in conformance with the PRS standards is essential for the Service Provider to receive full payment as identified in the Agreement. The Contracting Officer may take deductions against the monthly invoices for unsatisfactory performance documented through surveillance of the Service Provider's activities gained through site inspections, reviews of documentation (including monthly QCP reports), interviews and other feedback. As a result of its surveillance, the Service Provider will be assigned the following rating relative to each performance standard: 4 ICE.2012FOIA3030000439 Attachment 5 EROIGSA-11-0008 Rating Description Acceptable Based on the measures, the performance standard is demonstrated. Deficient Based on the measures, compliance with most of the attributes of the performance standard is demonstrated or observed with some area(s) needing improvement. There are no critical areas of unacceptable performance At-Risk Based on the performance measures, the majority of a performance standard's attributes are not met. Using the above standards as a guide, the Contracting Officer will implement adjustments to the Service Provider's monthly invoice as prescribed in Attachment 5A Rather than withholding funds until a deficiency is corrected, there may be times when an event or a deficiency is so egregious that the Government deducts (vs. "withholds") amounts from the Service Provider's monthly invoice. This may happen when an event occurs, such as sexual abuse, when a particular deficiency is noted 3 or more times without correction, or when the Service Provider has failed to take timely action on a deficiency about which he was properly and timely notified. The amount deducted will be consistent with the relative weight of the functional performance area where the deficiency was noted. The deduction may be a one-time event, or may continue until the Service Provider has either corrected the deficiency, or made substantial progress in the correction. Further, a deficiency found in one functional area may tie into another. If a detainee escaped, for example, a deficiency would be noted in "Security," but may also relate to a deficiency in the area of "Administration and Management." 8. NOTIFICATIONS (a) Based on the inspection of the Service Provider's performance, the COTR will document instances of deficient or at-risk performance (e.g., noncompliance with the standard) using the CDR located at Attachment 5C. To the extent practicable, issues should be resolved informally, with the COTR and Service Provider working together. When documentation of an issue or deficiency is required, the procedures set forth in this section will be followed. (b) When a CDR is required to document performance issues, it will be submitted to the Service Provider with a date when a response is due. Upon receipt of a CDR, the Service Provider shall immediately assess the situation and either correct the deficiency as quickly as possible or prepare a corrective action plan. In either event, the Service Provider shall return the CDR with the action planned or taken noted. After the COTR reviews the Service Provider's response to the CDR including its planned remedy, the COTR will either accept the plan or correction or reject the correction or plan for revision and provide an explanation. This process should take no more than one week. The CDR shall not be used as a substitute for quality control by the Service Provider. 5 ICE.2012FOIA3030000440 Attachment 5 EROIGSA-11-0008 (c) The COTR, in addition to any other designated ICE official, shall be notified immediately in the event of all emergencies. Emergencies include, but are not limited to the following: activation of disturbance control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work-place violence, civil disturbances, or protests); staff use of force including use of lethal and less-lethal force (includes detainees in restraints more than eight hours); assaults on staff or detainees resulting in injuries requiring medical attention (does not include routine medical evaluation after the incident); fights resulting in injuries requiring medical attention; fires; 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 significant publicity; adverse weather (e.g., hurricanes, floods, ice or snow storms, heat waves, tornadoes); fence damage; power outages; bomb threats; significant environmental problems that impact the Facility operations; transportation accidents resulting in injuries, death or property damage; and sexual assaults. Note that in an emergency situation, a CDR may not be issued until an investigation has been completed. (d) If the COTR concludes that the deficient or at-risk performance warrants a withholding or deduction, the COTR will include the CDR in its monthly report, with a copy to the Contracting Officer. The CDR will be accompanied by the COTR's investigation report and written recommendation for any withholding. The Contracting Officer will consider the COTR's recommendation and forward the CDR along with any relevant supporting information to the Service Provider in order to confirm or further discuss the prospective cure, including the Government's proposed course of action. As described in section 7 above, portions of the monthly invoice amount may be withheld until such time as the corrective action is completed, or a deduction may be taken. (e) Following receipt of the Service Provider's notification that the correction has been made, the COTR may re-inspect the Facility. Based upon the COTR's findings, he or she will recommend that the Contracting Officer continue to withhold a proportionate share of the payment until the correction is made, or accept the correction as final and release the full amount withheld for that issue. (f) If funds have been withheld and either the Government or the Service Provider terminates the Agreement, those funds will not be released. The Service Provider may only receive withheld payments upon successful correction of an instance of non-compliance. Further, the Service Provider is not relieved of full performance of the required services hereunder; the Agreement may be terminated upon adequate notice from the Government based upon any once instance, or failure to remedy deficient performance, even if a deduction was previously taken for any inadequate performance. (g) The COTR will maintain a record of all open and resolved CDRs. 9. DETAINEE OR MEMBER OF THE PUBLIC COMPLAINTS The detainee and the public are the ultimate recipients of the services identified in this Agreement. Any complaints made known to the COTR will be logged and forwarded to the Service Provider for remedy. Upon notification, the Service Provider shall be given a prespecified number of hours after verbal notification from the COTR to address the issue. The 6 ICE.2012FOIA3030000441 Attachment 5 EROIGSA-11-0008 Service Provider shall submit documentation to the COTR regarding the actions taken to remedy the situation. If the complaint is found to be invalid, the Service Provider shall document its findings and notify the COTR. 10. ATTACHMENTS 5.A. Performance Requirements Summary 5.B. Compliance Monitoring Tool 5.C. Sample Contract Discrepancy Report 7 ICE.2012FOIA3030000442 Attachment 5.A. - Performance Requirements Summary FUNCTIONAL AREA/ WEIGHT Safety (20%) (Addresses a safe work environment for staff, volunteers, contractors and detainees) Security (20%) (Addresses protect the community, staff, contractors, volunteers, and detainees from harm) PERFORMANCE STANDARD (NDS, ICE POLICIES, PWS) PBNDS References: Part 1 - SAFETY 1) Emergency Plans; 2) Environmental Health and Safety; 3) Transportation (by Land). PERFORMANCE MEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL Performance measures are reflected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR ? Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard ? Periodic reviews in accordance with the attached performance monitoring tool ? Monthly review of corrective action plan results ? Ad-hoc reviews as needed ? CDRs Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP) A Contract Discrepancy Report that cites violations of cited PBNDS and PWS (contract) sections that provide a safe work environment for staff, volunteers, contractors and detainees, permits the Contract Officer to withhold or deduct up to 20% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. ? Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard ? Periodic reviews in accordance with the attached performance monitoring tool ? Monthly review of corrective action plan results ? Ad-hoc reviews as needed ? CDRs Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP) A Contract Discrepancy Report that cites violations of PBNDS and PWS (contract) sections that protect the community, staff, contractors, volunteers, and detainees from harm, permits the Contract Officer to withhold or deduct up to 20% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard PBNDS References: Part 2 - SECURITY 4) Admission and Release; 5) Classification System; 6) Contraband; 7) Facility Security and Control; 8) Funds and Personal Property; 9) Hold Rooms in Detention Facilities; 10) Key and Lock Control; 11) Population Counts; 12) Post Orders; 13) Searches of Detainees; 14) Sexual Abuse and Assault Prevention and Intervention; 15) Special Management Units; 16) Staff-Detainee Communication; 17) Tool Control; 18) Use of Force and Restraints. EROIGSA-11-0008 Periodic reviews in accordance with the contract performance monitoring tool (see attached) Performance measures are reflected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard Periodic reviews in accordance with the contract performance monitoring tool (see attached) WITHHOLDING CRITERIA Weapons Control 4-ALDF-2B-04, 4-ALDF2B-08, 4-ALDF-7B-14 Sexual Assault 4-ALDF-4D-22-8 Permanent Logs 4-ALDF-2A-11 1 ICE.2012FOIA3030000443 Attachment 5.A. - Performance Requirements Summary Order (10%) PBNDS Reference: Part 3 - ORDER 19) Disciplinary System. (Addresses contractor responsibility to maintain an orderly environment with clear expectations of behavior and systems of accountability) Diversity Training 4-ALDF-6A-08, 4ALDF-7B-10 Care (20%) (Addresses contractor responsibility to provide for the basic needs and personal care of detainees) Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard PBNDS References: Part 4 - CARE 20) Food Service; 21) Hunger Strikes; 22) Medical Care; 23) Personal Hygiene; 24) Suicide Prevention and Intervention; 25) Terminal Illness, Advanced Directives, and Death. Experimental Research 4-ALDF-4D-18 Communicable Disease 4-ALDF-4C-14 Activities (10%) (Addresses contractor responsibilities to reduce the negative effects of confinement) Performance measures are reflected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR PBNDS References: Part 5 - ACTIVITIES 26) Correspondence and Other Mail; 27) Escorted Trips for Non-Medical Emergencies; 28) Marriage Requests; 29) Recreation; 30) Religious Practices; 31) Telephone Access; 32) Visitation; 33) Voluntary Work Program. Periodic reviews in accordance with the contract performance monitoring tool (see attached) Performance measures are reflected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard Periodic reviews in accordance with the contract performance monitoring tool (see attached) Performance measures are reflected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard Periodic reviews in accordance 2 EROIGSA-11-0008 ? Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard ? Periodic reviews in accordance with the attached performance monitoring tool ? Monthly review of corrective action plan results ? Ad-hoc reviews as needed ? CDRs Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP) A Contract Discrepancy Report that cites violations of PBNDS and PWS (contract) sections that maintain an orderly environment with clear expectations of behavior and systems of accountability permits the Contract Officer to withhold or deduct up to 10% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. ? Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard ? Periodic reviews in accordance with the attached performance monitoring tool ? Monthly review of corrective action plan results ? Ad-hoc reviews as needed ? CDRs Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP) A Contract Discrepancy Report that cites violations of PBNDS and PWS(contract) sections that provide for the basic needs and personal care of detainees, permits the Contract Officer to withhold or deduct up to 20% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. ? Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard ? Periodic reviews in accordance with the attached performance monitoring tool ? Monthly review of corrective action plan results ? Ad-hoc reviews as needed Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP) A Contract Discrepancy Report that cites violations of PBNDS and PWS (contract) sections that reduce the negative effects of confinement permits the Contract Officer to withhold or deduct up to 10% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. ICE.2012FOIA3030000444 Attachment 5.A. - Performance Requirements Summary Justice (5%) (Addresses contractor responsibilities to treat detainees fairly and respect their legal rights-At this Contract Detention Facility, performance of the applicable PBNDS are the responsibility of ICE and are not the responsibility of the Contractor) Administration and Management (5%) (Addresses contractor responsibilities to administer and manage the facility in a professional and responsible manner consistent with legal requirements) Workforce Integrity (5%) PBNDS References: Part 6 - JUSTICE 34) Detainee Handbook; 35) Grievance System; 36) Law Libraries and Legal Materials; 37) Legal Rights Group Presentations. PBNDS References: Part 7 - -ADMIN & MANAGEMENT 38) Detention Files; 39) News Media Interviews and Tours; 40) Staff Training; 41) Transfer of Detainees; ? CDRs ? Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard ? Periodic reviews in accordance with the attached performance monitoring tool ? Monthly review of corrective action plan results ? Ad-hoc reviews as needed ? CDRs Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP) A Contract Discrepancy Report that cites violations of PBNDS and PWS sections that treat detainees fairly and respect their legal rights, permits the Contract Officer to withhold or deduct up to 5% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. Performance measures are reflected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR ? Annual review of facility using Detention Management Control Program (DMCP) procedures and based upon the performance standard ? Periodic reviews in accordance with the attached performance monitoring tool ? Monthly review of corrective action plan results ? Ad-hoc reviews as needed ? CDRs Performance fully complies with all elements of standard at a level no less than acceptable (see Section 6 of the QASP) A Contract Discrepancy Report that cites violations of PBNDS and PWS sections that require the Contractor's administration and management of the facility in a professional and responsible manner consistent with legal requirements, permits the Contract Officer to withhold or deduct up to 5% of a monthly invoice until the Contract Officer determines there is full compliance with the standard or section. Performance measures are reflected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR ? Annual review of facility using Detention Management Control Program (DCMP) procedures and based upon the performance standard ? Periodic reviews in accordance with the attached contract performance monitoring tool Performance fully complies with all elements of standard at a level no less than acceptable (See section 7 of the QASP) A rating of Deficient on any three of the standards will result in a 5% withholding in the monthly invoiced per-diem day rate until compliance with the standard is established. Contractor Quality Control/ Assurance Program (Contract) 4-ALDF-7D-02 Accommodations for the Disabled, 4ALDF-6B-04, 4-ALDF-6B-07 Staff Misconduct 4-ALDF-7B-01 (Addresses the adequacy of the detention/correction al officer hiring process, staff training and licensing/ with the contract performance monitoring tool (see attached) Performance measures are reflected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR Policy Development and Monitoring 4ALDF-7D-06 Staff Background and Reference Checks (Contract) 4-ALDF-7B-03 Staffing Pattern Compliance within 10% of required (Contract) 4-ALDF-2A-14 EROIGSA-11-0008 Staff Training, Licensing, and Credentialing (Contract) 4-ALDF-4D-05, 4-ALDF-7B-05, 4ALDF-7B-08 3 A rating of At-Risk on any of the standards will result in a 5% withholding in the monthly invoiced per-diem day rate until ICE.2012FOIA3030000445 Attachment 5.A. - Performance Requirements Summary ? Monthly review of corrective action plan results. ? Ad-hoc reviews as needed ? CDRs certification and adequacy of systems to report and address staff misconduct) Discrimination Prevention 4-ALDF-6B-02-03 Detainee Discrimination (5%) (Addresses the adequacy of policies and procedures to prevent discrimination against detainees based on their gender, race, religion, national origin, or disability) EROIGSA-11-0008 Performance measures are reflected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR 4 ? Annual review of facility using Detention Management Control Program (DCMP) procedures and based upon the performance standard ? Periodic reviews in accordance with the attached performance monitoring tool (see attached) ? Monthly review of corrective action plan results. ? Ad-hoc reviews as needed ? CDRs compliance with the standard is established. Performance fully complies with all elements of standard at a level no less than acceptable (see Section 7 of the QASP) A rating of Deficient on the standards will result in a 5% withholding in the monthly invoiced per-diem day rate until compliance with the standard is established. A rating of At-Risk on any of the standards will result in a 5% withholding in the monthly invoiced per-diem day rate until compliance with the standard is established. ICE.2012FOIA3030000446 1-0008 Attachment 5.B. Enforcement and Removal Operations Compliance Monitoring Tool Facility Name: Month/Y ear: VKRTAQ, chit,? .c Sec 0/ U.S. Immigration and Customs Enforcement Fre uenc PERFORMANCE MONITORING MEASURE Rating Corrective Action Required I Comments Due Date 1. Emergency Plans Staff trained, and able to identify signs of detainee unrest Written plans locate emergency shut off valves and switches Evacuation routes primary and secondary A complete set of emergency plans is available Facility conducts mock emergency exercises throughout the year to test speci?c plans Staff work stoppage plan is available The facility meets annually with local, state, federal of?cials to discuss MOUs and cooperative contingency plans 2. Environmental Health and Safety System for storing/issuing/maintaining hazardous materials Complete inventories of hazardous materials maintained A complete list of MSDS readily accessible to staff and detainees Fire prevention/controllevacuation plan Conduct ?re/evacuation drills according to schedule/standard Staff trained to prevent contact with blood and bodily ?uids .07"?an .0 Emergency generators are tested bi-weekly Every employee and detainee using ?ammable, toxic, or caustic materials receives advance training in their use, storage, and disposal Safety Of?ce (or of?cer) maintains ?les of inspection reports; Including corrective actions taken Facility appears clean and well maintained All ?ammable and combustible materials (liquid and aerosol) are stored and used according to label recommendations A Acceptable De?cient At-Risk NA Not Applicable ICE.2012FOIA3030000447 1-0008 Attachment 5.B. QWM . Ag U.S. Immigration Enforcement and Removal Operations and Customs Compliance Monitoring Tool 04?6- we Enforcement 0/ Facility Name: Month/Y ear: Fre PERFORMANCE MONITORING MEASURE Rating Required I Comments Due Date 3. Transportation (By Land) Documentation indicating safety repairs are completed immediately and vehicles are not used until they have been repaired and inspected, is available for review Of?cers use a checklist during every vehicle inspection Transporting of?cers limit driving time to 10 hours in any 15 hour period when transporting detainees Two Of?cers with valid Commercial Drivers Licenses, required in any bus transporting detainees Policies and procedures are in place addressing the use Of restraining equipment on transportation vehicles moo Vehicles have 2 way radios, cellular telephones, equipment boxes in accordance with the Use of Force standard .07" Vehicles have written contingency plans on board 4. Admission and Release ICE information is available for initial classi?cation Medical screening taking place within timeframes Inventory detainee personal effects Accountability in place for admin/release All visual searches documented and are not routine in procedure Appropriate clothing and bedding issued Orientation material in English, Spanish or most prevalent second language 5. Classi?cation System All detainees classi?ed appropriately upon arrival Reassessment and reclassi?cation process in place 0.00? .0 Housing assignments are based upon classi?cation A Acceptable De?cient At-Risk NA Not Applicable ICE.2012FOIA3030000448 1-0008 Attachment 5.B. Enforcement and Removal Operations Compliance Monitoring Tool Facility Name: Month/Y ear: .3-gro ?n '90 43v!) 0/ U.S. Immigration and Customs Enforcement Fre uenc PERFORMANCE MONITORING MEASURE Rating Corrective Action Required I Comments Due Date Work assignments are based upon classi?cation system Detainees are assigned color coded uniforms/wrist bands to re?ect classi?cation level 6. Contraband Policy in place for handling contraband Contraband disposed of properly and documented om? Facility staff make a concerted effort to control contraband 7. Facility Security and Control Staff are required to conduct security check of assigned areas All visitors of?cially recorded in a visitor log book Front entrance staff inspect ID of everyone entering/exiting Maintain a log of all incoming and departing vehicles Housing unit searches occur at irregular times Area searches documented in log book fence checks completed and logged I mepow> Facility administrator or designee and department heads visit housing units and activity areas weekly Comprehensive staf?ng analysis determines staf?ng needs and plans Essential posts and positions are ?lled with quali?ed personnel Of?cers monitor all vehicular traf?c entering and leaving the facility The facility has a written policy and procedures to prevent the introduction of contraband into the facility or any of its components A Acceptable De?cient At-Risk NA Not Applicable 1-0008 Attachment 5.B. 9W4, . . I t. U.S. orcemen an emova pera IODS =Ut and Customs Compliance Monitoring Tool we Enforcement Facility Name: Month/Y ear: He PERFORMANCE MONITORING MEASURE Rating Due Date Required I Comments Security Of?cer posts located in or immediately adjacent tO detainee living areas to permit Of?cers tO see or hear and respond to emergency situations. Personal contact and M. interaction between staff and detainees is required and facilitated Daily procedures include: perimeter alarm system tests; physical N. checks Of the perimeter fence; documenting the results Tools taken into the secure area Of the facility are inspected and O. inventoried before entering and prior to departure The facility has in place a procedure and practice to gather, analyze and utilize intelligence information to include areas such as STGs, narcotics traf?cking, ?nancial info, telephone surveillance, high pro?le detainees, visiting room activities, etc .033 The facility shares intelligence information with ICE 8. Funds and Personal Property Inventory personal property/funds is maintained Funds/valuables documented on receipt Detainees property searched for contraband Staff forward arriving detainees medication to medical staff moow> Detainee funds are deposited into the cash box Staff secure every container used to store property with a tamper- prOOf numbered strap 7" Quarterly audits Of detainee baggage luggage are conducted, veri?ed, and logged .0 9. Hold Rooms in Detention Facilities Detainees are not held in hold rooms longer than 12 hours All detainees pat searched prior to placement in hold room ow> Maintain detention log for each detainee in hold room A Acceptable De?cient At-Risk NA Not Applicable 1-0008 Attachment 5.B. Enforcement and Removal Operations Compliance Monitoring Tool Facility Name: Month/Y ear: VKRTAQ, chit,? .c Sec 0/ U.S. Immigration and Customs Enforcement PERFORMANCE MONITORING MEASURE Rating Corrective Action Required I Comments Due Date Written evacuation plan posted for each hold room Hold rooms contain suf?cient seating for the number of detainees held The maximum occupancy for the hold room will be posted No bunks/cots/beds or other related make shift sleeping apparatuses are permitted inside hold rooms Male and females are seg?gated from each other at all times Detainees are provided with basic personal hygiene items such as water, soap, toilet paper, cups for water, feminine hygiene items, diapers and wipes Of?cers closely supervise the detention hold rooms. Hold rooms are irregularly monitored every 15 minutes 10. Key and Lock Control Maintain inventories of all keys/locks/Iocking devices Emergency keys are available for all areas of the facility Chit system used to issue security equip./keys/radios Policy regarding restricted keys present and followed by staff oow> Facility has a key accountability policy and procedures to ensure key accountability. The keys are physically counted daily Locks and locking devices are continually inspected, maintained, and inventoried 11. Population Counts Staff conduct formal count at least once per 8 hour shift/ 3x per day At least ?8 of?cers participate in count for each area Recount cihducted when incorrect count is reported Face to phr?'to count conducted mpow> Each detainee positively identi?ed during count A Acceptable De?cient At-Risk NA Not Applicable 1-0008 A?aChment 5'3 U.S. Immigration Enforcement. and Removal Operations and Customs Compliance Monitoring Tool Enforcement Facility Name: Month/Y ear: F'e PERFORMANCE MONITORING MEASURE Rating Adm" Due Date Required I Comments 12. Post Orders Every post has a post order, current signed by the facility A. administrator B. Housing unit Of?cers record all detainee activity in a log C. Supervisor visits each housing area once per shift Staff sign post orders, regardless Of whether the assignment is D. temporary, permanent, or due to an emergency Anyone assigned to an armed post quali?es with the post weapons E. before assuming post duty 13. Searches Of Detainees A. Unit shakedowns are conducted B. Random shakedowns conducted documented The facility employs a schedule to insure that all areas of the facility C. are routinely searched D. Canines are not used for force, intimidation, or control of detainees. 14. Sexual Abuse and Assault Prevention and Intervention The facility has a Sexual Abuse and Assault Prevention and A. Intervention Program I B. Detainees are advised Of the program All staff are trained, initially and in annual refresher training, in the C. prevention and intervention areas Sexual Assault Awareness Notice is posted on all housing unit D. bulletin boards 15. Special Management Units A. Written order accompany detainee placed in SMU B. SMU reviews are conducted in a timely manner (3,7,14,30,60) C. Admin SMU detainees enjoy same privileges as general population A Acceptable De?cient At-Risk NA Not Applicable 1-0008 Attachment 5.U.S. orcemen an emova pera Ions j: and Customs Compliance Monitoring Tool ?kam?f Enforcement Facility Name: Month/Y ear: Fre PERFORMANCE MONITORING MEASURE Rating ?(waive Due Date Required I Comments D. Detainees in SMU have access to legal materials E. Detainees in SMU retain visiting privileges F. Maintain a permanent log regarding detainee related activities G. Written order accompany detainee placed in disciplinary SMU H. Detainees in disciplinary SMU have access to legal materials I. Detainees in disciplinary SMU retain visiting privileges J. Disciplinary SMU phone access limited to legal/consular calls Detainees in SMUs may shave and shower three times weekly and receive other basic services (laundry, hair care, barbering, clothing, bedding, linen) on the same basis as the general population The facility administrator (or designee) visits each SMU daily A health care provider visits every detainee in a SMU at least 3x week, and detainees are provided any medications prescribed for M. them Detainees in the SMU are Offered at least one hour Of recreation per day, scheduled at a reasonable time. Where cover is not provided to mitigate inclement weather, detainees N. are provided weather-appropriate equipment and attire When a detainee has been held in Admin Segregation for more than 30 days, the facility administrator noti?es the Field Of?ce Director, who noti?es the Deputy Assistant Director, DMD 16. Staff-Detainee Communication Housing unit rounds conducted daily by security staff Housing unit rounds conducted daily by Deportation Staff Detainee requests answered within 72 hours ICE SDC visit schedules are posted in housing unit Request forms are available to detainees mmpow> There is a secure box available for detainees to place requests in for A Acceptable De?cient At-Risk NA Not Applicable 1-0008 Attachment 5.B. QWM At? U.S. Immi ation Enforcement and Removal Operations and Compliance Monitoring Tool Enforcement 0/ Facility Name: Month/Y ear: Fre PERFORMANCE MONITORING MEASURE Rating Due Date Required I Comments ICE staff that is checked on a daily basis Unannounced ICE staff housing unit visits occur weekly Visiting staff observe, document and communicate current climate and conditions of con?nement 17. Tool Control Tool inventories conducted as speci?ed Tools marked and readily identi?able Procedures for issuance of tools to staff and detainees Inventory made Of all tools by contractors prior to enter and exit There is an individual who is responsible for developing a tool control procedure and an inspection system to insure accountability pow> A metal or plastic chit is taken in exchange for all tools issued, and when a tool is issued from a shadow board the receipt chit shall be visible on the shadow board Broken or worn out tools are surveyed and disposed of in an appropriate and secure manner .0 Department heads are responsible for implementing proper tool control procedures as described in the standard .1 18. Use of Physical Force and Restraints Policy governing immediate/calculated use Of force All use of force incidents documented and reviewed Video tapes of incidents preserved/catalogued for 2 1/2 Detainee is seen by medical immediately after incident Facility subscribes to prescribed confrontation avoidance procedures Staff trained in use Of force techniques Appropriate procedures in place for using 4 and/or 5 point restraints IQFWPOWP Medical staff consulted prior to deploying OC spray in calculated use A Acceptable De?cient At-Risk NA Not Applicable 1-0008 A?aChmentsB' . U.S. Immigration Enforcement and Removal Operations and Customs . . . ?o Compliance Monitoring Tool 224N090 Enforcement Name: Month/Y ear: 4, F'e PERFORMANCE MONITORING MEASURE Rating Adm" Required I Comments Due Date of force situations All electronic stun devices inventoried and used by facility must be approved by ICE National Firearms and Tactical Training Unit 19. Disciplinary System Rules Of conduct/sanctions provided in writing Incident reports investigated within 24 hours Disciplinary panel adjudicate infractions Disciplinary sanctions are in accordance with standards mpom> Staff representation available 20. Food Service Appropriate security measures for sharps are in place Appropriate food temperatures are maintained for both hot and cold food Food Service department maintained at a high level of sanitation Detainees receive safety and appropriate equipment training prior to beginning work in department A minimum Of two hot meals served daily Facility has a standard 35 day cycle menu A registered dietician conducts nutritional analysis All menu changes documented Common fare menu for authorized detainees F-FIQWWD .09] .39 Weekly inspections conducted and documented 21. Hunger Strikes Procedures for referring detainee to medical if verbally refused or Observed refusing to eat beyond 72 hours Staff receive training in identi?cation of hunger strike ow> Process for determining reason for hunger strike A Acceptable De?cient At-Risk NA Not Applicable 1-0008 Attachment 5.B. Enforcement and Removal Operations ekaTMK ?n U.S. Immigration and Customs Compliance Monitoring Tool ?New: Enforcement Facility Name: Month/Y ear: F'e PERFORMANCE MONITORING MEASURE Rating Adm" Due Date Required I Comments 22. Medical Care A. Intake process includes medical and mental health screening B. Sick call procedures established C. Adequate medical staff available proportionate to population D. Pharmaceuticals stored in a secure area All detainees receive physical examination/assessment within 14 E. days Of arrival Sick call slips available in English, Spanish and/or most prevalent F. second lang?ge The facility has a written plan for 24 hour emergency health care when no medical staff are on-duty or when immediate outside medical G. attention is required H. Medical records are available and transferred with the detainee l. Records are maintained of medication distribution J. All sharps are under strict control and accountability K. A sharps container is used to dispose of used sharps L. The medical department is maintained at a high level of sanitation 23. Personal Hygiene A. Clothing provided upon intake and exchanged weekly B. Sheets and towels exchanged weekly C. Climate appropriate clothing issued and maintained in good repair Facility provides and replenishes personal hygiene items as needed, D. at no cost to detainee E. Showers Operate between 100 degrees and 120 degrees F. Showers meet ADA standards and requirements G. Food Service detainee volunteers daily A Acceptable De?cient At-Risk NA Not Applicable 1-0008 A?aChment 5'3 U.S. Immigration Enforcement-and Removal Operations and Customs Compliance Monitoring Tool Enforcement Facility Name: Month/Y ear: F'e PERFORMANCE MONITORING MEASURE Rating Adm" Due Date Required I Comments 24. Suicide Prevention and Intervention The facility has a written suicide prevention and intervention program approved and signed by the health authority and facility administrator A. which is reviewed annually At Every new staff member receives suicide-prevention training. Suicide prevention training occurs during the employee orientation B. program and annually thereafter The facility has a designated and approved isolation room for C. evaluation and treatment Staff observes and documents the status of a suicide-watch detainee at least once every 15 minutes .0 25. Terminal Illness, Advanced Directives, and Death Detainees who are chronically or terminally ill are transferred to an appropriate Off-site facility The facility has written plans for addressing organ donations There is a policy addressing Do Not Resuscitate Orders Dow> The facility has written procedures detailing the proper noti?cations 26. Correspondence and Other Mail Incoming mail screened and delivered daily Outgoing mail screened for contraband Legal mail Opened in front of detainee Incoming funds processed properly Rules for correspondence and other mail posted in housing unit or common areas, and detainee handbook Facility has a system for detainees to purchase stamps SMU has same correspondence privileges as general population 27. Escorted Trips for Non-Medical Emergencies A Acceptable De?cient At-Risk NA Not Applicable 1-0008 A?aChmentsB' . U.S. Immigration Enforcement and Removal Operations and Customs . . . ?0 Compliance Monitoring Tool Rwy Enforcement Facility Name: Month/Y ear: 01f), F'e PERFORMANCE MONITORING MEASURE Rating Required I Comments Due Date The Field Of?ce Director considers and approves, on a case-by-case basis, trips to visit an immediate family member in accordance with A. standards 28. Marriage Requests A. Marriage written requests approved by FOD 29. Recreation Outdoor/indoor recreation is provided Access to recreation activities Staff conduct daily searches of recreation areas oow> In unit sedentary activities are available 30. Religious Practices Detainees are allowed to engage in religious services Authorized religious items are allowed in detainee possession 31. Telephone Access Upon intake, detainees are made aware Of phone policies Out of order phones reported to service provider Telephones inspected by staff Telephone access rules posted in each housing unit The number for the ICE OIG is posted in housing units The pro bono list is posted in housing units Emergency phone call messages delivered to detainees Special access calls are available to detainees r:@mmpow> Noti?cation of telephone monitoring posted by unit phones 32. Visitation Written visitation schedule posted and accessible to the public w> General visitation log book maintained A Acceptable De?cient At-Risk NA Not Applicable ICE.2012FOIA3030000458 1-0008 A?aChmentsB' . U.S. Immigration Enforcement and Removal Operations and Customs . . . ?0 Compliance Monitoring Tool 224N090 Enforcement Facility Name: Month/Y ear: 01,3), Fre PERFORMANCE MONITORING MEASURE Rating Required I Comments Due Date Visitor dress code enforced Visitation available 7 days a week Facility complies with visitation schedule Visitors are searched and identi?ed per standards Current list of Pro Bono services posted in detainee housing 33. Voluntary Work Program Facility has a voluntary work program Maintain a written chart with work assignments/classi?cation level Facility complies with work hour and pay requirements for detainees Detainees are medically screened to participate mcom> ammoo Detainees receive proper training and safety equipment Detainee housekeeping meets standards for neatness, cleanliness and sanitation 7" 34. Detainee Handbook Staff aware of handbook contents and follow procedures Available in both English and Spanish and/or second most prevalent language Handbook is updated as necessary com Orientation material available to illiterate detainees 35. Grievance System Grievance procedures in place Staff awareness of procedures for emergency grievances Grievance log is utilized pow> Staff forward any grievances that include staff misconduct to ICE Informal resolution to a detainee grievance documented in detention ?le 36. Law Libraries and Legal Material A Acceptable De?cient At-Risk NA Not Applicable 1-0008 A?aChmentsB' . U.S. Immigration Enforcement and Removal Operations and Customs . . . ?o Compliance Monitoring Tool 224N090 Enforcement Name: Month/Y ear: 4, F'e PERFORMANCE MONITORING MEASURE Rating Adm" Required I Comments Due Date Adequate equipment is available for detainees Legal materials/law library current and available for detainees Detainee access provided to include SMU Denials documented Schedule for use implemented 10 hours weekly per detainee Access to legal material within 24 hours of written request Indigent detainees provided free stamps/envelopes for legal matters 37. Legal Rights Group Presentations approved videos played for all incoming detainees Posters announcing presentation appear in common areas at least 48 hours prior to presentation Detainees in SMU receive separate presentation Facility ensures adequate presentations so all detainees wanting to attend have the opportunity 38. Detention Files Detention ?le created for each new arrival Detention ?les contain documents generated during custody .09? 9.0.00? Detention ?les maintained in a secure area 39. News Media Interviews and Tours The facility has a procedure to address news media interview and A. tours in accordance with NDS 40. Staff Training The facility conducts appropriate orientation, initial training, and A. annual training for all staff, contractors, and volunteers Staff training is conducted according to a regular schedule with suf?cient classes to maintain pre-service and in-service training hour B. compliance A Acceptable De?cient At-Risk NA Not Applicable ICE.2012FOIA3030000460 1-0008 Attachment 5.B. Enforcement and Removal Operations Compliance Monitoring Tool Facility Name: Month/Y ear: I/gif?aph . . U.S. . 03E owt; and Customs ?~32 to? Enforcement - 4. ?h ?3?33/ Fre uenc PERFORMANCE MONITORING MEASURE Rating AIDIRINA Corrective Action Required I Comments Due Date 41. Transfer of Detainees Detainee provided with detainee transfer noti?cation form Health records/transfer summary accompany detainee Funds and personal property accompany detainee Dow> A-File/work folder accompany detainee A Acceptable De?cient At-Risk NA Not Applicable . CBA WD - District 11993.txt . WAGE DETERMINATIONS TMENT OF THE SERVICE CONTRACT ACT . EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor WAGE AND HOUR DIVISION I . WASHINGTON D.C. 20210 - Wage Determination No.: 2011-0090 Diane C._Kop1ewsk1 - DiVTsion of Rev151on No.: 1 Director - wage-Determinations Date of Last Rev151on: 06/09/2011 State: New JerSey' Area: New Jersey County of Essex Empioyed on Department of Homeiand Security contract-for comphensive detention faC1111ty serv1ces between - Deianey Haii Education Centers and District 11993, Nationai Union of and Heaith Care Empioyees, AFSCME, 1, 2010 'throug October 31, 2013. NOTE: This soTe source wage determination was issued based on yOur e98 request. Piease note that a soie source wage determination is-oniy-appiicabie to contracts for which the contractor a state or Tocai government or other entity) is the on1y entity in the Tocaiity that can-perform the contracted-for services. Thus, for exampie, if a state or-Tocai'government contractor seiects a to - perfOrm'the services after a so1e sourCe wage-determination has been incorporated into a contract the contractor ceases to be the oniy entity that can' erform such services); then the sole soUrce wage determination is no ionger appiica ie to the contract, and the appropriate areaewide-wage_determination must be incorporated into the contract instead7Under Section of the Service Contract Act no em ioyees shaii be paid Tess .than the minimum wage specified by Section of Fair Labor Standards Act; $7.25 per hour,-effective Juiy 24, 2009. . - . UNIFORM ALLOWANCE Page 1 - CBA wD District 11993.txt If empiogees are required to wear uniforms in the performance of this contract (either the terms of the Government contract,_by the empioyer, by the state or iocai 1aw, etc.), the cost of furnishing such uniforms and maintaining (by 1aundering or dry cieaning) such uniforms is an expense that may not borne by an empioyee where such cost_reduces the houri rate beiow that required by the wage determination. The Department of Labor wii? accept payment in accordance with the foiiowing_standards as compiiance: . - - The contractor or subcontractor is required to furnish a11 empioyees with an adequate number of uniforms without cost or to reimburse emp1oyees for the actuai cost of the uniforms. In addition, where uniform cieaning and maintenance is made the of the emoioyee, a11 contractors.and subcontractors-subject to- this Wage determination shai (in the absence of a bona fide coiiective-bargaining agreement providing for a different amount, or the furnishing of contrary a firmative proof as to the actuai cost), reimburse a11 empioyees for such'cieaning and maintenance at a rate of $3.35 per week (or $.67 cents per day).- However, in those instances where the uniforms furnished are made of "wash and-wear" materiais, may be routineiy washed and dried with other'per50na1 garments, and do_ not require any speciai treatment such as dry cleaning, daiiy washing, Or commerc1a1 1aundering in order to meet the c1ean1iness or appearance standards set by the terms of the Government contract, by the contractOr, by iaw, or by the nature of the work, there is no requirement that empioyees be reimbursed for Uniform maintenance costs. The duties of empioyees_under job tities 1isted are those described in-theo "SerVice Contract_Act Directory of Occu ations", Fifth Edition, Aprii 2006, uniess otherwise indicated. Copies of't Directory are ava11ab1e on the Internet. A 1inks to the Directory may be found_0n the home page at gov/esa/whd/ or through Wage Determinations On?Line web site at . - - Page 2 - walk-"MW . canREGISTER OF WAGE DETERMINATION UNDER- U.S. DEPARTMENT OF LABOR . THE SERVICE CONTRACT ACT . - EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary - WAGE AND HOUR DIVISION 01: Labor - WASHINGTON D.C. 20210 - Wage DeterminatiOn No.: Diane KopTewski Division of .. Revision No.: 0 - Director - Wage Determinations Date of Last State: New'Jersey' ArEa: ESSEX Emp1oyed on Department of Home1and Security (DHS), U.S. Immigrations Customs Enforcement (ICE), Office of Acquis contract for Inter?Government Service Agreement.with Essex County Corrections for the safekeeping and subsistence of detainees in custody of U.S. ICE. Essex current has an IGSA with U.S. Marsha1s to house federa1 detainees. ICE is a_rider on that Agreement. ICE is entering into a-separate IGSA with Essex.. 'Co11ective Bargaining Agreement between contractor: Essex-County corrections, and County Superior Officers Assoc1ation-F0P __Loca1 Lodge 106, effective'I/l/ZOOS through 12/31/2007. In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, emp1oyees emp10yed by the contractorCs) in performing services covered by the.Co11ective Bargaining AgreementCs) are to be paid wage rates and fringe benefits set forth in the current co11ective bargaining- agreement and modified extension agreementCS)._ - . . - Page 1 CBA WD - 5_ OF WAGE DETERMINATION UNDER THE SERVICE CONTRACT ACT By direction of the Secretary of Labor - 'Division of Diane KopTewski - Wage Determinations Director. wo - 135w 1158.tXt mm? DEPARTMENT OF LABOR - EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 I Wage Determination No.: CBA-2011-4317 Revision No.: 0_ Date of LaSt Rev1sion: 6/21/2011_ State: New Jersey Area: ESSEX "EmpTOyed en Department of HomeTand Secu rity (DHS), U.s. Immigrations CuStoms Enforcement (ICE), office of Acquis contract for Inter-Government Service Agreement with Essex Coun -subsistence of detainees in custody of U.S. ICE. Essex current an IGSA with U.S. Marsha15 to hop that Agreement. ICE.1S entering 1 . C011ective Bargaining Agreement -Corrections,_and union: Internati Loca1 1158, effective 1/1/2008 th ty Corrections for the-safekeeping a?d as se is a rider on nto a separate IGSA with Essex. . etween contractor: Essex county ona1 Brotherhood of-ETectricaT Workers rough 12/31/2010. . In accordance with Section 2(a) and 4(c) of the Service Contract Act, as amended, emp10yees empToyed by th _covered by the C011ective Bargain rates_and fringe benefits set for _agreement and.modified extension contractor(s) in performing services ing to_be paid wage th in the current coTiective bargaining agreementCs). I - - - Page 1' CBA WD . - OF WAGE DETERMINATION UNDER . .. ravmuw??w w0'? U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary Diane Kop1ewski WAGE-AND HOUR DIVISION of Labor WASHINGTON o.c. 20210 Wage Determination No.? Division-of ReviSion No.: 0 . Director I - Wage Determinations Date.0f Last Revision: 6/21/2011 Area: .State: New Jersey Essex .Empio yed on Department of HomeIand Security (DHS), U.s. Immigrations Customs Enforcement (ICE), Office of Acquis_contract for Inter?Government _Service Agreement with_EsSex County Corrections for the-safekeepin and subsistence of detainees in custody of U.S. ICE. Essex current has- an IGSA with U.S. Marshals to house federai detainees. ICE is a rider on that Agreement. ICE is entering into a separate IGSA with Essex. C011ective Bargaining Agreement between contractor: Essex County" . corrections, and uniOn: Internationa1 Union of Operating Engineers Locai effective 1/1/2008 through 12/31/2010. . In accordance With Section_2(a) and the Service Contract Act, as 'amended, employees emp1oyed by the contractorCs) in performing services_ covered by the'Co11ective Bargaining AgreementCS) are to be paid wage -_rates and.fringe benefits set forth in the current coTiective bargaining agreement and modified extension agreement(s). 'Page 1 CBA wo REGISTER OF WAGE DETERMINATION UNDER. THE SERVICE CONTRACT ACT By direction of the Secretary of.Labor Division of .Diane Kop1ewski . wage Determinations Director_ State; New Jersey Area: ESSEX CBA wD PBA Loca1 382.tXt U.S. DEPARTMENT OF LABOR . EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON 20210 _Wage Determination No.: .Rev1sion No.: 0. - Date of Last Revision: 6/21/2011 '.Emp10yed on Department of Home1and Security (DHS), U.S. Immigrations/ Customs Enforcement (ICE), Office of Acquis contract for Inter-Government Serv1ce Agreement with Essex-County gsubsistence of detainees.in custody. an IGSA with U.S. Marsha15_to house that Agreement.-ICE is entering into a separate IGSA wi C011ective Bargaining Agreement between Contractor: Essex County Corrections Officers New Jersey State Local 382, effective 1/1/2006 through CorrectiOns, and union: . -. Po11ceman?s Benevoient Assoc1ation 12/31/2007. - In.accordance with SectiOn 2(a) and Corrections for the safekeeping and. of U.S. ICE. ~??-Essex current has federa1 detainees. ICE is a rider on th Essex._ Essex County. 4(c) of the Service Contract Act, as amended, emp1oyees emp]oyed by the contractor(s) in performing services covered by the Co11ect1ve Bargaining AgreementCs).are to be_pa1d wage rates and fringe benefits set .forth in the current coiiective bargaining -agreement and modified extension agreementCs). Page 1 Community Education Centers Delaney Hall Salary and Benefit Detail Ice Cost Submittal - 2011 Projected No. Pos Administration Staff Director - County Director - ICE Deputy Director - County Administrative Monitor Director of Human Resources Business Manager Asst. Business Manager Operations Staff Operations Supervisor Operations Counselors Director of Classification Asst Dir of Classification Classification Supervisor Director of Assessment Assessment Counselor Professional / Technical Staff Director of Treatment Senior Counselors Teacher IT Teacher Family Services Coordinator Physician Health Service Administrator RN LPN Medical Technician Medical Secretary Dental Technician Mid-Level Clerical / Maintenance Staff Receptionist / Mail Clerk Administrative Assistant Commissary Clerk Food Service Director Food Service Workers Maintenance Director Maintenance Worker Other Staff Ombudsman Overtime Total Staff FTE's (b)(7)(e) Full/Part Est Hrs FT FT FT FT FT FT FT Contract Contract Contract Contract Contract Contract Contract FT FT FT FT FT FT FT Contract Contract Contract Contract Contract Contract Contract FT FT FT FT PT PT FT FT FT FT FT PT PT Contract Contract Contract Contract Contract Contract Contract Contract Contract Contract Contract Contract Contract FT FT FT FT FT FT FT Contract Contract Contract Contract Contract Contract Contract FT N/A (b)(7)(e) (b)(7)(e) Gov/Cont Contract N/A SubTotal (Salary Costs): Health Insurance (All-In): FICA Benefits: Payroll Taxes: Retirement Program: Total Staff Salary Cost: ICE.2012FOIA3030000468 Essex County Department Of Corrections - Proposed Activities and/or Programs Type Location Proposed Schedule The outdoor exercise area will provide a Detainees will be allowed outdoor 2E3 and 2E4 - 128 detainees ldays a week Outdoor minimum of 1,500 square feet of exercise for 1.5 hours per day, twice Dorm 1 and Dorm 2 0:00 AM 0:15 AM 9:45 AM 11:00 AM 5:00 PM 6:15 PM Recreation unencumbered space for 100 or more weekly, weather permitting. Dorm 3 and Dorm 4 SEE OUTDOOR INDOOR REC SCHEDULE detainees that are expected to use the Dorm 5, Dorm 6 and Dorm 7 (attached separately) cnnro Win ?mn Detainees will have access to exercise Detainees will have access to 2E3 and 2E4 Housing Recreation - 6 Hours daily - 7 days a week - opportunities and equipment, including at exercise opportunities and . Up-gym?Sat 8. 30:: least one hour daily of physical exercise equipment, ten (10) hours per day for . . . . outside the cell when practicable. level 1, 2 and 3 detainees. Detainees Dorm Housing Recreation 12 Hours daily 7 days a week Indoor are also provided with the following Up Men Fri Recreation items for indoor recreational use: 8:00 AM 9:15 AM 9:45 AM 11:00 AM 5% PM 6:15 PM -Basket Balls Up Hours: SEE OUTDOOR INDOOR REC ?Volley Balls SCHEDULE (attached separately) -Soccer Balls ?Board Games Detainees will be able to receive visits ICE detainees will be provided with 2E3 and 2E4 Wed and Sun - 10:15 AM -1 :30 PM 2:30 PM - 5:45 PM Non-ContaCt from families, associates, legal visiting facilities and procedures to Dorm 10:15 AM -1:30 PM 2:30 PM - 5:45 PM ViSitS representatives, consular of?cials, and maintain communication with persons in rnmmiinitv in tho rnmmiinnv Written procedures shall detail the limits Written procedures will be created 2E3 and 2E4 Wed - Sun and conditions of contact visits in facilities detailing the policy of contact visits in Dorm 1:00 PM 4:00 PM 5 days a week permitting them. Ordinarily, within the the Essex County Correctional bounds of propriety, handshaking, Facility. Coma? embracing and kissing are permitted only V'S'ts at the beginning and end of the visit; however, staff may limit physical contact to minimize opportunities for contraband introduction and to otherwise maintain the Detainees will have opportunities to Detainees will have opportunities to 2E3 and 2E4 Thur 7:00 PM - 8:00 PM participate in practices of their religious participate in practices of their Sat 11:20 AM 12:30 PM faith that are deemed essential by that religious faith that are deemed . Sun 8:00 PM - 8:30 PM faith, limited only by a documented essential by that faith, limited only by Dorm Thur 7:00 PM 8:00 PM PraCt'CeS showing of threat to the safety of persons a documented showing of threat to Fri 12:15 PM - 12:45 PM involved in such activity itself, or disruption the safety of persons involved in such Sat 10:20 AM - 11:10 AM of order in the facility. activity itself, or disruption of order in Sun 8:30 AM 10:15 AM Legal Rights Detainees will have access to available Detainees will have access to 2E3 and 2E4 Tues 9:00 AM - 11:00 AM Thur 9:00 AM - 11:00 AM Group group presentations on United States available group presentations on Dorm Tues 9:00 AM - 11:00 AM Thur 9:00 AM - 11:00 AM Presentation Immigration law and procedures. States immigration law and mm Permits all detainees, regardless of All detaineses are permitted to use the 2E3 and 2E4 Daily housing or classi?cation, to use the law law library on a regular basis. Dorm 1 Mon 8:30 AM - 12:00 PM and Sat 3:30 PM 6:30 PM library on a regular basis. Dorm 2 Tue 8:30 AM - 12:00 PM and Fri 3:30 PM - 6:30 PM Law Libra,y Dorm 3 Wed 8:30 AM 12:00 PM and Thur 3:30 PM 6:30 PM Dorm 4 Thur 8:30 AM - 12:00 PM and Wed 3:30 PM - 6:30 PM Dorm 5 Fri 8:30 AM 12:00 PM and Tue 3:30 PM 6:30 PM Dorm 6 Sat 8:30 AM - 12:00 PM and Mon 3:30 PM - 6:30 PM A leisure library stocked with books, 2E3 and 2E4 Daily magazines, etc. in several languages. Dorm Mon 8:30 AM - 12:00 PM and Sat 3:30 PM - 6:30 PM for exclusive use by detainees will be Tue 8:30 AM 12:00 PM and Fri 3:30 PM 6:30 PM L9'5ure available. Wed 8:30 AM - 12:00 PM and Thur 3:30 PM 6:30 PM Library Thur 8:30 AM - 12:00 PM and Wed 3:30 PM - 6:30 PM Fri 8:30 AM - 12:00 PM and Tue 3:30 PM - 6:30 PM Sat 8:30 AM 12:00 PM and Mon 3:30 PM 6:30 PM "The information provided above is subject to change based on number of detainees and/or additional requests made by ICE. ILFUIW Wednesday Thursday Friday Saturday Sunday ch housing unit will receive 1.5 hours of outdoor 8:00 AM 9:30 AM A A tion. The days and proposed times are as follows: 9:30 ANI 11:00 AM A ednesday through Sunday (5 days) on a rotating weekly 2:30 PM - 4:00 PM A sis; Session 01: Session 02: Session 03: 8:00 ANI 9:30 AM Session 04: 9:30 ANI 11:00 AM [April 1st through September 30th due to daylight san?ngs 2:30 PM 4:00 PM . - se note that the schedule listed above is weather and ure conditions permitting. 8:00 AM 9:30 AM 9:30 ANI 11:00 AM 2:30 PM 4:00 PM Week 4 Wednesday Thursday Friday Saturday Sunday 8:00 AM 9:30 AM A 9:30 A 2:30 PM 4:00 PM A L'p-gym schedule is based on a 7 a week 8:00 AM 9:30 AM hedule. 1? I days and times are as follows: 9'30 11.00 Sunday through Saturday (7 days): 2:30 PM - 4:00 PM Session 01: 6:00 PM - 7:30 PM Session 02: 11:00:131 Session 03: Session 04: Dorm 1, 2 and 3 B?Dorm4 5 6and7 2B3 2B4 and 2C3 2C4, 2133 and 2E4 ICE.2012FOIA3030000470 Codification Essex County I Corrections Page 1 or 11 Poiy ile Prisoner Intake/Discharge N.J.A.C. 10A231-1 et. seq. Enabling Authority: I Effective Date: Revised: Authority: - February I, 2007 September 2010 N.J.A.C. 21~8' N.C.C.H.C. Promulgating Office: Professional Association Bureau. of Training and Professional Development Standard Cited: Policy and Planning Unit Applicability: Review Schedule: All Personnel I September 2011 Any Order, Policy, Directive or Memoranda in conflict with this Order is hereby superseded: Signature Reviewed and Approved By: Associate Warden - Issued By: Warden Signature Date Authorized By: Associate Director Director Signature Signature Date II. Policy Title:- Page 2 of 11 Effective Date: Prisoner Intake/Discharge February 1, 2007 PURPOSE This Policy Statement establishes procedural guidelines for the management of prisoner admissions to and discharges from. the correctional facility. POLICY It shall be the policy of the Department of Corrections to accept all persons lawfully committed to the custody of the Department of Corrections; however, persons with evident medical or problems, including intoxication, must be accompanied by current documentation, signed by a physician, declaring such persons suitable for admission to the Essex County Correctional Facility. IFur'ther, all persons presented for admission to the Essex County Correctional Facility shall be accompanied by a proper commitment document, signed by a Judge, Magistrate, or a Municipal Court Administrator, which shall include a bail. In addition, the Department of Corrections reserves the right to limit the amount of personal property to be accepted, for safekeeping, with persons presented for admission to the correctional facility. Bulk prOperty shall be deemed unacceptable and shall remain in the custody of the arresting authority. Discharges, releases and transfers from Department of Corrections custody will occur only with .. and (19911.11? eeiningmagen eui-esewan-duarp enve - proper criminal history checks and identification protocols. DEFINITIONS - The following Words and terms, when used in this directive, shall have the following meanings I unless the context clearly indicates otherwise: Body Orifice Scanning System (B.O.S.S Chair): A non?intrusive scanning system designed to detect small weapons or contraband metal objects concealed in oral, anal, or vaginal cavities. COmmitment: Any person lawfully presented to the Department of Corrections for detention. ComimtmentPapers: A warrant or formal authorization to hold an inmate for prosecution or detention by a Federal, State or local law enforcement agency or the US. Department of Homeland Security. Detainertsl: Legal and valid law enforcement or Court documents which may hold and detain a defendant and may include but not be limited to: 1. Municipal charges for which there has been no legal action to date. Adjudicated criminal charges for which sentence has been imposed. PS.CLS.006 Page 3 of 11 Effective Date: February 1, 2007 Policy Title: Prisoner Intake/Discharge 3. Criminal charges resulting from indictment for which there is no final disposition (Open charges). I 4. Warrants for violation of parole or probation. 5. Immigration Detainers. Discharges: The lawful and legal release of the defendant to the community, municipal police department, Sheriff ?5 Office or other local State or Federal jurisdiction upon presentation of legal and valid transfer documents or receipt of requisite ball or Court Order. Management Information Systems (MIS) Admission/Discharge Manual: The document describes :i the step?by-step process to enter all admissions, movements and discharges into the County Correctional Information System (CCIS) and through the electronic interface into the D81 System. Victim Notification Form: The document completed by the victim requesting notification ofa defendant?s release or change-of?status and received from the municipal police department at the time of admission to the Essex County Correctional Facility IV. PROCEDURES These procedures are divided into six (6) broad categories including: 1. Security and Control 2. Intake Reception - a) Pre?booking b) Sheriff?s Office Identification "R's-ma" rm 'sha-irrgor?ce 3. Admission/Booking Process 4. Records and Classification 5. Center Count Control Discharge Process 1. Security and Control a) General: The Intake Control Officer shall monitor and maintain surveillance and security of the Intake Yard and the Intake Reception Area; and, with proper authorization, control access to and egress from the Intake Reception Area. Upon the arrival of law enforcement officers at Intake Control, the Intake Control Officer shall ascertain the nature of the visit and so advise the appropriate law enforcement agency, Department of Corrections (DOC), Essex County Sheriff?s Department (ECSD), or Newark Police Department (NPD), etc. Further, the Intake Control Officer shall direct visiting law enforcement officers as to where to park their vehicles, to secure their weapons, and when it is appropriate to remove prisoners from their vehicles. Policy Title: Prisoner Intake/Discharge PS.CLS.006 Page 4 of 11 Effective Date: February 1, 2007 Meanwhile, the Intake Control Officer will obtain verbal authorization, from the agency to be visited, to permit the visiting law enforcement officers and their prisoners to enter the facility. With the appropriate authorization, the Intake Control Officer shall then direct the visiting law enforcement officers and their prisoners to enter the facility. Equally, as law enforcement officers seek to exit the facility, with or without prisoners, the Intake Control Officer will obtain verbal authorization, to include the number of prisoners, where applicable, from the visiting agency, as well as ensuring that the Intake Yard is secure, prior to granting egress. Where prisoners are being brought out of the facility, the Intake Control. Officer shall ensure that'all prisoners have been secured in the police vehicle, prior to allowing law enforcement officers to retrieve their weapons. b) Intake Reception Security Officer: The Intake Reception Security Officer shall: 1) Maintain communication with the Intake Reception Officer; 2) Preserve the security of the Intake Reception area; 3) Search and secure prisoner holding cells both before and after each usage; 4) Meet arriving law enforcement officers and their prisoners at the Entrance . . Saul/Dori. . .. -. -. a MUD-irectthenlaw enforcement officer to uncuff his/her prisoners, one at a time, and to produce that prisoners commitment papers and personal property; 6) Pat?frisk the prisoner and direct the law enforcement officer to present the prisoner, commitment document(s) and the prisoner?s personal property to the Intake Reception Officer; 7) Secure and monitor prisoners in holding cells to await the Sheriff?s LD. process and or transfer to Booking; and 8) Transfer prisoners, commitment documents and personal preperty to the Booking area. . 0) Booking Area Security Officer: The Booking Area Security Officer shall: 1) Maintain communication with the Bookng Officer; 2) Preserve the security of the Booking area; 3) Search and secure inmate waiting/holding areas before and after each usage; 4) Supervise inmate activities; I 5) Conduct a thorough search of individual inmates; 6) Ensure that all newly admitted inmates receive an intake shower and use Rid shampoo to prevent the spread of communicable diseases. Newly admitted inmates shall shower in an inconspicuous area with an obstructed view; . 7) Observe and document, in writing, any evidence of: a) Notable body markings such as ?tattoos;? 2. Policy Title: Prisoner Intake/Discharge Page 5 of 11 Effective Date: February 1, 2007 b) Body vermin or disease; 0) Open-sores, visible wounds, scars, injuries, casts, braces, proSthesis or other devices; and d) Advises Classification and or Medical Departments of such observations. Newly admitted inmates may be subjected to a strip search or body cavity search only in accordance with the conditions set forth in N.I.A.C. lOA:3l? 8. Intake Reception 3) Pie-booking Process: The Intake Pie?booking Officer shall maintain an open line of communication with the Intake Control Officer toward facilitating the flow of law enforcement and prisoner traffic into and out of the facility and to preserve the integrity of overall security. Once alerted by the Intake Control Officer, to the presence of law enforcement with arrestees for presentation at the facility, the Intake Pre-booking Officer shall ensure that Intake Security Officers are available to receive the law enforcement officers and their prisoners, before authorizing the Intake Control Officer to allow access into the facility. of a prisoner for admission to the correctional facility, the Intake Pre?booking Officer shall: 1) 2) Direct the prisoner(s) to remove any metal objects he/she has in his/her possession and pass through the metal detector. If the alarm. sounds, the officers shall ask the prisoner if any additional metal objects were not removed, if so, have the objects removed and have the prisoner pass through the metal detector again. If the alarm sounds again, the prisoner shall be returned to the arresting authority for remedial action After successfully clearing the walk through metal detector, the officer shall direct the prisoner to the B.O.S.S chair for further screening. The prisoner being screened should first place their chin on or near the upper surface of the oral sensor. After the prisoner?s mouth is scanned he or she shall. be directed to sit in the chair. The correct seating position is with the base of the back against the backrest. When the prisoner sits in the chair their lower cavity(s) and rear stomach regions are non?intrusiver scanned by very low intensity magnetic fields and their mouth is scanned in a similar manner. A prisoner?s feet can be scanned one at a time. The foot must be placed firmly on the rubber strip with the toes positioned against the backstOp. The foot must then he slid back down the strip in a backward direction. When metal is detected, visual and audible alarms are activated. An alarm activates when a person carrying a concealed metal object moves within range of the detection field. The alarm remains continuously activated until the object is Policy Title10) 11) Prisoner Intake/Discharge IPS.CLS.006 Page 6 of 11 Effective Date: February 1, 2007 moved out of the field. When an alarm is activated the appropriate LED flashes and an audible tone is generated. If the chair alarm goes off, an inquiry must be addressed to the inmate to ascertain if the prisoner has any medical metal limbs (pins, limbs, staples, etc). If the prisoner states he or she does, the prisoner shall be secured in a holding area, and a supervisor notified along with the Medical Department. If the prisoner states lie/she does not then the prisoner shall be secured in a holding area and a supervisor shall be notified for further investigation. Carefully review the commitment document(s) for validity and completeness; . Verify that the Victim Notification Form is received with the commitment documents (when required by Statute), and is legible and completed-in its entirety. Ensure the inmate?s medical records and medical transfer summaries are available for mediCal review for all intra?system' transfer prisoners, then. forward to main Medical for screening and review. . If the commitment documents and Victim Notification Form is not available or incomplete, the defendant will not be admitted, and will be returned to the officers from the municipality or jurisdiction of arrest. Direct the prisoner to state his/her name and age. Ascertain whether the prisoner knows his/her charge(s) and bail information; if not, advise the prisoner of same. a) Any bleeding; b) Any shortness of breath; c) Any significant pain (chest pain, abdominal pain, or other pain); (1) Any burns; 6) Any injuries; f) Any seizuresthe officer?s opinion, a prisoner has a medical problem that warrants immediate medical attention any of the above signs, or complaints), a medical officer shall be summoned to provide an immediate medical assessment of the prisoner and to determine whether the prisoner is fit for admission to the correctional facility, or if the prisoner should be immediately referred to an outside medical facility for further evaluation and or treatment, or returned to the custody of the arresting agency. The medical officer?s decision shall be binding! Verify and reconcile the prisoner?s personal property, in his or her presence, with the arresting authority. NOTE: the DOC. will not accept bulk property. Enter the defendant?s name, date of birth, etc. into the D81 Pre?bookin system. B. ob insurer? WV 99% mv?u-agww wigs. (A, Policy Title: Prisoner Intake/Discharge PS.CLS.006 Page 7 of 11 Effective Date: February 1, 2007 12) Refer the defendant to the Essex County Sheriff?s Department with commitment documents for identification/photo ID. and wristbands, and enter referral transaction into DSI Pie?booking System. 13) Add defendants to the Essex County Correctional Facility?s Pre?booking count. . 14) Maintain Pro?booking Count. Sheriff?s Officer (ECSD) Identification Processing: 13) . 1) The Essex County Sheriff?s Department will fingerprint, via live scan, and search their defendant database to determine any prior commitments. 2) The Essex County Sheriff ?3 Department will determine the defendant?s true - identity, via New Jersey State Police, and provide the defendant?s unique State Bureau of identification number (SBI number). 3) The Essex County Sheriff?s Department will photo the defendant, enter it into their photo ID. System and produce the photo ID. number for this commitment. 4) The Essex County Sheriff?s Department will generate the wristband, which will include the name, photo, photo I.D., SBI number and apprOpriate bar code. 5) The defendant will then be returned to the Essex County Correctional Facility Pre-booking area with appropriate charging/admission. documents. REM from .. 'T'Upon receipt of the defendant and commitment documents from? Sheriff?s ID. Office, the Intake Pro-booking Officer will do the following: 1) Enter defendant?s return entry into the D81 Pro-booking System. 2) Verify SBI number, Photo ID. number, and photo on the wristband with inmate in person. If an error is identified, the officer is to refer the defendant back to the Essex County Sheriff?s Department for a valid Photo ID. number and/or a correct photo. 3) Create a CCIS Record, entering the critical 1D. data name, Photo I.D., SBI number, date of birth) and admission date, etc. into the CCIS System (refer to Admission/Discharge Manual). 4) Verify critical I.D. data name, date of birth, SBI number, Photo I.D., etc.) both in CCIS AND DSI System and on the wristband with inmate in person. Identify any screen?scrape problems, and if any exist, report these to the MIS Custody Liaison. 5) Interview defendant and continue the admissions/booking process including charges, detainers, warrants, bails, etc. Complete Part of the CCIS Prisoner Reception and Evaluation Report. 6) Transfer defendant from the Pie-booking area and move to the Intake area and the CCIS Count. 7) Delete defendant from DSI Pie-booking System and Pre?bookin Count.- NOTE: Second Chance cases and Weekenders are processed in pie?booking and the CCIS, but released to a ?Second Chance? housing location. Policy Title: Prisoner Intake/Discharge PS.CLS.006 Page 8 of 11 . . Effective Date: February 1, 2007 3. Admissions/Booking Process a) Booking Officer . Upon receipt of the defendant and commitment documents into the Booking Area, the Booking Officer will do the following: 1) Enter defendants on CCIS Intake Count. 2) Verify inmate?s SBI number, Photo ID. number and photo ID. number on the wristband with-the inmate in person and with both the CCIS and DSI Systems respectively. If an error is identified, the officer is to refer the defendant back to the Essex County Sheriff?s Department for a valid photo ID. number and/or a correct photo. 3) Receive all commitment documents for newly admitted inmates from Pre- booking. Verify their correctness on the CCIS. 4) Review the commitment document(s) for each inmate and the Inmate Management System and D81 System respectively. 5) Ascertain that all charges and identifiers have been prOperly documented in the CCIS Inmate Management System record and the D81 System reSpectively. 6) Interview the inmate and complete ?Part of the Prisoner Reception Evaluation mg Booking Mort on the CCIS System. 7) Complete the inmate?s record in the Inmate Management System; and confirm data. - 8). - . .EDEIW. the. 117.113.6133. 39 for-iniihefaci into DSI. Refer all screen-scraping errors to the MIS Custody Liaison. 9) Maintain the Intake facility count. b) Intake Preperty Officer The Intake Property Officer shallthe presence of the inmate, inventory: a) Search all inmate property upon receipt b) The inmate?s personal property and enter into the D81 System c) The inmate?s clothing and enter into the D81 System. d) The inmate?s currency and enter into the D81 System. Provide the inmate With receipts for all property and money being held for safekeeping. Safeguard all inmate preperty until it has been reconciled and deposited with the Inmate Property Custodian. Turn over any medications confiscated from inmates to the medical officer on duty. Issue each newly admitted inmate the following items: a) Underwear b) An inmate uniform c) A pair of inmate footwear d) Inmate/Disciplinary Handbook Policy Title: 4) Prisoner Intake/Discharge d) PS.CLS.006 Page 9 of 11 Effective Date: February 1, 2007 e) ?Care? package 6) Have the inmate to sign an acknowledgement for the receipt and condition of the issued items. 7) Document the inmate?s property transactions in the DSI Management System. 8) Officers shall search all inmate property in prOperty bags prior to issuing to prisoners. Referral for Medical Evaluation Upon completion of the collection and recording of personal property and resources, the defendant shall shower in an inconspicuous area with an obstructed view, receive institutional clothing and referral to the Medical Department for a nurse intake assessment. Following the nursing assessment, a complete history and physical examination is done. Upon completion of the medical review, the offender will be placed in quarantine pending review of the defendant?s record by the Classification Office and assignment of the apprOpriate custody level. Entry on Order?To-Produce (OTP) List Those?defeiidiants seen the-followmg Court day must be entered into the automated List. These cases include C.J.P., Non-Support and Enforcement Court. All C.J.P. Admission Packages received from the Municipal Police Department for Inmates must be kept in a secure area pending transport to the Essex County Courts Building. - Records and Classification The Classification Officer shall: a) b) c) 6) Take custody of all commitment documents for each newly admitted inmate. Establish a ?Classification Records? file for each newly admitted inmate. Ensure that each newly admitted inmate receives a Medical Intake Screen, prior to leaving the Intake area. Ensure that each newly admitted inmate views the Essex County Correctional Facility?s ?Inmate Orientation Video? or receives alternate Inmate Orientation Information, as appropriate, and receives a copy of the Essex County Correctional Facility Inmate Rules and Regulations, and signs acknowledgements for same. Conduct an initial Classification interview for each newly admitted inmate including: Policy Title: Effective Date: Prisoner Intake/Discharge February 1: 2007 Page 10 0f 11 l) A complete Cl IS criminal history review will be completed on each defendant including: a) b) NCIC c) CCH (NJ. Rap Sheet) d) OB CIS e) ACS Automated Complaint System ATS Automated Traffic System The Single Entry Transaction (SET) Program is available to search items ?a d? with one inquiry. f) Review detainer, warrant, and open charges g) Interview inmate on housing unit. 11) Complete CCIS objective classification screen instrument. i) Determine custody level assignment by Classification Committee. . j) Overrides require supervisor signature. k) Conduct a preliminary ?Risk Assessment Screen? for each newly admitted inmate. l) Assign each newly admitted inmate to appropriate housing. m) Forward all Classification Records to the Records Unit. n) Advise Center Count Control of custody level. .. . a) Generate Housing Rosters and Count?s Reports of CCIS twice per shift. Distribute roster to housing unit?s Intakes. c) Review roster and physical count with CCIS and computer counts. d) Reconcile count discrepancy and balance count for each housin unit, Intake and institutional totals. e) Distribute report and close counts. Reconcile DSI with CCIS count. 6) Discharge Process a) Releases to the community (bail, ROR, Court Order, etc.) 1) Review all Court and legal documents to ensure there are no legal impediments to releases. 2) Complete CCIS, CCH, CIC, ACS and ATS. Verify prisoner background check prior to release. 3) Collect County clothes, return property and personal items prior to release of individual, and 'sign final receipt and entry into DSI System. 4) Issue a check for the balance of money from the Trust Account for the offender; include a signed receipt into the D81. Policy Title: Prisoner Intake/Discharge b) PS.CLS.006 Page 11 of 11 Effective Date: February 1, 2007 Positively identify the offender prior to release by biometric fingerprint scan of the offender, comparing it to the photo on the wristband prior to release and removal of the wristband. 6) Locate the Victim Notification Form (if? applicable) and contact/phone the victim to advise them of the pending release of the defendant. If there is no answer or no contact, calls should be made repeatedly until contact is made. If no contact is made for 2 hours, contact the Municipal Police Department where the initial arrest was made to inform them to notify the victim of the defendants release. All attempts of notification and notification itself must be recorded on the Victim Notification Form, and faxed to the County Prosecutor?s Office. 7) 5 Enter the discharge transaction into CCIS at the time of release and screen scrape into D81. 8) Balance the count of the discharge unit (transportation) twice per shift and maintained continuously through each shift. Releases to other custody/jurisdictions (Municipal, State DOC, Federal or out?of- state). 1) Review all Court and legal documents to ensure there are no legal impediments to releases. 2) Complete CCIS, CCH, NCIC, Ill, ACS and ATS. Verify prisoner background checkprivr .. .. .. . . (in-?CCIS?Transportation and Discharge Count (screen scrape to D81). 4) Place offender in Intake transportation. 5) Property turned over to receiving jurisdiction. 6) Generate a-check from DSI and give to inmate or receiving jurisdiction at the time of release. NOTE: A check for the transfer of all State Inmates will be provided to CRAF subsequent to transfer. 7) Release to other receiving jurisdiction. 8) Enter discharge into CCIS (screen scrape to D81). 9) Balance counts twice per shift. Essex County Correctional Facility Current Prisoner Programs Upon completion of IGSA, the programs listed below would be expanded and available to include I.C.E. detainees. ? Leisure Activities: o Various leisure activities can be utilized at various times throughout the day and early evening. Leisure activities include checkers, chess, bingo, dominos, scrabble, monopoly, cards, etc. ? Religious Services: o Detainees who identify with a particular faith/religion will have designated times for religious services and worship. ? Educational Service: o Educational programs to the inmate population will include: ? Basic Skills Remediation ? G.E.D. - preparation and testing ? G.E.D. certificates are given after testing ? P.A.T.C.H.: o P.A.T.C.H. (Parents and Their Children) for both female and male. It's a program that offers services that will lessen the pain of separation, stop intergenerational criminal paths and give each child a sense of worth, dignity and coping skills. ? Life Skills: o Life Skills is available for both male and female inmates. The Essex County Correctional Facility offers offenders life-skills classes and programs aimed at growth and teaching the skills necessary to promote personal change o This program is about restructuring, rethinking, and skill building to reduce recidivism. o This course is an in-depth cognitive restructuring class that introduces the concept of thinking errors and motivates personal change. ICE.2012FOIA3030000482 Essex County Correctional Facility Current Prisoner Programs ? Re-Entry Post-Release Program: o The purpose of this program is to help stop the cycle of crime through offender rehabilitation by providing a variety of interventions and support services. The goal is to promote individuals responsibility through housing, education, employment, and counseling. o Under the re-entry program we provide: ? Case management ? Individuals and group counseling ? Referrals and Assistance (Detoxification, Substance Abuse treatment, long/short term and counseling. ? Anger Management/Substance Abuse: o Provides group counseling/individual counseling for those sick and suffering from the disease of addiction and anger. Help inmates to identify with the symptoms of substance abuse/ inmates are given a clinical assessment to determine what type of treatment is suitable for them. Go through the 12 steps, Inmates also obtain certification upon completion of each course. o Anger Management Phase ? Phase I helps offenders recognize problem situations and the types of thoughts and feelings that lead to problematic anger. During this course, the offender will focus on developing the cognitive and behavior skills that enable them to maintain control. o Anger Management Phase II - Pulling Punches ? The Phase II curriculum is for "Rage Management." It is designed to reveal how anger has controlled the offender through past trauma and how they can learn healthy conflict resolution. ICE.2012FOIA3030000483 Codification Essex County PS.ICE.001 Corrections Page 1 of4 Policy Title: Enabling Authority: Essex ormty onectional Facility ICE Unit NJAC 10Az31-1 et. seq. Effective Date: Revised: Authority: March 25, 2011 NJAC 10A Promulgating Office: Professional Association Biu'eau of Training and Professional Development Standard Cited: Policy and Plainiing Unit ALL (1-41) Applicability: Review Schedule: All Personnel March 2012 Any Order, Policy, Directive or Memoranda in con?ict with this Order is hereby superseded. Reviewed and Approved By: Associate Warden Signature Issued By: Warden Signature Date Authorized By: Associate Director Director Signature Signature ICE.2012FOIA3030000484 Policy Title: Essex County Correctional Facility ICE Unit II. PS.ICE.001 Page 2 of 4 Effective Date: March 25, 2011 PURPOSE The prupose of this policy is to ensure proper monitoring of all standards and agreements in regard to the Essex ormty Correctional Facility ICE Unit (EC ICE Unit). POLICY It is the policy of Essex County Correctional Facility to provide a Quality Assru?ance Program and to ensure that all policies are followed in compliance with the required standards and contractual agreements. This monitoring will be accomplished through the implementation of the Self Monitoring Tool and a corrective Quality Assru'ance Plan that ensures all noted de?ciencies are remedied in an expedient manner. DEFINITIONS Performance Based National Detention Standards. These refer to the 41 performance based standards that ICE requires for a contracting agency to be in compliance with for their standard of care. gzuali? Assurance Action Plan A correction action plan that identi?es ?ndings of de?ciency and the actions necessary to bring that area of de?ciency into compliance within a target time frame. Self Monitoring Tool An audit instrument designed to measure performance outcomes related to the Facility operations in speci?c areas of Safety, Security, Order, Care, Activities, Justice, Administration and management. These areas are inspected on a designated daily, weekly, and quarterly schedule. PROCEDURES The facility has established an internal system for assessing the achievement of goals and objectives. As necessary corrective action is taken to remedy any de?ciencies noted. The Facility Administrator is responsible to facilitate and provide the appropriate resources necessary for the total commitment to the Quality Assurance Program. A. Implementation, Reporting and Control The EC ICE Unit Quality Assurance Program is structured to examine each major ?mctional area of facility of operations. The facility will be required to comply with all monitoring assessments. 1. Weekly Walk Through a. Department Heads conduct a weekly walk through of all living and activity areas to enhance staff detainee communications, observe living conditions as well as encoru?age informal resolution of detainee concerns. b. Any de?ciencies noted dru?ing the weekly walk through are forwarded to the appropriate department and/or shift supervisors for corrective action. c. During the Visits, staff are able to answer questions, identify issues and provide resolutions. 2. Quality Assurance Program and Self Monitoring Tool a. The Administrative Monitor will manage and oversee the implementation, organization, data collection and interpretation of all audits, schedules and reports involved in the Quality Assurance Program (QAP). ICE2012FOIA3030000485 Policy Title: Effective Date: PS.ICE.001 Page 3 of 4 Essex County Correctional Facility March 25, 2011 ICE Unit b. All performance measures of the QAP are identi?ed in the QAP Self Monitoring Tool. The QAP de?nes what areas are audited daily, weekly, or Quarterly. This schedule is the basis for the frequency, documentation and interpretation of the individual audits. c. All audits are conducted enabling the Facility Administrator and other involved Department Heads to closely examine and fmalize the ?ndings and corrective action prior to the end of the month. (1. The QC Self Monitoring Tool follows a daily, weekly, or quarterly schedule covering Safety, Secm?ity, Order, Care, Activities, Justice, Administration and Management. Findings of non-compliance or partial compliance are forwarded to the department heads and Facility Administrator following the Administrative Monitor?s review. Each department head is responsible to submit a corrective action plan to the Administrative Monitor detailing what steps will be taken to correct the de?ciency, personnel that will be responsible for completing the corrective task and the target date for completion. 3. Quality Assurance Action Plan a. A Quality Assru?ance Action Plan will be completed for de?ciency ?ndings for all audits or inspections wheter they are internal or external. b. The Quality Assru?ance Action Plan will state the noted de?ciency, the steps that will be taken to correct the de?ciency, the personnel responsible for that corrective action as well as the target date for completion. The Administrative Monitor will also note the actual date of completion. c. The Administrative Monitor shall develop a comprehensive Quality Assm'ance Plan (QAP). This will be reviewed by the Facility Administrator. (1. The Administrative Monitor will ensure that all Quality Assru'ance Action Plans are completed in a timely manner and that all corrective remedies are in place as stated. e. A copy of the Quality Assru?ance Action Plan will also be forwarded to the Secru'e Facilities Division Deputy Director and/or Regional Director. 4. Daily ICE Monitor Visits a. The Administrator shall ensure that daily visits to areas of the facility are made to wane the facility is in compliance with the and EC DOC Policy and Procedures. b. The Facility Administrator and Administrative Monitor meet daily to discuss identi?ed de?ciencies and other issues that might have an effect on the operations of the facility. 5. Quality Assurance Meetings a. Quality Assru'ance Program meetings will be held between the EC ICE Unit management team, the Administrator and/or ICE representatives in order to discuss the fmdings of audits conducted since the last meeting. Additionally all attendees will review the forty-one (41) Performance Based National Detention Standards required by ICE. b. Each standard will be reviewed and all parties in attendance have the opportunity to discuss any issues they may have encormtered concerning a particular standard. Policy Title: Essex County Correctional Facility ICE Unit C. Effective Date: PS.ICE.001 25, 2011 are Page 4 of4 Standards are discussed to ensure that everyone has the same interpretation of the standard and to state what problem(s) they may have had during the period between meetings. The meeting will be documented through either the use of ?minutes? and/or an attendance roster that shall be maintained inde?nitely. ECCC Q & A Final - Regarding ECCC Activities and Programs Schedule 1. RECREATION a. Outdoor Recreation i. Q: What will the size of the outdoor recreation space be in square feet? A: The anticipated size of the outdoor recreation space will be 10,000 square feet. ii. Q: Where is the space? A: The space will be located adjacent to the west wall of Building 5. **PLEASE SEE ATTACHED: OUTDOOR RECREATION LOCATION** iii. Q: When will the outside recreation yard selected be completed? A: Once the IGSA is in place. At that time the ECCF will contract agreements with vendor/s. This is to ensure that the ECCF complies with New Jersey State Government purchase laws. iv. Q: What are the proposed hours, per session, 1.5 or 1.25 hours? A: The proposed hours per session are 1.5 hours per each scheduled day. v. Q: Can you clarify the breakdown of the number of hours each housing area will receive, and the days and proposed times for each housing area? A: Each housing unit will receive 1.5 hours of outdoor recreation. The days and proposed times are as follows: Wednesday through Sunday (5 days) on a rotating weekly basis: -Session 01: 8:00AM - 9:30AM -Session 02: 9:30AM - 11:00AM -Session 03: 2:30PM - 4:00PM -Session 04: 6:00PM - 7:30PM [April 1st through September 30th due to daylight savings time]. Please note that the schedule listed above is weather and secure conditions permitting. **PLEASE SEE ATTACHED: OUTDOOR RECREATION SCHEDULE** b. Indoor Recreation i. Q: Please explain whether or not 2E3 & 2E4 have courtyard-like recreation. A: Yes, 2E3 and 2E4 have a courtyard recreation area which is currently located adjacent to the existing living quarters. ii. Q: How many TVs are there per housing area? A: Each Dorm currently has 2 TVs; 2E3 and 2E4 have one (01) each. 1. Q: Are there headphones available for the TVs? A: NO, there are not any headphones available for the TVs. iii. Q: Are 2E3s and 2E4s for level 3s? A: Yes, 2E3s and 2E4s are for level 3s, but not exclusively. 1. Q: What is your program mixing policy relative to detainee classification? A: The Essex County Correctional Facility complies with the standards set-forth where level 1s and level 3s will NOT mix/comingle. iv. Q: Please specify the amount of time each housing area gets in the "Up-gym" and in the housing (common area) and housing courtyard recreation. A: Each housing area will receive 1.5 hours of Up-gym recreation daily. Housing common area and housing courtyard recreation will be twelve (12) hours daily. v. Q: Up-gym: Is it possible to arrange the schedule in a way that allows each housing area to get one session in the "Up-gym" each day, 7 x a week? A: The Up-gym schedule was revised (see attached) and is now based on a 7 x a week schedule. The days and times are as follows: 1 ICE.2012FOIA3030000488 ECCC Q & A Final - Regarding ECCC Activities and Programs Schedule Sunday through Saturday (7 days): -Session 01: 8:00AM - 9:30AM -Session 02: 9:30AM - 11:00AM -Session 03: 2:30PM - 4:00PM -Session 04: 6:00PM - 7:30PM **PLEASE SEE ATTACHED: UP-GYM RECREATION SCHEDULE** c. Q: Please specify the equipment that will be made available in the outdoor recreation area, the housing area common areas, the "Up-gym," and the courtyard recreation areas of each housing area. A: The equipment and/or items that will be made available in the outdoor recreation area are: basketball court, soccer goal net, volleyball net and aerobic station. The housing area common areas will have the following items available for recreation: various board games (checkers, chess, monopoly, etc.) and playing cards. The Up-gym will have the following available: basketball court, as required, volleyball net and aerobic station. The courtyard recreation areas of each housing unit will have the following available: basketball court and aerobic station. 2. VISITATION a. Q: Will you be allowing for visits on holidays? A: Yes, the Essex County Correctional Facility will be allowing visits on holidays unless the holiday is on a Monday or Tuesday. b. Q: If I am a detainee, how many hours of visitation am I going to receive (be allowed), and when will those hours happen? (Contact/Non-Contact) (i.e. days, hours, number of hours allowed per detainee each week). A: Detainees will be allowed 7.5 hours of visitation per week. Visitation (Contact/Non-Contact) will take place on Wednesdays thru and including Sundays (5 days per week). i. Q: How much time per visit? A: All detainees will receive (be allowed) one (01) hour of Contact Visitation; thirty (30) minutes of Non-Contact visitation per day, 5 days per week (Wednesday thru and including Sunday). c. Q: Will there be a minimum number of hours for a visit? A: Yes, the minimum number of hours for a Contact Visitation is one (01) hour and for Non-Contact Visitation is thirty (30) minutes. i. Q: Will there be a maximum amount of visits and a maximum number of visit time (hours), that any given detainee can enjoy per week? A: Yes, the maximum number of visits is ten (10) and the maximum amount of visit time (hours) that any given detainee can enjoy per week is 7.5 hours. 1. Q: Contact/Non-Contact? A: The maximum number of Contact Visitation per week is five (5) contact visits {5 hours} and for Non-Contact visitation is also five (5) non-contact visits {2.5 hours}. d. Q: Will detainee visits be pre-scheduled? A: Detainee Contact-Visitation will be pre-scheduled. Non-Contact Visitation will not be pre-scheduled. 3. RELIGIOUS a. Q: Please be specific regarding the types of services and hours permitted per service. A: Roman Catholic/Confessionals/Worship - 1 hr 45 min; Protestant/Worship/Bible Study - 4 hours; Muslim/Jumah - 1 hr; and American National Catholic/Mass - 45 min. 2 ICE.2012FOIA3030000489 ECCC Q & A Final - Regarding ECCC Activities and Programs Schedule 4. 5. 6. 7. 8. 9. b. Q: Will you be mixing classification levels during religious programming? A: Yes, we will be mixing only level 2 and 3 detainees during religious programming, as permitted by the ICE Standards. LAW LIBRARIES a. Clarify dorms and scheduling i. Q: Does 2E3 and 2E4 have access daily? (Please see your schedule). A: Yes, 2E3 and 2E4 have access to the law library on a daily basis. 1. Q: What are the specific hours? A: Monday through Sunday, 7:00AM - 1:00PM and 3:00PM - 9:00PM ii. Q: Does dorm 7 have access all day? (Please see your schedule) A: Dorm 7 will have identical access as the other six (6) dorms. b. Q: How many computers are in the law library? A: The Dorms law library has six (06) computers. 2E3 and 2E4 have 4 computers (2 each). c. Q: Is every housing area equipped with LexisNexis? If not, which housing areas are not equipped with LexisNexis? A: Yes, every housing area is equipped with LexisNexis. LEISURE LIBRARY a. Q: Please clarify the schedule. A: Monday through Sunday, 7:00AM - 1:00 PM and 3:00PM - 9:00PM b. Q: Will you allow leisure library books to be taken out of the library? A: Yes, we will allow leisure library books to be taken out of the library. UNIFORMS a. Q: Which uniforms will be used and for what classification of detainee? A: Khaki style pants (color to be determined) and a white crew neck, one pocket t-shirt will be used for all classification detainees (close custody exempted). COMPUTERS a. Q: Will you have Internet access (on a limited basis) for detainees? A: No, there will not be Internet access for detainees. However, the Essex County Correctional Facility is currently exploring the feasibility of providing secured Internet/electronic mail capabilities. LOP a. Q: Do you currently have an EOIR Sponsored Legal Orientation Program? A: Yes, we currently utilize New Jersey Legal Services. GENERAL a. Q: Please provide a document with all detainee specific programs that you will offer A: Please see attached "Current Prisoner Programs". b. Q: Is there an error on the scheduling; i.e., do dorms 8 & 9 exist? A: Yes, there was an error on the schedule and dorms 8 & 9 do not exist. 3 ICE.2012FOIA3030000490 100.4 Self Monitoring Tool att 01 Orig . - .- . .- - 1. Emergency Plans A=Acceptable D=De?cient Risk Applicable Page 1 of 21 A. Staff trained, and able to identify signs of detainee unrest B. Written plans locate emergency shut off valves and switches C. Evacuation routes primary and secondary D. A complete set of emergency plans is available E. Facility conducts mock emergency exercises throughout the year to test speci?c plans F. Staff work stoppage plan is available G. The facility meets annually with local, state, federal of?cials to discuss and cooperative contingency plans 2. Environmental Health and Safety A. System for storing/issuing/maintaining hazardous materials B. Complete inventories of hazardous materials maintained C. A complete list of MSDS readily accessible to staff and detainees D. Fire prevention/control/evacuation plan E. Conduct ?re/evacuation drills according to schedule/standard F. Staff trained to prevent contact with blood and bodily ?uids G. Emergency generators are tested bi-weekly Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000491 100.4 Self Monitoring Tool att 01 Orig . - .- A . .- - Every employee and detainee using ?ammable, toxic, or caustic materials receives advance training in their use, storage, and disposal A=Acceptable D=De?cient Risk Applicable Page 2 of 21 Safety Of?ce (or of?cer) maintains ?les of inspection reports; including corrective actions taken Facility appears clean and well maintained All ?ammable and combustible materials (liquid and aerosol) are stored and used according to label recommendations Documentation indicating safety repairs are completed immediately and vehicles are not used until they have been repaired and inspected, is available for review Of?cers use a checklist during every vehicle inspection 3. Transportation (By Land) Transporting of?cers limit driving time to 10 hours in any 15 hour period when transporting detainees gof?cers with valid Commercial Drivers Licenses, rqured in any bus transporting detainees Policies and procedures are in place addressing the use of restraining equipment on transportation vehicles Vehicles have 2 way radios, cellular telephones, equipment boxes in accordance with the Use of Force standard Vehicles have written contingency plans on board 4. Admission and Release ICE information is available for initial classi?cation Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000492 100.4 Self Monitoring Tool att 01 Orig A=Acceptable D=De?cient Risk Applicable Page 3 of 21 Medical screening taking place within timeframes Inventory detainee personal effects Accountability in place for admin/release All visual searches documented and are not routine in procedure Appropriate clothing and bedding issued Orientation material in English, Spanish or most prevalent second language 5. Classi?cation System All detainees classi?ed appropriately upon arrival Reassessment and reclassi?cation process in place Housing assignments are based upon classi?cation Work assignments are based upon classi?cation system moom> Detainees are assigned color coded uniforms/wrist bands to re?ect classi?cation level 6. Contraband Policy in place for handling contraband Contraband disposed of properly and documented Facility staff make a concerted effort to control contraband 7. Facility Security and Control Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000493 100.4 Self Monitoring Tool att 01 Orig . - .- . .- - A. Staff are required to conduct security check of assigned areas A=Acceptable D=De?cient Risk Applicable Page 4 of 21 B. All visitors of?cially recorded in a visitor log book C. Front entrance staff inspect ID of everyone entering/exiting D. Maintain a log of all incoming and departing vehicles E. Housing unit searches occur at irregular times F. Area searches documented in log book G. fence checks completed and logged H. Facility administrator or designee and department heads visit housing units and activity areas weekly l. Comprehensive staf?ng analysis determines staf?ng needs and Plans J. Essential posts and positions are ?lled with quali?ed personnel K. Of?cers monitor all vehicular traf?c entering and leaving the facility L. The facility has a written policy and procedures to prevent the introduction of contraband into the facility or any of its components M. Security of?cer posts located in or immediately adjacent to to emergency situations. Personal contact and detainee living areas to permit of?cers to see or hear and respond interaction between staff and detainees is required and facilitated N. Daily procedures include: perimeter alarm system tests; physical Proprietary Information Property of Essex County Department of Corrections ICE.2012FOIA3030000494 100.4 Self Monitoring Tool att 01 Orig Frequency QUALITY ASSURANCE PROGRAM Self Monitoring Tool Facility Name: Essex County Department of Corrections PERFORMANCE MONITORING MEASURE checks of the perimeter fence; documenting the results Page 5 of 21 A=Acceptable D=De?cient Risk Applicable Rating Corrective Action Required Comments Tools taken into the secure area of the facility are inspected and inventoried before entering and prior to departure The facility has in place a procedure and practice to gather, analyze and utilize intelligence information to include areas such as narcotics traf?cking, ?nancial info, telephone surveillance, high pro?le detainees, visiting room activities, etc Q. The facility shares intelligence information with ICE 8. Funds and Personal Property A. Inventory personal property/funds is maintained B. Funds/valuables documented on receipt C. Detainees property searched for contraband D. Staff forward arriving detainees medication to medical staff E. Detainee funds are deposited into the cash box F. Staff secure every container used to store property with a tamper-proof numbered strap G. Quarterly audits of detainee baggage luggage are conducted, veri?ed, and logged 9. Hold Rooms in Detention Facilities A. Detainees are not held in hold rooms longer than 12 hours B. All detainees pat searched prior to placement in hold room Proprietary lnforrnation ICE.2012FOIA3030000495 Property of Essex County Department of Corrections 100.4 Self Monitoring Tool att 01 Orig A=Acceptable Page 6 of 21 D=De?cient Risk Applicable . - - - A - A A . C. Maintain detention log for each detainee in hold room D. Written evacuation plan posted for each hold room E. Hold rooms contain suf?cient seating for the number of detainees held F. The maximum occupancy for the hold room will be posted G. No bunks/cots/beds or other related make shift sleeping apparatuses are permitted inside hold rooms H. Male and females are segregated from each other at all times Detainees are provided with basic personal hygiene items such as water, soap, toilet paper, cups for water, feminine hygiene items, diapers and wipes J. Of?cers closely supervise the detention hold rooms. Hold rooms are irregularly monitored every 15 minutes 10. Key and Lock Control A. Maintain inventories of all keys/locks/locking devices B. Emergency keys are available for all areas of the facility C. Chit system used to issue security equip./keys/radios D. Policy regarding restricted keys present and followed by staff E. Facility has a key accountability policy and procedures to ensure key accountability. The keys are physically counted daily F. Locks and locking devices are continually inspected, maintained, and lnventoried Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000496 100.4 Self Monitoring Tool att 01 Orig A=Acceptable Page 7 of 21 D=De?cient Risk Applicable . A A A . 11. Population Counts A. Staff conduct formal count at least once per 8 hour shift/ 3x per day B. At least of?cers participate in count for each area C. Recount c8nducted when incorrect count is reported D. Face to photo count conducted E. Each detainee positively identi?ed during count 12. Post Orders A. Every post has a post order, current signed by the facility Administrator B. Housing unit of?cers record all detainee activity in a log C. Supervisor visits each housing area once per shift D. Staff sign post orders, regardless of whether the assignment is temporary, permanent, or due to an emergency E. Anyone assigned to an armed post quali?es with the post weapons before assuming post duty 13. Searches of Detainees A. Unit shakedowns are conducted B. Random shakedowns conducted documented C. The facility employs a schedule to insure that all areas of the facility are routinely searched Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000497 100.4 Self Monitoring Tool att 01 Orig A=Acceptable Page 8 of 21 D=De?cient Risk Applicable . - - - A A A . D. Canines are not used for force, intimidation, or control of detainees 14. Sexual Abuse and Assault Prevention and Intervention A. The facility has a Sexual Abuse and Assault Prevention and Intervention Program B. Detainees are advised of the program C. All staff are trained, initially and in annual refresher training, in the prevention and intervention areas D. Sexual Assault Awareness Notice is posted on all housing unit bulletin boards 15. Special Management Units A. Written order accompany detainee placed in SMU B. SMU reviews are conducted in a timely manner (3,7,14,30,60) C. Admin SMU detainees enjoy same privileges as general population D. Detainees in SMU have access to legal materials E. Detainees in SMU retain visiting privileges F. Maintain a permanent log regarding detainee related activities G. Written order accompany detainee placed in disciplinary SMU H. Detainees in disciplinary SMU have access to legal materials I. Detainees in disciplinary SMU retain visiting privileges Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000498 100.4 Self Monitoring Tool att 01 Orig A=Acceptable D=De?cient Risk Applicable Page 9 of 21 J. Disciplinary SMU phone access limited to legal/consular calls K. Detainees in SMU may shave and shower three times weekly and receive other basic services (laundry, hair care, barbering, clothing, bedding, linen) on the same basis as the general population L. The facility administrator (or designee) visits each SMU daily M. A health care provider visits every detainee in a SMU at least 3x week, and detainees are provided any medications prescribed for them N. Detainees in the SMU are offered at least one hour of recreation per day, scheduled at a reasonable time. Where cover is not provided to mitigate inclement weather, detainees are provided weather-appropriate equipment and attire 0. When a detainee has been held in Admin Segregation for more than 30 days, the facility administrator noti?es the Field Of?ce Director, who noti?es the Deputy Assistant Director, DMD 16. Staff-Detainee Communication A. Housing unit rounds conducted daily by security staff B. Housing unit rounds conducted daily by Deportation Staff C. Detainee requests answered within 72 hours D. ICE SDC visit schedules are posted in housing unit E. Request forms are available to detainees F. There is a secure box available for detainees to place requests in for Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000499 100.4 Self Monitoring Tool att 01 Orig . - .- A . .- - ICE staff that is checked on a daily basis A=Acceptable D=De?cient Risk Applicable Page 10 of 21 Unannounced ICE staff housing unit visits occur weekly Visiting staff observe, document and communicate current climate and conditions of con?nement 17. Tool Control Tool inventories conducted as speci?ed Tools marked and readily identi?able Procedures for issuance of tools to staff and detainees Inventory made of all tools by contractors prior to enter and exit .mpow There is an individual who is responsible for developing a tool control procedure and an inspection system to insure accountability A metal or plastic chit is taken in exchange for all tools issued, and when a tool is issued from a shadow board the receipt chit shall be visible on the shadow board Broken or worn out tools are surveyed and disposed of in an appropriate and secure manner Department heads are responsible for implementing proper tool control procedures as described in the standard 18. Use of Physical Force and Restraints Policy governing immediate/calculated use of force Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000500 100.4 Self Monitoring Tool att 01 Orig A=Acceptable Page 11 of 21 D=De?cient Risk Applicable . - - - force incidents documented and reviewed C. Video tapes of incidents preserved/catalogued for 2 1/2 D. Detainee is seen by medical immediately after incident E. Facility subscribes to prescribed confrontation avoidance procedures F. Staff trained in use of force techniques G. Appropriate procedures in place for using 4 and/or 5 point restraints H. Medical staff consulted prior to deploying OC spray in calculated use of force situations I. All electronic stun devices inventoried and used by facility must be approved by ICE National Firearms and Tactical Training Unit 19. Disciplinary System A. Rules of conduct/sanctions provided in writing B. Incident reports investigated within 24 hours C. Disciplinary panel adjudicate infractions D. Disciplinary sanctions are in accordance with standards E. Staff representation available 20. Food Service A. Appropriate security measures for sharps are in place B. Appropriate food temperatures are maintained for both hot and cold Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000501 100.4 Self Monitoring Tool att 01 Orig A=Acceptable Page 12 of 21 D=De?cient Risk Applicable . - - - A food C. Food Service department maintained at a high level of sanitation D. Detainees receive safety and appropriate equipment training prior to beginning work in department E. A minimum of two hot meals served daily F. Facility has a standard 35 day cycle menu G. A registered dietician conducts nutritional analysis H. All menu changes documented Common fare menu for authorized detainees J. Weekly inspections conducted and documented 21. Hunger Strikes A. Procedures for referring detainee to medical if verbally refused or observed refusing to eat beyond 72 hours B. Staff receive training in identi?cation of hunger strike C. Process for determining reason for hunger strike 22. Medical Care A. Intake process includes medical and mental health screening B. Sick call procedures established C. Adequate medical staff available proportionate to population Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000502 100.4 Self Monitoring Tool att 01 Orig Page A=Acceptable D=De?cient Risk Applicable . - - - A A A A . D. Pharmaceuticals stored in a secure area E. All detainees receive physical examination/assessment within 14 days of arrival F. Sick call slips available in English, Spanish and/or most prevalent second language G. The facility has a written plan for 24 hour emergency health care when no medical staff are on-duty or when immediate outside medical attention is required H. Medical records are available and transferred with the detainee l. Records are maintained of medication distribution J. All sharps are under strict control and accountability K. A sharps container is used to dispose of used sharps L. The medical department is maintained at a high level of sanitation 23. Personal Hygiene A. Clothing provided upon intake and exchanged weekly B. Sheets and towels exchanged weekly C. Climate appropriate clothing issued and maintained in good repair D. Facility provides and replenishes personal hygiene items as needed, at no cost to detainee E. Showers operate between 100 degrees and 120 degrees Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000503 100.4 Self Monitoring Tool att 01 Orig Page 14 of 21 A=Acceptable D=De?cient Risk Applicable 0 A F. Showers meet ADA standards and requirements G. Food Service detainee volunteers exchange garments daily 24. Suicide Prevention and Intervention A. The facility has a written suicide prevention and intervention program approved and signed by the health authority and facility administrator which is reviewed annually B. At Every new staff member receives suicide-prevention training. Suicide prevention training occurs during the employee orientation program and annually thereafter C. The facility has a designated and approved isolation room for evaluation and treatment D. Staff observes and documents the status of a suicide-watch detainee at least once every 15 minutes 25. Terminal Illness, Advanced Directives, and Death A. Detainees who are chronically or terminally ill are transferred to an appropriate off-site facility B. The facility has written plans for addressing organ donations C. There is a policy addressing Do Not Resuscitate Orders D. The facility has written procedures detailing the proper noti?cations 26. Correspondence and Other Mail A. Incoming mail screened and delivered daily B. Outgoing mail screened for contraband Proprietary lnforrnation ICE.2012FOIA3030000504 Property of Essex County Department of Corrections 100.4 Self Monitoring Tool att 01 Orig A=Acceptable D=De?cient Risk Applicable Page 15 of 21 C. Legal mail opened in front of detainee D. Incoming funds processed properly E. Rules for correspondence and other mail posted in housing unit or common areas, and detainee handbook F. Facility has a system for detainees to purchase stamps G. SMU has same correspondence privileges as general population 27. Escorted Trips for Non-Medical Emergencies A. The Field Of?ce Director considers and approves, on a case-by-case basis, trips to visit an immediate family member in accordance with standards 28. Marriage Requests A. Marriage written requests approved by FOD 29. Recreation A. Outdoor/indoor recreation is provided B. Access to recreation activities C. Staff conduct daily searches of recreation areas D. In unit sedentary activities are available 30. Religious Practices A. Detainees are allowed to engage in religious services Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000505 100.4 Self Monitoring Tool att 01 Orig A=Acceptable Page 16 of 21 D=De?cient Risk Applicable . - - - A i B. Authorized religious items are allowed in detainee possession 31. Telephone Access A. Upon intake, detainees are made aware of phone policies B. Out of order phones reported to service provider C. Telephones inspected by staff D. Telephone access rules posted in each housing unit E. The number for the ICE OIG is posted in housing units F. The pro bono list is posted in housing units G. Emergency phone call messages delivered to detainees H. Special access calls are available to detainees l. Noti?cation of telephone monitoring posted by unit phones 32. Visitation A. Written visitation schedule posted and accessible to the public B. General visitation log book maintained C. Visitor dress code enforced D. Visitation available 7 days a week E. Facility complies with visitation schedule Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000506 100.4 Self Monitoring Tool att 01 Orig Page A=Acceptable D=De?cient Risk Applicable . - - - A A A A . F. Visitors are searched and identi?ed per standards G. Current list of Pro Bono services posted in detainee housing 33. Voluntary Work Program A. Facility has a voluntary work program B. Maintain a written chart with work assignments/classi?cation level C. Facility complies with work hour and pay requirements for detainees D. Detainees are medically screened to participate E. Detainees receive proper training and safety equipment F. Detainee housekeeping meets standards for neatness, cleanliness and sanitation 34. Detainee Handbook A. Staff aware of handbook contents and follow procedures B. Available in both English and Spanish and/or second most prevalent Language C. Handbook is updated as necessary D. Orientation material available to illiterate detainees 35. Grievance System A. Grievance procedures in place B. Staff awareness of procedures for emergency grievances Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000507 100.4 Self Monitoring Tool att 01 Orig Page A=Acceptable D=De?cient Risk Applicable . A A A A . C. Grievance log is utilized D. Staff forward any grievances that include staff misconduct to ICE E. Informal resolution to a detainee grievance documented in detention ?le 36. Law Libraries and Legal Material A. Adequate equipment is available for detainees B. Legal materials/law library current and available for detainees C. Detainee access provided to include SMU D. Denials documented E. Schedule for use implemented 10 hours weekly per detainee F. Access to legal material within 24 hours of written request G. Indigent detainees provided free stamps/envelopes for legal matters 37. Legal Rights Group Presentations A. approved videos played for all incoming detainees B. Posters announcing presentation appear in common areas at least 48 hours prior to presentation C. Detainees in SMU receive separate presentation D. Facility ensures adequate presentations so all detainees wanting to attend have the opportunity 38. Detention Files Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000508 100.4 Self Monitoring Tool att 01 Orig . - .- . .- . - Detention ?le created for each new arrival A=Acceptable D=De?cient Risk Applicable Page 19 of 21 Detention ?les contain documents generated during custody Detention ?les maintained in a secure area 39. News Media Interviews and Tours The facility has a procedure to address news media interview and tours in accordance with NDS 40. Staff Training The facility conducts appropriate orientation, initial training, and annual training for all staff, contractors, and volunteers Staff training is conducted according to a regular schedule with suf?cient classes to maintain pre-service and in-service training hour compliance 41. Transfer of Detainees Detainee provided with detainee transfer noti?cation form Health records/transfer summary accompany detainee Funds and personal property accompany detainee A-File/work folder accompany detainee Proprietary lnforrnation Property of Essex County Department of Corrections ICE.2012FOIA3030000509 100.4 Self Monitoring Tool att 01 Orig Page 20 of 21 I Inspection Information: Inspection Conducted By: (Print Name Position) Date: Summary: El Deficiencies were not noted (Quality Assurance Action Plan not required) El Deficiencies were found and a Quality Assurance Action Plan was completed (attached to this inspection report) Deficiencies were found however a Quality Assurance Action Plan is not required at this time Review: Facility Administrator: Date: Proprietary Information Property of Essex County Department of Corrections 100.4 Self Monitoring Tool att 01 Orig Page 21 of 21 COTR:__________________________________________________ Date:____________________ File Information: ? The Quality Assurance Action Plan is completed/all corrective actions have been implemented ? Copy of Self Monitoring Tool and Quality Assurance Action Plan (if applicable) were provided to the COTR Proprietary Information Property of Essex County Department of Corrections ICE.2012FOIA3030000511 Essex County Department of Corrections Essex County Correctional Facility Sta?ing ADRIINISTRATION or Director onsultant arden STAFF on?ection Of?cer - orrection Of?cer - Lieutenant orrection Of?cer - orrection Of?cer ADMINISTRATIVE STAFF 'strative Clerk ta Proces ta Proces ems ta Proces tems ta Proces Technician es te Advocate Penal Institution oordinator of Monit v'Evaluation Mana Business Mana on?dential Assistant To Director tion ?st Assistant Steno Clerk 'st Worker 'isor of Data Proces PUBLIC Maintenance Worker lumber upervising Pltunber PLANT ENGINEERS sset Coordinator 'strative Assistant ead Tech tors echanics JANITORIAL STAFF ustodial Staff Essex County Department of Corrections Essex County Correctional Facility Sta?ing MEDICAL ealth Services Administrator edical Director icians or of ection Control Nurse urse Practitioners? ician Assistants 'stered Nurses Practical Nlu'ses 's erti?ed Assistants NAs erti?ed Medical Assistants MAs or of Mental Health ental Health Counselor :?Alcohol Counselor 'strative Assitant nit Clerks ecial Record Clerks "st Assitant Technicians omist -EMR Analyst - EMR OMNIISSARY edical Adminstrative echnical Systems Deve ommissary Staff FOOD SERVICES 00d Service Kitchen ood Stora Persoxmel ood Service Mechanic 1-0008 INTERGOVERNIVTENTAL SERVICE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS- AND ES SEX COUNTY This Intergovernmental Service Agreement (?Agreement?) is entered into between United States Department of Homeland Security Immigration and Customs Enforcement and the Essex County (?Service Provider?) for the detention and care of aliens (?detainees?). 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 detainees at the following institution(s): Essex County Correctional Facility (?Facility?) 354 Doremus Avenue Newark, NJ 07105 Delaney Hall Center 451 Doremus Avenue Newark, NJ 97185 The following documents constitute the complete agreement: Intergovernmental Service Agreement (IGSA) Attachment 1 - Performance Outcomes, 2008 Performance-Based National Detention Standards 0 Attachment 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts 0 Wage Determinations (Attachment 3) . 0 Attachment 3A - Wage Determination Number: 2005-2353. Rev. 10, Dated: 09/01/2010 Area Wide (Non Collective Bargaining Employees) Wage Determination (WD) applicable to CF and CEC. 0 Attachment 3B Wage Determination Number: 2011-0090. Rev. Dated: 06/09/2011 CBA WD District [199.] (CEC) applicable to CBA employees 0 Attachment 3C Wage Determination Number: CBA-2011-4315. Rev. 0, Dated: 06/21/2011 CBA WD FOP (Essex) applicable to CBA employees 0 Attachment 3D Wage Determination Number: CBA-2011-4317. Rev. 0, Dated: 06/2l/201l CBA WD IBEW 1158 (Essex) applicable to CBA employees 0 Attachment 3E Wage Determination Number: CBA-201 1-4316. Rev. 0, Dated: 06/21/2011 CBA WD IOUE 68-68A-68B (Essex) applicable to CBA employees 0 Attachment 3F Wage Determination Number: CBA-2011-4314. Rev. 0, Dated: 06/21/2011 CBA WD PBA 382 (Essex) applicable to CBA employees 0 Attachment 4 - Essex Quality Control Plan (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000515 Covered Services - 5. ICE Performance-Based National Detention Standards and 5 OtherAppliCa-ble 7. No Employment of Unauthorized Aliens Period of Performance Modi?cations and Disputes 13. Enrollment, Invoicing, and Payment 15. Hold Harmless Provisions 17. Transportation 19. Labor Standards and Wage Determinatron 14 21. Incident Reporting Zero Tolerance for sexual Harassment, Abuse, and Assault 15 25. Government Use of Wireless Communicatlon Dev1ces Article 1. Purpose A. Pugp? ose: 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 the Immigration and Nationality Act, as amended. All persons in the custody of ICE are ?Administrative Detainees.? This term recognizes that ICE detainees are not charged with criminal violations and are only held in custody to assure their presence throughout the administrative hearing process and to assure their presence for removal from the United States pursuant to a lawful ?nal order by the 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. Rates: This is a ?xed rate agreement, not a cost reimbursable agreement, with respect to the bed day rate for 1,250 detainees ICE will 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 bed day rate. Bed Day Rate . $108.00 per detainee *Escort Services at Regular Rate 40.00 per hour *Escort Services at Overtime Rate 40.00 per hour *Escort Services for Airport Rate 40.00 per hour *Stationary Guard at Regular Rate 40.00 per hour *Stationary Guard at Overtime Rate 40.00 per hour *Transportation Mileage rate 0.50 per mile Detainee Work Program Reimbursement 1.00 per day *See Article 17 Article 2. General A. Commencement of Services: ICE is under no obligation to utilize the facilities identified herein until the need for detention services has been identi?ed, funding has been identi?ed and made available, the Facility meets ICE requirements, and is in compliance with ICE 2008 Performance-Based National Detention Standards the terms of this Agreement and the attached documents. B. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present detainees to the Service Provider nor direct performance, of any other services until ICE has the appropriate funding. Orders will be placed under this Agreement when speci?c requirements have 1 been identi?ed and funding obligated. Performance under this Agreement is not authorized until the Contracting Of?cer issues an order in writing. The effective date of the services will be negotiated and speci?ed in a Task Order to this Agreement. C. Subcontractors: The Service Provider shall notify and obtain approval from the ICE Contracting Of?cer if it intends to house ICE detainees in a facility other than the Essex County Correctional Facility or the Delaney Hall Center. If these facilities or any future facilities are operated by an entity other than the Service Provider, ICE will treat the entity as a subcontractor to the Service Provider. Currently the Essex County Correctional Facility is operated by Essex County, and the Delaney Hall Center is operated by Community Education Centers (CEC), as a subcontractor to Essex County. The Service Provider shall obtain the Contracting Of?cer?s approval before subcontracting the detention and care of detainees to another entity. The Contracting Of?cer has the right to deny, withhold, or withdraw approval Of the proposed subcontractor. Upon approval by the Contracting Of?cer, the Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide ICE with copies of all subcontracts. All payments will be made to the Service Provider. ICE will not accept invoices from, or make payments to, a subcontractor. Subcontractors that perform under this agreement are subject to the terms and conditions of this IGSA. D. Consistent with Law: This is a ?rm ?xed rate Agreement, not a cost reimbursable Agreement. This Agreement is permitted under applicable Statutes, regulation, policies or judicial mandates. Any provision ofthis Agreement contrary to applicable statutes, regulation, policies or judicial mandates is null and void and shall not necessarily affect the balance of the Agreement. Article 3. Covered Services Bedspace: The Service Provider shall make aVailable, on an as needed basis: 800 male beds at the Essex County Correctional Facility 382 male beds and 68 female beds (total 450 beds) at Delaney Hall At the Essex County Correctional Facility the Government will maintain an Average Daily Population (ADP) of 700 ICE detainees each month for a period of twelve (12) months from the date of award of this Agreement. The Service Provider shall house all detainees as determined within classification system. ICE will be ?nancially liable only for the actual detainee days as de?ned in Paragraph of Article - B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement. In providing these services, the Service Provider shall ensure compliance with all applicable laws, regulations, fire and safety codes, policies and procedures. The types and levels of services shall be consistent with the speci?c terms of this Agreement. If the Service Provider determines that ICE has delivered a person for custody who is under the age of eighteen (18), the Service Provider shall not house that person with adult detainees and shall immediately notify the ICE COTR or designated ICE of?cial. ICE will remove the juvenile within seventy-two (72) hours. C. Unit of Service and Financial Liability: The unit of service is called a ?Bed Day? and is de?ned as one person per day. The bed 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 unallowable costs include but are not limited to: 1) Salaries of elected of?cials 2) Salaries of employees not directly engaged in the housing and detention of detainees I 3) Indirect costs in which a percentage of all local government costs are pro-rated and applied to individual departments unless, those cost are allocated under an approved Cost Allocation Plan 4) Detainee services which are not provided to, or cannot be used by ICE detainees 5) Operating costs of facilities not utilized by Federal detainees 6) Interest on borrowing (however represented), bond discounts, costs of ?nancing/re?nancing, except as prescribed by OMB Circular A-87. 7) Legal or professional fees (speci?cally legal expenses for prosecution of claims against the Federal GoVernment, legal expenses of individual detainees or inmates) 8) Contingencies D. Interpretive/Translatibn Services: The Service Provider shall make special provisions for non-English speaking, handicapped or illiterate detainees. Upon request, ICE will assist the Service Provider in obtaining translation services through a toll free line. The Service Provider shall provide all instructions verbally, either in English or the detainees? language, as appropriate, to detainees who cannot read. E. Escort and Transportation Services: The Service Provider shall provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees to and from designated locations. Escort services shall be required for escorting .detainees to court hearings; escorting detainees who are witnesses to the courtroom and staged with the Immigration Judge during administrative proceedings. Transportation Services shall be performed by at least for airport runs, quali?ed sworn law enforcement or correctional of?cer personnel emproyea by the Service Provider under their policies, procedures and authorities. No ICE Liability for Failure to Meet Minimum Guarantee: ICE will not be liable for any failure to meet the minimum or population guarantee if such failure results directly from an occurrence that impairs the ability of ICE to use the facility?s capacity, and such occurrence arises out of causes beyond the control and without the fault or negligence of ICE. Such 3 causes may include, but are not limited to, acts of God or the public enemy, ?res, ?oods, freight embargoes, court orders and extraordinarily severe weather. This provision becomes effective only if ICE immediately notifies the Provider of the extent and nature of the occurrence resulting in the failure and takes all reasonable steps to limit any adverse effects required by the occurrence. Article 4. Receiving and Discharging Detainees A. Required Activigg: The Service Provider, Essex County only shall receive and discharge detainees only to and from properly identi?ed personnel or other properly identi?ed Federal law enforcement officials with prior authorization from Presentation of US Government identi?cation will constitute ?proper identification.? The Service Provider shall furnish receiving and discharging services twenty-four (24) hours per day, seven (7) days per week. ICE will furnish the Service Provider with reasonable notice of receiving and discharging detainees. The Service Provider shall ensure positive identi?cation and recording of detainees and ICE officers. The Service Provider shall not permit medical or emergency discharges except through coordination with on-duty ICE of?cers. 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 custody to any persons other than those described in Paragraph A of Article IV for any reason, except for either medical, other emergency situations If an ICE detainee is sought for federal, state, or local proceedings, only ICE may authorize release of the detainee for such purposes. The Service Provider shall contact the ICE COTR or designated ICE of?cial immediately regarding any such requests. D. Safe Release: The time, point and manner of release from a facility shall be consistent with safety considerations and shall take into account special vulnerabilities. Facilities that are not within a reasonable walking distance of, or that are more than one mile from, pubic transportation shall transport detainees to local bus/train/subway stations prior to the time the last bus/train leaves such stations for the day. If public transportation is within walking distance of the detention facility, detainees shall be provided with an information sheet that gives directions to and describes the types of transportation services available. However, facilities must provide transportation for any detainee who is not reasonably able to walk to public transportation due to age, disability, illness, mental health or other vulnerability, or as a result of weather or other environmental conditions at the time of release that may endanger the health or safety of the detainee. Upon release, detainees shall also be provided with a list of shelter services available in the immediate area along with directions to each shelter. Prior to their release, detainees 4 shall be given the opportunity to make a free phone call to a friend or relative to arrange for pick up from the facility. As practicable, detainees shall be provided with a laundered set of their own clothing, or one set of non-institutional clothing and footwear, weather appropriate, for their ?nal destination. E. Service Provider Right of Refusal. The Service Provider retains the right to refuse acceptance of any detainee if such refusal is supported by a valid justi?cation and agreed to by the COTR. Examples of suchjustiflcation are: any detainee exhibiting violent or disruptive behavior, or any 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 detainee already in custody, the Service Provider shall notify ICE and request such removal of the detainee from the Facility. The Service Provider shall allow ICE reasonable time to make alternative arrangements for the detainee. F. Emergency Evacuation: In the event of an emergency requiring evacuation of the Facility, the Service Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, as it employs for persons detained under the Service Provider?s authority. The Service Provider shall notify the ICE COTR or designated ICE official within two (2) hours of evacuation. Article 5. ICE Performance-Based National Detention Standards and Other Applicable Standards The parties to this IGSA agree to enter into negotiations if and when the ICE Detention Standards are updated. This Agreement will be modi?ed in writing upon mutual agreement. The Service Provider shall house detainees and perform related detention services in accordance with the 2008 edition of ICE Performance Based National Detention Standards and the terms of this Agreement. The complete set of standards applicable to this procurement is available from the following website: and are herein. ICE Inspectors will conduct periodic inspections of the Facilities to assure compliance with the ICE and the terms of this Agreement. The Facility?s operation shall re?ect the Expected Outcomes as summarized and outlined at length in Attachment 1, Performance Outcomes, 2008 Performance-Based National Detention Standards Where minimum requirements are expressed, innovation is encouraged to further the goals of detention reform. The Service provider shall also comply with the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF), and Standards Supplement, Standards for Health Services in Jails, National Commission on Correctional Health Care Some ACA standards are augmented by ICE Policy and/or procedure. In cases where other standards con?ict with ICE Policy or Standards, ICE Policy and Standards will prevail.- Article 6. Medical Services Medical Service requirements shall be in accordance with Attachment (6), Performance Work Statement. Article 7. No Employment of Unauthorized Aliens Subject to existing laws, regulations, Executive Orders, and addenda to this Agreement, the Service Provider shall not employ aliens unauthorized to work in the United States. Except for maintaining personal living areas, ICE detainees shall not be required to perform manual labor. Article 8. Employment Screening Requirements Employee screening requirements shall be in accordance with Attachment (6), Performance Work Statement. Article 9. Period of Performance This Agreement becomes effective upon the date of ?nal signature by the ICE Contracting Officer and the authorized signatory of the Service Provider and will remain in effect for a period not to exceed 60 months unless extended by bi-lateral modi?cation or terminated in writing by either party. Either party must provide written notice of intention to terminate the agreement, 120 days in advance of the effective date of formal termination, or the Parties may agree to a shorter period under the procedures prescribed in Article 11. If this Agreement is terminated by either party under this Article, ICE will be under no ?nancial obligation for any costs after the date of termination. The Service Provider will only be paid for services provided to ICE up to and including the day of termination. Article 10. Inspections, Audit, Surveys, and Tours A. Facility Inspections: The Service Provider shall allow ICE or an entity or organization approved by 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 share ?ndings of the inspection with the Service Provider's Facility Administrator. The Inspection Report will state any improvements to facility operation, conditions of con?nement, and level of service that will be required by the Service Provider. B. ICE will not house detainees in any facility that has received two consecutive overall ratings of less than acceptable. Upon notice that the second overall rating is less than acceptable, ICE will remove all detainees from the Facility within seven (7) calendar days. Any minimum guarantee stated elsewhere in this Agreement is no longer applicable if detainees are removed as a result of two overall ratings less than acceptable. No further funds will be obligated and no further payments will be made. C. Possible Termination: If the Service Provider, after being afforded reaSonable time to comply, fails to remedy de?cient service identi?ed through an ICE inspection, ICE may terminate this Agreement without regard to any other provisions in this Agreement; B. Share Findings: The Service Provider shall provide ICE copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. The Service Provider shall cooperate fully with the Detention Service Manager (DSM). E. Access to Detainee and Facility Records: The Service Provider shall, upon request, grant ICE access to any record in its possession, regardless of whether the Service Provider created the record, concerning any detainee held pursuant to this Agreement. This right of access includes, 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 Provider?s custody; provided, however that access to medical and mental health record information be provided in accordance with Articles VI. Furthermore, the Service 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. This right of access speci?cally applies to all inspections and other Facility reports. Article 11. Modifications 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 modification will become a part of this Agreement only after the ICE Contracting Of?cer has approved the modi?cation in writing. B. Change Orders: - l. The Contracting Of?Cer may under at any time, by written order, and without notice to the Service Provider, make changes within the general scope Of this Agreement in any one or more of the following: Description of services to be performed, including revisions to the applicable Detention Standards. - Place of performance of the services. 2. If any such change causes an increase or decrease in the cost of the services under the Agreement, the Contracting Of?cer will make an equitable adjustment in the . agreement price and will modify the Agreement accordingly. 3. The Service provider must assert its right to an adjustment under this Article within 30 days from the date of receipt of the written order including a proposal addressing the cost impacts and detailed supporting data. 4. if the Service Provider?s proposal includes costs that are determined unreasonable and/or unsupportable, as determined by the Contracting Of?cer, the Contracting Of?cer will disallow those costs when determining a revised rate, if any. 5. Failure to agree to any adjustment will be a dispute under the Disputes section of the Agreement. However, nothing in this Article excuses the Service Provider from proceeding with the Agreement as changed. C. Disputes: The ICE Contracting Of?cer and the authorized signatory of the Service Provider will settle disputes, questions and concerns arising from this Agreement. Settlement of disputes will 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 final decision, the matter may be appealed to the ICE Head of the Contracting Activity (HCA) for resolution. The ICE HCA may employ all methods available to resolve the dispute including alternative dispute resolution techniques. The Service Provider shall proceed diligently with performance of this Agreement pending ?nal resolution of any dispute. Article 12. Adjusting the Bed Day Rate ICE will reimburse the Service Provider at the ?xed detainee bed day rate shown in Article I paragraph C. The Service Provider may request a rate adjustment no less than thirty-six (36) months after the effective date of the Agreement unless required by law (see Article 19). After thirty?six (36) months, the Service Provider may request a rate by accessing the link at .gov/igaice/ for access to the ICE Automated intergovernmental Agreement System for instructions on preparing yOur Jail Operating Expense Information Form. - There is a Facility Guide available on the website to assist you. The Parties agree to base the cost portion of the rate adjustment on the principles of allowability and allocability as set forth in OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments, federal procurement laws, regulations, and standards in arriving at the bed day rate. If does not receive an of?cial request for a bed day rate adjustment that is supported by the information submitted through the System, the ?xed bed day rate as stated in this Agreement will be in place inde?nitely. I ICE reserves the right to audit the actual and/or prospective costs upon which the rate adjustment is based. All rate adjustments are prospective. As the bed day rate is ?xed, there are no retroactive adjustment(s). - Article 13. Enrollment, Invoicing, and Payment A. Enrollment in Electronic Funds Transfer: The Service Provider shall provide ICE with the information needed to make payments by electronic funds transfer (EFT). Since January l, 1999, ICE makes all payments only by EFT. The Service Previder shall identify their ?nancial institution and related information on Standard Form 3881, 8 Automated Clearing House (ACH) Vendor Miscellaneous Payment Enrollment Form The Service Provider shall submit a completed SF 3 881 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 office. B. Consolidated Invoicing: The Service Provider shall submit an original 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: 1. By mail: DHS, ICE Burlington Finance Center PO. Box 1620 Williston, VT 05495-1620 Attn: ICE-ERO-FOD-FLS 2. By fax: (include a cover sheet with point of contact and number of pages) 802-288-7658 9-611;il' Invoices submitted by other than these three methods will be returned. The Service Provider?s 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 met. The program of?ce shall also be notated on every invoice. Each invoice submitted shall contain the following information: 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). Total number of bed days; total number of miles. Bed day rate; Number of bed days multiplied by the bed day rate; 10. Name of each detainee; 1 1. Resident? s/detainee?s A-number; 12. Speci?c dates of detention for each resident/detainee; 13. An itemized listing of all other charges; 14. 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 1 through 14 above shall be included in the invoice. Invoices without the above information may be returned for resubmission. 7 C. Payment: 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 (30th) calendar day after the Burlington Finance Of?ce receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of funds, constitutes 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 provided the Service Provider maintains an active registration in Central Contractor Registration (CCR) and all information is accurate. Article 14. ICE Furnished PrOperty A. ICE Property Furnished to the Service Provider: ICE may furnish 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 ICE furnished 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 ICE property immediately to ICE. Article 15. Hold Harmless Provisions Unless speci?cally addressed-by the terms of this Agreement, the parties agree to be responsible for the negligent or wrongful acts or omissions of their respective employees. A. Service Provider Held Harmless: ICE liability for any injury, damage or loss to persons or property arising in the performance of this Agreement and caused by the negligence of its own of?cers, employees, agents and representatives is governed by the Federal Tort Claims Act, 28 USC 2691 et seq. The Service Provider shall notify ICE of any claims or lawsuits ?led against any ICE- employees of which Service Provider is noti?ed. The Service Provider will be held harmless for any injury, damage or loss to persons or property caused by an ICE employee arising in the performance of this Agreement. B. Federal Government Held Harmless: Service Provider liability for any injury, damage or loss to persons or property arising out of the performance of this Agreement and caused 10 by the negligence of its own of?cers, employees, agents and representatives is governed by the applicable State tort claims act.- ICE will notify the Service Provider of any claims filed against any of Service Providers employees of which ICE is noti?ed. The Federal Government will be held harmless for any injury, damage or loss to persons or property caused by a Service Provider employee arising in the performance of this Agreement. 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, or a detainee files suit as a result of an administrative error or omission of the Federal Government, ICE will 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 will 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 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 16. Financial Records A. 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 three (3) years for purposes of federal examinations and audit. The three (3) year retention period begins at the end of the ?rst year of completion of service under the Agreement. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the 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, have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its subcontractors, 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. Delinquent Debt Collection: ICE will hold the Service Provider accountable for any overpayment, or any breach of this Agreement that results in a debt owed to the Federal Government. ICE will 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 Article 17. Transportation In addition to the requirements outlined in the Performance Work Statement, the Service provider shall be responsible for the following: A. Indemnities: The Service Provider agrees to hold harmless and indemnify and its of?cials in their official and individual capacities from any liability, including third-party liability or worker?s compensation, arising from the conduct of the Service Provider and its employees during the course of transporting ICE detainees. B. Service Provider Furnished Vehicles: If the Service Provider is to use its own vehicles, the following requirements apply to this agreement. I. The Service Provider shall not allow employees to use their personal vehicles to transport detainees. The Service Provider shall furnish suitable vehicles in good condition, approved by the Government, to safely provide the required transportation services. The Service Provider shall comply with all federal and state laws with regard to inspections, licensing, and registration for all vehicles used for transportation. The Service Provider shall furnish vehicles equipped with interior security features including physical separation of detainees from guards. The Service Provider shall provide interior security specifications of the vehicles to ICE for review and approval prior to installation. Nothing in this Agreement shall restrict the Service Provider from acquiring additional vehicles as deemed necessary by the Service Provider at no cost to the Government. C. Government Furnished Vehicles: If ICE authorizes the Service Provider to use Government furnished vehicles, the following requirements apply to this agreement. 1. If ICE chooses to authorize Service Provider employees to operate Government furnished vehicles, the Government will provide-the Service Provider with Government Vehicles and Government Fleet Cards (for the purchase of fuel) for the purpose of transporting detainees to and from ICE Designated Facilities (see Route List or alternative transportation sites, in support of BRO transportation needs under this Agreement. The vehicles assigned for this purpose will remain the property of the Federal Government, and all costs associated with the operation and use of the vehicles, such as, but not limited to, vehicle maintenance and fuel, will be covered through the Government?s Fleet Management Program. 12 The Service Provider agrees to be responsible for reimbursement to ICE for any damages sustained by the vehicles as a result of any act or omission on the part of the Service Provider, its employees and or persons acting on behalf of the Service Provider. The Service Provider shall be responsible to report any accidents or damage to the Government Vehicles in accordance the Management Directives listed below and any other ICE policies that pertain to reporting such damage. The Service Provider agrees to fully cooperate and assist ICE in making any claims against a third party at fault for Causing the property damage to the Government Vehicles. In addition, the Service Provider agrees to hold harmless, indemnify, and assume ?nancial responsibility for any claims or litigations ?led by persons sustaining personal injuries or property damage for incidents or accidents caused by the negligent acts or omissions of the Service Provider, agents, or other persons acting on behalf of the Service Provider. The Service Provider agrees to fully cooperate and assist ICE in the defense of any claims made against ICE, and in the event of a settlement or judgment entered against ICE for the negligent acts or omissions of the Service Provider employees or agents; the Service Provider agrees to reimburse ICE for said settlement or adverse judgment. In order for ICE to maintain accurate fleet records of the transportation services, the Service Provider of?cers utilizing the vehicles shall complete speci?c documentation that will be provided by ZCE, to record the times of vehicle usage for proper hourly guard reimbursement, and to record the inspection of the vehicles for damage each time the vehicles are used. The form that is required is the Of?cial Detail Form (formerly G-391). This form is to be ?lled out at the beginning of each shift. At the end of a shift, the form is to be provided to the ICE Shift Supervisor with a copy to the COTR. The Service Provider shall keep the original for three years. The form is Attachment 8 to this Agreement. . The COTR will provide forms to the Service Provider to request and authorize routine maintenance of vehicles. The Service Provider shall be responsible for any costs or expenses associated with the return of the vehicles, to include, towing charges, title replacement fees or licensing expenses made necessary by the loss of any paperwork associated with the vehicles. The Government will provide instruction on the proper use of the Fleet Card to all Service Provider personnel responsible for the operation of any Government Vehicle. The instruction will be in accordance with the DHS Fleet Card Manual (Attachment 6). A list of the Government vehicles authorized for use by the Service Provider is found as Attachment 7. D. Billing Procedures: The itemized invoice for such stationary guard services shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the detainee(s) that was guarded. E. Anticipated Transportation Routes: The following transportation routes and/or destinations are anticipated requirements for this Agreement. The following requirements are one way routes from the Facility. Mileage may vary from the table depending on the 13 to the following: staring point of the destination. These routes are not all inclusive and should not be limited Mileage From FACILITY Locations City Frequency As directed by the corn Article 18. Contracting Of?cer?s Technical Representative (COTR). IHSC Field Case Manager 7 . A. The COTR will be designated by the Contracting Of?cer. When and if the COTR duties are reassigned, an administrative modi?cation will be issued to re?ect the changes. This designation does not include authority to sign contractual documents or to otherwise commit to, or issue changes, which could affect the price, quantity, or performance of this Agreement. . Should the Service Provider believe it has received direction that is not within the scope of the agreement; the Service Provider shall not proceed with any portion that is not within the scope of the agreement without ?rst contacting the Contracting Officer. The Service Provider shall continue performance of efforts that are deemed within the scope. The com for this 1G3 A is: more The IHSC Field Case is: (W5): (W5), Article 19; Labor Standards and Wage Determination A. The Service Contract Act, 41 U.S.C. 351 et seq., Title 29, Part 4 Labor Standards for Federal Service Contracts, is hereby incorporated as Attachment 2. These standards and provisions are included in every contract and entered into by the United States or the District of Columbia, in excess of $2,500, or in an inde?nite amount, 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. (See Attachment 3 - Wage Determination) Article 20. Noti?cation and Public Disclosures 14 Noti?cation and Public Disclosures shall be in accordance with Attachment (6), Performance Work Statement. Article 21. Incident Reporting Incident Reporting shall be in accordance with Attachment (6), Performance Work Statement. Article 22. Detainee Privacy The Service Provider agrees to comply with the Privacy Act of l974 and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the Agreement speci?cally identi?es the systems of records; and (ii) the design, development, or operation work that the Service Provider is to perform. The Service Provider shall also. include the Privacy Act into any and all subcontracts when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and In the event of violations of the Act, a civil action may be brought against the agency A involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be' imposed upon the of?cers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the agreement is for the operation of a system of records on individuals to accomplish an agency function, the Service Provider is considered to be an employee of the agency. 1. ?Operation of a system of records,? as used in this Article, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. 2. ?Record,? as used in this Article, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, ?nancial transactions, medical history, and criminal or employment history and that contains the person?s name, or the identifying number, symbol, or other identifying-particular assigned to the individual, such as a ?ngerprint or voiceprint or a photograph. 3. ?System of records on individuals,? as used in this Article, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. - Article 23. Zero Tolerance for Sexual Harassment, Abuse, and Assault 15 ICE has a zero tolerance standard regarding rape and sexual assault in the Facility. The Service Provider shall af?rmatively act to prevent sexuai abuse and assaults on detainees. Every allegation will be reviewed, and, where warranted, referred for Criminal prosecution consistent with a zero-tolerance standard. Article 24. Detainee Telephone Services (DTS) A. The Service Provider shall provide detainees with reasonable and equitable access to telephones as speci?ed in the ICE 2008 Performance-Based National Detention Standard on Telephone Access. Telephones shall be located in an area that provides for a reasonable degree of privacy and a minimal amount of environmental noise during phone calls. - B. If authorized to do so under applicable law, the Service Provider shall monitor and record detainee conversations. If detainee telephone conversations can be monitored under applicable law, the Service Provider shall provide notice to detainees of the potential for monitoring. However, the Service Provider shall also provide procedures at the facility for detainees to be able to place unmonitored telephone calls to their attorneys. C. Telephone rates shall not exceed the dominant carrier tariff rate and shall conform to all applicable federal, state, and local telephone regulations. D. ICE recognizes the Service Provider may have an existing contract with a Telecommunications Company to provide telephone service to ICE detainees and other inmates. ICE requires the Service Provider to require the Telecommunications Company to provide connectivity to the DTS Contractor for detainee pro bono telephone calls. Additionally, ICE requires that the Service Provider or their Telecommunications Company provide that ICE detainees have direct access to the DTS Contractor for collect and prepaid calls. This shall occur at the expiration of any current contract with a Telecommunications Company. The DTS Contractor shall be allowed to install vending debit machines and shall receive 100 percent of all revenues collected by sale of prepaid debit. services to ICE detainees. The Service Provider (and the Telecommunications Company).shall make all arrangements with the DTS Contractor independently from this Agreement. The DTS Contractor shall be responsible for the costs incurred to provide the pro bono services, and the maintenance and operation of the system, including a standard compensation to the Telecommunications Company. The Service Provider shall not be entitled to any commissions, fees, or revenues generated the detainee telephones. I E. The Service Provider shall inspect telephones for serviceability, in accordance with ICE 2008 Performance-Based National Detention Standards and ICE- policies and procedures. The Service Provider shall notify the COTR or ICE designee of any inoperable telephones. i6 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000534 1. Be implemented prior to the start of performance. 2. Provide quality control services that cover the scope of the Agreement and implement proactive actions to prevent non-perfOrmance issues. B. A complete QCP addressing all areas of agreement performance shall be submitted with the Service provider?s proposal. All proposed changes to the QCP must be approved by the Contracting Officer. The Service Provider shall not change the individual(s) responsible for the QCP without prior approval of the Contracting Of?cer. C. The QCP shall include, at a minimum: 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 ICE staff and feedback to ICE on the actions taken to resolve such complaints. D. 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. E. Failure by the Service Provider to maintain adequate quality control may result in monetary deductions based upon the schedule of deductions incorporated herein. Article 29. Physical Plant Requirements A. ICE Of?ce Space The Service Provider shall Of?ce Space for three (3) ICE Agents at the Delaney Hall Center. B. Furniture 18 All furniture and case goods shall be furnished by the Service Provider in accordance with ICE Design Guide and speci?cations, which include ICE support space and all operational components which include EOIR, OPLA and IHSC space as required in accordance with the ICE Design Standards. C. ICE IT Equipment ICE will provide and install IT equipment in of?ce spaces for ICE personnel only, to include computer workstations and screens, printers and fax machines. All infrastructure, cabling, and interfacing equipment shall be provided by the Service Provider at time of construction. NOTE: ICE IT system must be a complete, independent and physically separate system from the Service Provider?s IT system. The system shall serve all operational components: ICE, OPLA, and IHSC. EOIR shall have a separate system within EOIR IT space as per the EOIR Design Standards. D. Communication Equipment 1. The Service Provider shall purchase, install and maintain a complete and operating communication system, which includes but is not limited to: cabling, ?ber optics, patch panels, landing blocks, circuits, PBX and voice mail, phone sets and other supporting infrastructure and supporting system in compliance with ICE speci?cations. Separate billing to ICE must be established on all reoccurring service fees for communications and IT. Systems shall be installed speci?cally for ICE use. 2. Insert specifications for communications system here. NOTE: ICE communication system must be a complete, independent and physically separate system from the Service Provider communication system, and billed separately. The system shall serve all operational components: ICE, OPLA, and IHSC. EOIR shall have a separate system within EOIR IT space as per the EOIR Design 19 ?so-:35? Egpac?:e?ims? . . 2. .IMGDIFICATION N0, 3; . I c0233 ADMist?mw alarm-amiss: Tammy-63' (sting Dmtiqn ManagemmeConmm :XCE'Demnziorz Managgemmz Contracts im?migr?aiions Management immigminns and Customs Office ofAcquis?ition'Managemem so} 9.36 - . 301' Suite 9310 3., NAME AND WERESS 0F (Na. Street; . Comm Siam, amx? zip Code} 9A, AMENDMENT OF SOLICIT-A HON - . ?immu?s?mw '?Wa?mmwm rial- m. OFCONFRACTIORDERNQ. . .. . coma: . c0133: JOB - - -. "m The-2m an O?'ezs must 'a?ciiqnleedge {?eeipt ?f?xis=ammuimentipribrgto ?it: hour- and dare- s?ani?ad in the snii?miom ?gmendaci 133.9 one-o'me fciiowing mamm- copiss' gaghcepy {1f ?it; {i?fcr 393mm; Sgt-{9333? tome-soiicifn??n and amendment- numbers, Qt?- I AITHE PLACE RECEIPT RESULT IN YQUR OFFER. if?by virtuezathis amendmem: ybu desire to change as: affci nircady submitted, such :changemay be-mad'e'hiy telegram. or By. .1115; letter {633% and ?125 meantiman and-farmein "prior to {he-opening'haur and - bATA-(gRequirew ?Se??h?i?w 23. mm Aprms 0:2: cowmmzogpm . IT 349an 1mm a IS ISSUED masum'rz?o: (3mm: gammaz) THE CHANGES SET mam IN 115.?: an {zomch - - omsnm. 2N ITEM 10a? .. .;mxiatimm? HEM mmnmemw Mama} . a. ism}? is waived to 1 cepics io'mcissumg'o'f?caf :14. by as}: mien headings, .inciuding subject matter ef?hisgmodi?catimis to incorporate i Based {Retention Standard-2,1; - Sexual Abusz: an?; 3116 1mman Shouitii??zcre-hq agcaa?iciwitizbe'im this mama and any ?mar teerm and condition of the agreement idcnti?cd in Block {GA-on. rim-modi?cation you are {a contact the I :Cou?racung??iwr fer eiari?ca?cm. . termsand conditions remain-mishangpd. harem,- 31E texmsand condicions of'the document referetfsced in Item-9A or am, as herethfore' change?remains unchanged and-in mil-formant? meet, 5 a I . Ina.?-Qfaggm i GO??in . - . .. 2 DATE 16C. 33813 $652339 - IGNE L22. jg; 338$ tam (awaysam (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.2012FOIA3030000538 '??ss?wcmacx enema? 3mm; cemmusu I I PAGE 5? -- 2 i 1.5 mac; Osmaag'ck'commcma ESSEX as? . ETERWO. I - supmaszsemces aumnw um um more AMOUNT . (agreed that the a?orementioned minimum aad outimum st?naxds are, I: ramp incorporated into the 163;: at no additional c-ost.? '_Compliance with 20:1 will begin on January 1! 2014. Ehould there 08 a mnfl'ict between the 20.11 9BND3 am: any Other term and ccndition of the agreement identified in Block 10A Em this modificatian, you are to contact the Contracting Officer for clari?ieation. i Exempt Resign: . Except as pxovided her-air}? "all. tarsus and canditiona of the comment. re?erenced in Item 9A or 3.0% as heretofore Changed, remains unmangea am: in full force and saw 73:94::455-305? I Fm .333 {4-33) 1-0008/ P00002 Attachment A COMPLIANCE WITH 2011 OPTIMAL PROVISIONS: Delaney Hall In addition to the current requirements in the IGSA, Delaney Hall will comply with the following optimal requirements under the ICE 201 lPerformance Based National Detention Standards 201 I) at no additional cost to the agency: . Standard 2.1: Admission and Release 0 ?Whenever possible, medical personnel shall be present to observe the strip search of a transgender detainee.? (Section V3.40) - Standard 4.3: Medical Care 0 ?Medical facilities within the detention facility shall achieve and maintain current accreditation with the standards of the National Commission on Correctional Health Care and shall maintain compliance with those standards.? (Section H. l) - ?Adequate space and staf?ng for the use of services of the ICE Tele-I?Iealth Systems, inclusive of tele-radiology (ITSP) and tele-medicine, shall be provided.? (Section II. 28) . ?The facility, when equipped with appropriate technology and adequate space, shall provide for the use of services of the ICE Tele-Health Systems, inclusive of tale?radiOIOgy (ITSP), and tele-medieine.? (Section VDD) Standard 4.4: MediCal Care (Women) I ?The facility?s provision of gynecological and obstetrical health care shall be in compliance with standards set by the National Commission on Correctional Health Care (N (Section 11.1) Standard 4.6: Significant Self?Harm and Suicide Prevention and Intervention ?The facility Shall be in compliance with standards set by the National Commission on Correctional Health Care (N CCHC) in its provision of preventive supervision, treatment, and therapeutic follow-up for clinically suicidal detainees or detainees at risk for signi?cant self-harm.? (Section 11.3) Standard 4.7: Terminal Illness, Advance Directives, and Death 0 ?The facility shall be in compliance with standards set by the National Commission on Correctional Health Care in its provision of medical care to terminally ill detainees.? (Section 11.2) Standard 5.4: Recreation 0 ?Detainees shall have at least four hours a day access, seven days a week, to outdoor recreation, weather and scheduling permitted. Outdoor recreation shall support leisure activities, outdoor sports and exercise as referenced and de?ned by the National Commission on Correctional Health Care Standards, provided outside the con?nes of the housing structure and/or other solid enclosures.? (Section II. 2) - ?Detainees in the general population shall have access at least four hours a day, seven days a week to outdoor recreation, weather and scheduling permitted. Daily indoor recreation shall also be available. During inclement weather, detainees shall have access to indoor recreational opportunities with access to natural light.? (Section VB) 0 ?Facilities operating at the optimal level shall offer access to reading materials, through libraries with regular hours, book carts or other means. Reading materials in English, Spanish and, if practicable, other languages, should be made available.? (Section VF) I ?Facilities shall offer other programmatic activities, such as: 1. educational classes or speakers; 2. sobriety programs such as alcoholics anonymous; and 1?000 8/ P001302 Attachment 3. other organized activities or recreational programs.? (Section VF) Standard 5.6: Telephone Access 0 ?Facilities shall be operating at the optimal level when at least one telephone is provided for every ten (10) detainees.? (Section VA. 1) - ?Consistent with the order and safety of the facility, the facility may allow for use of other equipment such as Video relay and Video phones for detainees who are deaf or hard of hearing. Facilities shall permit detainees with disabilities the opportunity to submit requests for the auxiliary aid of their preference.? (Section .V. G) Standard 6.3: Law Libraries and Legal Material I ?When requested and where resources permit, facilities shall provide detainees meaningful access to law libraries, legal materials, and related materials on a regular schedule and no less than 15 hours per week.? (Section 11.3) 1-000 8/ Attachment A 2011 OPTIMAL PROVISIONS: Essex County Corrections Fociligz In addition to the current requirements in the IGSA, the Essex County Corrections Facility will comply with the following optimal requirements under the ICE 201 lPerformance Based National Detention Standards 201 1) at no additional cost to the agency: - . Standard 2.1: Admission and Release 0 ?Whenever possible, medical personnel shall be present to observe the strip search of a transgender detainee.? (Section 17.3.4.6) Standard 4.3: Medical Care - 0 ?Medical facilities within the detention facility shall achieve and maintain current accreditation with the standards of the National Commission on Correctional Health Care and shall maintain compliance with those standards.? (Section 11.1) - ?Adequate space and staf?ng for the use of services of the ICE Tole-Health Systems, inclusive of teIe-radiology (ITSP) and teIe-medicine, shall be provided.? (Section [1.28) ?The facility, when equipped with appropriate technology and adequate space, shall provide for the use of services of the ICE Tele-Health Systems, inclusive of tele-radiology (ITSP), . and tele-medicine.? (Section VDD) Standard 4.4: Medical Care (Women) 0 ?The facility?s provision of gynecological and obstetrical health care shall be in compliance with standards set by the National Commission on Correctional Health Care (N (Section 11.1) Standard 4.6: Signi?cant Self?Harm and Suicide Prevention and Intervention - ?The facility shall be in compliance with standards set by the National Commission on Correctional Health Care in its provision of preventive supervision, treatment, and therapeutic follow-up for clinically suicidal detainees or detainees at risk for signi?cant self-harm.? (Section 11.3) Standard 4.7: Terminal Illness, Advance Directives, and Death I ?The facility shall be in compliance with standards set by the National Commission on Correctional Health Care in its provision of medical care to terminally ill detainees.? (Section 11.2) Standard 5.4: Recreation 0 ?Facilities operating at the optimal level shall offer access to reading materials, through libraries with regular hours, book carts or other means. Reading materials in English, Spanish and, if practicable, other languages, should be made available.? (Section VP) I ?Facilities shall offer other programmatic activities, such as: 4. educational classes or speakers; 5. sobriety programs such as alcoholics anonymous; and 6. other organized activities or recreational programs.? (Section VF) Standard 5.6: Telephone Access . 0 ?Facilities shall be operating at the optimal level when at least one telephone is provided for every ten detainees.? (Section ?Consistent with the order and safety of the facility, the facility may allow for use of other equipment such as video relay and video phones for detainees who are deaf or hard of hearing. Facilities shall permit detainees with disabilities the opportunity to submit requests for the auxiliary aid of their preference.? (Section V. G) - 1-0008! P00002 Attachment A Standard 6.3: Law Libraries and Legal Material I ?When requested and where resources permit, facilities shall provide detainees meaning?il access to law libraries, legal materials, and related materials on a regular schedule and no less than 15 hours per week.? (Section 11.3) Attachment QUALITY ASSURANCE SURVEILLANCE PLAN 1. INTRODUCTION Quality Assurance Surveillance Plan (QASP) is based on the premise that the Service Provider, and not the Government, is responsible for the day-to-day operation of the Facility and all the management and quality control actions required to meet the terms of the Agreement. The role of the Government in quality assurance is to ensure performance standards are achieved and maintained. The Service Provider Shall develop a comprehensive program of inspections and monitoring actions and document its approach in a Quality Control Plan (QCP). The Service Provider?s QCP, upon approval by the Government, will be made a part of the resultant Agreement. . This QASP is designed to'provide an effective surveillance method to monitor the Service Provider?s perfOrmance relative to the requirements listed in the Agreement. The QASP illustrates the systematic method the Government (or its designated representative) will use to evaluate the services the Service Provider is required to furnish. This QASP is based on the premise the Government will validate that the Service Provider is complying with ERO?mandatedquality standards in operating and maintaining detention facilities. Performance standards address all facets of detainee handling, including safety, health, legal rights, facility and records management, etc. Good management by the Service Provider and use of an approved QCP will ensure that the Facility is Operating within acceptable quality levels. 2. DEFINITIONS Performance Requirements Summary (Attachment A): The Performance Requirements Summary (PRS) communicates what the Government intends to qualitatively inspect. The PRS - is basedon the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF) and ICE 2011 Performance Based National Detention Standards The PRS identi?es performance standards grouped into nine functional areas, and quality levels essential for successful performance of each requirement. The PRS is used by ICE when conducting quality assurance surveillance to guide them through the inSpection and review processes. Functional Area: A logical grouping of performance standards. Contracting Officer?s Technical Representative (COTR): The COTR interacts with the Service Provider to inspect and accept services/work performed in accordance with the technical standards prescribed in the Agreement. The Contracting Of?cer issues a written memorandum that appoints the COTR. Other individuals may be designated to assist in the inSpection and quality assurance surveillance activities. Performance Standards: The performance standards are established in the ERO ICE 2011 at gov/detention-standards/201 as well as the ACA standards for . ALDF. Other standards may also be de?ned in the Agreement. Attachment Measures: The method for evaluating compliance with the standards. Acceptable Quality Level: The minimum level of quality that will be accepted by ICE to meet the performance standard. Withholding: Amount of invoice payment withheld pending correction of a de?ciency. See Attachment A for information on the percentages of an invoice amount that may be withheld for each functional area. Funds withheld from payment are recoverable (See Sections 7 and 8) if the COTR and Contracting Of?cer con?rm resolution or correction, and should be included in the next month?s invoice. Deduction: Funds may be deducted from a invoice for an egregious act or event, or if the same de?ciency continues to occur. The Service Provider will be noti?ed immediately if such a situation arises. The Contracting Of?cer in consultation with the ERO will determine the amount of the deduction. Amounts deducted are not recoverable. 4. QUALITY CONTROL PLAN The Service'Provider shall deveIOp, implement, and maintain a Quality Control Plan (QCP) that illustrates the methods it will use to review its performance to ensure it conforms to the performance requirements. (See'Attachment A for a summary list of performance requirements.) Such reviews shall be performed by the Service Provider to validate its operations, and assure ICE that the services meet the performance standards. The Service Provider?s QCP shall include monitoring methods that ensure and demonstrate its compliance with the performance standards. This includes inspection methods and schedules 1 that are consistent with the regular reviews conducted by ERO. The reports and other results generated by the Service Provider?s QCP activities should be provided to the COTR as requested. The frequency and type of the Service Provider?s reviews should be consistent with what is necessary in order to ensure compliance with the performance standards. The Service Provider is encouraged not to limit its inspection to only the processes outlined in the however, certain key documents shall be produced by the Service Provider to ensure that the services meet the performance standards. Some of the documentation that shall be generated and made available to the COTR for inspection .is listed below. The list is intended as illustrative and is not all-inclusive. The Service Provider shall develop and implement a program that addresses the speci?c requirement of each standard and the means it will use to document compliance. - Written policies and procedures to implement and assess operational requirements of the standard - Documentation and record keeping to ensure ongoing operational compliance with the standards inventories, logbooks, register of receipts, reports, etc.) - Staff training records 0 Contract discrepancy reports (CDRs) Investigative reports lu0008/P00002 Attachment - Medical records - Records of investigative actions taken - Equipment inspections 0 System tests and evaluation 5. METHODS OF SURVEILLANCE ICE will monitor the Service Provider?s compliance with the Performance Standards using a variety of methods. All facilities will be subject to a full annual inspection, which will include a review of the Service Provider?s QCP activities. In addition, ICE may conduct additional routine, follow-up, or unscheduled ad hoc inspections as necessary (for'instance, as a result of unusual incidents or data re?ected in routine monitoring). ICE may also maintain an onesite presence in some facilities in order to conduct more regular or frequent monitoring. Inspections and monitoring may involve direct observation of facility conditions and operations, review of documentation (including QCP reports), and/or interviews of facility personnel and detainees. 5.1 Documentation Requirements: The Service Provider shall develop and maintain all documentation as prescribed in the post logs, policies, and records of corrective actions). In addition to the documentation prescribed by the standards, the Service Provider shall also deVelop and maintain documentation that demonstrates the results of its own inspections as prescribed in its QCP. The Government may review 1- 00% of the documents, or a representative sample, at any point during the period of performance. - 6. FUNCTIONAL PERFORMANCE AREAS AND STANDARDS To facilitate the performance review process, the required performance standards are organized into nine functional areas. Each functional area represents a proportionate share weight) of the invoice amount payable to the Service Provider based on meeting the performance standards. Payment withholdings and deductions will be based on these percentages and weights applied to the overall invoice. ICE may, consistent with the scope the Agreement, unilaterally change the functional areas and associated standards af?liated with a speci?c functional area. The Contracting Of?cer will notify the Service Provider at least 30 calendar days in advance of implementation of the new standard(s). If the Service Provider is not provided with the noti?cation, adjustment to the new standard shall be made within 30 calendar days after noti?cation. If any change affects pricing, the Service Provider may submit a request for equitable price adjustment in accordance with the ?Changes? clause. ICE reserves the right to develop and implement new inspection techniques and instructions at any time during performance without notice to the Service Provider, so long as the standards are not more stringent than those being replaced. 7. FAILURE TO MEET PERFORMANCE STANDARDS Performance of services in conformance with the PRS standards is essential for the Service Provider to receive full payment as identi?ed in the Agreement. The Contracting Of?cer may take withholdings or deductions against the invoices for unsatisfactory performance documented through surveillance of the Service Provider?s activities gained through site inspections, reviews of documentation (including QCP reports), interviews and other - 3 Attachment feedback. As a result of its surveillance, the Service Provider will be assigned the following rating relative to each performance standard: Rating Description Acceptable Based on the measures, the performance standard i demonstrated. De?cient Based on the measures, compliance with most of the attributes of the performance standard is demonstrated or observed with some area(s) needing improvement. There are no critical areas of unacceptable performance At-Risk Based on the performance measures, the majority of a performance standard?s attributes are not met. Using the above standards as a guide, the Contracting Of?cer Will implement adjustments to the Service Provider?s invoice as prescribed in Attachment A. Rather than withholding funds until a de?ciency is corrected, there may be times when an event or a de?ciency is so egregious that the Government deducts (vs. ?withholds?) amounts from the Service Provider?s invoice. This may happen when a signi?cant event occurs, when a particular de?ciency is noted multiple times without correction, or when the Service Provider has failed to take timely action on a de?ciency about which he was properly and timely noti?ed. The amount deducted Will be consistent with the relative weight of the functional performance area where the de?ciency was noted. The deduction may be a one-time event, or may continue until the Service Provider has either corrected the de?ciency, or made substantial progress in the correction. Further, a de?ciency found in one functional area may tie into another. If a detainee escaped, for example, a de?ciency would be noted in ?Security,? but may also relate to a de?ciency in the area of ?Administration and Management.? In no event will the withhold or deduction exceed 100% of the invoice amount. 8. NOTIFICATIONS Based on the inspection of the Service Provider?s performance, the COTR will document instances of de?cient or at?risk performance noncompliance with the standard) using the CDR located at Attachment B. To the extent practicable, issues should be resolved informally, with the COTR and Service Provider working together. When documentation of an issue or de?ciency is required, the procedures set forth in this section will be followed. When a CDR is required to document performance issues, it will be submitted to the Service Provider with a date when a reSponse is due. Upon receipt of a CDR, the Service Provider shall immediately assess the situation and either correct the de?ciency as quickly as possible or prepare a corrective action plan. In either event, the Service Provider shall return the CDR with the action planned or taken noted. After the COTR reviews the Service Provider?s response to the CDR including its planned remedy or corrective action taken, the COTR will either accept the plan or correction or reject the correction or plan for revision and provide an 4 Attachment explanation. This process should take no more than one week. The CDR shall not be used as a substitute for quality control by the Service Provider. The COTR, in addition to any other designated ICE of?cial, shall be noti?ed immediately in the event of all emergencies. Emergencies include, but are not limited to the following: activation of disturbance control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work-place violence, civil disturbances, or protests); staff use of force including use of lethal and less-lethal force (includes detainees in restraints more than eight hours); assaults on staff or 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 or snow storms, heat waves, tornadoes); fence damage; power outages; bomb threats; signi?cant environmental problems that impact the Facility operations; transportation accidents resulting in injuries, death or property damage; and sexual assaults. Note that in an emergency situation, a CDR may not be issued until an investigation has been completed. If the COTR concludes that the de?cient or at-risk performance warrants a withholding or deduction, the COTR will include the CDR in its report, with a copy to the Contracting Of?cer. The CDR will be accompanied by the investigation report and written recommendation for any withholding. The Contracting Of?cer will consider the recommendation and forward the CDR along with any relevant supporting information to the Service Provider in order to con?rm or further discuss the prospective cure, including the Government?s proposed course of action. As described in section 7 above, portions of the invoice amount may be withheld until such time as the corrective action is completed, or a deduction may be taken. Following receipt of the Service Provider?s noti?cation that the correction has been made, the COTR may re-inspect the Facility. Based upon the ?ndings, he or she will recommend that the Contracting Of?cer continue to withhold a proportionate share of the payment until the correctiOn is made, or accept the correction as 'fmal and release the amount withheld for that issue. If funds have been withheld and either the Government or the Service Provider terminates the Agreement, those funds will not be released. The Service Provider may only receive withheld payments upon successful correction of an instance of non-compliance. Further, the Service Provider is not relieved of full performance of the required services hereunder; the Agreement may be terminated upon adequate notice from the Government based upon any one instance, or failure to remedy de?cient performance, even if a deduction was previously taken for any inadequate performance. The COTRwill maintain a record of all open and resolved CDRs. Attachment 9. DETAINEE OR MEMBER OF THE PUBLIC COMPLAINTS The detainee and the public are the ultimate recipients of the services identi?ed in this Agreement. Any complaints made known to the COTR will be logged and forwarded to the Service Provider for remedy. Upon noti?cation, the Service Provider shall be given a pre- speci?ed number of hours after verbal noti?cation from the COTR to address the issue. The Service Provider shall submit documentation to the COTR regarding the actions taken to remedy the situation. If the complaint is found to be invalid, the Service Provider shall document its ?ndings and notify the COTR. 10. ATTACHMENTS A. Performance Requirements Summary B. Contract Discrepancy Report Attachment A Performance Requirements Summary FUNCTIONAL PERFORMANCE STANDARD WITHHOLDING CRITERIA WEIGHT 2011) Safety References: Part 1 - SAFETY A Contract Discrepancy Report that cites Addresses a safe work environment for staff, volunteers, contractors and detainees 1.1 Emergency Plans; 1.2 Environmental Health and Safety; 1.3 Transportation (by Land). violations of cited and PWS (contract) sections that provide a safe work environment for staff, volunteers, contractors and detainees, permits the Contract Of?cer to withhold or deduct up to 20% of a month invoice until the Contract Of?cer determines there is full. compliance with the standard or section. Security - Addresses protection of the community, staff, contractors, and detainees from harm References: Pa rt 2 - SECURITY 2.1 Admission and Release; 2.2 Classification System; 2.3 Contraband; 2.4 Facility Security and Control; 2.5 Funds and Personal Property; 2.6 Hold Rooms in Detention Facilities; 2.7 Key and Lock Control; 2.8 Population Counts; 2.9 Post Orders; 2.10 Searches of Detainees; 2.1 I Sexual Abuse and Assault Prevention and Intervention; 2.12 Special Management Units; 2.13 Staff-Detainee Communication; 2.14 Tool Control; 2.15 Use of Force and Restraints. A Contract Discrepancy Report that cites violations of and PWS (contract) sections that protect the community, staff, contractors, volunteers, and detainees from harm, permits the Contract Officer to withhold or deduct up to 20% of a invoice until the Contract Officer determines there is full compliance with the standard or section. Order (10 Addresses contractor responsibility to - maintain an orderly environment with clear expectations of behavior and systems of accountability Reference: Part 3 ORDER 3.1 Disciplinary System. A Contract Discrepancy Report that cites violations of and PWS (contract) sections that maintain an orderly environment with clear expectations of behavior and systems of accountability permits the Contract Officer to withhold or deduct up to 10% of a invoice until the Contract Officer determines there is full compliance with the standard of section. Care Addresses contractor responsibility to provide, for the basic needs and personal care of References: Part 4 - CARE Food Service; 4.2 Hunger Strikes; 4.3 Medical Care; 4.4 Personal Hygiene; A Contract Discrepancy Report that cites 'violations of and PWS (contract) sections that provide for the basic needs and personal care of detainees, permits the Contract Officer to withhold or deduct up detainees 4.5 Suicide Prevention and intervention; to 20% of a invoice until the 4.6 Terminal Illness, Advanced Contract Officer determines there is full Directives, and Death. compliance with the standard or section. Activities References: Pa rt 5 - A Contract Discrepancy Report that cites Addresses contractor responsibilities to reduce ACTIVITIES 5.1 Correspondence and Other Mail; violations of and PWS (contract) sections that reduce the negative effects of the negative effects of 5.2 Escorted Trips for Non-Medical con?nement permits the Contract Of?cer con?nement Emergencies; to withhold or deduct up to 10% of a 5.3 Marriage Requests; invoice until the Contract O?icer 5.4 Recreation; determines there is ?rll compliance with the 5.5 Religious Practices; standard or Section. 5.6 Telephone Access; Visitation; 5.8 Voluntary Work Program. Justice References: Part 6 - JUSTICE A Contract Discrepancy Report that cites Addresses contractor responsibilities to treat detainees fairly and respect their legal rights 6.1 Detainee Handbook; 6.2 Grievance System; 6.3 Law Libraries and Legal Materials; 6.4 Legal Rights Group Presentations. violations of and PWS (contract) sections that treat detainees fairly and respect their legal rights, permits the Contract Of?cer to withhold or deduct up to 10% of a invoice until the Contract Officer determines there is full compliance with the standard or section. Attachment A 4 Performance Requirements Summary FUNCTIONAL AREAI PERFORMANCE STANDARD WITHHOLDING CRITERIA WEIGHT 2011) Administration and References: Part ?7 - A Contract Discrepancy Report that cites Management vioiations of and PWS (Contract) Addresses contractor MANAGEMENT sections that require the Contractor?s responsibilities to administer and manage the facility in a professional and responsible manner cunsistent with legal requirements 7.1 Detention Files; 7.2 News Media Interviews and Tours; 7.3 Staff Training; 7.4 Transfer of Detainees; Accommodations for the Disabled, 4- administration and management of the facility in a professional and reSponsible manner consistent with legal requirements, permits the Contract O?icer to withhold or deduct up to 10% of a invoice until the Contract O?icer determines there is full compliance with the standard or section. Workforce Integrity Addresses the adequacy of the detention/correctional of?cer hiring process, staff training and licensing/certi?cation and adequacy of systems Staff Background and Reference Chec ks (Contract) Staff Misconduct Staf?ng Pattern Compliance within 10% of required (Contract) 2A-l4 Staff Training, Licensing, and Credentialing (Contract) 05, A Contract Discrepancy Report that cites violations of the ALDF Standards associated with Workforce Integrity and PWS (centract) sections permits the Contract Of?cer to withhold or deduct up to 10% of a invoice until the Contract Of?cer determines there is full compliance with the standard or section. Detainee Discrimination Addresses the adequacy of policies and procedures to prevent discrimination against detainees based on their gender, race, religion, nation'al'Orig'in, or disability Discrimination Prevention 02-03 A Contract Discrepancy Report that cites violationsof the ALDF Standards associated with Detainee Discrimination and PWS (contract) sections permits the Contract Of?cer to withhold or deduct up to 10% of a invoice until the Contract Of?cer determines there is full compliance with the standard or section. Attachment Contract Discrepancy Report CONTRACT DISCREPANCY REPORT 1. CONTRACT NUMBER Report Number: Date: 2. TO: (Contractor and Manager Name) 3. FROM: (Name of COTR) DATES CONTRACTOR NOTIFICATION CONTRACTOR RESPONSE DUE RETURNED BY CONTRACTOR ACTION COMPLETE 4. DISCREPANCY OR PROBLEM (Describe in Detail: inciude re?zrence in PWS Directive: Attach continuation sheet if necessary.) 5. SIGNATURE OF CONTRACTING OFF TECHNICAL REPRESENTATIVE (COTR) 7. FROM: (Contractor) 6. T0: (com) 3- CONTRACTOR RESPONSE AS TO. CAUSE, .CQRRECTIYEACTIONANDACTIONS TO PREVENTRECURRENCE. ATTACH CONTINUATION SHEET IF appiicabie QA. program procedures or new A. W. procedures.) 9. SIGNATURE OF CONTRACTOR REPRESENTATIVE 10. DATE 11. GOVERNMENT EVALUATION OF CONTRACTOR RESPONSEIRESOLUTION PLAN: (Acceptabie response/?an, portiai' acceptance ofresponse/pian, rejection: attach continuation sheet ifnecessary) 12. GOVERNMENT ACTIONS (Pawtent withholding. cure notice. Show cause. other.) CLOSE OUT NAME AND TITLE SIGNATURE DATE CONTRACTOR NOTIFIED COTR CONTRACTING OFFICER B-l ICE.2012FOIA3030000552 AMENDMENT OF SOLICITATIONINIODIFICATION OF CONTRACT 1' CONTRACT "3 CODE PAGE OF PAGES 1 4 2. AMENDMENTIMODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITIONIPU RCHASE REO. NO. 5. PROJECT NO. (trappticabte) P00003 See Block 16C 6. BY CODE I CE DM DC 7. ADMINISTERED BY {Ifotherttien item 6) CODE CE 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 Washington DC 20536 Washington DC 20536 8. NAME AND ADDRESS OF CONTRACTOR (No. street, county. State and ZIP Code) 00 9A. AMENDMENT OF SOLICITATION NO. ESSEX COUNTY OF 354 DOREMUS AVE - 98. DATED (SEEITEM 10 NEWARK NJ 071021501 10A. MODIFICATION OF NO. IOB. DATED ITEM 13) CODE 6097046?t10000 06/29/2011 I 11. THIS ONLY APPLIES TO AMENDMENTS OF SOLICITATIDNS DThe above numbered solicitation is amended as set forth in item 14. The hour and date speci?ed for receipt of Offers at; is extended. :3 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 foltowing 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 (C) By separate letter or tetegram which inctudes a reterence to the soticitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED 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 atready submitted. such change may be made by telegram or tetter. provided each telegram or letter makes reference to the solicitation and this amendment. and is received prior to the opening hour and date speci?ed. - 12. ACCOUNTING AND APPROPRIATION DATA {tfrequtred} See Schedule 13. THIS ONLY APPLIES TO MODIFICATION OF CONTRACTSIORDERS. lT MODIFIES THE NO. AS DESCRIBED IN ITEM 14. 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 of?ce, appropnalton date. etc.) SET FORTH tN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 0. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: O. OTHER {Specinr type of modi?cation and authority} Unilateral Modifciation; Update Invoice Instructions 5. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing Of?ce. 14. DESCRIPTION OF AMENDMENTIMODIFICATION (Organized by UCF section headings, inctudt'ng solicitation/contract subject matter where feasible.) DUNS Number: 609704671 The purpose of this modification is to update the Invoicing Language. Exempt Action: 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. InvoiCing Instructions: Service Providers/Contractors shall use these procedures when submitting an invoice. Continued Except as provided herein. all terms and conditions of the document referenced in Item 9A at 10A. as heretofore changed, remains unchanged and in fuIl force and effect. 15A. NAME AND TITLE OF SIGNER (Type orprint) NG OFFICER (Type orprint) 15B. 150. DATE SIGNED 160. DATE SIGNED I 22 {Signature of person authorized to Sign) 08!) 7 NSN 7540-01-152?8070 STANDARD FORM 30 (Re?t. 104635 Previous edition unusable Prescribed by GSA FAR {48 CFR) 53.243 PAGE OF SHEET 2 4 NAME OF OFFEROR OR CONTRACTOR ESSEX COUNTY OF ITEM NO. QUANTITY UNIT UNIT PRICE AMOUNT (Invoice Submission: Invoices shall be submitted in a .pcf format on a basis via email to: (bx6x(bx7xm lice.dhs.gov Each email shall contain only one (1) invoice and the subject line of the email will annotate the invoice number. The emailed invoice shall include the bill to address shown below: DHS, ECE Financial Operations Burlington P.O. Box 1620 ATTN: Williston, VT 05495?1620 Note: the Service Providers or Contractors Dunn and Bradstreet DUNS Number must be registered in the System for Award Management (3PM) at prior to award and shall be notated on every invoice submitted to ensure prompt payment provisions are met. The ICE program office identified in the task order/contract shall also be notated on every invoice. 2. Content of Invoices: Each invoice submission snall ccntain the following information: Name and address of the Service Provider/Contractor. the: the name, address and DUNS number on the invoice MUST match the informatior ir both the Contract/Agreement and the information in the SAM. If payment is remitted to another entity, the name, address and DUNS information of ttat entity must also be provided which will require Government verification before payment can be processed; (ii) Dunn and Bradstreet DUNS Number; Invoice date and invoice number; (iv) Agreement/Contract number, contract line item number and, if applicable, the order number; Description, quantity, unit of measure, unit price, extended price and period of performance of the items or services delivered; (Vi) Shipping number and date of shipment, includi1g the bill of lading number and weight of shipment if shipped on Government bill of ladirg; (vii) Terms of any discount for prompt payment offered; Remit to Address; (ix) Name, title, and phone number of person to notify ir event of defective invoice; and 3. Invoice Supporting Documentation. In order to ensure payment, the vendor must also submit supporting documentation to the Contrazting Cfficers Representative (COR) identified in the contract as described below. Supporting documentation shall be submitted to the COR or contract Point of Contact (POC) identified in the contract or task order with all invoices, as appropriate. See paragraph 4 for details regarding the safeguarding of information. Invoices without documentation to support invoiced items, containing charges for items cuteide the scope of the contract, or not based on the most recent contract base cr modification rates will Continued NSN OPTIONAL FORM 336 (4-86} Sponsored by GSA REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET ?own 3 NAME OF OFFEROR OR CONTRACTOR ESSEX COUNTY OF ITEM NO. SUPPLIESTSERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (E) be considered improper and returned for resubmission. documentation requirements include: Firm Fixed Price items (items not subject to any adjustment on the basis of the contractors cost experience, such as pre?established guaranteed ninimums for detention or transportation): do not require detailed supporting documentation unless specifically requested by the Government. Fixed Unit Price Items {items for allowable incurred costs, such as detention and/or transportation services with no defined minimum quantities, stationary guard or escort services, transportation mileage or other Minor Ctarges such as sack lunches and detainee wages}: shall be fully supported with cocumentation substantiating the costs and/or reflecting the established price in the contract and submitted in .pdf format. Detention Services: (1) Bed day rate; . (2) Residents/detainees check-in and check?out dates; (3) Number of bed days multiplied by the bed day rate: (4) Name of each detainee; Residents/detainees identification information Transportation Services: (1) The mileage rate being applied for that invoice. (2) billing reports listing transportation services provided; nu ber Of miles; transportation routes provided; locations servicec ard/Or names/n mbers Of detainees transported; an itemized listing of all other charges; and, for reimbursable expenses travel expenses, special meals, etc.) copies of all receipts. Stationary Guard Services: (1) The itemized invoice shall state the nimber cf tours being billed, the duration of the billing (times and dates) and the Tame Of tte that was/were guarded. Other Direct Charges: 7 The invoice shall include appropriate supporting documentation for any direct charge billed for reimbursement. 4. Safeguarding Information: As a contractor or vendor concucting business with Immigration and Customs Enforcement you are required to comply with DHS Policy regarding the safeguarding of Sensitive Personally lcentifiable information (PII). Sensitive PII is information that identifies an individual, including an alien, and could result in harm, embarrassment, inconvenience or unfairness. Examples of Sensitive PII include information such as: Social Security Numbers, Alien Registration Numbers (A~Numbers), or combinations cf information such as the individualgs name or other unique identifier and lel date cf birth, citizenship, or immigration status. As part Of your Obligation to safeguard informati01, the follow precautions are Continued NSN Tao-01452806? FORM 336 (4-86} Sponsored by GSA FAR (43 CFR) 53.110 ICE.2012FOIA3030000555 PAGE OF CONTINUATION SHEET 4 4 NAME OF OFFEROR 0R CONTRACTOR ESSEX COUNTY OF ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) required: Email supporting documents containing Sensitive PII in an attachment with password sent separately. Never leave paper documents containing Sensitive PI: unattended and unsecure. When not in use, these documents will be locked in drawers, cabirets, desks, etc. so the information is not accessible to those without a need to kncw. Use shredders when discarding paper documents containing Sensitive PII Refer to the DHS Handbook for Safeguarding Sensitive Persoeally Identifiable Information (March 2012) found at . ok?march2012.pdf for more information on and/or examples of Sensitive PII. 5. If you have questions regarding oavment. please contact ICE Financial Operations at e?mail at hs.gov NSN ?lm-014525806? OPTIONAL FORM 335 (4-86} Sponsmed by GSA (48 53.110 FAR ((b)(6), )( ) ((b)(7)c )( ) (b))(6), (b (6), (b)(7 (b)(7)c ( )( )), (b)( (b)(6), ((b)(7)c )( ) (b)(6), (b)(7)c ((b b)( )(6), (b)(7 7)c (b b)(6), (b)(7 7)c (b)(6), (b)(7)c (b)(6), (b)(7)c JUNE 2015 ICE2012FOIA03030.000528 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 2 2 NAME OF OFFEROR OR CONTRACTOR ESSEX COUNTY OF ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) There is no funding associated with this modification. Exempt Action:_Y in full force and effect. All other terms and conditions remain unchanged an NSN 7546017152306? JUNE 2015 OPTIONAL FORM 33601-85) Sponsored by GSA FAR (48 CFR) 53.110 (b)(6), (b)(7)c (b b)(6), b (6), (b)(7 (b)(7)c (b)(7) ((b)(6), )( ), (b)(7)c ( )( ) (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(((6),, (b)( (b) ( (7 7)c ((b)(6), )( ), ((b)(7)c )( ) (b)(((6), (b) 6),, (b)( (b)(7))c (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c (b)(6), (b)(7)c JUNE 2015 ICE2012FOIA03030.000530 REFERENCE no OF uncumem name CDHTIHLIED PAGE OF 3 NAME OF OFFERDR DR CONTRACTOR ESSEX COUNTY OF nEMno Dmu?nY (C) UNIT UNIT PRICE (E1 AMDMH (F) SUPPuesmEches (B) 1} Wage Determination Number: 2005?2353. Rev. 15f Dated: 12f22f14 Area Wide (Non Collective Bargaining Employees} Wage Determination applicable to CFG and CEC. 2} Wage Determination Number: 2005-2353. Rev. 14, Dated: 08f05fld Area Wide (Non Collective Bargaining Employees} Wage Determination applicable to CFG and CEC. 3} Wage Determination Number: 2005-2353. Rev. 13, Dated: 06f25i13 Area Wide (Non Collective Bargaining Employees} Wage Determination applicable to CFG and CEC. d} Wage Determination Number: 2005?2353. Rev. 12, Dated: 06f09/12 Area Wide (Non Collective Bargaining Employees} Wage Determination applicable to CFG and CBC. 5} Wage Determination Number: 2005?2353. Rev. 11. Dated: 06/lT/11 Area Wide [Non Collective Bargaining Employees} Wage Determination (WD) applicable to CFG and CBC. 6] Wage Determination Number: Rev 0, Dated: 04108/2015. CBA WD - District 1199J applicable to CBA employees. 7} Wage Determination Number: DEA-2011-4311. Rev 1, Dated: 04f0312015. CBA WD IBEW 1158 {Essex} applicable to CBA employees. 8} Wage Determination Number: Rev 1. Dated: Ddf0812015. CBA WD IDUB {Essex} applicable to CBA employees. 9} Wage Determination Number: Rev 1Ir Dated: 04/08/2015. CBA WD - PEA 382 [Essex] applicable to CBA employees. 10} The following Collective Bargaining Agreement has yet to be modified or updated and still applies: a. Wage Determination Number: Rev D, Dated: 06121f2011. CBA WD - FOP applicable to CBA employees. All other terms and conditions remain unchanged Continued JUNE 2015 FAR 110 REFERENCE NO OF BEING CONTINUED ca?n?mnm SHEET 3 we or OFFERDR on comma ESSEX COUNTY OF HEM no SUPPLIESISERVICES aumrm uurr umr PRICE AMOUNT (All (Bl {Cl (F) and in full force and effect. Exempt Action: Period of Performance: to DBIIOIZGIG Till-0|- 0mm 335 (4-36} wash JUNE 2015 FAR ?a 110 EROIGSA-11-0008 01 August 2011 ATTACHMENT (6) Essex County Correctional Facility Delaney Hall Center PERFORMANCE WORK STATEMENT 1 ICE.2012FOIA3030000557 EROIGSA-11-0008 01 August 2011 Table of Contents I. INTRODUCTION A. Background B. Purpose C. Scope of Work Performance D. Explanation of Terms/Acronyms II. GENERAL INFORMATION A. Introduction B. General C. Quality Control D. Quality Assurance (QA) E. Service Provider's Failure to Perform Required Services F. Inspection by Regulatory Agencies G. Performance Evaluation Meetings H. Service Provider's Employee Manual I. Facility Staffing Plan and Key Personnel 1. Minimum Staffing Requirements 2. Supervisory Staffing 3. Organizational Chart J. Employee Standards K. Training Program L. Housing, Health, and Medical Care 1. Detention Site Standards 2. Health and Medical Care 3. Medical Services 4. Facility Requirements for Infectious Disease Screening 5. Tuberculosis Screening 6. Tele-radiology Service Provider 7. Medical Care for Women M. Transportation Services N. Guard Services O. Establish and Maintain Program for Prevention of Sexual Abuse/Assault III. PERSONNEL A. Minimum Standards of Employee Conduct B. Minimum Personnel Qualification Standards C. Health Requirements for All Detention Officers D. Random Drug Testing E. Contraband Program and Inspection F. Removal from Duty G. Tour of Duty Restrictions H. Dual Positions I. Post Relief J. Personnel Files K. Uniform Requirements 2 6 6 6 8 8 16 16 17 19 19 21 21 21 21 22 22 23 23 23 23 23 23 24 25 29 29 30 30 30 33 33 34 34 35 36 37 37 37 39 39 39 40 40 ICE.2012FOIA3030000558 EROIGSA-11-0008 01 August 2011 1. Uniforms 2. Identification Credentials L. Permits and Licenses 1. Business Permits and Licenses 2. Licensing of Employees 3. Jurisdiction M. Encroachment N. Work Schedules 1. Post Work Schedules 2. Starting and Stopping Work 3. Recording Presence 4. Rest Periods 5. Work Relief 6. Hospitalization of Detainees IV. BACKGROUND AND CLEARANCE PROCEDURES A. Security Requirements B. General C. Suitability Determination D. Background Investigation E. Transfers from other DHS contracts F. Continued Eligibility G. Employment Eligibility H. Security Management I. Information Technology Security Clearance J. Information Technology Security Training and Oversight K. Initial Drug Testing L. Training 1. General Training Requirements 2. Basic Training Subjects 3. Refresher Training 4. Basic First Aid and CPR Training 5. Supervisory Training 6. Proficiency Testing 7. Certified Instructors 8. Training Documentation V. REQUIRED SERVICES - ADMINISTRATION AND MANAGEMENT A. Manage Information System for Collecting B. Manage the Receiving and Discharge of Detainees C. Manage and Account for Detainee Assets (funds, property) D. Securely Operate the Facility E. Establish and Maintain a Program for the Prevention of Sexual Abuse/Assault F. Establish and Maintain a Program for Suicide Prevention and Intervention G. Program Offerings to ICE Detainees H. Enforce the Detainee Disciplinary Policy 3 40 40 41 41 41 41 42 42 42 42 42 43 43 43 45 45 45 45 46 47 48 48 49 49 50 50 51 51 51 53 53 53 54 54 55 56 56 56 56 57 57 57 57 58 ICE.2012FOIA3030000559 EROIGSA-11-0008 01 August 2011 I. J. K. L. M. N. VI. VII. VIII. IX. X. XI. Administrative Segregation Policy Maintain Detainee Accountability Collect and Disseminate Intelligence Information Provide Security Inspection System Maintain Institutional Emergency Readiness Manage Computer Equipment and Services in Accordance with all Operational Security Requirements FACILITY SECURITY AND CONTROL A. Security and Control (General) B. Unauthorized Access C. Direct Supervision of Detainees D. Logbooks E. Records and Reports F. Detainee Counts G. Daily Inspections H. Control of Contraband I. Keys and Access Control Devices J. Control of Chemicals K. Post Orders L. Deviation from Prescribed Schedule Assignments M. Use of Force Policy N. Use of Restraints Policy O. Intelligence Information P. Lost and Found Q. Escapes R. Correspondence and Other Mail S. Evacuation Plan T. Injury, Illness, and Reports U. Protection of Employees V. Medical Requests W. Emergency Medical Evaluation X. Detainee Death of Injury Y. Sanitation and Hygienic Living Conditions DETAINEE RIGHTS, RULES, DISCIPLINE, AND PRIVILEGES A. General MANAGE A DETAINEE WORK PROGRAM A. General HEALTH SERVICES A. Manage a Detainee Death in Accordance with the 2008 PBNDS on Terminal Illness, Advance Directives, and Death FOOD SERVICE A. Manage Food Service Program in a Safe and Sanitary Environment DETAINEE SERVICES AND PROGRAMS A. Manage Detainee Clothing, Linen, and Bedding B. Manage Multi-Denominational Religious Services Program 4 58 59 59 59 60 61 62 62 62 62 62 63 63 64 64 64 65 65 65 65 66 67 67 67 68 68 68 68 68 69 69 69 70 70 71 71 72 72 73 73 74 74 74 ICE.2012FOIA3030000560 EROIGSA-11-0008 01 August 2011 C. Provide for a Detainee Recreation Program 74 D. Manage and Maintain a Commissary 75 E. Manage and Maintain a Detainee Telephone System 75 F. Visitation 76 G. Law Library 76 H. Library 77 I. Barber Shop 77 J. Language Access 77 K. Create and Manage a Detainee Representative Program 77 L. Physical Plant 77 XII. PROPERTY ACCOUNTABILITY 79 A. General 79 B. Facility, Equipment, Materials, Supplies, and Instructions Furnished by the Government 79 XIII. FIREARMS/BODY ARMOR 80 A. Firearms Requirement 80 B. Body Armor Requirements 81 XIV. Statement of Objectives 82 5 ICE.2012FOIA3030000561 EROIGSA-11-0008 01 August 2011 I. INTRODUCTION A. Background U.S. Immigration and Customs Enforcement (ICE) is the largest investigative agency in the U.S. Department of Homeland Security (DHS). Formed in 2003 as part of the federal government's response to the 9/11 attacks, the primary mission of ICE is to protect national security, public safety and the integrity of the U.S. borders through the criminal and civil enforcement of federal laws governing border control, customs, trade, and immigration. Within ICE, Enforcement and Removal Operations (ERO) is the primary enforcement arm for the identification, apprehension, and removal of illegal aliens from the United States. The resources and expertise of ERO are used to identify and apprehend persons subject to removal under the Immigration and Nationality Act (INA), to manage them while in custody, to facilitate their immigration court proceedings, and to enforce orders of removal from the United States. As part of this process, ERO maintains custody of one of the most highly transient and diverse populations of any correctional or detention system in the nation. These detainees are housed in over 250 authorized facilities nationwide including local facilities operating under intergovernmental service agreements (IGSA), seven private contract detention facilities (CDF), and six ICE owned service processing centers (SPC). All persons in the custody of ICE are "administrative detainees," who are only held in custody to assure their presence throughout the administrative hearing process and to ensure their presence for removal from the United States pursuant to a lawful final order by the Immigration Court, the Board of Immigration Appeals (BIA), or other Federal judicial body. B. Purpose This Performance Work Statement (PWS) is for the provision of detention services by an IGSA partner for a supervised facility to house ICE detainees of various classifications under the authority of the INA. The purpose of this PWS is to facilitate the provision of the necessary physical structure, equipment, facilities, personnel, and services to provide a program of care in a properly staffed and secure environment. The Service Provider shall ensure that the safekeeping, housing, subsistence, medical, and other program services provided to ICE detainees housed in the Delaney Hall facility is consistent with ICE's civil detention authority, the PWS, IGSA requirements and ICE standards referenced in this agreement. 6 ICE.2012FOIA3030000562 EROIGSA-11-0008 01 August 2011 The Service Provider shall ensure that the safekeeping, housing, subsistence, medical and other program services provided to ICE detainees housed in the Essex County facility is consistent with the PWS, IGSA requirements and ICE standards referenced in this agreement. 7 ICE.2012FOIA3030000563 EROIGSA-11-0008 C. 01 August 2011 Scope of Work Performance This Performance Work Statement (PWS) sets forth the Agreement's performance requirements for the provision of detention services by an IGSA partner for supervised facilities designed and operated specifically to house detainees classified by ICE classification standards as level one and/or low level two at the Delaney Hall Center and detainees classified by ICE Classification standards as high level two and/or three at the Essex County Jail. The Service Provider understands that a key goal of Immigration Detention Reform is to create a civil detention system that is not penal in nature and serves the needs of ICE to provide safe and secure conditions based on characteristics of a diverse population including an individual's perceived threat to the community, risk of flight, type and status of immigration proceeding, community ties, and medical and mental health issues. Under this Scope of Work, the Service Provider shall make available the number of detainee bed spaces outlined in Article 3 of the IGSA. The Service Provider will comply at a minimum with the 2008 Performance Based National Detention Standards (PBNDS), the Civil Detention Statement of Objectives (SOO), the Service Provider/Facility Operator's Responses to the SOO Request, and other requirements as indicated below. The ICE approved Service Provider plan for implementing the civil detention principles outlined in the SOO is attached as part of the PWS. ICE Inspectors or contract inspectors will conduct periodic inspections and reviews of the facility to assure compliance with the applicable Standards and Objectives. The results of these inspections may be posted for public review on the internet. These facilities will meet all the required standards and ICE policies. If a change in the standards identified herein results is a financial impact for the Service Provider, the Service Provider may request a waiver to the Standards or negotiate a change in per diem as a result of the change in scope of work. The Service Provider shall be responsible for detainee record keeping services and personal property in accordance with Section VI of the PWS. The Service Provider will create and update the records and the Government will store the records. All records will remain the property of the U.S. Government. D. Explanation of Terms/Acronyms 1. ADMINISTRATIVE CONTRACTING OFFICER (ACO): ICE employee responsible for contract compliance, contract administration, cost control, and reviewing COTR's assessment of Service Provider's performance. 8 ICE.2012FOIA3030000564 EROIGSA-11-0008 01 August 2011 2. CLOSED CUSTODY: A form of separation from the general population used when the continued presence of the detainee in the general population would pose a threat to life, property, self, staff, or other detainees or to the security or orderly running of the facility. This housing status also includes detainees who require protective custody, those who cannot be placed in the local population because they are en route to another facility (holdovers), those who are awaiting a hearing before a disciplinary panel, and those requiring separation for medical reasons. (NOTE: Whenever possible, detainees housed in Administrative segregation housing should be separated from detainees housed in Punitive Segregation housing. 3. ADULT LOCAL DETENTION FACILITY (ALDF): A facility which detains persons over the age of 18. (also, define Adult Community Residential Facility as it relates to Delaney Hall). 4. ALIEN: Any person who is not a citizen or national of the United States. 5. AMERICAN CORRECTIONAL ASSOCIATION (ACA): The American Correctional Association is the oldest and largest international correctional association in the world. ACA serves all disciplines within the corrections profession and is dedicated to excellence in every aspect of the field. 6. BOOKING: It is a procedure for the admission of an ICE detainee, which includes searching, fingerprinting, photographing, medical screening, and collecting personal history data. Booking also includes the inventory and storage of the individual's accompanying personal property. 7. BUREAU OF PRISONS (BOP): The U.S. Federal Bureau of Prisons protects society by confining offenders in the controlled environments of prisons and communitybased facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens. 8. CLASSIFICATION: A process for determining the needs and requirements of aliens for whom detention has been ordered and for assigning them to housing units and programs according to their needs, security risk level, and existing resources of the facility. 9. CONTRABAND: Any item possessed by detainees or found within the confinement of the facility which is declared illegal by law or which is expressly prohibited by facility policies and procedures. This includes unauthorized funds. 10. CONTRACTOR (SERVICE PROVIDER): The entity, which provides the services, described in this Performance Work Statement. 9 ICE.2012FOIA3030000565 EROIGSA-11-0008 01 August 2011 11. CONTRACTING OFFICER (CO): An employee of the Government responsible for the complete conduct and integrity of the contracting process, including administration after award. The only individual authorized to issue changes to this contract. 12. CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR): An employee of the Government responsible for monitoring all technical aspects and assisting in administering the contract. 13. CONTROL ROOM: Integrates all internal and external security communications networks within a secure room. Activities conducted within the control room have a critical impact on the institution's orderly and secure operation. 14. DEPARTMENT OF HOMELAND SECURITY (DHS): A department of the United States Government, which includes U.S. Immigration and Customs Enforcement (ICE). 15. DEPARTMENT OF JUSTICE (DOJ): A department of the United States Government, which includes the Executive Office of Immigration Review (EOIR), the Federal Bureau of Investigation (FBI), and the Federal Bureau of Prisons (BOP), and the U.S. Marshals Service (USMS). 16. DESIGNATED SERVICE OFFICIAL: An employee of U.S. Immigration and Customs Enforcement designated in writing by ICE Officer-In-Charge (OIC) to represent ICE on matters pertaining to the operation of the facility. 17. DETAINEE: Any person confined under the auspices and the authority of any Federal agency. 18. DETAINEE RECORDS: Information concerning the individual's personal, criminal and medical history, behavior, and activities while in custody, including, but not limited to: a. b. c. d. e. f. Detainee, Personal Property Receipts, Visitors List, Photographs Fingerprints, Disciplinary Infractions Actions Taken, Grievance Reports, Medical Records, Work Assignments, Program Participation Miscellaneous Correspondence, etc. 19. ENFORCEMENT AND REMOVAL OPERATIONS (ERO): ERO, the primary enforcement arm of ICE, is responsible for the identification, apprehension, and removal of illegal aliens from the United States. Primary responsibilities of ERO program as part of the DHS immigration and law enforcement mission are to provide adequate and appropriate custody management to support removals, to facilitate the 10 ICE.2012FOIA3030000566 EROIGSA-11-0008 01 August 2011 processing of illegal aliens through the immigration court, and to enforce their departure from the United States. 20. DETENTION OFFICERS: Service Provider's staff members responsible for the security, care, transportation, and supervision of detainees during all phases of activity in a detention facility. The officer is also responsible for the safety and security of the facility. 21. DETENTION STANDARDS COMPLIANCE UNIT (DSCU): The purpose of the DSCU is to develop and prescribe policies, standards, and procedures for ICE detention operations and to ensure detention facilities are operated in a safe, secure, and humane condition for both detainees and staff. 22. DIRECT SUPERVISION: A method of detainee management that ensures continuing direct contact between detainees and staff by posting sufficient officers to provide frequent, nonscheduled observation of and personal interaction with detainees. 23. ENTRY ON DUTY (EOD): The first day the employee begins performance at a designated duty station on this contract. 24. ENVIRONMENTAL ANALYSIS AND EVALUATION (EAE): This document initiates the analysis and evaluation of environmental effects of proposed actions, and contemplates alternative proposals. This document is the basis for deciding whether or not an Environmental Assessment is required. 25. ENVIRONMENTAL ASSESSMENT (EA): Specific document summarizing the results of thorough analyses of environmental impacts caused by proposed actions. This document is the basis for deciding whether or not an Environmental Impact Statement is required. 26. ENVIRONMENTAL IMPACT STATEMENT (EIS): Comprehensive document provides full and fair discussion of significant environmental impacts caused by the proposed action(s). It also states the reasonable alternatives, which would avoid or minimize the adverse impact(s) or enhance the quality of the human environment. 27. EMERGENCY: Any significant disruption of normal facility procedure, policy, or activity caused by riot, strike, escape, fire, medical exigency, natural disaster, or other serious incident. 28. FACILITY: The physical plant and grounds in which the Service Provider's services are operated. 29. FACILITY ADMINISTRATOR: The official, regardless of local title (e.g., jail administrator, Facility Director, superintendent), who has the ultimate responsibility for managing and operating the detention facility. The qualifications for the holder of 11 ICE.2012FOIA3030000567 EROIGSA-11-0008 01 August 2011 this office shall be consistent with ACA standards. This applies to both facilities, Essex County and Delany Hall. 30. FINDING OF NO SIGNIFICANT IMPACT (FONSI): Formal statement indicating that no significant effect upon the quality of the human environment will occur because of the proposed action(s). 31. GRIEVANCE: A written complaint filed by a detainee with the facility administrator concerning personal health/welfare or the operations and services of the facility. 32. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE): A law enforcement agency within the U.S. Department of Homeland Security. 33. IMMEDIATE RELATIVES: Spouses, children (including stepchildren and adopted children) and their spouses, parents (including stepparents), brothers and sisters (including stepbrothers and sisters and half-brothers and sisters) and their spouses. 34. INCIDENT REPORT: A written document reporting and event, such as minor disturbances, officer misconduct, and any detainee rule infraction, etc. 35. JUSTICE PRISONER AND ALIEN TRANSPORTATION SYSTEM (JPATS): DOJ's prisoner transportation system operated by the U.S. Marshal Service (USMS), sometimes referred to as the "airlift or Flight Operations." 36. LIFE SAFETY CODE: A manual published by The National Fire Protection Association specifying minimum standards for fire safety necessary in the public interest. 37. LOG BOOK: The official record of post operations and inspections. 38. MAN-DAY: Per diem "detainee day" or "man-day" means day in or day out and all days in between. The Service Provider may charge for day of arrival or day of departure, but not both. 39. MAN-HOUR: Man-hour means productive hours when the required services, are performed. Only productive hours can be billed and invoiced. 40. MEDICAL RECORDS: Separate records of medical examinations and diagnosis maintained by the responsible physician or nurse. The following information from these records shall be transferred to the detainee record; date and time of all medical examinations; and, copies of standing or direct medical orders from the physician to the facility staff. 41. MEDICAL SCREENING: A system of structured observation and/or initial health assessment to identify newly-arrived detainees who could pose a health or safety threat to themselves or others. 12 ICE.2012FOIA3030000568 EROIGSA-11-0008 01 August 2011 42. OFFICE OF PROFESSIONAL RESPONSIBILITY, PERSONNEL SECURITY UNIT (OPR-PSU): The ICE office, which implements a component-wide personnel security program. 43. ON CALL/REMOTE CUSTODY OFFICER POST: These posts shall be operated on demand by the COTR and shall include, _but not be limited to, escorting and providing custody of detainees for hearings, ICE interviews, _or at any other location requested by the COTR. 44. PERFORMANCE WORK STATEMENT (PWS): That portion of the Agreement, which describes the services to be performed under the Agreement. It is also referred to as the Statement of Work. 45. POLICY: A definite written course or method of action, which guides and determines present and future decisions and actions. 46. POST ORDERS: Written orders that specify the duties of each position, hour-byhour, and the procedures the post officer will follow in carrying out those duties. 47. PROCEDURE: The detailed and sequential actions that must be executed to ensure that a policy is implemented. It is the method of performing an operation or a manner of proceeding on a course of action. It differs from a policy in that it directs action required to perform a specific task within the guidelines of that policy. 48. QUALIFIED HEALTH PROFESSIONAL: Physicians, dentists, and other professional and technical workers who by state law engage in activities that support, complement or supplement the functions of physicians and/or dentists who are licensed, registered, or certified, as appropriate to their qualifications, to practice. 49. QUALITY ASSURANCE: The actions taken by the Government to assure requirements of the Performance Work Statement (PWS) are met. 50. QUALITY ASSURANCE SURVEILLANCE PLAN (QASP): A Government document used to ensure that systematic quality assurance methods are used in the administration of performance based standards and other requirements included in this agreement. 51. QUALITY CQNTRQL (QC): The Service Provider's inspection system, which covers all the services to be performed under the Agreement. The actions that a Service Provider takes to control the production of services so that they meet the requirements stated in the Agreement. 52. QUALITY CQNTRQL PLAN (QCP): A Service Provider-produced document that addresses critical operational performance standards for services provided. 13 ICE.2012FOIA3030000569 EROIGSA-11-0008 01 August 2011 53. RESPQNSIBLE PHYSICIAN: A person licensed to practice medicine with whom the facility enters into a contractual agreement to plan for and provide health care services to the detainee population of the facility. 54. RESTRAINT EQUIPMENT: This includes but is not limited to: handcuffs, belly chains, leg irons, flexi cuffs, soft (leather) cuffs, and leg weights. 55. SAFETY EQUIPMENT: This includes but is not limited to fire fighting equipment, i.e., chemical extinguisher, hoses, nozzles, water supplies, alarm systems, portable breathing devices, gas marks, fans, first aid kits, stretchers, and emergency alarms. 56. SALLYPORT: An enclosure situated either in the perimeter wall or fence to the facility or within the interior of the facility, containing gates or doors at both ends, only one of which opens at a time. This method of entry and exit helps to ensure that there shall be no breach in the perimeter or interior security of the facility. 57. SECURITY DEVICES: Locks, gates, doors, bars, fences, screens, hardened ceilings, floors, walls and barriers used to confine and control detainees. In addition, electronic monitoring equipment, security alarm systems, security light units, auxiliary power supply, and other equipment used to maintain facility security. 58. SECURITY PERIMETER: The outer portions of a facility, which actually provide for secure confinement of detainees. 59. STANDING MEDICAL ORDERS: Written orders, by a physician, to medical personnel for the definitive treatment of identified minor, self-limiting conditions and for on-site treatment of emergency conditions. 60. TOUR OF DUTY: No more than 12 hours in any 24-hour period with a minimum of eight hours off between shifts, except as directed by state or local law. 61. TRAINING: An organized, planned, and evaluated activity designed to achieve specific learning objectives. Training may occur on site, at an academy of training center, at an institution of higher learning, through contract service, at professional meetings or through closely supervised on-the-job training. Meetings of professional associations are considered training when there is clear evidence of the above elements. All trainers must be certified and certification shall by approved by the COTR or alternate COTR. 62. TRANSPORTATION COSTS: All materials, equipment and labor necessary to respond to requests by designated officials for secure movement of detainees from place to place necessary for processing, hearings, interviews, etc. 63. UNITED STATES MARSHALS SERVICE (USMS): An agency of DOJ. 14 ICE.2012FOIA3030000570 EROIGSA-11-0008 01 August 2011 64. WEAPONS: This includes but is not limited to firearms, ammunition, knives, electronic defense modules, chemical weapons (mace), and _authorized batons. 15 ICE.2012FOIA3030000571 EROIGSA-11-0008 01 August 2011 II. GENERAL INFORMATION A. Introduction The Service Provider shall furnish all personnel, management, equipment, supplies, and services necessary for performance of all aspects of the Agreement. Unless explicitly stated otherwise, the Service Provider is responsible for all costs associated with and incurred as part of providing the services outlined in this Agreement. The Service Provider shall ensure that the facility operates in a manner consistent with the mission of the Department of Homeland Security, ICE Enforcement and Removal Operations. ICE Enforcement and Removal Operations promotes safety and national security by ensuring the departure from the United States of all removable illegal residents through the fair and effective enforcement of the nation's immigration laws. While detained, ICE must ensure that such individuals are housed in a safe, secure, and humane environment, that they receive medical and mental health care consistent with NCCHC standards and that their statutory and constitutional rights are safeguarded. It is estimated that the detention beds and related services will be available within approximately 1 month or earlier from the time an agreement is formalized with the Government. Immediately following the substantial availability of the beds and services the Service Provider shall notify the Contracting Officer (CO) that they are ready to begin accepting detainees. This may occur earlier at the request of the Service Provider, but only if ICE determines the Service Provider is capable of accepting detainees. It is essential that the Service Provider be fully prepared to accept responsibility for performing the requirements of the Agreement, thus ensuring the safety and security of the community. Therefore, ICE may perform numerous assessments to ensure compliance prior to issuance of the Notice to Proceed (NTP). If ICE determines that the Service Provider is capable of accepting detainees, the NTP will be issued. The Service Provider shall be prepared to accept detainees immediately upon issuance of the NTP. Unless otherwise specified, all plans, policies, and procedures shall be developed by the Service Provider. Those related to safety/security of the facility and/or detainees shall be submitted in writing to the COTR for review and concurrence prior to issuance of the NTP. Once concurrence has been granted, these plans, policies, and procedures shall not be modified without the prior written acknowledgment of the CO. Regarding the Delaney Hall Center, dormitories shall have a maximum of eight (8) beds per room. The Service Provider is prohibited from constructing or making modifications to ICE Spaces/ICE specific areas or adding any additional bed space or facilities at the facility location without the prior written approval of the CO. 16 ICE.2012FOIA3030000572 EROIGSA-11-0008 01 August 2011 Further, the Service Provider shall not add or mix any non-ICE detainee population with ICE Detainees - without the expressed prior approval of the CO. B General The Service Provider shall abide by all rules and regulations governing the site. The rules and regulations are found in the following sources: 1. Post Orders 2. General Directives 3. American Correctional Association (ACA) Standards for Adult Local Detention Facilities (most current edition) for Essex County Jail, and the American Correctional Association (ACA) Residential Standards for Delaney Hall, and the most recent copies of the supplements as they are issued. Copies are obtainable for purchase through the Internet website. HTTP://www.aca.org/storeibookstore/. 4. Officers' Handbook (M-68) 5. The 2008 Performance Based National Detention Standards (PBNDS). (Note: The provisions of the PBNDS 2008 should be interpreted as minimum requirements. Facilities are encouraged to design and operate the facility to provide the least restrictive conditions appropriate to maintain the security and safety of the staff and detainees.) 6. Federal, state, and local laws governing use of firearms, fire safety and environmental health. 7. All other regulations provided to the Service Provider by the authority of the Contracting Officer. 8. In cases where other standards conflict with the ICE Standards, the 2008 PBNDS will prevail. All services must comply with the PWS and all applicable federal, state, and local laws and standards. Should a conflict exist between any of these laws or standards, the most stringent shall apply. If the Service Provider is unable to determine which standard is more stringent, the Contracting Officer (CO) shall determine the appropriate standard. The Government reserves its rights to conduct announced and unannounced inspections of any part of the facility at any time and by any method to assess compliance. 17 ICE.2012FOIA3030000573 EROIGSA-11-0008 01 August 2011 This PWS contains numerous references, which direct the Service Provider to notify, contact, or provide the CO with information or data. Post-award, the CO may formally designate other Government individuals to assume those responsibilities. The Service Provider is responsible for a Quality Control Program (QCP), which ensures all requirements of this PWS are achieved. The specific requirements for the QCP are further detailed within this PWS. All records related to Service Provider performance should be retained in a retrievable format for three years. Except as otherwise expressly provided in this PWS, the Service Provider shall, upon completion or termination of the resulting Agreement, transmit to the Government any records related to performance of the Agreement. The Service Provider shall comply with all statutes, regulations, and guidelines from the National Archives and Records Administration. Criminal penalties for unlawfully destroying, damaging, removing, or improperly handling or releasing federal records are addressed in Chapters 37 and 101 of Title 18, United States Code. The Service Provider shall protect, defend, indemnify, save, and hold harmless the United States Government 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 the Service Provider, its agents, sub-Service Providers, employees, assignees, or anyone for whom the Service Provider may be responsible. The Service Provider shall also be liable for any and all costs, expenses, and attorneys' fees incurred as a result of any such claim, demand, cause of action, judgment or liability, including those costs, expenses, and attorneys' fees incurred by the United States Government and its employees or agents. In awarding the Agreement, the Government does not assume any liability to third parties, nor will the Government reimburse the Service Provider 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 subcontract under this Agreement. The Service Provider 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 notified in writing of all litigation pertaining to this IGSA and provided copies of any pleadings filed or said litigation within five working days of the filing. The Service Provider shall cooperate with Government legal staff and/or the United States Attorney regarding any requests pertaining to federal or Service Provider litigation. The Service Provider shall coordinate all public information related issues pertaining to ICE detainees with the CO. All press statements and releases shall be cleared, in advance, with the ICE Office of Public Affairs. The Service Provider shall promptly 18 ICE.2012FOIA3030000574 EROIGSA-11-0008 01 August 2011 make public announcements stating the facts of unusual or newsworthy incidents to local media. Examples of such events include, but are not limited to: deaths, escapes from custody, and facility emergencies. With respect to public announcements and press statements, the Service Provider shall ensure employees agree to use appropriate disclaimers clearly stating the employees' opinions do not necessarily reflect the position of the United States Government in any public presentations they make or articles they write that relate to any aspect of contract performance or the facility operations. C. Quality Control The Service Provider is responsible for management and quality control actions necessary to meet the quality standards set forth in the Agreement. The Service Provider must provide a Quality Control Plan (QCP) to the CO for concurrence with its proposal (or as directed by the CO). The CO will notify the Service Provider of concurrence or required modifications to the plan before the contract start date. The Service Provider must make appropriate modifications and obtain concurrence of the plan by the CO before the contract start date. A NTP will be issued upon CO concurrence of the QCP. The Service Provider shall provide an overall QCP that addresses critical operational performance standards for the services required under this contract. The QCP shall ensure that services will be maintained at a uniform and acceptable level. At a minimum, the Service Provider shall periodically review and update the QCP policies and procedures at least on an annual basis. The Service Provider shall audit facility's operations associated with ICE and ICE detainees monthly for compliance with the QCP. The Service Provider shall notify the Government 48 hours in advance of the audit to ensure the COTR is available to participate. The Service Provider's QCP shall identify deficiencies, appropriate corrective action(s), and timely implementation plans) to the COTR. If the Service Provider proposes changes in the QCP after contract award, the Service Provider shall submit them to the COTR for review. If the COTR concurs with the changes, the COTR shall submit the changes to the CO. The CO may modify the contract to include these changes. D. Quality Assurance (QA) 1. The Government's Quality Assurance Program is based on the premise that the Service Provider, and not the Government, is responsible for management and quality control actions to meet the terms of the Agreement. The Quality Assurance Surveillance Plan (QASP) procedures recognize that unforeseen problems do occur. Good management and use of an adequate Quality Control Plan will allow the facility to operate within acceptable quality levels. 19 ICE.2012FOIA3030000575 EROIGSA-11-0008 01 August 2011 2. Each phase of the services rendered under this Agreement is subject to inspection both during the Service Provider's operations and after completion of the tasks. 3. When the Service Provider is advised of any unsatisfactory condition(s), the Service Provider shall submit a written report to the Contracting Officer addressing corrective/preventive actions taken. The QASP is not a substitute for quality control by the Service Provider. 4. The COTR may check the Service Provider's performance and document any noncompliance; only the Contracting Officer may take formal action against the Service Provider for unsatisfactory performance. 5. The Government may reduce the invoice or otherwise withhold payment for any individual item of nonconformance observed. The Government may apply various inspection and extrapolation techniques (i.e., 100 % surveillance, random sampling, planned sampling, unscheduled inspections) to determine the quality of services, the appropriate reductions, and the total payment due. ICE will develop the Quality Assurance Surveillance Plan (QASP) pursuant to the requirements of the PWS. Attachment 2 of this Agreement sets forth the procedures and guidelines that ICE will use to inspect the technical performance of the Service Provider. It presents the financial values and mechanisms for applying adjustments to the Service Provider's invoices as dictated by work performance measured to the desired level of accomplishment. 1. The purpose of the QASP is to: a. Define the roles and responsibilities of participating Government officials. b. Define the types of work to be performed. c. Describe the evaluation methods that will be employed by the Government in assessing the Service Provider's performance. d. Describe the process of performance documentation. 2. Roles and Responsibilities of Participating Government Officials a. The COTR(s) will be responsible for monitoring, assessing, recording, and reporting on the technical performance of the Service Provider on a dayto-day basis. The COTR(s) will have primary responsibility for completing "Quality Assurance Surveillance Forms" to document their inspection and evaluation of the Service Provider's work performance. b. The Contracting Officer (CO) or designee has overall responsibility for evaluating the Service Provider's performance in areas of contract compliance, contract administration, and cost and property control The CO shall review the COTR's evaluation of the Service Provider's performance and invoices. If applicable, deductions will be assessed in 20 ICE.2012FOIA3030000576 EROIGSA-11-0008 01 August 2011 accordance with the evaluation of the Service Provider's performance, e.g., monetary adjustments for inadequate performance. See Attachment 2 of the contract. E. Service Provider's 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 Agreement. Any reductions in the Service Provider's invoice shall reflect the contract's reduced value resulting from the Service Provider's failure to perform required services. The Service Provider 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. F. Inspection by Regulatory Agencies Work described in the contract is subject to inspection by other Government agencies. The Service Provider shall participate in responding to all requests for information and inspection or review findings by regulatory agencies. G. Performance Evaluation Meetings The Service Provider's representatives shall meet with the COTR(s) on a regular basis as determined necessary by the Government. These meetings will provide a management level review and assessment of Service Provider performance, a discussion and resolution of problems. H. Service Provider's Employee Manual The Service Provider shall provide an Employee Manual, which, at a minimum, addresses the following: 1. 2. 3. 4. Organization Recruiting procedures Opportunities for Equal Employment Qualifying for jobs, job descriptions, responsibilities, salaries, and fringe benefits 5. Screening employees for illegal drug use 6. Holidays, leave, and work hours 7. Personnel records, employee evaluations, promotion, and retirement 8. Training 9. Standards of conduct, disciplinary procedures, and grievance procedures 10. Resignation and termination 11. Employee-management relations 12. Security, safety, health, welfare, and injury incidents 21 ICE.2012FOIA3030000577 EROIGSA-11-0008 01 August 2011 The Service Provider must provide a copy of the Employee Manual to the Service Provider's employees at the facility. Upon request by the COTR, the Service Provider shall document to the Government that all employees have reviewed a copy of the manual. I. Facility Staffing Plan and Key Personnel The Service Provider shall provide a staffing plan that addresses at a minimum the staffing requirements and key personnel to be employed in connection with this contract as outlined in the PWS. The Service Provider shall staff the post-positions in accordance with the Service Provider-submitted and Government-acknowledged Service Provider Staffing Plan. The number, type and distribution of staff as described in the contract-staffing plan shall be maintained throughout the term of the contract. All staffing plans and/or written requests to change the number, type and/or distribution of staff described in the staffing plan must be submitted to the CO, through the COTR, for approval prior to implementation. The Service Provider must maintain an overall staffing level of 90% of the approved staffing plan at all times for all required posts as agreed to in the ICE-approved Service Provider staffing plan included within this Agreement. Overtime costs expended to cover required posts must not exceed that of 10% of required post coverage. All Government identified mandatory posts must be filled at all times. Each month, the Service Provider shall submit to the COTR the current average monthly vacancy rate, and indicate any individual positions that have been vacant more than 120 days. Failure to fill any individual position within 120 days of the vacancy may result in a deduction from the monthly invoice. ICE may calculate the deduction retroactive to day one of the vacancy, excluding the days for ICE's conditional approval process, starting on the day of receipt and concluding on the day conditional approval is granted. 1. Minimum Staffing Requirements The Service Provider shall fully staff the facility to secure, control, and supervise detainees in custody regardless of the detainee population. The Service Provider shall ensure daily Detention Officer Assignment rosters, by shift, for the duration of the contract. The assignment rosters shall indicate the number of staff, job titles, names, hours, and days of work for each post. 2. Supervisory Staffing The Service Provider is responsible for the satisfactory supervision of its employees at all times. Satisfactory supervision includes verifying attendance at all posts and positions, and upholding the work requirements of all personnel assigned under the Agreement. As part of the Staffing Plan, the Service Provider shall provide the COTR with the names of Shift Supervisors designated by the Service Provider before commencement of services. 22 ICE.2012FOIA3030000578 EROIGSA-11-0008 01 August 2011 3. Organizational Chart The Service Provider shall provide an organizational chart that describes the structure of authority, responsibility, and accountability within the facilities. The Service Provider shall update this chart as necessary. The Service Provider shall make the chart available to the CO or COTR upon request. J. Employee Standards All employees shall meet the highest standards of professionalism and personal integrity. Standards of professionalism include competency, training, appearance, and behavior. The Service Provider shall take disciplinary action against employees who disregard those standards. The Service Provider shall perform pre-employment suitability checks for all employees and prospective employees. K. Training Program The Service Provider shall establish a training program for all employees, which incorporates the training requirements set forth in the ACA Standards and Subsection 4 of the PWS. The training plan shall include proficiency testing, instructor(s) and instructor qualifications, course descriptions, and detailed lesson plans that include subject matter and methods of presentation, course objectives, student evaluation procedures, and the location and duration of training. L. Housing, Health, and Medical Care In the case of housing and program delivery at Delaney Hall and the Essex County Jail, all housing and program services will be maintained separate and apart from the housing and program service delivery provided to all other inmates housed at the facility. The Service Provider shall provide detention services, to include detainee welfare, and record keeping services for ICE, in support of the detention and removal process. 1. Detention Site Standards The Service Provider shall ensure that detention sites conform to ACA and the 2008 PBNDS. A fire and emergency plan shall exist and shall be aggressively managed. The Service Provider shall ensure facilities conformance to the following: a. Be clean and vermin/pest free. b. Have a suitable waste disposal program. c. The Service Provider shall distribute suitable linens (sheets, pillow cases, towels, etc). The Service Provider shall launder and change linens per the ICE Standards. 23 ICE.2012FOIA3030000579 EROIGSA-11-0008 01 August 2011 d. The Service Provider shall distribute appropriate clean blankets. e. The Service Provider shall ensure fire and emergency exits remain unimpeded to permit prompt evacuation of detainees and staff members in an emergency. f. The Service Provider shall distribute articles of personal hygiene (e.g., soap, toothbrush, toothpaste, comb, toilet paper, shaving equipment, and female sanitary items). For safety, security, and sanitation purposes, an inspection of the detainee housing areas shall be conducted by a supervisor at a minimum of two (2) times per shift. The results of the inspection and any instructions to staff shall be logged into the housing area, security logbook and be available for review by the COTR or alternate COTR. All log books shall be preserved for the duration of the contract and for three (3) years thereafter. All locks, windows, walls, floors, ventilators, covers, access panels, and doors shall be checked daily for operational wear and detainee tampering. The Service Provider shall take immediate action to repair all defective findings and/or equipment. The Facility shall be subject to periodic and random inspections by the COTR, alternate COTR, or other officials as may be determined by ICE, to ensure compliance with the 2008 PBNDS and the terms of this agreement. Deficiencies shall be immediately rectified or a plan for correction submitted by the Service Provider to the COTR for approval. 2. Health and Medical Care The Service Provider shall comply with written policies and procedures for appropriately addressing the health needs of ICE detainees. Policies and procedures shall be written to ensure that medical, dental and mental health care are delivered in compliance with NCCHC standards and shall include, but not be limited to, the following: a. Policies and procedures for accessing 24-hour emergency medical care for ICE detainees. b. Policies and procedures for prompt summoning of emergency medical personnel. c. Policies and procedures for emergency medical evacuation of detainees, if deemed necessary by qualified medical personnel. d. Policies, procedures, and post procedures for duty officers to ensure that medical emergencies are recognized and promptly attended to. e. Policies and procedures that support a system allowing for detainees to request medical/mental health services through submission of written requests. Medical/mental health requests for treatment deemed urgent 24 ICE.2012FOIA3030000580 EROIGSA-11-0008 01 August 2011 f. g. h. i. j. k. by the medical provider will be forwarded by the Service Provider to the IHSC representative as soon as possible. Policies and procedures that support a continuum of health care services including screening, prevention, health education, diagnosis, and treatment consistent with National Commission on Correctional Health Care (NCCHC) standards and applicable clinical guidelines. The presence of an on call mental health staffing component to respond to the needs of the detainee population 24 hours a day, seven days a week, and an onsite component in compliance with NCCHC standards. Policies and procedures that ensure that detainees released or removed will receive a discharge plan, a complete medical records, medication and referrals to community-based providers as medically appropriate. Policies and procedures that ensure that transgender detainees have access to continued hormone therapy, mental health care, and other transgender-related health care and medication based on medical need. Policies and Procedures that include the following screening inquiries: past hospitalizations, relevant family medical history, dietary needs and past or recent abuse or violence; and that include - where there is a clinically significant finding as a result of the initial screening - an immediate medical/mental referral with the detainee receiving a health assessment no later than 48 hours working days from the initial screening, unless the clinical situation would dictate an earlier evaluation. Policies and procedures that ensure that detainees experiencing severe, life-threatening intoxication or withdrawal are transferred immediately to a licensed acute care facility. 3. Medical Services The Service Provider shall be responsible for providing health care services for ICE detainees at the Facility in accordance with the 2008 PBNDS, including: intake arrival screening, tuberculosis testing and symptom screening, on-site sick call, chronic care, over the counter and prescription medication and durable medical equipment and medical supplies. In the event of an emergency, the Service Provider shall proceed immediately with providing necessary medical treatment. In such event, the Service Provider shall notify ICE IHSC field case manager immediately regarding the nature of the transferred detainee's illness or injury and type of treatment provided. The costs of all emergency medical services provided off-site will be the responsibility of ICE Health Service Corps (IHSC) and at no time shall the Service Provider or detainee incur any financial liability related to such services. 25 ICE.2012FOIA3030000581 EROIGSA-11-0008 01 August 2011 The Service Provider will provide ICE detainees at Essex County Jail and Delaney Hall access to the locked, medical /psychiatric ward located at East Orange General Hospital when deemed appropriate by medical staff. A true copy of a detainee's medical records shall be transferred with the detainee. A transfer summary shall also accompany the detainee outlining necessary care during transit to include medications, medical precautions, equipment needed, and appropriately authorized methods of travel. The Service Provider shall ensure that all health care service providers utilized for ICE detainees hold current licenses, certifications, and/or registrations within the State and/or City where they treat our detained population. The Service Provider shall retain, at a minimum, a registered nurse to provide health care and sick call coverage and a medical provider to address chronic care issues and prescribing of medication unless expressly stated otherwise in this Agreement. The Service Provider shall ensure that onsite medical and health care coverage is available for all ICE detainees at the Facility twenty-four (24) hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health requests and deliver them in writing to the medical health care staff. The Service Provider shall furnish onsite health care under this Agreement as defined by the Facility local health authority on the effective date of this Agreement. The Service Provider shall not charge any ICE detainee a fee or co-payment for medical services or treatment provided at the Facility. The Service Provider shall ensure that ICE detainees receive no lower level of onsite medical care and services than those it provides to local inmates, if there are any. Onsite health care personnel shall perform initial medical screening within (12) hours of arrival to the Facility. Sick call coverage, provision of over-thecounter and prescription medications, treatment of minor injuries, treatment of special needs and mental and dental health assessments shall be available to the detainees. Arrival screening shall include, at a minimum, Tuberculosis (TB) symptom screening, planting of the TB skin test (PPD) or chest x-ray, and recording the history of past and present illnesses (mental and physical, pregnancy status, history of substance abuse). The Service Provider shall furnish mental health evaluations as determined by the Facility local health authority, consistent with the 2008 PBNDS, and provide custody oversight and medication as needed. A full health assessment to include a history and hands on physical examination shall be completed within the first 14 days of detainee arrival, 26 ICE.2012FOIA3030000582 EROIGSA-11-0008 01 August 2011 unless the clinical situation dictates an earlier evaluation. Detainees with chronic medical and/or mental health conditions shall receive prescribed treatment and follow-up care with the appropriate level of provider. If the Service Provider determines that an ICE 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, or serious mental health condition), the Service Provider shall notify ICE. Upon such notification, the Service Provider shall allow ICE reasonable time to make the proper arrangements for further disposition of that detainee. The Service Provider shall release any and all medical information for ICE detainees to the IHSC representatives upon request, except where prohibited by federal or state law or regulation. The Service Provider shall submit a Medical Payment Authorization Request (MedPAR) to IHSC for payment for off-site medical care (e.g. off site lab testing, eyeglasses, prosthetics, hospitalizations, emergency visits). The Service Provider shall enter payment authorization requests electronically as outlined in the MedPAR User Guide. The Service Provider shall furnish 24 hour emergency medical care and facility emergency evacuation procedures. In an emergency, as determined by the Service Provider, the Service Provider shall obtain the medical treatment required. 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 IHSC Field Case Manager or the organization listed below, as it relates to the detainees referral of offsite emergency care and hospitalization, as soon as possible, and in no case more than 72 hours after detainee receipt of such care. Authorized payment for all offsite medical services for the initial emergency need and for medical care required beyond the initial emergency situation will be made by the Veterans Administration Franchise Service Center (VA FSC) on behalf of IHSC directly to the medical provider(s). VA FSC IHSC Austin, TX (b)(6), (b)(7)(c) Phone: (800) 479 Fax: (512) 460-5538 The Service Provider shall allow IHSC Field Case Manager or any ICE personnel reasonable access to its facility and medical records of ICE detainees for the purpose of liaison activities with the local IGSA Health Authority and associated Service Provider departments in accordance with HIPAA privacy exception at 45 C.F.R. ?? 164.512 (k)(5)(i). 27 ICE.2012FOIA3030000583 EROIGSA-11-0008 01 August 2011 The Service Provider shall provide ICE detainee medical records to ICE whether created by the Service Provider or its subService Provider/vendor upon request from the Contracting Officer's Technical Representative or Contracting Officer in accordance with HIPAA privacy exception at 45 C.F.R. ?? 164.512 (k)(5)(i), which allows disclosure without consent to a correctional institution or a law enforcement official having lawful custody of an inmate or other individual if the correctional institution or such law enforcement official represents that such protected health information is necessary for: a. The provision of health care to such individuals; b. The health and safety of such individual or other inmates; c. The health and safety of the officers or employees of or others at the correctional institution; d. The health and safety of such individuals and officers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another; e. Law enforcement on the premises of the correctional institution; and f. The administration and maintenance of the safety, security, and good order of the correctional institution. The Service Provider shall have an established medical quality improvement program. This program will interface with the IHSA quality improvement program consistent with federal, state and local laws. The Service Provider shall direct offsite medical providers to submit all medical invoices for authorized payment for medical, dental, and mental health services to the following address: VA Financial Services Center PO Box 149345 Austin TX 78714-9345 (b)(6), (b)(7)(c) (800) 479 The VA Financial Services Center provides prescription drug reimbursement for individuals in the custody of ICE. Prescriptions are filled at local pharmacies which are part of the Script Care Network (or other designated Pharmacy Benefits Manager). Below is the process for obtaining prescriptions for ICE detainees: a. The Service Provider shall request a group number which should be used at the pharmacy in conjunction with the BIN# 004410 and Processor Control # IHSC assigned by Script Care Network to designate this is an ICE detainee. The custodial facility should either fax or take a copy of the prescription to their participating pharmacy and indicate that this is an ICE detainee. b. The pharmacy shall run the prescription through the Script Care network for processing. 28 ICE.2012FOIA3030000584 EROIGSA-11-0008 01 August 2011 c. Formulary prescriptions will be dispensed; however, there will be no need for an exchange of cash between the pharmacy and custodial facility as the pharmacy will receive payment directly from Script Care. d. Non-Formulary prescriptions will follow the same procedure as formulary prescriptions; however, non-formulary medications will require prior authorization. The custodial facility will fax the Drug Prior Authorization Request Form to Script Care to 409-833-7435. The authorization will be loaded into the Script Care network and the pharmacy will receive a call indicating that the prescription has been approved. Non-Formulary urgent requests must be submitted in the above manner except an X should be placed on the form marked for URGENT REQUEST and faxed to 409-923-7391. The authorization shall be loaded into the Script Care network and the pharmacy shall receive a call indicating the prescription has been approved. For further information regarding the Script Care Network please contact the VA Financial Services Center at 800-479 (b)(6), (b)(7)(c) r Script Care directly at 800-880 (b)(6), (b)(7)(c) 4. Facility Requirements for Infectious Disease Screening The Service Provider will ensure that there is adequate space and equipment to provide medical intake screening including a tuberculosis (TB) screening chest x-ray within the intake processing area. In order to prevent the spread of airborne infectious disease or cross contamination of zones within the facility, the HVAC system in the intake screening area will be designed to exhaust to the exterior and prevent air exchange between the intake screening area and any other area within the facility. (CDC guidelines http://www.cdc.gov/tb/publications/guidelines/ Correctional.htm) 5. Tuberculosis Screening In order to prevent the transmission of TB to the resident population of a detention facility, the Service Provider will perform a TB screening as part of the routine intake screening within 12 hours of detainee admission and identify suspected TB disease before the detainee is assigned to a housing unit or is transferred from the intake processing area. A screening chest x-ray will be performed by a trained and qualified health care provider and interpreted by a credentialed radiologist. Detainees will remain isolated from the rest of the facility population (remain in the intake screening area) until the chest xray report is obtained and the interpretation verifies that the detainee is free of contagious TB. The turnaround time for chest x-ray interpretation should be four hours or less. Detainees who are identified with confirmed or suspected active TB will be assigned to an airborne infection isolation room and managed in accordance with the PBNDS and CDC guidelines. 29 ICE.2012FOIA3030000585 EROIGSA-11-0008 01 August 2011 6. Tele-radiology Service Provider The Service Provider shall either use the services of the ICE Tele-radiology Service Provider (ITSP) or those of a Tele-radiology Service Provider of their choice. The cost of the equipment, maintenance of the equipment, training of staff, and arrangements for interpretation of the x-rays by credentialed radiologists, and transmission of data to and from the detention facility are provided by the ITSP and charged directly to ICE. The Service Provider shall coordinate with the ITSP to ensure adequate space is provided for the equipment, connectivity and electrical services are installed, immediate 24/7 access to equipment for service and maintenance by ITSP technicians is granted, a tele-radiology coordinator is appointed and available for training by the ITSP, and medical staff is available to perform the screening exams and receive reports. The tele-radiology coordinator may be a nurse or nurse practitioner and collateral duty of the appointed staff. It is not necessary to appoint a full time coordinator if the volume of work does not support a full time employee. M. Transportation Services: 1. All transportation of ICE detainees shall be conducted in accordance with the ICE 2008 PBNDS. Except in emergency situations females may not be transported by bus for more than ten hours. Furthermore, except in emergency situations, a single officer may not transport a single detainee of the opposite gender and if there is an expectation that a pat search will occur during transport, an officer of the same gender as the detainee(s) must be present. 2. In the event of transportation services involving distances that exceed a 12 hour workday to complete, the Service Provider shall be reimbursed for related costs of lodging and meals commensurate with the U.S. General Services Administration rates for such within the geographical area of occurrence. Any incurred overtime pay for such services will be reimbursed at the applicable overtime rate for the transportation officer position specified in Article I. C., Rates. Overnight lodging resulting from transportation services shall be approved in advance by the COTR or designated ICE official. 3. Transportation officers shall have the required state licenses for commercial drivers with the proper endorsement limited to vehicles with Automatic Transmission and the state Department of Motor Vehicles (DMV) (or Motor Vehicles Department (MVD)) Medical Certification. 30 ICE.2012FOIA3030000586 EROIGSA-11-0008 01 August 2011 Transport/Escort/Stationary Services Rate: The Service Provider agrees, upon request of ICE in whose custody an ICE detainee is held, to provide all such ground transportation/escort/stationary services as may be required to transport detainees securely, in a timely manner, to locations as directed by the ICE COTR or designated ICE official. At least two (2) or three (3) for airport runs, qualified law enforcement or correctional officer personnel employed by the Service Provider under their policies, procedures and practices shall perform transport services. As written above, except in emergency situations females may not be transported by bus for more than ten hours. Furthermore, except in emergency situations, a single officer may not transport a single detainee of the opposite gender and if there is an expectation that a pat search will occur during transport, an officer of the same gender as the detainee(s) must be present and perform the search. 4. Medical/Legal Transportation: The Service Provider shall provide transportation and escort guard services for ICE detainees to and from a medical facility for outpatient care and attending off-site court proceedings. An officer or officers shall keep the detainee under constant supervision twenty-four (24) hours per day until the detainee is ordered released from the hospital, or at the order of the COTR. The number of escorts will be determined by the COTR. The Service Provider agrees to augment such practices as may be requested by ICE to enhance specific requirements for security, detainee monitoring, visitation, and contraband control. The Service Provider shall, upon order of the COTR, or upon its own decision in an urgent medical situation with notification to the COTR and the IHSC Field Case Manager immediately thereafter, transport a detainee to a hospital location. An officer(s) shall keep the detainee under supervision 24 hours per day until the detainee is ordered released from the hospital, or at the order of the COTR. The Service Provider shall then return the detainee to the Facility. The Service Provider will ensure that at least one officer responsible for the security of the detainee while he/she is an in-patient a hospital will be of the same sex as the detainee. 5. Training and Compliance: The Service Provider shall comply with ICE transportation standards http://www.ice.gov/partners/dro/PBNDS/index.htm related to the number of hours the Service Provider's employee may operate a vehicle. The transportation shall be accomplished in the most economical manner. In the event of transportation services involving distances that exceed a twelve (12) hour workday to complete, the Service Provider shall be reimbursed for related costs of lodging and meals commensurate with the U.S. General Services Administration rates for such within the geographical area of occurrence. Any incurred overtime pay for such services will be reimbursed at the applicable overtime rate for the transportation officer position specified 31 ICE.2012FOIA3030000587 EROIGSA-11-0008 01 August 2011 in Article I. C., Rates. Overnight lodging resulting from transportation services shall be approved in advance by the COTR or designated ICE official. The Service Provider personnel provided for the above services shall be of the same qualifications, receive training, complete the same security clearances, and wear the same uniforms as those personnel provided for in other areas of this Agreement. Transportation officers shall have the required state licenses for commercial drivers with the proper endorsement limited to vehicles with Automatic Transmission and the state Department of Motor Vehicles (DMV) (or Motor Vehicles Department (MVD)) Medical Certification. 6. Miscellaneous Transportation: The COTR may direct the Service Provider to transport detainees to unspecified, miscellaneous locations. 7. When the COTR provides documents to the Service Provider concerning the detainee(s) to be transported and/or escorted, the Service Provider shall deliver these documents only to the named authorized recipients. The Service Provider shall ensure the material is kept confidential and not viewed by any person other than the authorized recipient. 8. The Service Provider shall provide radios to ICE. 9. Failure on the Service Provider's part to comply fully with the detainee(s) departure as pre-scheduled shall result in the Service Provider having deductions made for non-performance. 10. Armed Transportation Officers: All transportation Detention Officers shall be armed in the performance of these duties. N. Guard Services: 1. The Service Provider agrees to provide stationary guard services, at a separately agreed hourly rate, on demand by the COTR and shall include, but not limited to, escorting and guarding detainees to medical or doctor's appointments, hearings, VTC's, ICE interviews, and any other remote location requested by the COTR. Qualified detention officer personnel employed by the Service Provider under its policies, procedures, and practices will perform such services. The Service Provider agrees to augment such practices as may be requested by CO or COTR to enhance specific requirements for security, detainee monitoring, visitation, and contraband control. Public contact is prohibited unless authorized in advance by the COTR. 2. The Service Provider shall be authorized (b)(7)(e) officers for each such remote location, unless additional officers are required, per the direction of the COTR 32 ICE.2012FOIA3030000588 EROIGSA-11-0008 01 August 2011 or designated ICE officer. Except in cases of an emergency, one of the two above referenced officers shall be of the same sex as the detainees being assigned to the remote location. O. Establish and Maintain Program for Prevention of Sexual Abuse/Assault The Service Provider shall develop and implement a comprehensive sexual abuse/assault prevention and intervention program which training will include training on working with vulnerable populations and addressing their vulnerability in the general population, this program shall include training that is given separately to both staff and detainees, in accordance with the Prison Rape Elimination Act (PREA). The Service Provider will ensure that information regarding the facility's policy on sexual abuse/assault is included in the detainee handbook; that the facility articulates to staff and to detainees and adheres to a standard of zero tolerance for incidents of sexual abuse or assault; that detainees shall be encouraged to promptly report acts of harassment of a sexual nature, or abuse or signs of abuse observed; that victims of sexual abuse are given timely access to emergency medical treatment and crisis intervention services; that training is included for all staff to ensure that they fulfill their responsibilities under the Service Providers' Sexual Abuse and Assault Prevention and intervention Program; that the facility reports immediately all sexual abuse and/or assault to ICE/ERO; that the Service Provider develops and implements a policy that includes: an evidence protocol for sexual assault, including access to a forensic medical exam, an internal administrative investigation process that will not compromise a criminal investigation. The Service Provider will also maintain a policy that requires medical staff to report allegations or suspicions of sexual assault to appropriate facility staff, how the victim's medical, mental health and future safety needs will be addressed; appropriate disciplinary sanctions, how a detainee may contact the Office of the Inspector General to confidentially report sexual abuse or assault. 33 ICE.2012FOIA3030000589 EROIGSA-11-0008 01 August 2011 III. PERSONNEL The Service Provider shall employ personnel whose qualifications are commensurate with job responsibilities and authority levels. The Service Provider shall assure that employees meet the standards of competency, training, appearance, behavior and integrity. The Service Provider will effect disciplinary or adverse action against employees who disregard those standards. The Service Provider shall ensure that, at the Essex Facility, only Detention Officers trained in the County's Academy will supervise ICE detainees. A. Minimum Standards of Employee Conduct The Service Provider shall develop standards of employee conduct and corresponding disciplinary actions that are consistent with the following standards of conduct. All employees shall certify in writing that they have read and understand the standards. A record of this certificate must be provided to the COTR, upon request. The Service Provider shall hold employees accountable for their conduct based on these standards, which are not restricted to, but must include: 1. Employees shall not display favoritism or preferential treatment to one detainee, or group of detainees, over another. 2. Employees shall not discuss or disclose information from detainee files or immigration cases, except when necessary in the performance of duties under this contract. 3. The employee may not interact with any detainee except in a relationship that supports the approved goals of the facility. Specifically, employees shall not receive nor accept any personal (tangible or intangible) gift, favor, or service, from any detainee, any detainee's family, or associate no matter how trivial the gift, favor, or service may seem, for themselves or any members of their family. In addition, the employee shall not give any gift, favor, or service to detainees, detainee's family, or associates. 4. The employee shall not enter into any business relationship with detainees or their families (e.g., selling, buying, or trading personal property). 5. The employee shall not have any outside or social contact with any detainee, his or her family, or associates, except for those activities, which are part of the facility program and a part of the employee's job description. 6. All employees are required to immediately report to the Warden/Facility Director or ICE Supervisor any criminal or non-criminal violation or attempted violation of these standards. 7. The Service Provider shall report all violations or attempted violations of the standards of conduct or any criminal activity immediately to the COTR. Violations may result in employee removal from the facility. Failure on the part of the Service Provider either to report a known violation or to take appropriate disciplinary action against offending employee or employees shall 1 ICE.2012FOIA3030000590 EROIGSA-11-0008 01 August 2011 subject the Service Provider to appropriate action including possible termination for default. 8. The Service Provider shall not employ any person who is currently an employee of any federal agency - including active duty military personnel - or whose employment would present an actual or apparent conflict of interest. B. Minimum Personnel Qualification Standards The Service Provider must agree that each person employed by the firm or any subService Provider(s) shall have a social security card issued and approved by the Social Security Administration and shall be a United States citizen or a person lawfully admitted into the United States for permanent residence, have resided in the U.S. for the last five years (unless abroad on official U.S. government duty), possess a high school diploma or equivalent (GED), and have no criminal record. Each employee of the Service Provider and of any sub-Service Provider(s) must complete and sign a Form I-9, "Employment Eligibility Verification," before commencing work. The Service Provider shall retain the original Form 1-9 and shall furnish the COTR with a copy of the Form I-9 before the employee commences work. The Service Provider shall be responsible for acts and omissions of its employees and of any subService Provider(s) and their employees. In addition, each employee shall meet the following requirements in accordance with the Agreement requirements: 1. All employees shall be a minimum of 18 years of age. Employees currently employed that are under the age of 18 will be allowed to stay employed under this contract in all positions they would otherwise be eligible for at the facility. 2. Employees shall have at least one year of general experience that demonstrates the following: a. The ability to greet and deal tactfully with the general public; b. Capability of understanding and applying written and verbal orders, rules, and regulations. All personnel shall be literate and interpret printed rules and regulations, detailed written orders, training instructions and materials, and must be able to compose reports; c. Good judgment, courage, alertness, an even temperament, and render satisfactory performance through knowledge of his/her position responsibilities; d. Ability to maintain poise and self-control during situations that involve mental stress, such as fires, explosions, civil disturbances, and building evacuations. 3. All employees on this contract must maintain current/physical residency in the continental United States. 35 ICE.2012FOIA3030000591 EROIGSA-11-0008 C. 01 August 2011 Health Requirements for All Detention Officers The Service Provider shall assign only employees who are in good health to work under this contract. Employees shall be without physical defects or abnormalities that would interfere with performing duties. All Detention Officers who work under this contract shall pass a medical examination conducted by a licensed physician within 30 days prior to initial assignment. The Service Provider shall have a collaborative agreement with a fully licensed certified independent clinic and laboratory for the purpose of ensuring the physical fitness requirements for each Detention Officer/ Counselor.. A Medical Record Report of Medical Examination, shall evidence the physical fitness of each Detention Officer/ Counselor. If requested by the COTR, the Service Provider shall make medical records of contract employees available for review. The Service Provider will keep one duplicate copy of each Medical Record Report. Prior to the officer's initial assignment or reassignment to the ICE site, the Service Provider shall certify in writing to the COTR that each Detention Officer is in full compliance with the following: 1. Detention Officers must be free from any serious physical illnesses, ailments, or maladies, including epilepsy. This also includes other diseases that may be transmitted to and result in the disablement of other persons. 2. Detention Officers are required to have the following: (a) uncorrected distant vision must be equal to or better than 20/20 in each eye; (b) binocular distant vision must be correctable to 20/20; (c) monocular vision is generally disqualifying; depth perception must be equal to or better than 70 seconds of arc; (d) peripheral vision must be normal; (e) color vision must be normal. Acceptable measure of color discrimination is the Ishihara color (14 plates). X-chrome lenses are not acceptable to ICE as a means of correcting color deficiencies. Any disease or condition, which interferes with a person's vision, may be considered disqualifying. Cases will be reviewed on a case-by-case basis by the COTR. 3. Detention Officers shall not have heart, lung, skeletal, or other physical defects that would impair their ability to perform effectively in either normal or emergency situations. 4. Detention Officers shall possess unimpaired use of hands, arms, legs, and feet. 5. Detention Officers shall be able to run when necessary and be capable of handling portable fire extinguishers, building fire hoses, and related equipment. 6. Detention Officers shall be able to wear all necessary equipment, or other protective items. 7. Officers shall be mentally alert and emotionally stable with an absence of detectable neurotic or psychoneurotic conditions that would affect their ability to act during a stressful situation involving mental stress. 36 ICE.2012FOIA3030000592 EROIGSA-11-0008 01 August 2011 8. As required by the Occupational Safety and Health Administration, 29 CFR, Part 1910.1035 (Occupational Exposure to Tuberculosis), all employees in occupations with high-risk exposure are required to have a TB Skin Test completed annually. The Service Provider shall accomplish a baseline test on all newly hired employees. Each employee must have a TB Skin Test Certificate prior to entering on his/her first day of duty. The Service Provider shall be responsible for retesting of employees annually. 9. The Service Provider shall report immediately any changes to (1) through (8) above, in a Detention Officer's health status to the COTR. If the COTR determines that Service Provider employees do not meet minimum health standards, the Service Provider's employee must undergo a "Fitness for Duty" examination at no cost to the Government. 10. Employees currently employed who do not meet the physical requirements as defined above will be allowed to stay employed under this contract in all positions they would otherwise be eligible for at the facility. D. Random Drug Testing The Service Provider shall have a random drug-screening program that randomly tests a minimum of 10% of all Service Provider staff every quarter. ICE may require drug screening for cause at any time. The Service Provider shall order and accomplish drug screening at the Service Provider's expense. A laboratory approved by the National Institute of Drug Abuse (NIDA) must perform the screening. The Service Provider shall provide the results of all such drug screening to the COTR on a quarterly basis. The COTR shall be notified of failed drug screenings within 24 hours after receipt of results. E. Contraband Program and Inspection A contraband control program shall be established in accordance with the 2008 PBNDS and the ACA standards on the control of contraband. The Service Provider's employees are subject to random contraband inspection in accordance with facility standards and policies. ICE may require contraband screening and inspection for cause at any time. Upon notification of a violation by the COTR, the Service Provider shall immediately remove the employee from performing duties under this Agreement. The Service Provider shall revoke employees' credentials, complete required disposition, and immediately notify the COTR when the employee is removed from duty. F. Removal from Duty If the COTR or the Service Provider receives and confirms disqualifying information concerning a Service Provider employee, the Service Provider shall, upon notification by the COTR, immediately remove the employee from performing duties under this Agreement. The Service Provider shall revoke the employee's identification credentials and complete any required dispositions. The Service Provider shall 37 ICE.2012FOIA3030000593 EROIGSA-11-0008 01 August 2011 immediately notify the COTR when the employee is removed from duty. Disqualifying information includes but is not limited to the following: 1. Conviction of a felony, a crime of violence, domestic violence, or a serious misdemeanor. 2. Possessing a record of arrests for continuing offenses. 3. Falsification of information entered on suitability forms. 4. Non-payment of court ordered payments (child support, liens, etc.), or excessive delinquent debt as determined by credit check. 5. Misconduct or negligence in prior employment, which would have a bearing on efficient service in the position in question, or would interfere with or prevent effective accomplishment by the employing agency of its duties and responsibilities. 6. Alcohol abuse of a nature and duration, which suggests that the applicant or appointee would be prevented from performing the duties of the position in question, or would constitute a direct threat to the property or safety of others. 7. Illegal use of narcotics, drugs, or other controlled substances, without evidence of substantial rehabilitation. ICE may direct the Service Provider to remove any employee who has been disqualified either for security reasons or for being unfit to perform his/her duties as determined by the COTR or the Contracting Officer. The Service Provider shall take action immediately and notify the COTR when the employee is removed from duty. A determination of being unfit for duty may be made from, but is not limited to, incidents of delinquency set forth below: 1. Violation of the Rules and Regulations Governing Detention facilities set forth in, ICE Publications entitled "Detention Officer Handbook"; 2. Violation of the Rules and Regulations Governing Public Buildings and Grounds, CFR 101-20.3; 3. Neglect of duty, including sleeping while on duty, loafing, unreasonable delays or failures to carry out assigned tasks, conducting personal affairs during official time, leaving post without relief, and refusing to render assistance or cooperation in upholding the integrity of the security program at the work sites; 4. Falsification or unlawful concealment, removal, mutilation, or destruction of any official documents or records, or concealment of material facts by willful omissions from official documents or records; 5. Theft, vandalism, immoral conduct, or any other criminal actions; 6. Possessing, selling, consuming, or being under the influence of intoxicants, drugs, or substances which produce similar effects; 7. Unethical or improper use of official authority or credentials; 8. Unauthorized use of communication equipment or government property; 9. Misuse of equipment or weapons; 10. Violations of security procedures or regulations; 38 ICE.2012FOIA3030000594 EROIGSA-11-0008 11. 12. 13. 14. 15. 16. 17. 18. G. 01 August 2011 Recurring tardiness; Possession of alcohol, illegal substances, or contraband while on duty; Undue fraternization with detainees as determined by the COTR; Repeated failure to comply with visitor procedures as determined by the COTR; Performance, as determined by investigation by the Contracting Officer involving acquiescence, negligence, misconduct, lack of diligence, good judgment, and/or good common sense resulting in, or contributing to, a detainee escape; Failure to maintain acceptable levels of proficiency or to fulfill training requirements; Changes in an employee's ability to meet the physical and/or mental health requirements of this Agreement; Service Provider employee who is under investigation by any law enforcement agency will be removed from duties pending outcome of the disposition. At the direction of the COTR, the Service Provider shall reassign contract employees who have been arrested or who have alleged misconduct to duties that do not permit direct contact with detainees pending the disposition of the charges. Any alleged misconduct shall be reported immediately to the COTR. If such reassignments are not available, the Service Provider shall remove the employee from work under this contract and other ICE contracts. Tour of Duty Restrictions The Service Provider shall not utilize any uniformed contract employee to perform duties under this Agreement for more than 16 hours in any 24-hour period, and shall ensure that such employees have a minimum of eight hours off between shifts. Authorization is required from the COTR prior to an employee performing services that exceed 16 hours. If an employee is performing other duties for either the Service Provider or another employer, those hours shall count against the 16-hour limitation. Employees performing transportation duties can work up to 15 hrs in a 24 hr period as needed under Department of Transportation regulations. H. Dual Positions In the event that a supervisory detention officer is not available for duty the Service Provider should provide a full-time supervisor as a replacement. A contract employee shall not hold the position of Detention Officer and Supervisory Detention Officer simultaneously. The COTR will document and refer to the Contracting Officer the failure of the Service Provider to provide necessary personnel to cover positions. I. Post Relief As indicated in the post orders, the Detention Officer shall not leave his or her post until relieved by another Detention Officer. When the Service Provider or Service 39 ICE.2012FOIA3030000595 EROIGSA-11-0008 01 August 2011 Provider's Supervisors authorize rest or relief periods, the Service Provider shall assign undesignated officers to perform the duties of the Detention Officers on break. J. Personnel Files The Service Provider shall maintain a system of personnel files, and make all personnel files available to the CO and the COTR upon request. These files shall be maintained and current for the duration of the employee's tenure under the Agreement. The files shall contain verification of training and experience and credentials for all the staff. K. Uniform Requirements - Applicable to Delaney Hall facility only These requirements apply to Resident Monitoring Staff (Supervisory Detention Officers and Detention Officers) who perform work under the contract. 1. Uniforms The Service Provider shall provide non-traditional uniforms to its employees, such as kaki pants and polo shirts. The design and color of the Service Provider's uniforms shall not be similar to those worn by ICE officers or detainees. All officers performing under this contract shall wear uniforms of the same style and color while on duty. Supervisory personnel should wear different color shirts to distinguish them from line staff. Each officer shall wear an identification nametag over the right breast shirt pocket. Uniforms and equipment do not have to be new, but shall be in good condition and meet the standards at start of duty. Officers not in proper uniform shall be considered "not ready for duty/not on duty" until properly uniformed. All uniforms shall be clean, neat, and in good order. The required complete uniform consists of seasonal attire that includes appropriate shirt, pants, belt (mandatory), jacket, shoes or boots (mandatory), duty belt, mini-mag flashlight and holder, handheld radio, and key-holder. The Service Provider shall ensure that each officer has a complete uniform while performing assignments under this Agreement. Prior to the Agreement performance date, the Service Provider shall document to the COTR the uniform and equipment items that have been issued to each employee. The COTR shall have the right to approve or disapprove any uniform apparel. 2. Identification Credentials The Service Provider shall ensure that all employees both uniformed and nonuniformed (if applicable) have the required identification credentials in their 40 ICE.2012FOIA3030000596 EROIGSA-11-0008 01 August 2011 possession while on the premises. The Service Provider identification credential document shall contain the following: a. A photograph that is at least one inch square that shows the full face and shoulders of the employee and is no more than 30 days old when the Service Provider issues the credential. b. A printed document that contains personal data and description consisting of the employee's name, sex, birth date, height, weight, hair color and eye color, as well as the date of issuance, the signature of the employee, and the signature of project manager designated Service Provider personnel. c. To avoid the appearance of having Government issued badges, the Service Provider shall not possess wallet type badges or credentials. All credentials shall be approved by the COTR. L. Permits and Licenses 1. Business Permits and Licenses The Service Provider must obtain all required permits and licenses by the date of the Agreement award. The Service Provider must (depending on the state's requirements) be licensed as a qualified security service company in accordance with the requirements of the district, municipality, county, and state in which ICE work site(s) is/are located. Throughout the term of this Agreement, the Service Provider shall maintain current permits/business licenses and make copies available for Government Inspection. The Service Provider shall comply with all applicable federal, state, and local laws and all applicable Occupational Safety and Health Administration (OSHA) standards. 2. Licensing of Employees Before reporting to duty on this contract, the Service Provider shall ensure each employee has registration, commissions, permits, and licenses as required by the district, municipality, county, and state in which ICE work site is located. The Service Provider shall verify all licenses and certifications. If applicable, all Service Provider staff shall possess a current license/registration, in the state in which they are practicing. 3. Jurisdiction The Service Provider's authority under this Agreement is limited to space or posts that are under the charge and control of ICE. The Service Provider will not extend his services into any other areas. 41 ICE.2012FOIA3030000597 EROIGSA-11-0008 M. 01 August 2011 Encroachment Service Provider employees shall not have access to Government equipment, documents, materials, and telephones for any purpose other than as authorized by ICE. Service Provider employees shall not enter any restricted areas of the processing centers unless necessary for the performance of their duties. N. Work Schedules The Service Provider shall follow the criteria described below when establishing work schedules, contact relief, rest periods, and starting and stopping work. 1. Post Work Schedules A manpower report shall be submitted to the COTR on a monthly basis as part of the monthly status report. The Service Provider can use their own format if they already have an established procedure for doing so. The Service Provider shall maintain the duty roster showing all assignments for each day and provide copies to the COTR upon request. The Service Provider shall also maintain an employment report listing (copies of the sign-in sheets [GSA Form 139, or approved equivalent Record of Arrival and Departure from Buildings during Security Hours] for each shift) for each employee who actually worked, work classification, post assignments, and hours worked, as well as total hours worked by supervisory and non-supervisory employees to be made available to the COTR upon request. The on-duty Service Provider Supervisor shall conduct regular post checks to ensure personnel are prepared to be on duty. When an employee is not being utilized at a given post, the Service Provider may reassign him/her to another post, as long as all required posts remain staffed at all times. 2. Starting and Stopping Work The Service Provider is responsible for all employees to be dressed in full uniform and ready to begin work promptly at the beginning of each shift. Each employee shall remain at the duty locations until the shift is completed. The 3. Recording Presence The Service Provider shall direct its employees to sign in when reporting for work, and to sign out when leaving at the end of their period of duty using the Service Providers current methods. The Service Provider will maintain these records. 4. Rest Periods 42 ICE.2012FOIA3030000598 EROIGSA-11-0008 01 August 2011 When the Service Provider authorizes rest and relief periods for a Service Provider employee, a substitute officer shall be assigned to the duty location. 5. Work Relief When the work assignments require that the Service Provider's employees do not leave the assigned duty locations until a substitute officer has provided relief, this condition shall be explicitly stated on GSA Form 2580, Guard Post Assignment Record, or other forms utilized by the Service Provider. The Service Provider shall enforce the procedure without exceptions. 6. Hospitalization of Detainees Upon order of the COTR or designated ICE officer, or in an emergency situation, the Service Provider shall take custody of and safeguard detainee(s) at a hospital or clinic when the detainee(s) are undergoing medical examination. If the detainee is admitted to the hospital, the detainee will remain in the custody of a contract employee of the same gender. The contract employee will remain until relieved by another contract employee of the same gender. Twenty-four hour custody shall be maintained, with constant visual observation when practicable. The detainees shall not use the telephones unless the Service Provider receives prior approval from the COTR. The contract employees shall not fraternize with clinic/hospital staff or with casual visitors to the clinic/hospital. Detainee visitation is not permitted at the hospital. To prevent any situation, which could result in a breach of security, requests for visitation while the detainee is in detention, including hospital detention shall be pre-approved by the COTR(s) prior to allowing access to the detainee. The Service Provider is obligated to relay messages as requested by the detainee to ICE COTR. 43 ICE.2012FOIA3030000599 EROIGSA-11-0008 IV. 01 August 2011 BACKGROUND AND CLEARANCE PROCEDURES A. Security Requirements General: Performance under this Intergovernmental Service Agreement requires access to sensitive DHS information. The Service Provider shall adhere to the following: Employment Eligibility: Screening criteria that may exclude applicants from consideration to perform under this agreement includes: 1. Criminal conduct, either as substantiated by convictions or independent evidence. 2. Misconduct or negligence in employment. 3. Illegal use of narcotics, drugs, or other controlled substances without evidence of substantial rehabilitation. 4. Alcohol abuse, without evidence of rehabilitation, of a nature and duration that suggests that the applicant would be prevented from performing the duties of the position in question, or would constitute a direct threat to the property or safety of the applicant or others. 5. Falsification and/or omission of pertinent information to influence a favorable employment decision. 6. Dishonest conduct, to include failure to honor just debts. 7. National security concerns. 8. Any other legitimate nondiscriminatory reason that DHS or it components find would adversely effect the efficiency of the service. Subject to existing law, regulations and/or other provisions of this Agreement, illegal or undocumented aliens shall not be employed by the Service Provider. The Service Provider shall certify that each employee working on this Agreement has 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 SubService Provider(s) and their employees. B. General DHS has determined that performance of the tasks as described in this PWS requires that the Service Provider, subService Provider(s), vendor(s), etc. (herein known as Service Provider) have access to sensitive DHS information, and that the Service Provider will adhere to the requirements stipulated below. C. Suitability Determination DHS will exercise full control over granting; denying, withholding or terminating unescorted government facility and/or sensitive Government information access for Service Provider employees, based upon the results of a background investigation. 44 ICE.2012FOIA3030000600 EROIGSA-11-0008 01 August 2011 DHS may, as it deems appropriate, authorize and make a favorable expedited entry on duty (EOD) decision based on preliminary security checks. The expedited EOD decision will allow the 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 favorable 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 DHS, at any time during the term of the contract. No employee of the Service Provider shall be allowed to EOD and/or access sensitive information or systems without a favorable EOD decision or suitability determination by the Office of Professional Responsibility, Personnel Security Unit (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 the OPR-PSU. Service Provider employees assigned to the Agreement not needing access to sensitive DHS information or recurring access to DHS facilities will not be subject to security suitability screening. D. Background Investigations If the Service Provider is a law enforcement agency of a city, county or State, and if employment screening of the Service Provider is acceptable to ICE as a substitute for the requirements below, the Service Provider shall certify to the Contracting Officer that any employees performing under this Agreement, who have access to ICE detainees, have successfully completed an employment screening that includes at a minimum a criminal history records check, employment reference checks and a citizenship check. Service Provider employees (to include applicants, temporaries, part-time and replacement employees) under the contract, needing access to sensitive information, 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 through the Personnel Security Unit. Prospective Service Provider employees shall submit the following completed forms to the Personnel Security Unit through the COTR, no less than 5 days before the starting date of the contract or 5 days prior to the expected entry on duty of any employees, whether a replacement, addition, subService Provider employee, or vendor: 1. Standard Form 85P, "Questionnaire for Public Trust Positions" Form will be submitted via e-QIP (electronic Questionnaires for Investigation Processing) (2 copies) 2. FD Form 258, "Fingerprint Card" (2 copies) 3. Foreign National Relatives or Associates Statement 45 ICE.2012FOIA3030000601 EROIGSA-11-0008 01 August 2011 4. DHS 11000-9, "Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Act" 5. Optional Form 306 Declaration for Federal Employment (applies to Service Providers as well) 6. Authorization for Release of Medical Information Prospective Service Provider employees who currently have an adequate current investigation and security clearance issued by the Defense Industrial Security Clearance Office (DISCO) or by another Federal Agency may not be required to submit complete security packages, and the investigation will be accepted for adjudication under reciprocity. An adequate and current investigation is one where the investigation is not more that five years old and the subject has not had a break in service of more than two years. Required forms will be provided by DHS at the time of award of the contract. Only complete packages will be accepted by the OPR-PSU. Specific instructions on submission of packages will be provided upon award of the contract. Be advised that unless an applicant requiring access to sensitive information has resided in the US for three of the past five years, the Government may not be able to complete a satisfactory background investigation. In such cases, DHS retains the right to deem an applicant as ineligible due to insufficient background information. The use of Non-U.S. citizens, including Lawful Permanent Residents (LPRs), is not permitted in the performance of this contract for any position that involves access to DHS IT systems and the information contained therein, to include, the development and / or maintenance of DHS IT systems; or access to information contained in and / or derived from any DHS IT system. E. Transfers from Other DHS Contracts Personnel may transfer from other DHS Contracts provided they have an adequate and current investigation (see above). If the prospective employee does not have an adequate and current investigation an EQIP Worksheet will be submitted to the Intake Team to initiate a new investigation. Transfers will be submitted on the COTR Transfer Form which will be provided by the Dallas PSU Office along with other forms and instructions. 46 ICE.2012FOIA3030000602 EROIGSA-11-0008 F. 01 August 2011 Continued Eligibility If a prospective 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 contract. The OPR-PSU may require drug screening for probable cause at any time and/ or when the Service Provider independently identifies, circumstances where probable cause exists. The OPR-PSU may require reinvestigations when derogatory information is received and/or every 5 years. DHS reserves the right and prerogative to deny and/ or restrict the facility and information access of any Service Provider employee whose actions are in conflict with the standards of conduct, 5 CFR 2635 and 5 CFR 3801, or whom DHS determines to present a risk of compromising sensitive Government information to which he or she would have access under this contract. The Service Provider will report any adverse information coming to their attention concerning contract employees under the contract to the OPR-PSU 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. The OPR-PSU must be notified of all terminations/ resignations within five days of occurrence. The Service Provider will return any expired DHS issued identification cards and building passes, or those of terminated employees to the COTR. If an identification 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 identification cards and building passes to the responsible ID Unit. G. Employment Eligibility The Service Provider shall agree that each employee working on this contract will successfully pass the DHS Employment Eligibility Verification (E-Verify) program operated by USCIS to establish work authorization. The E-Verify system, formerly known as the Basic Pilot/Employment Eligibility verification Program, is an Internet-based system operated by DHS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E-Verify represents the best means currently available for employers to verify the work authorization of their employees. 47 ICE.2012FOIA3030000603 EROIGSA-11-0008 01 August 2011 The Service Provider must agree that each employee working on this contract 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 SubService Provider(s) and their employees. Subject to existing law, regulations and/ or other provisions of this contract, illegal or undocumented aliens will not be employed by the Service Provider, or with this contract. The Service Provider will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract. H. Security Management The Service Provider shall appoint a senior official to act as the Corporate Security Officer. The individual will interface with the OPR-PSU through the COTR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Service Provider. The COTR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Service Provider in complying with the security requirements under this contract. Should the COTR determine that the Service Provider is not complying with the security requirements of this contract, the Service Provider will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements. The following computer security requirements apply to both DHS operations and to the former Immigration and Naturalization Service (FINS) operations. These entities are hereafter referred to as the Department. I. Information Technology Security Clearance When sensitive government information is processed on Department telecommunications and automated information systems, the Service Provider agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Security Program Publication DHS MD 4300.Pub. or its replacement. Service Provider personnel must have favorably adjudicated background investigations commensurate with the defined sensitivity level. Service Providers who fail to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws (e.g., Privacy Act). 48 ICE.2012FOIA3030000604 EROIGSA-11-0008 J. 01 August 2011 Information Technology Security Training and Oversight All Service Provider employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by the appropriate component agency of DHS. Service Providers who are involved with management, use, or operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security awareness and accepted security practices and systems rules of behavior. Department Service Providers, with significant security responsibilities, shall receive specialized training specific to their security responsibilities annually. The level of training shall be commensurate with the individual's duties and responsibilities and is intended to promote a consistent understanding of the principles and concepts of telecommunications and IT systems security. All personnel who access Department information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Office or Information System Security Officer (ISSO). K. Initial Drug Testing The Service Provider must obtain screening for the use of illicit drugs of every employee and prospective employee working under this Agreement. Drug screening is urinalysis to detect the use of amphetamines, cocaine metabolites, opiates (morphine/codeine), phencyclidine (PCP), and marijuana metabolites by an individual. ICE may expand the above list to include additional drugs. A lab approved by the National Institute of Drug Abuse (NIDA) must perform the screening. Prior to the granting of a favorable EOD decision, the Service Provider must submit the results of the drug screening on the applicant to the COTR. Drug testing of an applicant will commence as soon as scheduled upon receipt of an applicant's personnel suitability packet by the COTR. The results of an applicant's drug test must be submitted to the COTR no later than 21 calendar days after receipt of an applicant's personnel suitability packet. Such tests shall be obtained from a National Institute of Drug Abuse (NIDA) approved laboratory and screened for the presence of the following drugs or drug classes: amphetamines, cocaine metabolites, opiates (morphine/codeine), phencyclidine (PCP) and marijuana metabolites. (The ICEIDRO reserves the right to expand the list above to include additional drug/drug classes.) Service Provider shall ensure that all federal, state, and local legal procedures are followed whether or not included in these procedures, with regard to the specimen, Service Provider must ensure that the confirmations are correct and that an adequate chain of custody procedure exists and is followed. The Service Provider must post the ICE "Drug Free Workplace Policy" in all facility work areas. 49 ICE.2012FOIA3030000605 EROIGSA-11-0008 L. 01 August 2011 Training Employees shall not perform duties under this Agreement until they have successfully completed all initial training*. Training certification shall be provided to the COTR upon request. * This requirement shall become effective 45 days after award of this Agreement. Facility staff at all facilities covered under this PWS will be trained in accordance with the 2008 PBNDS and as listed below. Training in ACA Performance Based Standards for Adult Local Detention Facilities will be required for staff supervising detainees at the Essex County Jail; and training in the ACA Residential Standards will be required for staff supervising detainees at the Delaney Hall facility. To enhance the staff's ability to carry out the mission of civil detention, additional training related to communication skills, sensitivity, multi-cultural awareness, PREA and basic medical care shall be provided and required. 1. General Training Requirements a. All employees will have the training described in the ACA Standards and in this section. The Service Provider shall provide the required refresher courses or have an institution acceptable to the COTR to provide the training. Failure of any employee to complete training successfully is sufficient reason to disqualify him or her from duty. b. All new Officers and Custody staff will receive 120 hours of training as delineated in the ACA Standards during the first year of employment. 2. Basic Training Subjects will include, but not be limited to: a. 2008 PBNDS b. Security procedures and regulations c. Supervision of detainees d. Searches of detainees, housing units, and work areas e. Signs of suicide risk, suicide precautions, prevention, and intervention f. Indicators of hunger strike g. Code of Ethics h. Health-related emergencies i. Drug-free workplace j. Self-defense techniques k. Use-of-force regulations and tactics 50 ICE.2012FOIA3030000606 EROIGSA-11-0008 01 August 2011 l. Hostage situations and staff conduct if taken hostage m. Report writing n. Detainee rules and regulations o. Key and lock control p. Rights and responsibilities of detainees q. Safety procedures r. Emergency plans and procedures s. Interpersonal relations t. Social/cultural lifestyles of the detainee population u. Cultural diversity for detainees and staff v. Communication skills w. Cardiopulmonary resuscitation (CPR) and AED Training x. Counseling techniques y. Sexual abuse and assault awareness(PREA) z. Air borne diseases aa. Sexual harassment bb. Facility goals and procedures cc. Classification and re-classification dd. Disciplinary process ee. Detainee Grievances ff. Escort by land transportation gg. Drills for emergencies hh. Firearms training ii. Accommodation for disable detainee jj. Translation kk. Religious accommodations **Firearm Training for Required Armed Detention Services in accordance with State licensing requirements. Service Provider shall certify proficiency every quarter. Additional classes shall be at the discretion of the Service Provider with the approval of the COTR. 3. Refresher Training 51 ICE.2012FOIA3030000607 EROIGSA-11-0008 01 August 2011 a. Every year the Service Provider shall conduct 40 hours of Refresher Training for all Officers and Custody staff including Supervisory Officers. Refresher training shall consist of these critical subjects listed above and a review of basic training subjects and others as approved by ICE. b. The Service Provider shall coordinate recertification in CPR and First Aid with the ICE training staff. This training shall be provided at no cost to the Government. The Service Provider shall provide documentation of completion of refresher training to the COTR upon request. c. In addition to the refresher training requirements for all Officers and Custody staff, supervisors must receive refresher training relating to supervisory duties. 4. Basic First Aid and CPR Training a. All members of the Service Provider's security staff shall be trained annually in basic first aid and CPR. They must be able to: 1. 2. 3. 4. 5. 6. 7. Respond to emergency situations within four minutes. Perform cardiopulmonary resuscitation (CPR). Recognize warning signs of impending medical emergencies. Know how to obtain medical assistance. Recognize signs and symptoms of mental illness. Administer medication. Know the universal precautions for protection against bloodborne diseases. 5. Supervisory Training All new Supervisory Officers assigned to perform work under this agreement must successfully complete a minimum of 40 hours of formal supervisory training provided by the Service Provider prior to assuming duties. This training is in addition to mandatory training requirements for Officers. Supervisory training shall include the following management areas: a. Techniques for issuing written and verbal orders b. Uniform clothing and grooming standards c. Security Post Inspection procedures d. Employee motivation e. Scheduling and overtime controls f. Managerial public relations g. Supervision of detainees 52 ICE.2012FOIA3030000608 EROIGSA-11-0008 01 August 2011 h. Other company policies i. Responding to sexual assault/abuse j. Responding to assaults on staff, detainee on detainee violence, and supervising and/or responding to uses of force. Additional classes shall be at the discretion of the Service Provider. The Service Provider shall submit documentation to the COTR, upon request, to confirm that each supervisor has received basic training as specified in the basic training curriculum. 6. Proficiency Testing The Service Provider shall give each Officer and Custody staff a written examination consisting of at least 25 questions after each classroom-training course is completed. The Service Provider may give practical exercises when appropriate. The COTR has the right to inspect and review the questions on any exam at any time for quality assurance purposes. To pass any examination, each officer and custody staff candidate must achieve a score of 80% or better. The Service Provider must provide the COTR with proof that the eligible Officer or Custody staff candidate has passed all exams before the Officer or Custody staff may be assigned to duties under the agreement. Should an employee fail the written test on the initial attempt, he or she shall be given additional training by the Service Provider and be given one additional opportunity to retake the test. If the employee fails to complete and pass the test the second time, the Service Provider shall remove the employee from duties on this agreement. 7. Certified Instructors Certified instructors shall conduct all instruction and testing. A state or nationally recognized institution shall certify instructors unless otherwise approved in writing by the COTR. Certifications of instructors may be established by documentation of past experience in teaching positions or by successful completion of a course of training for qualifying personnel as instructors. 8. Training Documentation a. The Service Provider shall submit a training forecast and lesson plans to the COTR or ICE designee, on a quarterly basis, for the upcoming quarter. The training forecast shall provide date, time, and location of scheduled training and afford the COTR observation/evaluation opportunity. b. The Service Provider shall certify and submit the training hours, type of training, date and location of training, and name of the instructor quarterly for each employee to the COTR or ICE designee. 53 ICE.2012FOIA3030000609 EROIGSA-11-0008 V. 01 August 2011 REQUIRED SERVICES - ADMINISTRATION AND MANAGEMENT A. Manage Information System for Collecting, Retrieving, Storing, and Reporting Detainee Detention All detainee files are to be prepared, maintained, retired, and disposed of in accordance with the 2008 PBNDS. Policy and procedures shall be developed to ensure the confidentiality and security of all detainee files. Information from a detention file will be released to an outside third party only with the detainee's signed release-of-information consent form. Any release of information will be in accordance with applicable Federal and state regulations. B. Manage the Receiving and Discharge of Detainees In accordance with the 2008 PBNDS, the Service Provider will provide for the admitting and releasing of detainees to protect the health, safety, and welfare of each individual. During the admissions process, detainees undergo screening for medical purposes, have their files reviewed to ensure they can be housed at the facilities, submit to a standard body search, and are personally observed and certified regarding the examination, categorization, inventorying, and safeguarding of all personal belongings. This shall include fingerprinting of detainees. The Service Provider shall comply with the ICE policy on Admission and Release when entering detainee admission and release data. ICE detainees shall be fingerprinted in accordance with the ICE policy on Admissions Documentation. The intake process shall include, at a minimum, a medical and social screening prior to detainee release into the general population. Detainees will have access to a minimum of one free telephone call during the admission process and the release process. . C. Manage and Account for Detainee Assets (funds, property) The Service Provider will provide for the control and safeguarding of detainees' personal property. This will include: the secure storage and return of funds, valuables, baggage, and other personal property; a procedure for documentation and receipting of surrendered property; and the initial and regularly scheduled inventories of all funds, valuables, and other property. The Service Provider shall have written standard procedures for inventory and receipt of detainee funds and valuables that adheres to the requirements of ICE policy on Funds and Personal Property; and Detention and Removal Operations Policy and Procedure Manual (DROPPM) Update: Chapter 30: Detainee Property Management. 54 ICE.2012FOIA3030000610 EROIGSA-11-0008 01 August 2011 Written procedures shall be established for returning funds, valuables, and personal property to a detainee being transferred or released that adheres to the requirements of ICE policy. The Service Provider shall ensure that all detainees who are scheduled for either transfer or release are given all funds (in cash) immediately prior to leaving the facility. Confiscated foreign currency funds are to be returned to the detainee. D. Securely Operate the Facility Policy and procedures for the maintenance and security of keys and locking mechanisms shall be developed. The procedures shall include, but are not limited to: method of inspection to expose compromised locks or locking mechanisms; method of replacement for all damaged keys and/or locks; a preventive maintenance schedule for servicing locks and locking mechanisms and method of logging all work performed on locks and locking mechanisms; policy for restricting security keys from 24 hour issue or removal from the institution; and method of issuing emergency keys. Staff responsible for lock maintenance shall receive training and be certified from a Government approved training program (or equivalent) specializing in the operation of locks and locking mechanisms. The Service Provider shall provide constant unarmed perimeter surveillance of the facility. Surveillance may be provided via a minimum of one motorized security patrol. The Service Provider shall develop policies and procedures regarding detainee use of those classified controlled tools and equipment most likely to be used in an escape or as a weapon. Further, the Service Provider shall ensure that detainee usage of those classified controlled tools and equipment is only under direct Service Provider staff supervision. E. Establish and Maintain a Program for the Prevention of Sexual Abuse/Assault The Service Provider shall develop and implement a comprehensive sexual abuse/assault prevention and intervention program in accordance with the Prison Rape Elimination Act (PREA). This program shall include training and/or information that is given separately to both staff and detainees. F. Establish and Maintain a Program for Suicide Prevention and Intervention The Service Provider shall develop and implement a comprehensive suicide prevention and intervention program in accordance with the 2008 PBNDS. This program shall include training and/or information that is given separately to both staff and detainees. G. Program Offerings to ICE Detainees Facilities covered by this IGSA shall provide ICE detainees at a minimum with programs specified in the offerer's proposal. 55 ICE.2012FOIA3030000611 EROIGSA-11-0008 H. 01 August 2011 Enforce the Detainee Disciplinary Policy The Service Provider shall comply with the 2008 PBNDS disciplinary policy. Facility authorities may take disciplinary action against any detainee who is not in compliance with the rules and procedures of the facility. I. Closed Custody PolicyAdministrative Segregation Policy Use of closed custody to protect vulnerable populations shall be restricted to those instances where reasonable efforts have been made to provide appropriate housing and shall be made for the least amount of time practicable, and when no other viable housing options exist, and as a last resort. Detainees who have been placed in administrative segregation for protective custody shall have access to programs, services, visitation, counsel and other services to the maximum extent possible. J. J. Maintain Detainee Accountability Population counts will be conducted in accordance with the 2008 PBNDS. All counts shall be documented in separate logs maintained in the applicable locations where detainees are housed, the control center and shift supervisor's office and shall be maintained for a minimum of 30 days. Count records must be available for review and secured away from the detainee population. K. Collect and Disseminate Intelligence Information Policy and procedures for collecting, analyzing, and disseminating intelligence information regarding issues affecting safety, security, and the orderly running of the facility shall be developed. This information should include, but not be limited to: gang affiliations; domestic terrorist groups; tracking of detainees having advanced skills in areas of concern (locksmiths, gunsmiths, explosives, and computers, etc.); narcotics trafficking; mail and correspondences; detainee financial information; detainee telephone calls; visiting room activity; and actions of high profile detainees. The Service Provider shall share all intelligence information with the Government. L. Provide Security Inspection System The Service Provider will develop and maintain a security inspection system with the aim of controlling the introduction of contraband into the facility, ensure facility safety, security and good order, prevent escapes, maintain sanitary standards, and eliminate fire and safety hazards. The Service Provider's inspections program will meet the requirements of the 2008 PBNDS for Security Inspections. 56 ICE.2012FOIA3030000612 EROIGSA-11-0008 01 August 2011 The Service Provider shall report all criminal activity related to the performance of this contract to the appropriate law enforcement investigative agency. The Government may investigate any incident pertaining to performance of this contract. The Service Provider shall cooperate with the Government on all such investigations. The Service Provider shall immediately report all serious incidents or criminal activity 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, food boycotts, work strikes, work place violence, civil disturbances/protests); staff uses of force including use of lethal and less lethal force (includes detainees in restraints more than eight hours); assaults on staff/detainees resulting in injuries that require medical attention (does not include routine medical evaluation after the incident); fires; fights resulting in injuries requiring medical attention; 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 significant publicity; adverse weather; fence damage; power outages; bomb threats; high profile detainee cases admitted to a hospital; significant environmental problems that impact the facility operations; transportation accidents resulting in injuries, death or property damage; and sexual assaults. Pursuant to ICE instructions, the Service Provider shall counteract civil disturbances, attempts to commit espionage or sabotage, and other acts that adversely affect the normal site conditions, the security and safety of personnel, property, detainees, and the general public. M. Maintain Institutional Emergency Readiness The Service Provider shall submit an institutional emergency plan that will be operational prior to issuance of the NTP. The plan shall receive the concurrence of the COTR prior to implementation and shall not be modified without the further written concurrence of the CO. The Service Provider shall have written agreements with appropriate 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. Likewise, the Service Provider shall have in place, an internal contingency plan consisting of employees who possess the same expertise and skills required of staff working directly on this contract. At the discretion of ICE, these employees would be required to respond to an institutional emergency at the contracted facility if deemed necessary. The emergency plans shall include provisions for two or more disturbance control teams. Protective clothing and equipment for each team member and 30 percent of all additional facility staff members shall be provided by the Service Provider, and maintained in a secure location outside the secure perimeter of the facility. 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 incurred in providing such assistance. 57 ICE.2012FOIA3030000613 EROIGSA-11-0008 01 August 2011 Attempts to apprehend any escapee(s) shall be in accordance with the Emergency Plan, which shall comply with the 2008 PBNDS regarding Emergency Plans. The Service Provider shall submit to the COTR a proposed inventory of intervention equipment (e.g., weapons, munitions, chemical agents) intended for use during performance of this contract. In accordance with ICE policy, the use of electromuscular disruption (EMD) devices is prohibited. The COTR, prior to issuance of the NTP, shall provide concurrence of the intervention equipment. The approved intervention equipment inventory shall not be modified without prior written concurrence of the CO. 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. The use of force by the Service Provider shall at all times be consistent with all applicable policies of the 2008 PBNDS on Use of Force. N. Manage Computer Equipment and Services in Accordance with all Operational Security Requirements The Service Provider must comply with all federal security and privacy laws and regulations established to protect federal systems and data. The Service Provider will inform all personnel of the confidential nature of ICE detainee information. The Service Provider will restrict access of data information pertaining to ICE detainees to authorized employees with the appropriate clearance who require this information in the course of their official duties. In accordance with the Freedom of Information/Privacy Act (FOIAIP A), the Service Provider may not disclose information obtained pertaining to ICE detainees to a third party without written permission from the COTR. The Service Provider is required to develop a procedural system to identify and record unauthorized access, or attempts to access ICE detainee information. The Service Provider will notify the COTR and alternate COTR within four hours of a security incident. 58 ICE.2012FOIA3030000614 EROIGSA-11-0008 VI. 01 August 2011 FACILITY SECURITY AND CONTROL A. Security and Control (General) The Service Provider shall maintain a copy of facility post orders for employee review within the areas of assignment, and shall initiate responses to any incidents as outlined in the post orders. The Service Provider employees shall write reports of incidents as outlined in the post orders. The Service Provider shall operate and control all designated points of access and egress on the site; such as, detainee housing units, courtrooms, medical facilities, and hold rooms. The Service Provider shall inspect all packages carried in or out of site in accordance with ICE procedures. The Service Provider shall comply with ICE security plans. The Service Provider shall comply with all the 2008 PBNDS pertaining to the security and control of the detention facilities. The Service Provider will adhere to local operating procedures within each facility. B. Unauthorized Access The Service Provider shall detect and detain persons attempting to gain unauthorized access to the site(s) identified in this contract. C. Direct Supervision of Detainees The Service Provider shall provide supervision of all detainees in all areas, including supervision in detainee housing and activity areas, to permit Detention Officers to hear and respond promptly to emergencies. The Service Provider will make every effort to ensure that staff assigned to supervise ICE detainees will be selected for that responsibility and trained accordingly, (re: training, see item L. 2. below: Training of this document. D. Logbooks The Service Provider shall be responsible to complete and document in writing, for each shift, the following information in the logbooks, electronic logbooks are acceptable: 1. Activities that have an impact on the detainee population (e.g., detainee counts, shakedowns, detainee movement in and out of the site, and escorts to and from court). 2. Shift activities (e.g., security checks, meals, recreation, religious services, property lockers, medical visits). 3. Entry and exit of persons other than detainees, ICE staff, or Service Provider Staff (e.g., attorneys and other visitors). 59 ICE.2012FOIA3030000615 EROIGSA-11-0008 01 August 2011 4. Fire drills and unusual occurrences. E. Records and Reports The Service Provider shall furnish, on a daily basis, a manifest of all detainees currently detained in the facility. The manifest shall contain the following information for each detainee: "A" File Number (system of numbering supplied by ICE); office received from; name; date of birth; gender; nationality; date of arrival; number of days the detainee has been in the facility; and type of release, if applicable. The Service Provider shall provide monthly status reports to the COTR or alternate COTR. Such reports will include a monthly key indicator report, which indicates the key personnel positions of the facility (e.g., position title, name of the employee, vacancies and length of vacancies, dates of service, additional comments). These monthly reports must be submitted to the COTR or alternate COTR by the fifth of each month for the previous month's activities and staffing. The Service Provider shall prepare required orders, instructions, and reports of accidents, security violations, fires, and bomb threats. The reports shall be maintained, on file, concerning all activities in connection with duties and responsibilities for the services performed under this Agreement. All such records must be kept using a system with a written policy, which allows the reports to be made available to the Government for inspection. The Service Provider shall, at the request of ICE, prepare any special or other reports, or issue further orders and instruction as may be required in support of work within the scope of this Agreement. The distribution, format, and time elements for these reports shall be directed by Government requirements. All records and logs, required for operation and performance of work under this Agreement, shall be made available to ICE at Agreement completion. The Service Provider shall provide a detailed and comprehensive inventory of records to be turned over to the Contracting Officer at contract completion or contract termination. The written inventory shall be recorded on Standard Form (SF) 135 or equivalent, Records Transmittal and Receipt, and shall be consistent with the National Archives and Records Administration (NARA) guidelines for inventoried records (see: http://www.nara.gov/records/index.html). Inventory shall describe the contents of a particular box of records and shall include record type and date of records, and shall be consistent with NARA inventory requirements. The SF - 135, Records Transmittal and Receipt, shall be itemized in sufficient detail to provide program officials with the information required for researching or retrieving retired records. Instructions for the level of detail required can be found on the back of the SF- 135a, Records Transmittal and Receipt (continuation), and the Service Provider shall inventory the records to that level of detail. 60 ICE.2012FOIA3030000616 EROIGSA-11-0008 F. 01 August 2011 Detainee Counts The Service Provider shall monitor detainee movement and physically count detainees as directed in the ICE Detentions Operations Manual and post orders. (For the ICE Detention Operations Manual, please see http://www.ice.gov/pi/dro/opsmanual/.). The Service Provider shall be responsible for documenting the physical detainee counts in the logbook. The Service Provider shall ensure ICE procedures are followed when the physical detainee count does not show all detainees are accounted for. At a minimum, official detainee counts shall take place once per shift or as directed by the COTR or alternate COTR. All counts shall be documented in separate logs maintained in the applicable locations where detainees are housed, control center, and shift supervisor's office and shall be maintained for a minimum of 30 days. G. Daily Inspections The Detention Officers shall conduct daily inspections of all security aspects of the site. They shall check all bars, locks, windows, walls, floors, ventilation covers, glass panels, access plates, protective screens, doors, lights, and equipment for operational wear and detainee tampering. The Detention Officers shall also report slippery floor surfaces. This documentation shall be made daily in a logbook. Problems discovered during these inspections shall be clearly identified in the documentation. The Service Provider shall also notify the COTR of any abnormalities or problems. The Service Provider shall immediately notify the COTR or alternate COTR on duty of any physical facility damage. Written documentation of any problem areas shall be submitted to the COTR by the end of the shift. H. Control of Contraband The Service Provider shall conduct searches for contraband at least once daily, in all areas in which detainees have access. Searches shall be random and unannounced. During the searches, detainee possessions shall be disturbed as little as possible. Contraband items shall be immediately confiscated, logged into the Contraband logbook in accordance with the 2008 PBNDS, and turned over to the COTR or alternate COTR on duty. The Service Provider shall document records of the searches in a logbook and forward a report to the COTR within 24 hours after discovery of the contraband items. I. Keys and Access Control Devices The Service Provider shall adhere to key control policies, in accordance with the 2008 PBNDS Entrance Access Controls: The Service Provider shall operate and enforce the personnel admitting and identification systems, and package inspection procedures in 61 ICE.2012FOIA3030000617 EROIGSA-11-0008 01 August 2011 accordance with security guidelines at the protected premises prescribed by the 2008 PBNDS. The Service Provider may accept registered mail and parcels, in accordance with ICE approved procedures. The Service Provider shall be responsible for the distribution of all received mail and parcels. J. Control of Chemicals The Service Provider shall adhere to, the 2008 PBNDS, ACA, and OSHA established procedures, applicable laws, and regulations governing the storage and inventory of all flammable, toxic, and caustic materials used for janitorial cleaning, laundry maintenance, vehicle maintenance, and other applications. K. Post Orders The Service Provider shall develop post orders, policies and procedures, and instructions necessary for proper performance at each duty post. Each post will have a separate post order. The Service Provider is responsible for compliance with all such orders, policies and procedures, and instructions. ICE shall approve all post orders prior to implementation of them. The Service Provider shall make post orders available to all Service Provider employees. Each Service Provider Detention Officer shall certify, in writing, that he or she understands and agrees to comply with all post orders, policies and procedures, and instructions prior to being initially assigned to that post. The Service Provider shall retain its employees' certifications and make them available to the COTR upon request. L. Deviation from Prescribed Schedule Assignments The Service Provider is authorized to deviate from the scheduled assignment when unusual conditions or circumstances so demand. COTR notification is required for long term or extreme deviations. All deviations shall be recorded in the daily logbook. When the COTR is not available, the Service Provider shall notify the alternate COTR immediately or as soon as is practically possible. M. Use of Force Policy ICE restricts the use of physical force by Detention Officers to instances of justifiable self-protection, protection of others, and protection of property and prevention of escapes. Physical force may only be used to the degree necessary to safeguard the well being of the detainee(s) and others in the immediate area. The following policies pertain to use of force: 1. In no case shall physical force be used as punishment or discipline. 62 ICE.2012FOIA3030000618 EROIGSA-11-0008 01 August 2011 2. The Service Provider shall adhere to the 2008 PBNDS on the use of deadly and non-deadly force to include the use of intermediate and deadly weapons. 3. The respective Service Provider Detention Officer shall immediately report all instances of use of physical force to his or her immediate supervisor. Prior to leaving his or her shift, the Service Provider Shift Supervisor shall prepare a written report and submit it to the Warden/Facility Director, who shall review, approve, and provide the report to the COTR or Alternate COTR within 24 hours of the incident. 4. The physical force report shall include: a. An accounting of the events leading to the use of force. b. A precise description of the incident to include date, time, place, type of force used, and reasons for employing force. c. A description of the person (Detention Officers or detainees) who suffered described injuries, if any, and the treatment given. d. A list of all participants and witnesses (Service Providers, detainees, and ICE personnel) to incident. 5. The calculated use of force must be in accordance with the 2008 PBNDS and requires, at a minimum, the following: a. The formulation of an After Action Review Team, which must include the participation of the COTR. b. An After Action Report submitted to the COTR within 30 days of the incident, with corrective actions noted, if applicable. c. Video footage of the incident must be made available for potential ICE review. N. Use of Restraints Policy The Service Provider shall comply with the 2008 PBNDS governing the use of restraint equipment. Restraints shall never be applied as punishment nor shall they be used for more time than is necessary. Restraints shall be used only as a precaution against escape during transfer to prevent detainee self-injury, injury to others, property damage, or for medical reasons under direction of the Health Authority. Restraints consist of handcuffs, waist restraints, and leg restraints. When directed by the COTR, the Detention Officer may use Government-provided disposable nylon straps in lieu of handcuffs or leg restraints in emergencies, mass arrest situations, or if a detainee's wrists or ankles are too large for conventional restraints. ICE prohibits the Service Provider from using all other restraint devices. Policies and procedures shall be written to ensure that pregnant women shall not be restrained absent truly extraordinary circumstances that render restraints absolutely necessary. These policies and procedures will extend to women who are pregnant or in labor, delivery, or post-delivery recuperations, during transport, in a detention facility, or at an outside medical facility. Restraints should not be considered as an option, unless one or more of the following applies: 1. a medical officer has directed the use of restraints for medical reasons; 2. credible, reasonable ground exists to 63 ICE.2012FOIA3030000619 EROIGSA-11-0008 01 August 2011 believe the detainee presents an immediate and serious threat of hurting herself, staff or others; or 3. reasonable grounds exist to believe the detainee presents an immediate and credible risk of escape that cannot be reasonably minimized through any other method. O. Intelligence Information The Service Provider shall notify the COTR or Alternate COTR immediately on issues, which could impact the safety, security, and the orderly operation of the facility. P. Lost and Found The Service Provider shall log and maintain all lost and found articles and shall report all items to the COTR or Alternate COTR upon request. Q. Escapes The Service Provider shall take all appropriate measures to prevent escapes. The Service Provider shall notify the COTR and Alternate COTR immediately if an escape or an attempted escape has occurred. The Service Provider shall provide the COTR and alternate COTR with a written report prior to the end of the shift. The Service Provider shall be held to the following standards concerning escapes: 1. The Service Provider assumes absolute liability for the escape of any detainee in its control, subject to limitations delineated in item 5 below. 2. The Service Provider shall provide written policies and procedures regarding the actions to be taken in the event of an escape. This document must include reporting requirements for all contract employees, escorts, supervisors, and management personnel. These procedures must meet the approval of the COTR, be reviewed at least annually, and updated as necessary. 3. Escapes shall be grounds for removing the responsible Service Provider Employee(s) from duty if the Service Provider Employee(s) is/are determined by the Service Provider or the COTR to be negligent. Notice of removal shall be provided to the Contracting Officer. 4. Corrective actions to prevent future escapes or attempted escapes shall be taken immediately and verbally communicated to the COTR for approval. A written report of the remedial action shall be due to the COTR within 24 hours of an escape or attempted escape. 5. ICE may make deductions due to nonperformance. It is specifically understood and agreed that the Government may not reduce the Service Provider's invoice or otherwise withhold payment from or impose any financial penalty upon the Service Provider based upon walk-aways or escapes from the facility, unless such walk-aways or escapes are the result 64 ICE.2012FOIA3030000620 EROIGSA-11-0008 01 August 2011 of the Service Provider's gross negligence, it being understood and agreed that this is not a secure facility. R. Correspondence and Other Mail In accordance with the 2008 PBNDS, the Service Provider will ensure that detainees are able to send and receive correspondence in a timely manner subject to limitations required for the safety, security, and orderly operation of the facility. The Service Provider shall distribute detainee mail within 24 hours of its arrival at the facility. S. Evacuation Plan The Service Provider shall develop a written evacuation and alternate staging plan for use in the event of a fire or major emergency, per the 2008 PBNDS regarding emergency plans. T. Injury, Illness, and Reports The Service Provider shall immediately assist employees, detainees, or others on the premises in need of immediate help or who are injured or ill. Service Provider employees shall provide first aid when necessary. The Service Provider shall immediately notify the COTR and alternate COTR about all incidents that result in physical harm to or threaten the safety, health, or welfare of any person at the site including job-related injuries. If a detainee requires immediate medical attention, the Detention Officer shall notify the medical provider as well as the COTR and alternate COTR. The Service Provider shall submit a follow-up written report to the COTR within 24 hours of the occurrence. The Service Provider shall cooperate with ICE in reviewing serious incidents. A serious incident means any incident resulting in injury to a detainee, Service Provider staff, ICE staff, or property damage. The Service Provider shall submit a monthly injury report summary containing, but not limited to, name, time/date, location, circumstances, care rendered, current status, Worker's Compensation status, and reference to identification of initial report. U. Protection of Employees The Service Provider shall develop plans that comply with ICE comprehensive plans and procedures to safeguard employees against exposure of blood borne pathogens. The ICE plan is based upon OSHA standards found in the Employee Occupational Safety and Health (EOSH) Manual. (For additional information, please see Occupational Exposure to Blood Bourne Pathogens, 29 CFR 1910.1030.) 65 ICE.2012FOIA3030000621 EROIGSA-11-0008 V. 01 August 2011 Medical Requests The Service Provider shall adhere to ICE policies and procedures regarding detainee medical requests. Please see http://www.ice.gov/doclibIPBNDS/pdf/medical care.pdf to view the 2008 PBNDS on Medical Care. If a detainee requires immediate medical attention, the Detention Officer shall immediately notify his or her Supervisor via radio or telephone. The Service Provider's Supervisor will, in turn, notify the medical provider as well as the COTR and alternate COTR. W. Emergency Medical Evacuation The Service Provider shall develop and implement written policies and procedures that define emergency health care evacuation of detainees from within the facility. X. Detainee Death or Injury The Service Provider shall comply with the 2008 PBNDS regarding Terminal Illness, Advanced Directives, and Death in the event of a detainee injury or death. In the event of such an occurrence, the Service Provider shall immediately notify the COTR and alternate COTR. Y. Sanitation and Hygienic Living Conditions The Service Provider shall comply with the requirements of the Occupational Safety and Health Act of 1970 and all codes and regulations associated with 29 CFR 1910 and 1926. The Service Provider shall comply with all applicable ICE, federal, state and local laws, statutes, regulations, and codes. In the event there is more than one reference to a safety, health, or environment requirement in an applicable, law, standard, code, regulation, or ICE policy, the most stringent requirement shall apply. 66 ICE.2012FOIA3030000622 EROIGSA-11-0008 VII. 01 August 2011 DETAINEE RIGHTS, RULES, DISCIPLINE, AND PRIVILEGES A. General The Service Provider shall supervise, observe, and protect detainees from personal abuse, discrimination, corporal punishment, personal injury, property damage, harassment, or violation of detainee's civil rights. Service Provider personnel shall adhere, at a minimum, to the 2008 PBNDS and shall permit detainees to: access to the law library, legal materials, facilities, and equipment; shall be provided document copy privileges; and have the opportunity to prepare legal documents. 67 ICE.2012FOIA3030000623 EROIGSA-11-0008 01 August 2011 VIII. MANAGE A DETAINEE WORK PROGRAM A. General Detainee labor shall be used in accordance with the detainee work plan developed by the Service Provider, and will adhere to the 2008 PBNDS on Detainee Voluntary Work Program. The detainee work plan must be voluntary, and may include work or program assignments for industrial, maintenance, custodial, service, or other jobs. The detainee work program shall not conflict with any other requirements of the contract and must comply with all applicable laws and regulations. It will be the sole responsibility of ICE to determine whether a detainee will be allowed to perform on voluntary work details and at what classification level. All detainees shall be searched when they are returned from work details. Detainees shall not be used to perform the responsibilities or duties of an employee of the Service Provider. Detainees shall not be used to perform work in areas where sensitive documents are maintained (designated ICE workspace). Custodial/janitorial services to be performed in designated ICE work space will be the responsibility of the Service Provider. Appropriate 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, unusual physical demands, and cleaning of medical areas. The Service Provider shall supply sufficient Detention Officers to monitor and control detainee work details. Unless approved by the COTR, these work details must be within the security perimeter. 68 ICE.2012FOIA3030000624 EROIGSA-11-0008 IX. 01 August 2011 HEALTH SERVICES The Service Provider will provide all health and medical-related services for the facility, as previously described in this PWS. A. Manage a Detainee Death in Accordance with the 2008 PBNDS on Terminal Illness, Advance Directives, and Death In the event of a detainee death, the Service Provider shall immediately notify the COTR or ICE designated official and submit a written report within 24 hours. The Service Provider shall fingerprint the deceased. Staff members performing the fingerprinting shall date and sign the fingerprint card to ensure that a positive identification has been made and file the card in the detainee's file. Personal property of the deceased shall be inventoried and forwarded to the designated family member, the nearest of kin or the Consular Officer of the detainee's country of legal residence. If death is due to violence, accident surrounded by unusual or questionable circumstances, or is sudden and the deceased has not been under immediate medical supervision, the Service Provider shall notify the coroner of the local jurisdiction to request a review of the case, and if necessary, examination of the body. The Service Provider shall establish coroner notification procedures outlining such issues as performance of an autopsy, who will perform the autopsy, obtaining state approved death certificates, and local transportation of the body. The Service Provider shall ensure the body is turned over to the designated family member, the nearest of kin or the Consular Officer of the detainee's country of legal residence. 69 ICE.2012FOIA3030000625 EROIGSA-11-0008 X. 01 August 2011 FOOD SERVICE A. Manage Food Service Program in a Safe and Sanitary Environment The Service Provider shall provide detainees with nutritious, adequately varied meals, prepared in a sanitary manner while identifying, developing, and managing resources to meet the operational needs of the food service program. The Service Provider shall identify, develop, and manage food service program policy, procedures, and practices in accordance with the 2008 PBNDS on Food Service. The Delaney Hall facility shall provide a centralized dining room. Vending machines or commissary services for those detainees wishing to purchase additional snacks may be provided. 70 ICE.2012FOIA3030000626 EROIGSA-11-0008 XI. 01 August 2011 DETAINEE SERVICES AND PROGRAMS To the extent possible, all detainees assigned to Essex County Jail will be housed in building 5 of the Essex County Jail and will not mix with County inmates housed at that facility, At Delaney Hall, ICE detainees will not mix with County inmates housed at that facility, but will be housed and receive all program services separately. A. Manage Detainee Clothing, Linens, and Bedding The Service Provider shall issue and exchange detainee clothing, linen, and bedding in accordance with the 2008 PBNDS on the Issuance and Exchange of Clothing, Linen, and Bedding. ICE detainee uniforms will conform to the civil detention objectives of ICE. B. Manage Multi-Denominational Religious Services Program The Service Provider shall ensure detainees of different religious beliefs will be provided reasonable and equitable opportunity to practice their respective faiths. The religious services program will comply with all elements of the 2008 PBNDS on Religious Practices. C. Provide for a Detainee Recreation Program* * All requirements associated with access and availability to outdoor recreation at the Essex County Correctional Facility shall be provided no later than 12 (twelve) months after award of this Agreement. The requirements associated with access and availability to indoor recreation at the "up-gym" shall be provided no later than 30 (thirty) days after award of this Agreement. The Service Provider shall develop and ensure adequate and meaningful recreation programs for detainees at the facility. In addition to the indoor and outdoor recreation areas, the facility shall provide several multi-purpose rooms that can be used by detainees to play indoor table games, watch TV, read, and interact with other detainees in a relaxed setting. The indoor and outdoor areas will offer recreational equipment to provide aerobic and strength conditioning. Outside recreation activities may include handball, volleyball, basketball, soccer, or other activities appropriate to the needs of the population. Subject to the security needs of the facility, detainees may be allowed to access the recreation areas within the facility's perimeter at various hours of the day and early evening. Recreation at Essex County Jail and Delaney Hall shall, at a minimum, comply with those as outlined in the offerer's proposal. 71 ICE.2012FOIA3030000627 EROIGSA-11-0008 01 August 2011 Upon completion and ICE's inspection and approval of the newly constructed, outdoor recreation areas, (at Delaney Hall and Essex County Jail), the outdoor recreation yard at Essex County Jail shall be available to all ICE detainees for a minimum of 1.5 hours a day, five days a week, the outdoor recreation facility at Delaney Hall will be available for ICE detainees seven (7) days a week for over seven (7) hours each day. The gymnasiums in both facilities will be available for use for ICE detainees according to the following schedule: Delaney Hall will allow access seven (7) days a week for over six (6) hours each day, and Essex County Jail will allow access to the "Up-gym" seven (7) days a week for 1.5 hours each day. Each housing area will also have indoor recreation available to ICE detainees. In Essex County Jail, detainees will have up to twelve (12) hours of indoor recreation in the housing common area and housing courtyard recreation daily, in Delaney Hall, day rooms will be open and available for detainees for over thirteen (13) hours daily. In Delaney Hall, a secure email system may be provided for use by the detainees. Under very controlled access, detainees may be allowed access in order to contact and maintain family ties. D. Manage and Maintain a Commissary A commissary shall be operated by the Service Provider as a privilege to detainees who will have the opportunity to purchase from the commissary several times per week. These items will not include those items prohibited by the Warden/Facility Director. The commissary inventory shall be provided to the COTR upon request. The Service Provider may assess sales tax to the price of items, if state sales tax is applicable. Revenues are to be maintained in a separate account and not commingled with any other funds. If funds are placed in an interest bearing account, the interest earned must be credited to the detainees. Any expenditure of funds from the account shall only be made with the approval of the Contracting Officer. Any revenues earned in excess of those needed for commissary operations shall be used to benefit the "Victims of Crime" Program or other such program ECCC is required by law. The Service Provider shall provide independent auditor certification of the funds to the COTR every quarter. Detainees are permitted to receive funds from outside sources (i.e., from family, friends, bank accounts). Outside funds or those generated from work may be used to pay for products and services from the commissary. E. Visitation** 72 ICE.2012FOIA3030000628 EROIGSA-11-0008 01 August 2011 ** The requirements associated with access and availability to contact visitation shall be provided no later than 30 (thirty) days after award of this Agreement. Visitation at Essex County Jail and Delaney Hall shall, at a minimum, comply with those as outlined in the offerer's proposal. Visitation shall be provided within a designated area with hours of operation throughout the week. The facility shall provide private areas for attorneys to visit clients and multi-purpose rooms for NGOs rights presentations [and EOIR LOP programs]. These rooms shall also be available for use by consular officials. Contact visitation at Delaney Hall and Essex County Jail shall be scheduled to maximize the visitation time per detainee and number of visitors per detainee within the visitation area capacity at the respective facilities. Special consideration shall be given to family circumstances and individuals who have traveled long distances. The Service Provider may remove an individual's contact visitation privileges only through a violation of facility rules or regulations. The contact visitation area shall be equipped to accommodate children. At Delaney Hall, ICE detainees are entitled to two (2) hours per visitation session Monday through Friday and three (3) hours on the weekends. All visits will be contact visits conducted in the gymnasium. At Essex County Jail, ICE detainees will be allowed 7.5 hours of visitation per week. This is broken down as five (5) hours of contact visitation and 2.5 hours of noncontact visitation. Visitation will be open Wednesday through Sunday. Contact visitation will be pre-scheduled and non-contact visitation will not be pre-scheduled. Visitation space shall be set aside for a parenting program as described in offerer's proposal. F. Law Library The Service Provider shall provide secure space within the secure perimeter, either a dedicated room or a multipurpose room for computers, printers, books, and materials to provide a reading area - "Law Library" - in accordance with the 2008 PBNDS on the Access to Legal Materials. G. Library The Service Provider shall provide secure space within the secure perimeter, either a dedicated room or a multipurpose room for books and materials to provide a reading 73 ICE.2012FOIA3030000629 EROIGSA-11-0008 01 August 2011 area and detainees will be permitted to take books back to their housing area consistent with safety and security requirements. H. Barber Shop A barber shop, designed and equipped in accordance with ICE standards, shall be made available to ICE detainees I. Language Access The Service Provider will ensure that applicable content of all instructions given to ICE detainees and copies of the Detainee Handbook - as addressed in the PBNDS 2008 standards - are communicated to detainees in a language or manner that the detainee can understand. All written materials provided to detainees shall generally be translated into Spanish. Where practicable, provisions for written translation shall be made for other significant segments of the ICE population with limited English proficiency. Oral interpretation or assistance shall also be provided to any ICE detainee who speaks another language in which written material has not been translated or who is illiterate. J. Create and Manage a Detainee Representative Program Essex County Jail will continue to operate its current Detainee Representative Program and Delaney Hall will maintain a similar program. Functioning separately from the Detainee Grievance Program, detainees elect representatives from their living quarters to represent them in bringing issues forward to staff and/or supervisors. A facility manager shall meet with detainee housing area representatives on a scheduled basis to address detainee concerns. K. Physical Plant The facility operation and maintenance shall ensure that detainees are housed in a safe, secure, and humane manner. All equipment, supplies, and services shall be Service Provider-furnished except as otherwise noted. The Service Provider shall remain in compliance with federal statutes during performance of the contract including, but not limited to the following Acts: Clean Air, Clean Water, Endangered Species, Resources Conservation and Recovery; and other applicable laws, regulations and requirements. The Service Provider shall also comply with all applicable limitations and mitigation identified in any Environmental Assessment or Environmental Impact Statement prepared in conjunction with the contract pursuant to the National Environmental Policy Act, 42U.S.C. 4321. The Service Provider shall be responsible for and shall indemnify and hold the Government harmless for any and all spills, releases, emission, disposal and discharges of any toxic or hazardous substance, any pollutant, or any waste, whether sudden or gradual, caused by or 74 ICE.2012FOIA3030000630 EROIGSA-11-0008 01 August 2011 arising under the performance of the contract or any substance, material, equipment, or facility utilized. For the purposes of any environmental statute or regulation, the Service Provider shall be considered the "owner and operator" for any facility utilized in the performance of the contract, and shall indemnify and hold the Government harmless for the failure to adhere to any applicable law or regulation established to protect the human or physical environment. The Service Provider shall be responsible in the same manner as above regardless of whether activities leading to or causing a spill, release, emission or discharge are performed by the Service Provider, its agent or designee, a detainee, visitors, or any third party. If a spill(s) or release(s) of any substance into the environment occur, the Service Provider shall immediately report the incident to the COTR or ICE designated official. The liability for the spill or release of such substances rests solely with the Service Provider and its agent. A safety program shall be maintained in compliance with all applicable Federal, state and local laws, statutes, regulations and codes. The Service Provider shall comply with the requirements of the Occupational Safety and Health Act of 1970 and all codes and regulations associated with 29 CFR 1910 and 1926. Fire Alarm Systems and Equipment - All fire detection, communication, alarm, annunciation, suppression and related equipment shall be operated, inspected, maintained and tested in accordance with the most current edition of the applicable NEC and Life Safety Codes . 75 ICE.2012FOIA3030000631 EROIGSA-11-0008 XII. 01 August 2011 PROPERTY ACCOUNTABILITY A. General The Service Provider personnel shall not permit any Government property to be taken away or removed from the premises. The Service Provider shall enact practices to safeguard and protect Government property against abuse, loss, or any other such incidents. Government property shall be used only for official business. All Government property furnished under this contract shall remain property of the Government throughout the contract term. ICE shall maintain a written inventory of all Government property issued to the Service Provider for performance hereunder. Upon expiration of this contract, the Service Provider shall render a written accounting to the COTR of all such property. The Service Provider shall assume all risk, and shall be responsible for any damage to or loss of Government furnished property used by Service Provider employees. Normal wear and tear will be allowed. The Service Provider, upon expiration of services, shall immediately transfer to the COTR, any and all Government property in its possession or in the possession of any individuals or organizations under its control, except as otherwise provided for in this contract. The Service Provider shall cooperate fully in transferring property to the successor Service Provider. The Government shall withhold final payment until adjustments are made for any lost property. B. Facility, Equipment, Materials, Supplies, and Instructions Furnished by the Government The Government will furnish the following property at no cost to the Service Provider: 1. Copies of the detention standards cited in the PWS and one copy of all pertinent operational manuals prior to starting work under the contract. The Service Provider shall be responsible to duplicate these standards for Service Provider employees. 2. Administrative forms, Equal Employment Opportunity, Occupational Safety and Health Administration, Service Contract Act, Drug Free Posters, and DHS OIG hotline poster, as required in this contract. As applicable DHS work orders will be issued to the Service Provider via DHS Form 1-203, Order to Detain or Release Alien. 3. ICE office space equipment, such as, but not limited to: office telephones, copying machines, fax machines, computer equipment, and typewriters for Government use. The Government shall be responsible for installation of conduit and data lines within the dedicated Government office space, to include the ICE and EOIR administrative phone system. 76 ICE.2012FOIA3030000632 EROIGSA-11-0008 01 August 2011 XIII. FIREARMS / BODY ARMOR A. Firearms Requirements 1. The Service Provider shall provide new firearms and maintain sufficient licensed firearms and ammunition to equip each armed Detention Officer and armed supervisor(s) with a licensed weapon while on duty. Firearms may be reissued to new replacement employees throughout the life of the contract as long as the firearm is in serviceable condition. 2. Personal firearms shall not be used. A licensed gunsmith shall certify, in writing, all firearms safe and accurate. 3. Firearms shall be standard police service-type, semi-automatic or revolvers capable of firing hollow-point ammunition that meets the recommendations of the firearms manufacturer. Ammunition will be factory load only - no reloads. The Service Provider shall adhere to the manufacturer's specifications regarding ammunition retention, e.g., ammunition shall be properly rotated and older ammunition utilized prior to utilization of newer ammunition. 4. The Service Provider shall provide sufficient ammunition for each armed Detention Officer, including uniformed contract supervisor(s); they shall be issued three full magazines. 5. The Service Provider shall account for all firearms and ammunition daily. 6. If any weapons or ammunition are missing from the inventory, the COTR shall be notified immediately. 7. All firearms shall be licensed by the State. 8. Firearms will be inspected. This shall be documented by the Warden/Facility Director. 9. Loading, unloading, and cleaning of the firearms shall only take place in designated areas. 10. The firearms shall be cleaned and oiled as appropriate to ensure optimum operating conditions. 11. Firearms shall be carried with the safety on, if applicable, with a round in the chamber. 12. The Service Provider shall maintain appropriate and ample supplies of firearms upkeep and maintenance equipment (cleaning solvents, lubricating oil, rods, brushes, patches, and other normal maintenance tools). 13. The Service Provider shall provide a complete listing of licensed firearms by serial numbers and by each safe location to the COTR upon request. 14. These lists shall be kept current through the terms of the contract and posted within each firearm's safe. 15. The Service Provider shall obtain and maintain on file appropriate State and municipality permits and weapons permits for each officer. 16. A copy of this permit shall be provided to the COTR upon request. 17. The Service Provider shall ensure that his/her employees have all permits and licenses in their possession at all times while in performance of this contract. 77 ICE.2012FOIA3030000633 EROIGSA-11-0008 01 August 2011 18. The Service Provider shall provide safes/vaults for storage of firearms and ammunition, for each location where firearms are issued or exchanged, which meet agency requirements and are approved for the storage of firearms and ammunition. 19. The COTR is responsible for approving the proposed safes/vaults prior to usage. Contract supervisors and guards shall make accurate receipt and return entries on a Firearms and Equipment Control Register. 20. Except when issuing or returning ammunition or firearms, each safe/vault shall remain locked at all times. 21. The Service Provider shall be responsible for having the combination of each safe/vault changed at least once every six months, or more often if circumstances warrant. 22. The Service Provider certifies firearms training to the COTR. 23. The Service Provider shall certify proficiency every quarter. 24. The Service Provider shall provide an ICE approved intermediate weapon(s). B. Body Armor Requirements 1. The Service Provider shall provide body armor to all armed Detention Officers and armed supervisor(s). 2. Body armor shall be worn while on armed duty. 3. The body armor shall meet all requirements as set forth in the ICE Firearms Policy. 4. The Service Provider shall procure replacement body armor if the body armor becomes unserviceable, ill-fitting, worn/damaged, or at the expiration of service life. 5. All armed Detention Officers and armed supervisors need to be made aware of the health risks associated with the wearing of body armor in high heat/high humidity conditions and/or during strenuous exertion. When Detention Officers and supervisors are required to wear body armor, they shall be provided opportunities to rehydrate and remove the body armor as necessary. 6. The use of personally owned body armor is not authorized. 78 ICE.2012FOIA3030000634 EROIGSA-11-0008 XIV. 01 August 2011 STATEMENT OF OBJECTIVES IMMIGRATION DETENTION REFORM REQUEST FOR INTER-GOVERNMENTAL SERVICE AGREEMENT (IGSA) CONCEPT PROPOSAL: NORTH EAST A. Introduction: A key goal of Immigration Detention Reform is to create a civil detention system that is not penal in nature. However, ICE recognizes that some detainees may have a criminal history. Consequently, detainees at the medium and maximum classification levels may require housing in a more secure area of the facility. The new system will provide safe and secure conditions of confinement based on the individual characteristics of a diverse population, including: threat to the community, risk of flight, type and status of immigration proceeding, community ties, medical and mental health issues. Accordingly, ICE requires a wholly new generation of detention facilities uniquely suited to ICE's civil detention authority. The new facilities must feature innovative and cost-effective designs and new approaches to construction materials, staffing, and operations. They must also provide easy access to legal services, abundant natural light, ample outdoor recreation, contact visitation, noise control, freedom of movement, programming opportunities consistent with detainee demographics, and state-of-the art medical facilities. This statement of objectives (SOO) reflects the need to acquire detention services from an IGSA partner in a supervised facility that is safe and secure, prevents unauthorized entry and egress, and provides appropriate custody and care to the ICE detention population specified below in Section B, Facility Overview. In response to this SOO, interested IGSA holders should submit a written concept proposal or white paper to the Cognizant Contracting Officer and local ERO Field Office Director (FOD) on or before (insert date here), that provides an overview of the offeror's proposed facility and demonstrates how operation of that facility correlates to the ICE detention concept described below. An estimated per diem rate and estimated delivery time should also be included. The Government cannot guarantee that an award will be from these submissions. B. Facility Overview: The desired services can be provided in a dedicated multi-purpose facility or multi-facility campus with both secure (medium and maximum security cases) and non-secure residential (low and minimum security cases) beds that is designed and operated to process and house adult detainees, including the full range of criminal and non-criminal cases, in a manner consistent with ICE's recently announced civil detention reform initiatives. The facility or campus must have a minimum of 1,000 detention beds. The ideal facility will have 2,250 detention beds with the capacity to expand to 2,750 beds. Eighty percent of capacity should be secure beds, and 20 percent of capacity should be non-secure beds. The facility or 79 ICE.2012FOIA3030000635 EROIGSA-11-0008 01 August 2011 campus must have the ability to separately house male and female detainees of all ICE security classifications levels in accordance with the ICE Performance Based National Detention Standards (PBNDS) and may be called upon to house families on a temporary or longer-term basis in accordance with the ICE Family Residential Standards (FRS). Bed space for the housing of families may be included as part of the bed space expansion capability. The ideal multi-purpose facility or multi-facility campus will have or offer the following: Facility Exterior/Design: ? Innovative designs, materials, and technology that, where possible and practical, combine the use of innovative soft construction techniques with traditional "brick and mortar" penal structures, which will reduce construction and operating costs while promoting the least restrictive detention environments appropriate to the population. ? An environmentally sustainable design and operation that is certifiable through the Leadership in Energy and Environmental Design (LEED) process. ? Possible co-location with an existing detention facility that can provide or at least augment support services, such as: food, maintenance, laundry, utilities, and dental/medical/mental health as a way of minimizing construction costs, build-out time, and operational expenses. ? Infrastructure capability and flexibility to expand or contract bed space capacity as ICE detention demographics and population numbers fluctuate and shift (over the long-term). ? Appropriately sized and staffed dental, medical, and mental health facilities. The IGSA will arrange for a health services provider or may request ICE's Division of Immigration Health Services (DIHS) to staff and operate the medical unit. ? Facilities, including courtrooms, for the Executive Office for Immigration Review (EOIR) and ICE staff and video-conferencing capability. ? Multiple Closed Circuit Television (CCTV) cameras and other appropriate electronic security equipment throughout the campus or facility, including all entry and exits points, all housing units, and all areas where detainees are authorized to move and congregate. Facility Interior/Operations: ? Natural/ambient light throughout the facility. ? Indoor and outdoor community areas with durable, fire-resistant, non-institutional seating and furniture, and softer interior settings throughout the facility. ? Enhanced but controlled freedom of detainee movement. Freedom of movement will be applicable to all ICE classification levels, although the manner and degree of 80 ICE.2012FOIA3030000636 EROIGSA-11-0008 01 August 2011 implementation may vary based on security levels. ? ? Enhanced indoor and outdoor recreational activities, with extended hours. Ideally, a minimum of four hours per day of outdoor recreation should be provided in a natural setting that allows for vigorous aerobic exercise. Enhanced programming, including religious services and social programs, as appropriate for the population demographics and average length of stay (ALOS). The ALOS for the North East field offices is 49 days. ? Enhanced law library and legal resources. ? Dedicated space for religious services. ? Emphasis on communal areas and social interactions consistent with security levels. ? Contact visitation, including arrangements for visiting families, with extended hours. This will be applicable to all ICE classification levels, although the manner of implementation may vary based on security levels. Where practicable, visitation should include visitation both day and evening hours, seven days a week. ? Private areas for attorney-client contact visitation, video teleconferencing capability, and innovative solutions for visitation, including virtual visitation, from remote areas for attorneys and families unable to travel to the facility. ? Private showers and restrooms, where practicable and appropriate based on security levels. ? Cafeteria-style meal service with menu options. (Satellite feeding of detainees in certain secure areas or limited circumstances may be required, but should be limited). ? Non-institutional detainee clothing and staff uniforms. ? A high-degree of facility staff-detainee interaction in order to address detainee grievances, housing issues and facility concerns. C. Facility Location: The ideal facility location will: ? Be within an intersecting two-hour surface commute from Newark, New York City and Philadelphia, as depicted on the attached area map. ? Serve as a transportation hub for picking up and dropping off ICE detainees within an 8 hour one way drive time from the facility. 81 ICE.2012FOIA3030000637 EROIGSA-11-0008 01 August 2011 ? Be within an approximate 30-minute surface commute time of a general acute care hospital that has an emergency room, surgery, medical, and mental health services and within an approximate 90-minute surface commute time of an ICE/DRO Air Operations Unit-approved airport. ? ? Have access to public and commercial transportation routes and services. Have access to local consulates and pro-bono legal services. D. Performance Outcomes Expected Outcomes may be viewed at the following three links: Performance-Based National Detention Standards (PBNDS) The more restrictive, secure areas will be governed by the optimal performance levels articulated in the ICE PBNDS 2008 (currently in existence) or 2010 (pending approval), available at the following website: http://www.ice.gov/partners/dro/PBNDS 2010/index.htm . Adult Residential Standards (ARS) The non-secure residential areas will be governed by the performance levels articulated in the ICE Adult Residential Standards available at the following website: http://www.ice.gov/partners/dro/ARS2010/index.htm . The ARS are currently under development. Family Residential Standards ( FRS) Should it be necessary to detain families at the facility, their environment will be governed by the ICE Family Residential Standards available at the following website: http://www.ice.gov/pi/familyresidential/index.htm . 82 ICE.2012FOIA3030000638 RESPONSE TO ICE QUESTIONS (2/25/2011) 1. GENERAL a. Please provide Microsoft Word documents of all attachments: schedule matrix/schedule narrative/etc. Please See Attached 2. RECREATION a. Gymnasium Q: Is the use of the gymnasium the same as indoor recreation designated on the submitted schedule matrix? Yes Q: Is indoor recreation considered use of the gymnasium? Yes Q: What equipment will be available in the gym? Basketball, volleyball, and chin up bars are available in the gym Q: As an individual detainee, how many hours a day would I be guaranteed use of the gym? ICE detainees may use the gym seven days a week on the following schedule: Morning Session: Afternoon Session: Late Session: 8:15am-11:00am 1:30pm-4:00pm 9:00pm-10:00pm These sessions are depicted on the Delaney Hall Schedule Matrix. The maximum possible time an ICE detainee could utilize the gym is 6 hours and 15 minutes each day. An additional gym recreation period is available to the ICE detainee population from 7:00pm-9:00pm each Saturday and Sunday. Q: How will you break down gym use (6 hours - 9 1/2 hours)? ICE detainees can choose to attend the gym during any of the sessions listed above. Q: You've specified availability but what will the schedule look like to rotate housing areas in and out of the gym? ICE detainees can choose to attend the gym during any of the sessions listed above. If demand outstrips the maximum capacity of the gym, a rotation will be initiated. Each of the three distinct housing areas designated for ICE detainees, First Floor, Second Floor Front, and Second Floor Back, will be 1 ICE.2012FOIA3030000639 rotated so that each will be given the first opportunity to choose their preferred recreation site every fourth day. For instance, the ICE detainees living on the First Floor will be called out to recreation first on Monday, second on Tuesday, last on Wednesday, and back to first on Thursday. b. Housing area recreation Q: How many hours will day rooms be made available for leisure activities each day and each day of the week specifically? Dayrooms are open and available for leisure activities seven days a week on the following schedule: 6:45am-11:00am 12:00pm-4:00pm 5:00pm-10:00pm The dayrooms are available for use 13 hours and 45 minutes each day. Q: Please breakdown the schedule more specifically The schedule is listed above. Q: Do you have a program schedule for use of the group rooms? i.e. Anger Management at 10:00 am We plan to offer in one hour blocks an aggressive program schedule for ICE detainees as follows: Monday Tuesday Wednesday Thursday Friday Saturday Saturday Sunday Q: 11am-12noon 11am-12noon 11am-12noon 11am-12noon 11am-12noon 11am-12noon 3pm-4pm 3pm-4pm 3pm-4pm 3pm-4pm 3pm-4pm 3pm-4pm 3pm-4pm Substance Abuse Services Family Services Basic Key Boarding Post-Traumatic Stress Basic Health & Hygiene Family Services Remedial English Remedial English On your schedule matrix: at 11:00 and 4:00 are these programs taking place in the group rooms? All program services are scheduled in the group rooms or cafeteria. Q: What happens in the group rooms when programs are not in place? Group rooms will be closed when not in use. Q: What equipment is available in day rooms and group rooms? Various board games to include checkers and chess, dominoes, cards, reading materials, ping-pong table and television will be available in day rooms. Group rooms will be outfitted with the equipment necessary for the program service being offered. 2 ICE.2012FOIA3030000640 c. Outdoor recreation Q: If I am a detainee, during what hours can I use the outdoor recreation yard? ICE detainees may use the outdoor recreation yard seven days a week (weather permitting) on the following schedule: Morning Session: Afternoon Session: Evening Session: 8:15am-11:00am 1:30pm-4:00pm 7:00pm-9:00pm These sessions are depicted on the Delaney Hall Schedule Matrix. The maximum possible time an ICE detainee could utilize an outdoor recreation area is 7 hours and 15 minutes each day. Q: Will each detainee be able to recreate 6 hours a day outside if they choose to do so? An ICE detainee could choose to spend a maximum of 7 hours and 15 minutes seven days a week recreating in an outdoor recreation yard. Q: Can you specify the square footage of the recreation yard? The recreation yard measures 32,325 sq feet, less the 5' perimeter boundary for a net useable space of 29,840 sq ft. Q: What equipment is available in the outdoor recreation yard? Basketball, handball, soccer, chin up bars, and dip bars are available. 3. VISITATION Q: If I am a detainee how many hours am I going to receive and when will those hours occur? (Days, hours, number of hours) How much time per visit? An ICE detainee may have two hours per visitation session Monday through Friday and three hours on the weekends in accordance with the following schedule: Delaney Hall First Floor ICE housing units and Second Floor Front housing units may have contact visitation on: Monday and Tuesday: Saturday: 7:00pm-9:00pm 1:00pm-4:00pm Delaney Hall Second Floor Back ICE housing units may have contact visitation on: Thursday and Friday: Sunday: 7:00pm-9:00pm 1:00pm-4:00pm All visits are contact visits. 3 ICE.2012FOIA3030000641 Q: Will there be a minimum number of hours per visit? An ICE detainee may spend two hours on a contact visit on weekdays and three hours on a weekend day. Q: What is the maximum amount of visitation time any given detainee can have per week? Seven hours per week Q: Will your visits be pre-scheduled? Visits will not be pre-scheduled, but will be limited to the individuals listed on the approved list. 4. RELIGIOUS SERVICES Q: Do you plan to allow for Religious Services on any other days but Wednesday and Sunday, (please see your matrix)? Additional services will be scheduled as ICE detainee needs and/or interests dictates. 5. LAW LIBRARIES Q: What do you plan to do for a law library? (books, lexus nexus, dedicated areas)? Delaney Hall will have dedicated computer stations and a printer to accommodate ICE detainee Law Library needs. The facility will have the current version of Lexis Nexis available on each of the computer stations. Any additional supplements that are not available through Lexis Nexis will be purchased and available in the Law Library. A dedicated Law Library quiet space will be designated for each of the three ICE detainee housing areas. Each of the three spaces will be equipped to meet the legal needs of the ICE detainee population. Q: Are you going to have dedicated space for an EOIR sponsored LOP program and other NGO legal orientation programs? These programs can be held in the group presentation rooms and/or cafeteria depending on space needs. 6. LEISURE LIBRARIES Q: Are you going to allow books to be take out of the library? The facility will also provide dedicated space for a general or leisure library. Books will be allowed to be checked out from this area. Books will also be available on a cart for check out to the ICE detainee population. Q: Will you have a leisure library at all? Yes 4 ICE.2012FOIA3030000642 7. UNIFORMS Q: Please specify uniforms to be worn by staff and detainees. Proposed staff uniforms are as follows: Operations Monitors will wear khaki pants, a powder blue polo and a navy blue blazer. Operations Supervisors will wear khaki pants, a white polo and a navy blue blazer. We propose that the ICE detainees wear khaki uniform pants and a white crew neck shirt with a pocket. 5 ICE.2012FOIA3030000643 . Delaney Hall ICE Beds Genera? 'r'brary 8? Law EDI 8 Library 8? Hours General Library Law Library Day 8:00 AM to 11 :20 AM 10:00 AM to 11:30 AM Monday 1:00 PM to 4:15 PM 2:15 PM to 4:20 PM 6:00 PM to 9:00 PM 6:30 PM to 8:30 PM 8:00 AM to 11:20 AM 10:00 AM to 11:30 AM Tuesday 1:00 PM to 4:15 PM 2:15 PM to 4:20 PM 6:00 PM to 9:00 PM 6:30 PM to 8:30 PM 8:00 AM to 11:20 AM 10:00 AM to 11:30 AM Wednesday 1:00 PM to 4:15 PM 2:15 PM to 4:20 PM 6:00 PM to 9:00 PM 6:30 PM to 8:30 PM 8:00 AM to 11:20 AM 10:00 AM to 11:30 AM Thursday 1:00 PM to 4:15 PM 2:15 PM to 4:20 PM 6:00 PM to 9:00 PM 6:30 PM to 8:30 PM 8:00 AM to 11:20 AM 10:00 AM to 11:30 AM Friday 1:00 PM to 4:15 PM 2:15 PM to 4:20 PM 6:00 PM to 9:00 PM 6:30 PM to 8:30 PM 8:00 AM to 11:20 AM 10:00 AM to 11:30 AM Saturday 1:00 PM to 4:15 PM 2:15 PM to 4:20 PM 6:00 PM to 9:00 PM 6:30 PM to 8:30 PM 8:00 AM to 11:20 AM 10:00 AM to 11:30 AM Sunday 1:00 PM to 4:15 PM 2:15 PM to 4:20 PM 6:00 PM to 9:00 PM 6:30 PM to 8:30 PM Law Library will be conducted through scheduled appointment so as to afford all detainees appropriate time Approved by Facility Administrator Date Effective Date: ICE.2012FOIA3030000644 Delaney Hall - Program Descriptions When ICE detainees are placed at Delaney Hall, the following programs and activities will be available: ? Substance Abuse Education and/or Treatment. Substance abuse education classes as well as more intense substance abuse treatment services including self-help group meetings. For one example, Delaney Hall offers a series of educational classes designed to acquaint the resident with the warning signs and hazards of substance abuse and the available treatment protocols ? Family Therapy and Family Services. Psychoeducational classes that will assist the detainee on understanding and coping with either his removal from his current family or his return to his family. Classes would focus on various methods of making successful adjustments back to his community. ? Religious Services and Instruction. Detainees who identify with a particular faith/religion will have designated times for religious instruction and services. ? Basic Keyboarding and Computer Instruction classes. These classes will be made available to detainees who need assistance with the basic understanding of how to use a computer. This will provide them with the ability to successfully access the law library computer database and other software relevant to their case. ? Anger Management Classes. These classes are available to detainees who are identified as having issues with self-control of emotions and behavior. Classes would be conducted using a structured curriculum, such as Cage Your Rage, that will provide pro-social alternatives to acting out one's emotions. ? Post-traumatic Stress Disorder Services. Research has found that a significant subgroup of detainees suffer from symptoms related to trauma. Curriculums, such as the Seeking Safety Program, that address trauma and substance abuse can be implemented with select detainees. ? Mental Health Services. These services that include psychotropic medication monitoring, medication compliance groups and psychoeducational services will be made available to those detainees who have been identified as having symptoms of mental illness. Page 1 of 2 ICE.2012FOIA3030000645 Delaney Hall - Program Descriptions ? Rudimentary English and Basic Health and Hygiene. Detainees will be taught basic English that will enhance their ability to communicate in their present settings and learn the basic steps in ensuring good health, with an emphasis on prevention of communicable diseases and sexual transmitted diseases (STDs). ? Leisure activities. Various leisure activities, including both indoor and outdoor recreation, can be utilized at various times throughout the day and early evening. Additional leisure activities include, but are not limited to, checkers, chess, bingo, dominos, scrabble, etc. Page 2 of 2 ICE.2012FOIA3030000646 . Delaney Hall ICE Beds Programming Schedule COMMI EDI F. 5 Programs 11:00 AM to 12:00 PM 3:00 PM to 4:00 PM Day Monday Substance Abuse Substance Abuse Tuesday Family Services Family Services Wednesday Basic Keyboarding Basic Keyboarding Thursday Post Traumatic Stress Post Traumatic Stress Friday Basic Health Hygiene Basic Health Hygiene Saturday Family Services Sunday Remedial English Remedial English Approved by Facility Administrator Date Effective Date: ICE.2012FOIA3030000647 Quality Assurance Program 100.4 Orig Page 1 of 3 Secure Facilities Division Facility Specific SOP Delaney Hall ICE Unit SOP # DEL 100.4 Subject: Quality Assurance Program Effective: 03/31/2011 (DRAFT) Supersedes: Original Related Standards: ACI ALDF PBNDS 7D-02 7D-09 All (1-41) POLICY: It is the policy of the Delaney Hall ICE Unit to provide a Quality Assurance Program to ensure that all policies are being followed in compliance with all required standards and contractual agreements. This monitoring will be accomplished through the implementation of the Self Monitoring Tool and a corrective Quality Assurance Action Plan that ensure all noted deficiencies are remedied in an expedient manner. AUTHORITY: Facility Specific Policy DEFINITIONS: COTR -Contracting Officer's Technical Representative. This is the government employee responsible for monitoring all technical aspects and assisting in administering the contract. PBNDS -Performance Based National Detention Standards. These refer to the 41 performance based standards that ICE requires for a contracting agency to be in compliance with for their standard of care. Quality Assurance Action Plan -A correction action plan that identifies findings of deficiency and the actions necessary to bring that area of deficiency into compliance within a target time frame. Self Monitoring Tool - An audit instrument designed to measure performance outcomes related to the Facility operations in specific areas of Safety, Security, Order, Care, Activities, Justice, Administration and management. These areas are inspected on a designated daily, weekly, monthly and quarterly schedule. PROCEDURES: The facility has established an internal system for assessing the achievement of goals and objectives. As necessary corrective action is taken to remedy any deficiencies noted. The Facility Administrator is responsible to facilitate the appropriate resources necessary for the total commitment to the Quality Assurance Program is provided. A. Implementation, Reporting and Control The Delaney Hall ICE Unit Quality Assurance Program is structured to examine each major functional area of facility of operations. The facility will be required to comply with all monitoring assessments. 1. Weekly Walk Through a. Department Heads conduct a weekly walk through of all living and activity areas to enhance staff and detainee communications, observe living conditions as well as encourage informal resolution of detainee concerns. b. Any deficiencies noted during the weekly walk through are immediately forwarded to the appropriate department and/or shift supervisors for corrective action. Proprietary Information ICE.2012FOIA3030000648 Property of Community Education Centers Secure Facilities Division Quality Assurance Program 100.4 Orig c. Page 2 of 3 During the visits, staff are able to answer questions, identify issues and provide resolutions. 2. Quality Assurance Program and Self Monitoring Tool a. b. c. d. The Coordinator of Operations will manage and oversee the implementation, organization, data collection and interpretation of all audits, schedules and reports involved in the Quality Assurance Program (QAP). All performance measures of the QAP are identified in the QAP Self Monitoring Tool. The QAP defines what areas are audited daily, weekly, monthly or Quarterly. This schedule is the basis for the frequency, documentation and interpretation of the individual audits. All audits are conducted enabling the Facility Administrator and other involved Department Heads to closely examine and finalize the findings and corrective action prior to the end of the month. The QCP Self Monitoring Tool follows a daily, weekly, monthly or quarterly schedule covering Safety, Security, Order, Care, Activities, Justice, Administration and Management. Findings of non-compliance or partial compliance are forwarded to the department heads and Facility Administrator following the Coordinator of Operations review. Each department head is responsible to submit a corrective action plan to the Coordinator of Operations detailing what steps will be taken to correct the deficiency, personnel that will be responsible for completing the corrective task and the target date for completion. 3. Quality Assurance Action Plan a. b. c. d. e. A Quality Assurance Action Plan will be completed for deficiency findings for all audits or inspections whether they are internal or external. The Quality Assurance Action Plan will state the noted deficiency, the steps that will be taken to correct the deficiency, the personnel responsible for that corrective action as well as the target date for completion. The Coordinator of Operations will also note the actual date of completion. The Coordinator of Operations will develop a comprehensive Quality Assurance Action plan. This will be reviewed by both the Facility Administrator and the COTR prior implementation. The Coordinator of Operations will ensure that all Quality Assurance Action Plans are completed in a timely manner and that all corrective remedies are in place as stated. A copy of the Quality Assurance Action Plan will also be forward to the Secure Facilities Division Deputy Director and/or Regional Director. 4. Daily ICE Monitor Visits a. b. The COTR conducts daily visits to functional areas of the facility to ensure the facility is in compliance with the PBNDS and CEC Policy and Procedures. The Facility Administrator and Coordinator of Operations meet daily with the COTR to discuss identified deficiencies and other issues that might have an effect on the operations of the facility. 5. Quality Assurance Meetings a. b. c. Quality Assurance Program meetings will be held monthly between Delaney Hall ICE Unit management team, Essex County management team and the COTR and/or ICE representatives to meet and discuss the findings of audits conducted since the last meeting. Additionally all attendees will review the 41 Performance Based National Detention Standards (PBNDS) required by ICE. Each standard will be reviewed and all parties in attendance have the opportunity to discuss any issues they may have encountered concerning a particular standard. Standards are discussed to make sure that everyone has the same interpretation of the standard and to state what problem they may have had during the monthly period between meetings. Proprietary Information ICE.2012FOIA3030000649 Property of Community Education Centers Secure Facilities Division Quality Assurance Program 100.4 Orig d. Page 3 of 3 The meeting will be documented through either minutes and/or an attendance roster that shall be maintained indefinitely. REVIEW: The Facility Administrator will review this policy on an annual basis. ATTACHMENTS: DEL 100.4 att 01 Self Monitoring Tool DEL 100.4 att 02 Quality Assurance Action Plan Policy Approval Approved for Distribution Deputy Regional Director Policy Approved Facility Administrator Proprietary Information ICE.2012FOIA3030000650 Property of Community Education Centers Secure Facilities Division Nl'n' EDI Delaney Hall ICE Beds Recreation Schedule 1st Floor 2nd Floor Front 2nd Floor Back Day (80 Beds) (136 Beds) (224 Beds) All units/open recreation All units/open recreation All units/open recreation Monday Limit 320 on outdoor 120 on indoor Limit 320 on outdoor 120 on indoor Limit 320 on outdoor 120 on indoor All units/open recreation All units/open recreation All units/open recreation TueSd ay Limit 320 on outdoor 8. 120 on indoor Limit 320 on outdoor 120 on indoor Limit 320 on outdoor 120 on indoor Wednesday All units/open recreation . All units/oben recreation . All units/open recreation . Limit 320 on outdoor 120 on Indoor Limit 320 on outdoor 120 on Indoor Limit 320 on outdoor 120 on Indoor All units/open recreation All units/open recreation All units/open recreation Thursday . . . . . . . . . Limit 320 on outdoor 120 on Indoor Limit 320 on outdoor 120 on Indoor Limit 320 on outdoor 120 on Indoor All units/open recreation All units/open recreation All units/open recreation Frlday Limit 320 on outdoor 120 on indoor Limit 320 on outdoor 120 on indoor Limit 320 on outdoor 120 on indoor Saturday All units/open recreation All units/open recreation All units/open recreation Limit 320 on outdoor 120 on indoor Limit 320 on outdoor 120 on indoor Limit 320 on outdoor 120 on indoor Sunday All units/open recreation All units/open recreation All units/open recreation Limit 320 on outdoor 120 on indoor Limit 320 on outdoor 120 on indoor Limit 320 on outdoor 120 on indoor Morning Recreation is scheduled from 8:minutes) "Indoor Outdoor Monday through Sunday ?Exempting any emergencies there will be a one-way movement in allowed at 9:45 AM Afternoon Recreation is scheduled from 1:30 PM to 4:00 PM (2 and 30 minutes) ?lndoor Outdoor Monday through Sunday 'Exempting any emergencies there will be a one-way movement in allowed at 2:45 AM Evening Recreation is scheduled from 7:00 PM to 9:00 PM (2 hrs) *Outdoor Only Monday through Friday. Indoor Outdoor on Sat/Sun 'Exempting any emergencies there will be a one-way movement in allowed at 8:00 PM - Summer Schedule (4/1 thru 9/30) Late Recreation is scheduled from 9:00 PM to 10:00 PM (Indoor Recreation ONLY) (1 hr) Approved by Facility Administrator Schedule Date ICE.2012FOIA3030000651 Delaney Hall Schedule Matrix Time Monday Tuesday Wednesday Thursday Friday Saturday Sunday Wake 11p Wake up Wake 11p Wake 11p Wake 11p Wake up Wake up Hygiene Hygiene Hygiene Hygiene Hygiene Hygiene Hygiene Count Count Comit C01mt Comlt Count Cormt Prep Prep Prep Prep Prep Prep Prep Stand Up Stand Up Stand Up Stand Up Stand Up Stand Up Stand Up Count C01mt Count C01mt Comit Com1t Comlt 8: 15AM "Breakfast. -Brsalsfast "Breakfast. "Breakfast Recreation Recreation Recreation Recreation Recreation Recreation Recreation (indoor/outdoor) (indoor/outdoor) (indoor/outdoor) (indoor/outdoor) (indoor/outdoor) (indoor/outdoor) (indoor/ outdoor) Substance Family Basic Post-Traumatic Basic Health Family Religious Abuse Sen'ices Services Key Boarding Stress Hygiene Services Service 1 Cormt Comrt Comlt Count Comit C01mt C01mt 1 1 15PM Prep Prep Prep Prep Prep Prep Prep Stand Up Stand Up Stand Up Stand Up Stand Up Stand Up Stand Up Cormt C01u1t Comlt C01n1t Comit C01n1t Comlt ?99911. ?99911. 1111.19.11 "9.19911. "1119.19.14 ?99911. Recreation Recreation Recreation Recreation Recreation Contact Visit (indoor outdoor) (indoor outdoor) (indoor outdoor) (indoor outdoor) (indoor outdoor) Recreation Substance Family Ba31c Post-Traumath Ba51c Health (outdoor only) Abuse Serv1ces Key Boarding Stress Hygiene Remedial English Comlt C01n1t Cormt C01n1t Comit C01n1t Comlt 4: 15PM Prep Prep Prep Prep Prep Prep Prep Stand Up Stand Up Stand Up Stand Up Stand Up Stand Up Stand Up C01u1t C01n1t C01mt Cormt Comit Cormt C01u1t __D_i1_1!1_sr ?193119.11?! 9119419! Dian?! "Dinner" Recreation Recreation Recreation Recreation Recreation Recreation Recreation (outdoor only) (outdoor only) (outdoor only) (outdoor only) (outdoor only) (indoor/outdoor) (indoor/outdoor) 7200PM Commissary Contact Contact Religious Service Contact Contact Requests Religious Visit Visit Visit Visit Services Games Night Personal Time Hygiene Recreation (In-Door only) Cormt Comrt Comit Cormt C01mt Comit C01mt 10: 15PM Prep Prep Prep Prep Prep Prep Prep Stand Up Stand Up Stand Up Stand Up Stand Up Stand Up Stand Up 1 1 Cormt C01u1t Comit Count Cormt Comlt Comlt Lights Out Two (2) body comlts conducted between 12:00 AM. and 5:00 AM. Page 1 of 1 Delaney Hall - Schedule Narrative Below, please find a narrative as it relates to the Delaney Hall facility schedule. ? Breakfast / Lunch / Dinner. Detainees will be fed all three (3) meals in an ICE specific dining hall. Anticipated feeding times are thirty minutes per unit; however, as it is a dedicated dining hall, feeding times can be altered accordingly to provide ample feeding time for all detainees as well as special accommodations for holidays and special events. Further, as movement is scheduled for thirty minute intervals, as well as the schedule being designed for flexibility, those detainees that are not feeding will have access to programming, recreation, law library, leisure activities, medical services, barber services, e-mail, etc. ? Recreation / Leisure Activities. Detainees are offered recreation, at a minimum, six (6) hours per day. Recreation is offered in ICE dedicated areas including day-rooms, outdoor recreation yard, and indoor gymnasium. As indicated previously, movement between recreation, housing, and programs will occur on 30 minute intervals, thus allowing residents to recreate as well as participate in programming, leisure activities, and have access to law library, medical services, barber services, and e-mail throughout the day. The 9:00 P.M. to 10:00 P.M. recreation time will be restricted to indoor recreation. ? Contact Visits. Contact visits are offered for two (2) hours Monday thru Friday Evenings as well as three (3) hours on Saturday and Sunday afternoons. ? Religious Services. Regularly scheduled Christian and Muslim services offered throughout the week as well as ability to schedule additional religious services if required. ? Programs. Programs are anticipated to occur in one hour intervals; however, with schedule flexibility, if longer programs are required or requested, longer programs can easily be accommodated. Further, while schedule identifies one specific program per day, program offerings can be altered based on demand and need of the detainee population, thus providing more than one program on a specific day, or potentially, more than one program during a designated four hour block. Please see program descriptions for those that will be offered. ? Attorney Visits. Detainees can schedule attorney visits through classification and such visits would occur between 8:00 A.M. and 11:00 A.M. as well as 1:00 P.M. and 4:00 P.M. Special requests of off-hour visits can be accommodated upon special request. ? E-Mail. Availability of e-mail kiosks will exist at various locations throughout the facility and be accessible during recreation. ? Counts. A total of four (4) stand-up counts will be conducted during those hours for which the detainees are awake. For "lights out" time, there will be bed checks every thirty minutes. ? Medical Services. Sick call and chronic care visits will be scheduled during the hours of 9:00 A.M. to 11:00 A.M. and 1:00 P.M. to 4:00 P.M. on weekdays. Further, specialized medical appointments will be scheduled upon request and emergencies will be addressed immediately. Page 1 of 1 ICE.2012FOIA3030000653 Delaney Hall - Facility Utilization CEC anticipates the utilization of several multi-purpose areas within Delaney Hall specifically designated for ICE detainees. These areas include the dining hall, day-rooms, group areas, gymnasium, and outdoor recreation yard. Below, please find a description of the services that CEC anticipates accomplishing within each of these respective areas. ? Dining Hall. The dining hall will be utilized to accomplish feeding of all meals and may be used for religious services, leisure activities, programming, as well as a backup or overflow for visitation. Meal times are anticipated to be thirty (30) minute intervals per unit. Religious services, leisure activities, and programming may take place and be available during non-meal times and non "lights out" times in the dining hall when needed. ? Gymnasium. The gymnasium will be utilized for indoor recreation, visitation, religious services, and serve as a backup for programming. Indoor recreation will be available for more than six (6) hours a day, and as much as nine and one half (9.5) hours on many days. Further, contact visits will be available two (2) hours on weekdays and three (3) hours on weekends. Programming and religious services will utilize areas of the gymnasium based upon need. ? Dayrooms. Dayrooms are located in each of the housing units and will be utilized for leisure activities, and occasionally for programming and religious services. Dayrooms are available for these services based upon demand and could be utilized during all non "lights out" times. ? Group Rooms. Group rooms exist at various areas of the facility and will be utilized for programming on a regularly schedule basis. Further, these rooms will also be utilized for staff meetings and staff training. Programming will be available on weekdays for up to four (4) hours per day. Staff meetings and staff training will occur as needed and not interfering with programming activities. ? Outside Recreation Yard. The outside recreational yard at Delaney Hall will be utilized for outside recreation as well as visitation and cookouts during the appropriate seasons and temperatures. Outdoor recreation will be available for more than six (6) hours a day, and as much as nine and one half (9.5) hours on many days, weather pending. Further, contact visits will be available two (2) hours on weekdays and three (3) hours on weekends. Page 1 of 1 ICE.2012FOIA3030000654 Delaney Hall - ICE - 450 Beds (Draft) 5 Day 1st Shift 2nd Shift 3rd Shift Post (7 Day Post) (7 Day Post) (7 Day Post) Position Title Total (By Title) 5 Day Relief 7 Day Relief (no relief) (1.6 factor) ADMINISTRATION (b)(7)(e) Director Administrative Assistant Classification Supervisor SECURITY Deputy Director Operations Supervisor Operations Counselor - 1st Floor Operations Counselor - 2nd Floor Front Operations Counselor - 2nd Floor Back Operations Counselor - Visit Monitor Operations Counselor - Recreation Operations Counselor - Perimeter Operations Counselor - Utility 1st Floor Operations Counselor - Utility 2nd Floor Operations Counselor - Central Control Operations Counselor - Visitation Operations Counselor - Checkpoint MEDICAL Physician Mid-Level, NP (contract or per diem) Health Services Administrator RN Chronic Care RN LPN LPN Psychiatrist (6 hrs per week) Medical Assistant Total: ICE.2012FOIA3030000655 Total Positions Required . Delane Hall . . . comm-n? gnu-MN General VISItatIon Schedule 1st Floor 2nd Floor Front 2nd Floor Back Day (80 Beds) (136 Beds) (224 Beds) Monday 7:00 PM to 9:00 PM 7:00 PM to 9:00 PM Tuesday 7:00 PM to 9:00 PM 7:00 PM to 9:00 PM Special Visits only Special Visits only Special Visits only WedneSd ay By Appointment By Appointment By Appointment Thursday 7:00 PM to 9:00 PM Friday 7:00 PM to 9:00 PM Saturday 1:00 PM to 4:00 PM 1:00 PM to 4:00 PM Sunday 1:00 PM to 4:00 PM All visitation sessions are Contact Visitation Special visits require prior approval from the Administrative Monitor or designee. *Attorney Visits are during normal business hours 8:00 AM to 4:00 legal visits outside normal business hours requires advance approval from the Administrative Monitor or designee so that adequate staffing can be arranged Approved by Facility Administrator Date Effective Date: ICE.2012FOIA3030000656 Page 276 redacted for the following reason: