(b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000810 . . . .. . .. .. .. . . .. REFERENCE NO. OF DOCUMENT BEING CONTINUED FREE OF 2 L14 CONTINUATION SHEET 0301653ij ?0025/ NBME 0F OFFEROH 0R FREDERICK COUNTY ITEM NO. (A). coonnv (C) uuc (D) unusnms (E) amouwr b) The Wage Determination Number 2007-0551, Revision'No. 1. dated 10/29/2007. with adopted wage rates and benefits for Frederick County is hereby incorporated into the referenced ISGA per enclosed Attachment II. to this modification. . c)The Security requirements for gmpqumonr screening are incorporated into the referenced IGSA under Article VII. Employment Screening Requirements are listed as follows. Article VII. Employment Screening Requirements A. General. The service Provider shall certify to the 0.3. Immigration and Customs Enforcement, Contracting Officer that any performing under this Agreement, who have access to ICE detainees. will have successfully completed an employment screening that includes at a 'minimmn a criminal history records check, employment reference checks and a citiz?nship check. B. Employment Eligibility. Screening criteria that will exclude applicants from consideration to perform.under this agreement includes: 1 . Felony convictions 2. Conviction of a sex crime 3. Offense/5 involving .a child victim 4. Felony drug convictions 5. Pattern of arrests. without convictions, that bring into question a person's judgment and . reliability to promote efficiency and integrity . of the ICE mission. 6. Intentional falsitication andfor omission of pertinent personal information to influence a favorable employment decision. Subject to existing law, regulations and/or other provisions of this Agreement. illegal or ?undocumented aliens shall not be employed by the Provider. The Service Provider shall certify that each employee working on this Agreement will have a Social Security Card issued and approved by the Social Security Administration. The Service Provider shall be responsible to the Government Continued NSN 7569-91452-3037 opnommsu are {4.35) by sea FAR as one 53.1w REFERENCE no. or nonmembers CONTINUED GONHNUKHONSHEET PAGE OF 3 I WOFOFFEROR or: FREDERICK COUNTY I I newno. summersaewces AMOUNT (A) (F3 for acts and omissions of his own employees and for any Subcontra?torCs} and their employees. The Service Provider shall expressly incorporate this provision into any and all-Subcontracts or subordinate agreements issued in support-of this Agreement . The Service Provider shall reoertify their every three years by conducting a criminal history records check to maintain the integrity of the workforce. The Service Provider shall implement a self-Reporting requirement for its employees to immediately report one'e own criminal arrest/s to superiors. C. Security Management. The service rrovider shall appoint a Senior official to act as the Agreement Security Officer. The individual will interface with the COTE on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Service Provider. d) The language under Article XI Adjusting the Detainee Day Rate is change to read as follows: From: Article XI Adjusting the Detainee Day Rate ICE shall reimburse the Service Provider at the fixed detainee day rate shown on the cover page of the document, Article I. The Parties may adjust the rate twenty?four (24) months after the effective date of the agreement and every twalve (12} months thereafter. The Parties shall base the cost portion of the rate adjustment on the principles of allowability and allooability as set forth in OMB Circular Aw87, federal procurement laws, regulations, and standards in arriving at the detainee day rate. The request for adjustment shall be submitted on an ICE Jail Services Cost Statement. If ICE does not receive an official request for a detainee day rate Continued I Sponacred by GSA FAR (48 53.110 OPTIONAL FORM 553 REFERENCE NO. OF DOCUMENT BEING GONHNUED SHEET PAGE OF I 14 NAME OF OFFERDR OR CONTRACTOR FREDERIGK new: no. suwuemsemces (A) (B) AMOUNT (a indefinitely. See Article XI A. To: adjustment that is supported by an ICE Jail Services Cost Statement, the fixed detainee day rate as stated in this Agreement will be in place set forth in OMB Circular 31?37, federal indefinitely. See Article XI A. referenced IGSA remain the same. 202w514-( Article XI Adjusting the Detainee Day Rate ICE shall reimburse the Service Provider at the fixed detainee day rate shown on the cover page of the document, Article I. (C) . .The Parties may adjust the rate twelve {12} months after the effective date of the agreement and every twelve {12) months thereafter. The Parties shall base the cost portion of the-rate adjustment on the principles of allowability and allocability as precurement laws, regulations, and standards in arriving at the detainee day rate. The request for adjustment shall be submitted On an ICE Jail Services Cost Statement. If ICE dees not receive an official request for a detainee day rate adjustment that is supported by an ICE Jail Services Cost Statement, the fixed detainee day . rate as stated in this Agreement will be in place e) 311 other terms and conditions within the ey(hv7 - - P00 W6), Contracting Officer HEN 754041452405? OPTIONAL Form 336 (4-36) spansmad lay can ran as cm 53.119 a' A TITLE PART STANDARDS FOR FEDERAL SERVICE 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 Service Agreement 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: Service Contract Act of 1965, as amended: This contract/ESSA is I 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). - 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. 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 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 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 work by such unlisted Class of employee. A written report of the proposed conforming aetion, including information regarding the agreement or disagreement of the authorized repressntative 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 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 Attachment I 5 ICE 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. The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall notify the contractor of the?action taken. Each affected employee shall be furnished by the contractor with a written Papy_gf such determination or it shall be posted as a part of the wage determination. The process of establishing wage and fringe benefit rates that bears a reasonable relationship to those listed in a wage determination cannot be [IPage.4l]] 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/165A.modification, an exercise of an ?option or extension of an existing contract, or in any other case where a contractor succeeds a Contradt/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 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/less work by the unlisted class of employees, the contractor-shall advice the contracting officer of the action taken but the other procedures in paragraph lb) (2) (ii) of this section need not be followed. - . No employee engaged in performing work on this Contract/168A shall in any event be paid less than the .currently applicable minimum wage specified under section Sta) (1) of the Fair Labor Standards Act of 1938, as amended. The wage rate and fringe benefits finally determined pursuant to paragraphs (ii) of this Section shall be paid to all employees performing in the classifiCation from the first day on which ContractlIGSA 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 Hen: Division retroactive to the date such class of employees commenced Contract/168A work shall be a violation of the Act and this contract.(vi) Upon discovery of failure Attachment I Ir?l= cf to comply with paragraphs through 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/1833 work. If, as authorized pursuant to section 4(a) of the Service Contract Act of 1965 as amended, the term of this Contract/163A 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 +n adjustment after 1 year and not less often than once every 2 years, pursuant to wage determinations to be issued by the Wage and Hour Division, Employment Standards Administration of the Department of Labor as provided in such Act. 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 of 29 CFR part 4, and not Otherwise. 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 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 4213 law or Contract/IGSA for the payment of a higher wage to any employee. (2) If this Contract/1333 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 predeceasor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, 1 to which such employee would have been entitled if employed under the 'predccessor 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/188A may be relieved of the foregoing obligation unless the limitations of Sec. 4.lb{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 CPR-part 4 that the wages and/or fringe benefits provided for in suoh 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/168A 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 Attachmentl . ww- 1 4.11 and parts 6 and 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/165A 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 variance, such determination shall be effective as of the date of the final administrative decision. The contractor and any subcontractOI under this Contract/IGSA shall notify each service employee commencing work on this Contract/138A 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. The contractor or subcontractor shall not permit any part of the services called for by this Contract/IGSA ta. . 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. (93(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 (1) 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: . Name and address and social security number of each employee. (iijThe 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. - 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. A list of monetary wages and fringe benefits for those classes of service employees not included in the wage I 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 of this section. A copy of the report required by the clause in Paragraph lb} (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. (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. (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. 1h) 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 f??r??riodmi?m??ich such wages'were earned or accrued. A pay period - under this Act may not be of any duration longer than The contracting officer shall withhold or cause to be withheld from the-Government prime contractor under this or ;any other Government Contract/163A 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. Attachment I 9 ICF 8_ 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. 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 Joly [[Page44J) 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) of the Act and is for informational purposes only: - The following classes of service employees expected to be employed under the Contract/1683 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 would, if so employed, be paid not less than the following rates of wages and fringe benefits: Monetary Employee class wage- fringe 'benefit I GSWO7 $13.66 (33?09 $22.33 {13(1) If wages to be paid or fringe benefits to be furnished any _servioe employees employed by the Government prime contractor or any schoontractor under the Contract/168A are provided.for in a collective bargaining agreement which is or will be effective during any period in which the Contract/163A 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 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/168A performance, such agreements shall be reported after negotiation thereof. 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/183A and subject to a wage determination which contains Attachment I . 10 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/168A 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 Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR part 4. By entering_into this contract, the contractor {and officials thereof) certifies that neither it (nor be 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. No part of this Contract/IGSA shall be subcontracted to any person or firm ineligible for award of a Government ContractKIGSA 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. (0) Notwithstanding any of the clauses in paragraphs through 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(bJ-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 45l] 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). 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, Attachmentl . - 11. - ICE 2012F0IA3moopn89o 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). 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. - - JW, . . 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 journeyman employed on the Contract/IGSA work in any craft -classification shall not be greater than the ratio permitted to the 'Contraotor 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 empIOyee may be credited by the employer against the minimum wage required by Section or of the Act to the extent 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; (23The 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: 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. Disputes concerning labor standards. Disputes arising out of the labor standards provisions_of this Contract/165A rshall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of Attachment I 12 the Department of Labor set forth in 29 CFR parts 4, 6. and 8. DiSputee within the meaning of this clauSe include disputes between the contr?Ctor (or any of its subcontractors) and the contracting agency. the U.S. Department of Laborr or the employees or their representetives.(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: [[9399 46]] - control Paragraph number . . . . . . . . . . . . . . . . . . . . . . . 1215? 0150 . . . . . . . . . . 1215? 0150 1215- 0017 . . . . . . . . . . . . . . . . . . . .. 1215? 0150 (1215- 0150 . .. . . . . . . . . . . . . . . . . . . .. .. .. 1215* 0017 [48 FR 49762, Oct. 27, 1983; 48 FR 50529, Nov. 2.'1983, as amended at 61 FR 68663, Dec. 30, 1996] Amhmnu - 13 Page? REGISTER 0F wriLGE. DETERMMHONS UNDER US. DEPARTMENT OF LABOR THE SERVICE CONTRAGTAOT EMPLOYMENT STANDARDS ADMINISTRATION By direction of the secretary of Labor WAGE AND HOUR GIVISION 1 WASHINGTON. 20210 We Determination no: 20013557 Wi?ahmw. Gross Division of EB Revision No; 1 - Wage Deteonlna?ono Date of Last Revision: mesons? Staterltieryianti Area: Marylenti Oomty of Frederick Employed on US. Department of Homeland Seoul'in contract agreement (ISA) for prisoner detention oewioeo . bemee - United Stems and Customs Enforcement and Wanner Operations Division and Frederick County Adm! Detention Center, MD The wage rates and fringe bene?te paid by above oompeoy are aoopte? as NGTE: under-Section of the Semioe Contact Act no employees shall be paid iess than the mhimmn wage speci?ed by Seofioo of the Fair Labor Standards Act; $5.85 per hour. effective duty 24, 208?, UNIFORM The Eontraoior or is required to furnish all employees with an adequate number of uhifonoe moot costar to Jamboree employees for the apiual cost oftho uniforms. in addition. where uniform deanng and meioton?etooe'ie made the responsibility of the employee, ali commotion; and email-actors However. in ih'oee insinoes where the uniforms fumished are made of *waeh and wear" materiais, may-ho routinely washed and dried with other persona! garments, and do not require any special treatment such as dry cleaning. daily washing. or commercial laundering in order to meet the cleanliness or appearanqe standanclo setby the terriie of the Government connect, by the contractor. by law, or by the nature of the mitt, thereto no requirement that employees be reimbursed for uniform maintenance oosgsPage 1 us. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON, no. 20210 REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT By direction of the Secretary of Labor 5% . Wage Determination No.: 2007-0557 Wliiah'lw. Gross Division of Revision No.: 1 Director . Wage Detennin?ations Date of Last Revision: 10/29!2007 Statez'Ma'ryland Area: Maryland County of Frederick Employed on U.S. Department of Homeland Security contract agreement for prisoner detention services between United States Immigration and Customs Enforcement and Prisoner Operations Division and Frederick County Adult Detention Center, MD The Wage rates and fringe bene?ts paid by above company are hereby adopted as prevailing. NOTE: Under section Of the Service Contract Act no employees shall be paid less than the minimum triage speci?ed by Section of the Fair Labor Standards Act; $5.85 per hour. effective July 24, 200?. '4 UNIFORM ALLOWANCE If employees are required to wear uniforms in the performance of this contract (either by the. terms of the G'bvernment contract, by the employer, by the state or local law, etc). the cost of furnishing Such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee Where such cost reduces the hourly rate below that required by the wage determination. The Department or Lab'Ol' will accept payment in accordance With the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of without Cost or to reimburse employees for the actual cost of the uniforms. in addition, where uniform cleaning and maintenance is made the of the employee, all contractors and Subcontractors subject to this wage determination shall (in the absence of a bona tide collective bargaining agreement providing for a different amount, orthe furnishing of contrary af?rmative proof as to the actual cost). reimburse all employees for such cleaning and maintenance at a rate of $3.35 psrweek (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear? materials, may be routinely washed and dried with other personal ga?nnents, and do not require any special treatment such as dry cleaning. daily washing. or commercial laundering in order to meet the cleanliness or appearance "standards set by the terms of the Government contract. by the contractor. by law, or by the nature of the work, thereis no requirement that employees be reimbursed for uniform maintenance costs. i a 'Washington DC 20536 PAGE OF PAGES 1. CONTRACT ID CODE 1 I 3 AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT 2. AMENDMENTIMODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITIONIPURCHASE REQ. NO. P00002 11/17/2008 5. PROJECT no. {If applicable) 7. ADMINISTERED BY {If other than Item 6} evsamoev cone ICE/Detent Mngt/Detent Contracts?DC Immigration and Customs Enforcement Office of Acquisition Management 425 I Street NW, Suite 2208 Washington DC 20536 ICE/Detent Mngt/Detent Contracts?DC Immigration and Customs Enforcement Office of Acquisition Management 425 I Street NW, Suite 2208 8, NAME AND ADDRESS OF CONTRACTOR (Nd, street, county, State and 9A. AMENDMENT OF SOLICITATION NO. FRE DERI CK COUNTY 7300 MARCIES CHOICE LANE FREDERICK MD 21704 SE. DATED (SEE ITEM 11) MODIFICATION OF CONTRACTIORDER NO. toe. DATED 11) 08/01/2007 CODE FACILITYCODE 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS [:IThe above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended, is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended. by one of the following methods: By completing Items 8 and 15. and returning copies of the amendment; By acknowledging receipt of this amendment on each copy of the offer submitted; or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT. THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTEON OF YOUR OFFER. Ifby virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, 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 (If required) See Schedule 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTSIORDERS. IT MODIFIES THE CONTRACTIORDER NO. AS DESCRIBED IN ITEM 14. ORDER no. ITEM 10A. - . B. THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes In paying of?ce, appropnatron date, etc.) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43.103tb). . C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Sperm! type of modi?cation and authority) 5, IMPORTANT: Contractor is not. CI is required tosign this document and return copies to the issuing of?ce. 14. DESCRIPTION OF AMENDMENTIMODIFICATION {Organized by UCF section headings, including solicitation/contract subject matter where feasible.) nous Number: 063199665 The purpose of this modification iS-tO revise the invoicing language under Article paragraph as follows: I Effective on or after 17 November 2008 invoices-shall be submitted via one of the followi three methods: a. By mail: ICE Burlington Finance Center Continued . Except as provided herein. all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect. 15A NAME AND TITLE OF SIGNER (Type orpn'nf) 16A. NAME AND TITLE OF CONTRACTING OFFICER Type or print) 150. SC. DATE SIGNED Innunnu . vrm? 30 (REV. 10-83) Prescribed by GSA FAR {48 CFR) 53.243 158. CONTRACTORIOFFEROR {Signature ofparson androrfzed to sign) NSN 7540-01-152-8070 Previous edition unusable ICE.2012FOIA3030000825 REFERENCE NO. OF DOCUMENT BEJNG CONTINUED PAGE OF CONTINUATION SHEET 2 3 NAME OF OFFEROR 0R CONTRACTOR I . FREDERICK COUNTY ITEM NO. I QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) 'Invoice date and number; c. .line item number and, if applicable, the Task P.O. Box 1620 Williston, VT 05495?1620 Attn: ICE-DRO- FOD- FBL b. By facsimile (fax): (include a cover sheet with point of contact of pages) 802-288f7658 c.By eHmail: gdh's gm, Invoices submitted by other than_these three methods will be returned. The contractor's Taxpayer Identification Number (TIN) must be regiStered in the Central Contractor Registration prior to award and shall be notated on every invoice submitted to ICE on or after Nov 17, 2008 to ensure prompt payment provisions are met. Please remember that failure to remain up to date in CCR will cause no payment to be processed as well as no funding rewarded. It is the responsibility of the contractor to maintain registration in CCR. l. The information required with each invoice submission is as follows: Each invoice submitted shall contain the following information: a. The name and address of the facility; b. Agreement number, order number; d. Terms of any discount for prompt payment offered; e. Name, title, and phone number of person to notify in event of defective invoice; f. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this Agreement. (See paragraph 1 above.) g. The daily rate; h. The total number of residential/detainee days; i. The name of-each ICE resident/detainee; j. A?number; k. Specific dates of detention for each resident/detainee; l. The total residential/detainee days multiplied by the daily rate; m. For stationary guard services, the itemized invoice shall state the Continued 3 NSN 3'540-01-152-306? OPTIONAL FORM 336 (4-86) Sponsored by GSA ICE.2o1befA?b?3Efo??bszs .1 i I REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 3 3 NAME OF OFFEROR 0R CONTRACTOR I FREDERICK COUNTY ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (m Inumber of hours being billed, the duration of the billing (times and dates} and the name of the that was guarded. Items through must be-on the cover page of each invoice. Invoices without the above information may be returned for resubmissionl e) All other terms and conditions within the referenced IGSA remain the same. Point of Contacts: Field Office: Om: . Contracting Officer, 202-732- (E) NSN 7540-01-152-896? OPTIONAL FORM 33601-86) Sponsored by GSA IC AMENDMENT OF OF CONTRACT 1' CONTRACT ?3 CODE PAGE OF PAGES 2. AMENDMENTIMODIFICATION NO. 3. EFFECTIVE DATE 4. REQ. N0. 5. PROJECT No. P00003 See Block 160 6. ISSUED BY CODE ICE DC 7. ADMINISTERED BY (Ifother than Item 6) CODE II CE 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 801 I Street, NW Washington DC 20536 Washington DC 20536 8. NAME AND ADDRESS OF CONTRACTOR (NO, street, county, State andth cm 9A AMENDMENT OF NO. FREDERICK COUNTY 7300 MARCIES CHOICE LANE FREDERICK MD 217 04 10A. MODIFICATION OF CONTRACTIORDER NO. 1013. DATED ITEM 13) CODE 0000063199665 08/01/2007 - EjThe above numbered solicitation is amended as set forth in item 14. The hour and date speci?ed for receipt of Offers Dis 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 fotlowing methods: By completing Items 8 and 15. and returning copies of the amendment; By acknowledging receipt of this amendment on each copy Of the offer submitted; or By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE 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 already submitted. such change may be made by telegram or letter, provided each tetegram or letter makes reference to the solicitation and this amendment, and is received prior to the Opening hour and date specified. 12. ACCOUNTING AND DATA (Ifrequfredj See Schedule 13. TRIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTSIOROERS. IT MODEFIES THE CONTRACTIORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS PURSUANT TO: (Specify authon'fy) THE CHANGES SET FORTH ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN 10A. - B. THE ABOVE NUMBERED CONTRACTIORDER IS TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes In paying emce, appropriation date, etc.) SET FORTH IN 14. PURSUANT TO THE AUTHORITY OF FAR C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (Spedo/ type of modi?cation and authority) E. Contractor is not, is required to sign this document and return 0 copies to the issuing of?ce. 14. OF AMENDMENTIMODIFICATION (Organized by UCF section headings, inducing soticftatfon/contract subject matter where feasible.) DUNS Number: 063199665 Program Office POC: Contracting Officer POC: Contract Specialist POC: Please see attached. Exempt Action: All other terms and conditions remain the same. Except as provided herein. alt terms and conditions of the document referenced in Item 9A or 10A. as heretofore changed, remains unchanged and in futl force and effect. 15A. NAME AND TITLE OF SIGNER Type or print) I 16A. NAME AND OF CONTRACTING OFFICER Type or print) 153. CONTRACTORIOFFERORV 150. DATE SIGN 160. DATE SIGNED (Signature Of person authorized to sign) NSN 7540014528070 Previous edition unusable Prescribed by GSA FAR {48 CFR) 53.243 ICE.2012FOIA3030000828 - . . . a. PAGIE or non? OF 0N OF CONTRACT . - 2. N0. - 3. EFFECTIVE DATE 4. REQ. Ni) 5. PROJECT NO. ({fapplicabie} See Block 16 - weaver) BY CODE ICEIDMIDC-DC r. av {1r omen THAN new) coho 11631333490050 - ICE Detention Management Contracts ICE Detention Management Contracts [migrations and Customs Enforcement! Office of Acquisition Management immigrationsand Custom Enforcement! Ollie: of Acquisition Management 801 I Street NW, Suite 930 - 801 [Street NW. Suite 930? Washington,DC20536 3. NAME AND ADDRESS or CON TRACTOR (Na. Street, County, State. ?and Zip Code) . an. MN or No. FREDERICK COUNTY DETENTION CENTER . . . . . 7300 March's Choice Lane . . . . 913. 1mm}; Kt 10A. 0F CONTRACTIORDER N0. DROIGS CODE: 0631996650909 - mam? CODE: 103- 99?97?2912 Ii 1. THIS ITEM APPLIES TO aaranonrams or somcrrarroats the above numbered, solicitation is amended as set forth in item 14._ The hour and date speci?ed rcceipt ofOiZt?ers is extended [3 is not extended. Offers must acknowledge receipt ofthis amendment prior to the hour and date speci?ed in the-soiicilation or as amended by one ofthe following methods: By completing items 8 and IS, and returning . copies of the amendmw; By acknowledging receipt of this amendment on each copy of the offer submitted; or By separate letter or telegram which includes a reference to the solicitation and amendment numbers, FAILURE OE YOUR ACKNOWLEDGMENT TO BE RECEIVES) AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS TO THE HOUR AND DATE MAY RESULT iN REJECTEON OF YOUR OFFER. If by virtue ofthis amendment you desire to change an offer already submitted, Such change may be made by telegram or fetter, groviderl each teiggam or makes reference to the soiicitatlon and this amendment, and is received Eric! to the gaming hour and date speci?ed. 12. AND APPROPRIATION DATA (#Requtred) . See Schedu 13. THIS ITEM APPLIES ONLY T0 MODIFICATIONS 6F CONTRACTSIORDERS. . IT MODIFIES THE 1:40.. AS IN ITEM 14 n. THIS CHANGE ORDER :3 ISSUED PURSUANT TO: (Speci?rAuthor?y) THE CHANGES smroam iN ITEM :4 Ann MADE IN THE CONTRACT ORDER NO. 10A. . . a B. THE ABOVE NUMBERED CONTRAC TIORDER IS THE ADMINISTRATIVE CHANGES (and: as changes in paying twice, appropriation date. etc.) SET FORTH 1N ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43,103 C. THIS SUPPEMENTAL AGREEMENT IS ENTERED PURSUANT TO OF: D. OTHER (Lama, ope ofniody?icatian and ditffiarify) - a? Mutual Agreement of the Parties 13- IMPORTANT: Comm!? is NOT is required to sign this document and return 1 copies to the issuing of?ce. 14. DESCRIPTION OF AMENDMENTIMODIFICATIQN (Organized by UCF section headings, including solicitationfcontract subject matter where feasitile. The {impose of this modi?cation is to incorporate 2011 Perfonnanee BasedDetention Standard 2.1! - Sexual Abuse and Assault Prevention and inten'ention. Should there be aconftict with between this standard and any other tent; and condition of the agreement identi?ed in Block WA on this modi?cation, iron are to contact the Contracting O?ieer for clari?cation. - Ail other terms and conditions remain unchanged. Except as provided herein, all terms and conditions ofthe document'referenceri in Item 9A or 10A, as heretofore changed, remains unchanged and in ?rli force and e??ect. on OFFICER 154* (baa), (new . N5 - (baa), Lem? mum; SIGNED . ?ng ,23/ 10-33) iAIt (48 QFR) 53.243 (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.2012FOIA3030000830 (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.2012FOIA3030000831 CONHNUAHONSHEEF REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 6 NAME OF OFFEROR 0R CONTRACTOR COUNTY OF FREDERICK ITEM NO. (A) SUPPLIESISERVJCES (B) UNIT (C) (D) (E) AMOUNT (F) Article I: Bed Rate: $83.00 Article XVI: Transport Rate: $22.10 Article XVI: Mileage Rate: Pursuant to current GSA federal travel allowance rates Replace Article XII, Enrollment, Invoicing and Payment, paragraph Invoicing, with the following: Invoicing Instructions: Service Providers/Contractors shall use these procedures when submitting an invoice. l. Invoice Submission: Invoices shall be submitted in a .pdf format on a basis via email to: 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, ICE Financial Operations Burlington P.O. Box 1620 ATTN: ERO-FBL Williston, VT 05495-1620 Note: the Service Provider's or Contractor's Dunn and Bradstreet DUNS Number must be registered in the System for Award Management (SAM) 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 shall contain the following information: Name and address of the Service Provider/Contractor. Note: the name, address and DUNS number on the invoice MUST match the information in both the Contract/Agreement and the information in the SAM. If payment is Continued NSN 1?540?01-152?806? OPTEONAL FORM 336 4-86) FAR {48 CFR) 53.110 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 6 NAME OF OFFEROR 0R CONTRACTOR COUNTY OF FREDERICK HEMNO. (A) SUPPLEESISERVICES (B) QUANTITY UNIT (C) (D) . UNIT PRJCE (E) AMOUNT (F) remitted to another entity, the name, address and DUNS information of that 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 and extended price of the items delivered; (vi) Shipping number and date of shipmentL including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vii) Terms of any discount for prompt payment offered; Remit to Address; (ix) Name, title, and phone number of person to notify in event of defective invoice; and 3. invoice Supporting Documentation. In order to ensure payment, the vendor must also submit supporting documentation to the Contracting Officer's 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 outside the scope of the contract, or not based on the most recent contract base or modification rates will be considered improper and returned for resubmission. Supporting documentation requiremean include: Firm Fixed Price Items (items not subject to any adjustment on the basis of the contractor's cost experience, such as pre-established guaranteed minimums 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 Charges Continued NSN 7540-01-152?506? FORM 336 3(4-86) ammu3 FAR {48 CFR) 53.110 CONTINUATION SHEET PAGE OF 4 6 COUNTY OF FREDERICK HEM N0. SUPPLIESISERVECES QUANTETY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) such as sack lunches and detainee wages): shall be fully supported with documentation substantiating the costs and/or reflecting the established price in the contract and submitted in .pdf format. Detention Services (other than firm fixed price): (1) Bed day rate; (2) Resident's/detainee's check-in and check?out dates; . (3) Number of bed days multiplied by the bed day rate; (4) Name of each detainee; (5) Resident's/detainee's identification information Transportation Services (other than firm fixed price): (1) The mileage rate being applied for that invoice. (2) billing reports listing transportation services provided; number of miles; transportation routes provided; locations serviced and/or names/numbers 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 (other than firm fixed price): 7 (1) 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/were guarded. Other Direct Charges: The invoice shall include appropriate supporting documentation for any direct charge billed for reimbursement. 4. Safeguarding Information: As a contractor vendor conducting business with Immigration and Customs Enforcement (ICE), you are required to comply with DHS Policy regarding the safeguarding of Sensitive Personally Identifiable Information (PII). Sensitive PII is information that identifies an individual, including an alien, could result in harm, embarrassment, Continued and NSN ?540-01~1 52-806? OPTIONAL FORM 336 {4-86} 105.2012anmaw34 FAR (48 53.110 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 5 NAME OF OFFEROR OR CONTRACTOR COUNTY OF FREDERICK ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNJT PRICE AMOUNT (A) (B) (C) (D) (E) (F) inconvenience or unfairness. Examples of Sensitive PII include information such as: Social Security Numbers, Alien Registration Numbers (A-Numbers), or combinations of information such as the individualgs name or other unique identifier and full date of birth, citizenship, or immigration status. As part of your obligation to safeguard information, the follow precautions are required: ~Email supporting documents containing Sensitive PII in an attachment with password sent separately. -Never leave paper documents containing Sensitive PII unattended and unsecure. When not in use, these documents will be locked in drawers, cabinets, desks, etc. so the information is not accessible to those without a need to know. ?Use shredders when discarding paper documents containing Sensitive PII. ?Refer to the DHS Handbook for Safeguarding Sensitive Personally Identifiable Information (March 2012) found at for more information on and/or examples of Sensitive PII. 5. If you have questions regarding payment, please contact ICE Financial Operations at 1?877?491-6521 or by e-mail at Exempt Action: Discount Terms: Net 30 FOB: Destination Add Item 0001 as follows: 0001 Detention Bed Day DA 83.00 Product/Service Code: 8206 Product/Service Description: HOUSEKEEPING- GUARD Add Item 0002 as follows: 0002 Transportation Services DH 0.00 Product/Service Code: 8206 Product/Service Description: GUARD Add Item 0003 as follows: Continued NSN 7540431452805? FORM 336 (4-86) SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 6 6 NAME OF OFFEROR OR CONTRACTOR COUNTY OF FREDERICK ETEM NO. SUPPLIESISERVICES QUANTITY UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) 0003 Stationary Guard Services HR 22.10 0.00 Product/Service Code: S206 Product/Service Description: GUARD All other terms and conditions remain the same. NSN 1?540-01-1528067 OPTIONAL FORM 336 {4-35) IC E2012 FAR (48 53.110 l- P: I. - i? IGSA DROIGSAOTOOZS INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE UNITED us. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF DETENTION AND REMOVAL AND . FREDERICK COUNTY DEPARTMENT, FREDERICK MD This IntenGovernmental Service Agreement (?Agreement?) is entered into between United States Department of Homeland Security Immigration and Customs Enforcement and Frederick County, Frederick Maryland Provider (?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): Frederick County Adult Detention Center I 7300 Marcie?s Choice Lane Frederick, MD 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 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 final order by the Immigration Court, the Board of Immigration Appeals or other Federal judicial body. I B. Responsibilities: This Agreement sets forth the responsibilities of ICE and the Service Provider. The Agreement states the services the Service Provider shall perform satisfactorily to receive payment from ICE at the rate prescribed in Article I, C. C. Guidance: This is a fixed rate agreement, not a cost reimbursable agreement, with respect to the detainee day rate. The detainee day rate is $83 .00. ICE shall be responsible for reViewing and approving the costs associated with this Agreement and subsequent modifications utilizing all applicable federal procurement laws, regulations and standards in arriving at the detainee day rate. Article II. General A. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present detainees to the Service Provider nor direct performance of any other services until ICE has the apprOpriate funding. Orders will be placed under this Agreement when specific requirements have been identified and funding obtained. Performance under this Agreement is not authorized until the Contracting Of?cer issues an order, in writing. The effective date of the Agreement will be negotiated and specified in a delivery order to this Agreement that is supported by the ICE Contracting Officer. This Agreement is neither binding nor effective unless signed by the ICE Contracting Officer. Payments at the approved rate will be paid'upon the return of the signed Agreement by the authorized Local Government official to ICE. B. Subcontractors: The Service Provider shall notify and obtain approval from the ICE Contracting Officer?s Technical Representative (COTR) or designated ICE official if it intends to house ICE detainees in a facility other than the Frederick County Adult Detention Center. If either that facility or any future facility is operated by an entity other than the Service Provider, ICE shall treat theentity as a subcontractor to the Service Provider. The Service Provider shallobtain the Contracting Of?cer?s approval before subcontracting the detention and care of detainees to another entity. The Contracting Officer has the right to deny, withhold, or withdraw approval of the proposed subcontractor. Upon apprOval by the Contracting Officer, the Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide ICE with Copies of all subcontracts. All payments will be made to the Service Provider. ICE will not accept invoices from, or make payments to a subcontractor. C. Consistent with Law: This is a firm fixed rate agreement, not cost reimbursable agreement. This Agreement is permitted under applicable statutes, regulation, policies or judicial mandates. Any provision of this Agreement contrary to applicable statutes, regulation, policies or judicial mandates is null and void and shall not necessarily affect the balance of the Agreement. Article Covered Services A. Bedspace: The Service Provider shall provide male/ female beds on a space available basis. The Service Provider shall house all detainees as determined within the Service Provider?s classification system. ICE will be financially 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. 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 official. The types and levels of services shall be consistent with those the Service Provider routinely affords other inmates. C. I Unit of Service and Financial Liability: The unit of service is called a ?detainee day? and is defined as one person per day. The detainee day begins on the date of arrival. The Service Provider may bill ICE for the date of arrival but not the date of departure. The Service Provider shall not charge for costs, which are not directly related to the housing and detention of detainees. Such 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 prorated 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 Federal detainees 5) Operating. costs of facilities not utilized by Federal detainees I 6) Interest on borrowing (however represented), bond discounts, costs of financing/ refinancing, except as prescribed by OMB Circular 7) Legal or professional fees (specifically legal expenses for prosecution of claims against the Federal Government, legal expenses of individual detainees or inmates) 8) Contingencies D. Interpretive Services: The Service Provider shall. make special provisions for non'vEnglish speaking, handicapped or illiterate detainees. ICE will reimburse'the Service Provider for the actual costs associated with providing commercial written or telephone language interpretive services. Upon request, ICE will "assist the Service Provider in obtaining translation services. The Service Provider shall provide all instructions verbally either in English or the detainees? language, as appropriate, to detainees who cannot read. The Service Provider-shall include the actual costs that the Service Provider paid for such services on its invoice. Except in emergency situations, the Service Provider shall not use detainees for translation services. If the Service Provider uses a detainee for translation service, it shall notify ICE within twenty'four (24) hours of the translation service. . Escort and Transportation Services: The Service Provider will provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees to and from . designated locations. Escort services will be required for escorting detainees to court hearings; escorting witnesses to the courtroom and staged with the ICE Judge duringr administrative proceedings. Transportation Services shall be performed by at Ieasl gualified sworn law enforcement or correctional officer personnel employed by the Serv1ce Provider under their policies, procedures and authorities. See Article XVI. Article IV. Receiving and Discharging Detainees A. Reguired Activity: The Service Provider shall receive and discharge detainees only to and from properly identified ICE personnel or other prOperly identified Federal law enforcement officials with prior authorization from ICE. Presentation of US. Government identi?cation shall constitute ?proper identification." The Service Provider shall furnish receiving and discharging services twenty'four (24) hours per day, seven (7) days per week. ICE shall furnish the Service Provider with reasonable notice of receiving and discharging detainees. The Service Provider shall ensure positive identi?cation and recording of detainees and ICE of?cers. The Service Provider ICE.2012FOIA3030000839 shall not permit medical or emergency discharges except through coordination with ondury ICE of?cers. . . B. Emergeng Situations: ICE detainees shall not be released from the facility into the cu'StO'dy 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 Providershall not release ICE detainees from im I . physical custody to any persons other than those described in Paragraph a ofArticle IV for any reason, except for either medical, other emergency situations, or in reSponse to a federal writ of habeas corpus. If detainee is sought for federal, state, or local proceed ings, only ICE may authorize release of the detainee for such purposes. The Service Provider shall contact the ICE COTR or designated ICE official immediately regarding any such requests. I D. Service Provider Right of Refusal: The Service Provider retains therighr to refuse acceptance, or request removal of any detainee exhibiting violent or disruptive behavior, or of any detainee found to have a medical condition that requires medical care beyond- the scope of the Service Provider's health 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. E. Emergeng- 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 V. Detention Standards . SATISFACTORY PERFORMANCE: The Service Provider is required to house detaineesand perfOIm related detention services in - accordance with the most current ed ition-of ICE National Detention Standards - ICE Inspectors willcOnduct periodic inspections of the facility to assure compliance with the ICE National Detention Standards. Article VI. Medical Services A. Auspices of Health Audlorigg: The Service Provider shall provide ICE detainees with onsite health Care services under the control of a local government designated Health Authority. The Service I Provider shall ensure equipment, supplies, and materials, as required by the Health Authority, are furnished to deliver health care onsite. B. Level of Professionalism: The Service Provider shall ensure that all health'care service providers utilized for ICE detainees hold current licenses, certifications, and/or registrations with the State and/ or City where they are practicing. The Service Provider "shall retaina registered nurse to provide health care and sick call coverage unless expressly stated otherwise in this Agreement. In 4 the absenceof a health care professional, non?health care personnel may refer detainees to health care resources based upon protocols developed by United States Public Health Service (USPHS) Division of Immigration Health Services (DIE-IS). . Access to Health Care: The Service Provider shall ensUre that onsite medical and-health care . coverage as de?ned below is available for all ICE detainees at the facility for at least eight (8) hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health complaints and deliver the complaints in writing to the medical and health care staff. The Service Provider shall furnish the detainees instructions in his or her native language for gaining access to health care services as prescribed in Article Paragraph D. . On-Site Health Care: The Service Provider shall furnishonsite health care under this Agreement- The Service Provider shall not charge?anyICE detainee an additional fee or Co-payment for medical services or treatment provided at the Service Provider?s facility. The Service Provider shall ensure that ICE detainees receive no lower level of onsite medical care and services than those it provides to local inmates. Onsite health care services shall include arrival screening within (24) hours of arrival at the Facility, sick call coverage, provision of over?theeoun'ter medications, treatment of minor injuries (eg. lacerations, sprains, and contus ions), treatment of special needs and mental health assessments. Detainees with chronic conditions shall receive prescribed treatment and follow?up care. I Arrival Screening: Arrival screening shall include at a minimum TB screening, planting of the Tuberculin Skin Test (PPD), and recording the history of past and present illnesses (mental and physical). The health care service provider or trained health care personnel may perform the arrival screening. I Acceptance of Detainees with Extreme Health Conditions: 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), the Service Provider shall notify the ICE COTR or the designated ICE . of?cial. Upon such notification the Service Provider shall allow ICE reasonable time to make the proper arrangements for further disposition-of that detainee. . DIHS Pre??Aooroval for Non-Emergencv OffSite Care: The Service Provider shall obtain DIHS approval for any nonemergency, off-site healthcare for any detainee. acts as the agent and final health authority for ICE on all'off?sit'e detainees medical and health related matters. The relationship of the to the detainee equals that of physician to patient. The Service Provider shall release any and all medical information for ICE detainees to the DII-IS representatives upon request. The Service Provider shall solicit DII-IS approval before proceeding with non?emergency, offsite medical care (eg. off site lab testing, eyeglasses, cosmetic dental prosthetics, and dental care . for cosmetic purposes). The Service Provider shall subm it supporting documentation for non? routine, offsite medical health services to For medical care provided outside the facility, determine that an alternative medical provider or institution is more cost?effective or more aptly meets the needs of ICE andthe detainee. ICE may refuse to reimburse the Service Providerfor nonemergency medical costs incurred that were not pre-approved by the 1311-18. The I Service Provider shall send all requests for pre-approval for non?emergent offsite care to: Phone: (888) 715 FAX: (866) 475-9349 Via website: I The Service Provider is to notify all medical providers approved to-?lrnishoff-site health care of detaineesto submit their bills in accordance with instructions provided to: United States Public Health Services Division of Immigration Health Services 1220 Street, NW PMB 468 Washington, DC 20005?4018 (Phone): (W5): (FAX): (866)?4759349 Via website: H. Emergengg Medical Care: The Service Provider shall furnish twentyafour (24) hour emergency medical care and emergency evacuation procedures. In an emergency, the Service Provider shall obtain the medical treatment required to preserve the detainee's health. The Service Provider shall have accessto an offsite emergency medical provider'at all times. The Health Authority of the Service Provider shall notify the DIHS Managed Care Coordinator by calling the telephone number listed in paragraph above as soon as possible, and in no case more than seventy-two (7 2) hours after detainee receipt of such care. The Health Authority will obtain late-authorization from the ManagedCare Coordinator for service(s)' beyond the initial emergency situation. I. Off?Site Guards: The service Provider shall provide guards at all times detainees are admitted to an outside medicalfacility. - . I Visits: The Service Provider shall allow DIHS Managed Care Coordinators reasonable access to its facility for the purpose of liaison activities with the Health Authority and associated Service Provider departments. Article VII. :No Employment of Unauthorized Aliens Subjectto 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 Period of Performance ThisAgreement shall become effective upon thedate of final signature by the. Contracting and the authorized signatory of the Service Provider and will unless terminated in writing, lay-either party. Either party must provide written notice of intentions to terminate the agreement, 60 days in advance of the effective date of formal termination, or the Parties may agree to a shorter period under the procedures prescribed in Article X. Basis for Price Adjustment: A. firm ?xed price with econcimic adjustment provides for upward and downward revision of the stated Per Diem based upon cost indexes of labor and operating expenses, or based upon the Service Provider?s actual cost experience in providing the service. Article IX. Inspection A. Iail Agreement Inspection Report: The Jail-Agreement Inspection Report stipulates minimum requirements for ?re/ safety code compliance, supervision, segregation, sleeping utensils, meals, medical care, con?dential Communication, telephone access, legal counsel, legal library, visitation, and recreation. The Service PrOvider shall allow ICE to conduct inspections of the facility,.as required, to ensure an acceptable level of services and acceptable conditions of con?nement as determined by ICE. No notice to the Service Provider is reduired prior to an inspection. ICE will conduct such inspections in accordance with the Jail Agreement Inspection Report. ICE will share ?ndings of the inspection with the Service Provider's facility administrator. The Inspection Report will state any improvements to facility Operation, conditiOns of con?nement, and level of service that will be required by the Service Provider. B. Possible Termination: If theService Provider fails to remedy de?cient service identi?ed through an ICE inspection, ICE may terminate this Agreement without regard to the provisions of Articles and X. C. Shgre Findings: The Service Provider shall provide ICE copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. D. Access to Detainee 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 shall include, but is not limited to, incident reports, records relating tosuicide attempts, and behavioral assessments and other records relating to the detainee's behavior while in the Service Provider?s custody. Furthermore, the ?Service'Provider shall retain all records where this right of access appliesfor a period of two (2) years from the date of the detainee's discharge from the Service Provider's custody. I Article X. Modi?cations and Disputes A. Mod-i?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 modification to this Agreement by submitting a written request to the other Party. A modification will become a part of this Agreement only after the ICE- Contracting Officer and the authorized signatory of the Service Provider have approved the modification in writing. B. Disputes: The ICE Contracting Of?cer and the authorized signatory of the Service Provider will ,l settle disputes, questions and concerns arising from this Agreement. Settlement of disputes shall be memorial ized in a written modi?cation between the ICE Contracting Officer and authorized signatory of the Service Provider. In the event a dispute is not able to be resolved'between the Service Provider and the ICE Contracting Officer, the ICE Contracting Of?cer will make the final decision. If the Service Provider does not agree with the ?nal decision, the matter may be appealed to the ICE Head of the Contracting Activity (HCA) for resolution. The ICE HCA may employ all methods available to resolve the dispute including alternative dispute resolution techniques. The Service Provider shall proceed diligently with performance of this Agreement pending ?nal resolution of any dispute. I Article Adjusting the Detainee Day Rate ICE shall reimburse the Service Provider at the fixed detainee day rate shown on the cover page of the document, Article I. (C). The Parties may adjust the rate twenty-four (24) months after the effective date of the agreement and every twelve (12) months thereafter. The Parties shall base the cost portion of the rate adjustment on the principles of allowability and allocability as set forth in OMB Circular 87, federal procurement laws, regulations, and standards in arriving at the detainee clay rate. The - request for adjustment shall be submitted on an ICE Jail Services Cost Statement. If ICE does not receive an official request for a detainee day rate adjustment that is supported by an ICE Jail Services Cost Statement, the ?xed detainee day rate as stated in this Agreement will be in place indefinitely. See I Article A. 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 this is a fixed rate agreement, there are no retroactive adjustmends). Article XII. Enrollment, Invoicing, and Payment A. Enrollment in Electronic Funds Transit; The Service Provider shall provide ICE with the information needed to make payments by electronic funds transfer (EFT). Since January 1, 1999, ICE makesall payments only by EFT. The Service Provider shall identify their financial institution and related information on Standard Form 3881, Automated Clearing House (ACH) Vendor Miscellaneous Payment Enrollment Form. The Service Provider shall submit a completed SF 3881 to ICE payment office 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. Invoicing: The Service Provider shall submit an original itemized invoice containing the following information: the name and address of the facility; the name of each ICE detainee; detainee ?5 A number; specific dates of detention for each detainee; the total number of detainee days; the daily rate; the total detainee days multiplied by the daily rate; an itemized listing of all other charges; and the name, title, address, and phone number of the localofficial responsible for invoice preparation. The Service Provider shall submit invoices within the first ten (10) working days of the month following the calendar month when it provided the services, to: Department of Homeland Security AI IN: Immigration and Customs Enforcement Deportation Unit Baltimore Field Office C. - '31 Hopkins Plazas, t3?I Floor I Baltimore, MD 21201 - Phone: 410962 Fax: 410-962?9229 Pa?nent: 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 to make payments under this Agreement the thirtieth calendar day'after the ICE Deportation of?ce receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The Prompt Payment Act requires ICE to pay interest on overdue payments to the Service Provider. ICE will determine any interest 'due in accordance with the Prompt Payment Act. Article Government Furnished Property Federal Prooertv 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 government furnished property. - Service Provider Responsibility: The Service Provider shall not remove ICE property from the facility without the prior written approval of ICE. The Service Provider shall report any loss or destruction of any Federal Government property immediately to ICE. Article XIV. Hold Harmless and Indemnification Provisions A. Service Provider 'I-Ield Harmless: ICE shall, subject to the availability of funds, save and hold the S?rviceProvider-hannless and indemnify the Service Provider against any and all liability claims and costs of whatever kind and nature, for injury to or death of any person(s), or loss or damage to any property, which occurs in connection with or is incident to performance of work under the terms of this Agreement, and which results from negligent acts or omissions of ICE officers or . employees, to the extent that ICE would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 USC 2691 et seq. Federal Government Held Harmless: The Service Provider shall save and hold harmless and- indemnify federal government agencies to the extent allowed by law against any and all liability claims, and costs of whatsoever kind and nature for injury to ordeath of any person or persons and for loss or damage to any property occurring in connection with, or in any way incident to or arising out of the occupancy, use, service, operation or performance of work under-the tenets of this Agreement, resulting from the negligent acts or omissions of the Service Provider, or any employee, or agent of the Service Provider. In so agreeing, the Service Provider does not waive any defenses, immunities or limits of liability available to it-under state or federal law. C. Defense of Suit: In the event a detainee files suit against the Service Provider Contesting the legality of the detainee's incarceration and/ or immigration/ citizenship status, ICE'shall request that the US. Attorney's Office, as apprOpriate, move either to have the Service PrOvider dismissed from such suit, to have ICE substituted as the proper party defendant; or to have the case removed to a court of proper jurisdiction. Regardless of the decision on any such metion, ICE shall request that the US. Attorney's Office be responsible for the defense of any suit on these grounds. D. ICE Regovegg 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 Officer, theService Provider shall, at Ice?s expense, furnish EOIICE all reasonable assistance and cooperation, including aSsistance in the prosecution of suit and execution of the instruments of assignment in favor of ICE in obtaining recovery. Article XVI. Financial Records 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 first 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. I B. Access to Records: ICE and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers- or other records of the Service Provider or its subcontractors, which are pertinent to the award, in -. . order-to make audits, examinations, excerpts, and transcripts. The rights of access must not be the required retention period, but shall last as long as the records are retained. I Debt Collection: ICE will hold the Service Provider accountable for any overpayment, any breath of this Agreement-that-results in a debt owed to the Federal Government. ICE shall interest, penalties, and administrative costs to a delinquent debt owed to the Federal 'i'Government by the Service Provider pursuant to the Debt Collection Improvement Act of 1982, as amended. I '9 Article XVI. Guard/Transportation Services Transport Services Rate: The Service Provider agrees, upon request of the Federal Government in whose custody an ICE detainee is held, to provide all such air/ ground transportation 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. Transportation between the facility and ICE offices, plus related mileage is included in the daily per diem rate. Other ICE directed transportation will be reimbursed at the rate of $22.10 per hour. TranSportation mileage shall be reimbursed at the mileage rate established pursuant to the current General Services Administration federal '10 . 1 travel allowance rates. At least (bll7llel1Ualified law enforcement or correctional officer personnel employed by the Service Provider under their policies, proCedures and practices will perform transport services. - Medical Transportation: Transportation and/ or escort/ stationary guard services for detainees housed at the Service Provider's facility to and from a medical facility fOr outpatient care, and transportation and/or escort guard services for ICE detainees housed at the Service Provider?s facility admitted to a medical facility; and to detainees attending offsite coart proceedings. An of?cer or of?cers shall keep the detainee under constant supervision twenty-four (24) hours per day until the detainee is ordered released from the hospital, or at the order of the COTR. The Service . Providers agrees to augment such practices as may be requested by ICE to enhance specific requirements for security, detainee monitoring, and visitation and contraband control. Indemnities: Furthermore, the Service Provider agrees to hold harmless and indemnify and its officials 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 I employees during the course of transporting ICE detainees. . Personal Vehicles: The Service Provider shall not allow employees to use their personal vehicles to transport detainees. The Service Provider shall furnish vehicles equipped with interior security features including physical separation of detainees from guards. The Service Provider shall provide interior security specifications of the vehicles to ICE for review and approval prior to installation. Training and Compliance: The Service Provider shall comply with ICE transportation standards ice.aov/ partners/ dro/ onsmanual/ indexhtm) related to the number of hours the Provider?s employee may operate a vehicle. The transportation shall be accomplished in the most - economical manner. The Service Provider personnel provided for the above services shall be of the same qualifications, receive training, complete the same security clearances, and wear the same uniforms as those personnel provided for in other areas of this agreement. . Same Sex Transport: During all transportation activities, at least one (1) of?cer shall be the same sex as the detainee. Questions concerning guard assignments shall be directed to the COTR for final determination. . Miscellaneous Transportation: The COTR may direct the Service Provider to transport detainees to unspecified, miscellaneous locations. . 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. 11 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000848