(b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001191 SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 2 2 NAME OF OFFEROR 0R CONTRACTOR JOHNSON COUNTY OF ITEM NO. QUANTITY UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Except as provided herein, all remaining terms and conditions under IGSA remain unchanged Period of Performance: 04/29/1998 to 04/28/2010 NSN 7540-01-152?306? FORM 336 (4-86) Sponsored by GSA 192 AMENDNENT OF SOUGITAROWMODIPIOATION OF aw 5. 900003 See Block 340 0.680an cons lea/mszoug/Icg 6003 [ICE/cmsgour/zcg Ice 01.08800? ICE ICE CLOSEOUT ICE: Office 0! Acquisition lianegement Ottice of Acquisition Management Immigration a customs Enforcement Imigration 3 Customs Enforcement Department of Homeland security Department of Rowland Security 801 I Street, 801 I at. we washington 06 20536 washinton Dc 20536 - COUNTY OF 2 MAIN COURTHOUSE CLEBURNB TX 760335500 0462867870000 Inm? 04 Id' alumnus. Dames-M00. mamtemm FMOPYOURAW Rm emmvmunmemmoevoun OMB. my i a' .WNB See Schedule comm. mu. . MOWGES a: ma 4.804 Closeout o? Contract rilee Lmum' mm Elem. whammsm . momma? DUNS Number: 04628678? I The purpose or this modification. is to closeout this contractual instrument. The contractor does renise. release, and discharge the Government, its oteicers, agents. and employees, as and from all liabilities. obligations, claims. and demands unetmever under or arising from the said contract for the sun of zero Dollars and tore Cents - wherefore. this contractual instrument is hereby closed and retired. - The parties hereby certify that all contract administration actions identified above have been fully and eatictactorily accomplished. Period of Pertomnce: 04/29/1998 to cues/2010 i com Qg?cr Malt-moo 0. Museum CPR) was. worn? (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001194 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE 0F CONTINUATION SHEET 2 6 I NNWEOFOFFERORORCONTRACTOR JOHNSON COUNTY OF mam No. QUANTITY UNIT UNIT PRICE AMOUNT (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 1, 1999, ICE makes all 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. Consolidated Invoicing The Service Provider shall submit an original itemized invoice within the first ten (10) working days of the month following the calendar month when it provided the services via one of the following three methods: a. By mail: DHS, ICE Burlington Finance Center P.O. BOX 1620 Williston, VT 05495?1620 Attn: Invoice b. By facsimile {fax}: (include a cover sheet with point of contact of pages) 802?288?7658 o. By eamaili $dhs.gov Invoices submitted by other than these three methods will be returned. -The contractor's Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration prior to award and shall be notated on every invoice submitted to ICE on or after December 1, 2008 to ensure prompt payment provisions are met. The ICE program office shall also be notated on every invoice. Each invoice submitted shall contain the following information: a. The name and address of the facility; Continued NSN 7540?01-152?3067 OPTIONAL FORM 336 (4-36) Sponsored by GSA FAR (43 CFR) 53.110 CONHNUAHONSHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 6 NAME OF OFFEROR 0R CONTRACTOR JOHNSON COUNTY OF ITEM NO. (A) SUPPLIESISERVICES (B) (C) QUANTITY UNIT (D) UNIT PRICE AMOUNT (F) b. Invoice date and number: c. Agreement number, line item number and, if applicable, the Task order number; d. Terms of any discount for prompt payment offered; Name, title, and phone number of person to notify in event of defective invoice; f. Taxpayer Identification Number (TIN). The Contractor shall include its the invoice only if required elsewhere in this Agreement. (See paragraph 1 above.)' . g. The total number of residential/detainee days; h. The daily rate; i. The total residential/detainee days multiplied by the daily rate; j. The name of each ICE resident/detainee; k. Resident?s/detainee?s A?number; 1. Specific dates of detention for each resident/detainee; m. An itemized listing of all other charges; n. For stationary guard services, the itemized invoice_shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the that was guarded. Items a. through i. above must be on the cover- page of the invoice. Invoices without the above information may be returned for_resubmission. Invoices housing, transportation and mileage" shall be submitted separately. Invoices for medical and stationary guard services shall be submitted in accordance with the provisions under Support and Medical Services/Health Care Program. 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 Office receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of funds, shall censtitute the payment date. The Prompt Payment Act requires ICE to pay interest on overdue payments to the Service Continued NSN 7540(31-152-3057 OPTIONAL FORM 336 {4-86} Sponsored by GSA FAR (43 CFR) 53.110 OIA3030001196 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 4 6 NAME OF OFFEROR 0R CONTRACTOR JOHNSON COUNTY OF I ITEM no. SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) 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. 2. Add transporation as follows: Escort/Stationary Guard and/or Transportation Services' A. Transport/Escort/Stationary 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 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. ICE directed transportation will be reimbursed at the rate of $15.00 per hour. Any incurred overtime pay for such services will be reimbursed at the applicable overtime rate of $22.50 per hour. At least wx7xe) qualified law enforcement or correctional officer personnel employed by the Service Provider under their policies, procedures and practices will perform transport services. Transportation shall be reimbursed at the mileage rate established pursuant to the General Services Administration (GSA)/federal travel allowance rate established in the Agreement. The mileage rate for this agreement is established at $0.585/mile. Mileage shall be denoted as a separate item on submitted invoices. B. Medical/Legal_Transportation: Transportation and/or escort/stationary guard services for ICE detainees housed at the Service Provider?s facility to and from a medical facility for outpatient care, and transportation and/or escort guard services for ICE detainees housed at the Service Provider's facility admitted to a medical facility; and for detainees attending offwsite 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 Service Providers agrees to augment such practices as may be requested by Continued NSN OPTIONAL FORM 335 (4-36) Sponsored by GSA REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 6 NAME OF OFFEROR 0R CONTRACTOR JOHNSON COUNTY OF NEMNO. (A) (Bl QUANTITY UNIT (D) AMOUNT (E) (F) Training and Compliance: ICE to enhance specific requirements for - security, detainee monitoring, visitation and contraband control. C. 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 employees during the course of transporting ICE detainees. D. 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. The Service PrOvider shall comply with_ICE transportation standards_ tm} 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. F. Same Sex Transport: During all transportation activities, at least one Officer shall be the same sex as the detainee. Questions concerning guard assignments shall be directed to the COTR for final determination. - G. Miscellaneous Transportation: The COTR may direct the Service Provider to transport detainees to unspecified, miscellaneous locations. H. Billing Procedures: The itemized . invoice for such stationary guard services shall state the number of hohrs being billed, the duration of the billing {times and dates) and the Continued NSN 7540-01-1 52-3067 OPTIONAL FORM 336 (4-86} Sponsored by GSA . FAR (48 CFR) 53.110 CONHNUAHONSHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 6 6 NAME OF OFFEROR 0R CONTRACTOR JOHNSON COUNTY OF SUPPUESEERVEES- I AMOUNT (A) (B) (C) (D) (E) (F) name of the detaineets) that was guarded. Any discrepancies shall be addressed with the Contracting Officer. Except as provided herein, all remaining terms and conditions under IGSA ACD98-6059 remain unchanged Period of Performance: 04/29/1998 to 04/28/2010 NSN TWD1-152-BGBT OPTIONAL FORM 336 (4436) Sponsored by GSA .. 1-. 04/29/98 WED 14:32 FAX 214 767 7458 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE US. IMMIGRATION AND NATURALIZATION SERVICE AND Johnson County, Texas Bremen The purpose of this Intergovernmental Service Agreement (IGSA) is to establish a formal, binding relationship between the United States Immigration and Naturalization Service (hereafter referred to as the ?Service?) and the Johnson County, Cleburne, TX (hereafter referred to as the ?tProvider?) for the detention and care of the persons charged with violations of the Immigration and Nationality Act, as amended, (INA), and related criminal statutes. DIL I The Provider agrees to accept and provide for the secure custody, care, and safekeeping of Service detainees in accordance with Federal, State, and local laws, standards, policies, procedures, or court orders applicable to the operations of the facility. Nothing in this agreement shall be construed to bind the Service contrary to its legal, policy, or court order responsibility. The Provider agrees to provide Service detainees with the same level of medical care and services provided local prisoners including the transportation and security for Service detainees requiring removal from the facility for medical Services. The Provider shall notify the designated contact person at the local Service office as soon as possible but within two (2) hours of all medical emergencies requiring removal of a detainee from the Facility._ Service authorization will be obtained prior to removal of a detainee from the facility for non-emergency medical services in accordance with procedures to be established and mutually agreed upon. All medical care other than emergent must be pre?approved by the Service in consultation with the United States Public Health Service (USPHS). The Service may not accept responsibility for any costs incurred that were not pro-approved other than emergent medical costs. For medical care provided outside the facility, the Service. retains the option of designating a medical provider for non-emergency care if the Service determines that an alternative provider is more cost effective, or more aptly meets the needs of the Service. The USPHS is under contract to the Service to help insure preservation of the health of detainees as an integral part of the INS Health Care Program. For purposes of oversight, the relationship of the INS Health Care Program to the detainee shall be likened to that of physician to patient. In this light, restrictions generally applicable to the release of information by the Provider will not be applicable to representatives of the INS Health Care Program, who will be the ?nal authority regarding the health of Service detainees. OPTIONAL FORM 9, (7-90, FAX TRANSMITTAL DapIJAg?w/LWp?wnone? (MM Fairs" I a/v? 903? 53.719 NSN 7540?01r-317?7358 5099?101 001 Is at pages Fax# GENERAL SERVICES ADMINISTRATION 04/29/98 WED 14:33 FAX 214 767 7458 The of?ce and administrative space ?nnished to the Service by the Provider shall be equipped with a telephone system, and shall be suitable for INS use. The Service will incur the costs of installing computer cabling, telephone lines and any additional telephone trunk lines and telephone switch equipment which may be required. The Service will be responsible for payment of their own long-distance telephone bills. INS may request the installation and removal of Government owned video teleconferencing equipment and will reimburse the Provider, after ?rst obtaining advance approval of the costs. As necessary, the Provider will provide suf?cient safe and secure storage space for all Service detainees baggage. RECEIVING AND DISCHARGE The Provider agrees to accept as Service detainees those persons presented by Service of?cers, only upon presentation by the of?cer of proper INS credentials. Receiving and discharging shall be available twenty four (24) hours per day, seven (7) days per week and shall ensure positive identi?cation and recording of both detainee(s) and INS The Provider agrees to release Service detainees only to Service of?cers presenting proper credentials. Any questions regarding any individual presenting himself as having such authority. should be addressed to the INS contact person(s) identi?ed in this document prior to releasing any Service detainee(s). Service detainees may not be released custody of the Provider, for any reason except for medical or other emergent situations, or in response to a Federal Writ of Habeas Corpus. If a Service detainee is sought for federal, state or local court proceedings, only the Service may authorize release of the detainee for such purposes. The Service Contact Person shall be immediately advised by-the Provider regarding any such requests. MINIMUM STANDARDS The Provider agrees to maintain the facility in accordance with the standards indicated on the Service?s I ail Inspection, Form G-324a (Rev. 6/5/92) (Attachment N0. 1) and to notify the Service contact Person immediately at any time it becomes aware that the facility will not continue to meet any one or more of the standards. The Provider agrees to provide recreational programs and activities that meet the requirements as set forth in the Detained Alien Recreation Policy (Attachment No. 2) The Service agrees? to make every effort to ensure that no juvenile detainees under the age of 18) are placed into the Provider?s facility. The Provider agrees to 04/29/98 WED 14:33 FAX 214 767 7458 1 rti immediately notify the Service Contact Person in the event that it is found that a Service detainee has been placed into the facility that the Provider has reason to believe is a juvenile. IE SPECTION Provider?s facility is governed by State of Texas standards. The Provider will provide copies of its standards to the Service with any subsequent modi?cations. The Provider agrees to allow periodic inspections of the facility by Service jail inspectors. Findings will be shared with the facility administrator in order to promote improvements to facility operations or conditions of con?nement. Failure to maintain at least the minimum standards, discussed above, will be suf?cient cause for termination of this agreement. FACILITY LOCATION The Provider shall provide detention services for Service detainees only at the following institution(s) which are operated by Johnson County at the following institution(s): Johnson County Sheriffs Department Law Enforcement Center 1800 Ridgemar Cleburne, Texas 76031 The Provider shall notify the Service immediately of any contracting out of the Operation of detention facilities where Service detainees are housed to any entity other than the Johnson county. The Provider shall notify the Service immediately of any contracting out of the transportation of Service detainees to any entity other than Johnson County. SUPPORT AND MEDICAL CARE PROGRAM The Provider agrees to provide Service detainees with the same level of medical care and services provided local prisoners including the transportation and security for Service detainees requiring removal from the facility for medical services. The Provider shall notify the designated contact person at the local Service of?ce as soon as possible but within two (2) hours of all medical emergencies requiring removal of a detainee from the Facility. Service authorization will be obtained prior to removal of a n003 04/29/98 WED 14:34 FAX 214 767 7458 .004 . detainee from the facility for non?emergency medical services in accordance with procedures to be established and mutually agreed upon. All medical care other than emergent must be pre-approved by the Service in consultation with the United States Public Health Service (U SPHS). The Service may not accept responsibility for any costs incurred that were not pro-approved other than emergent medical costs. For medical care provided outside the facility, the Service retains the option of designating a medical provider for non?emergency care if the Service determines that an alternative provider is more cost effective, or more aptly meets the needs of the Service. The USPHS is under contract to the Service to help insure preservation of the health of detainees as an integral part of the INS Health Care Program. For purposes of oversight, the relationship of the Health Care Program to the detainee shall be likened to that of physician to patient. In this light, restrictions generally applicable to the release of information by the Provider will not be applicable to representatives of the INS Health Care Program, who will be the ?nal authority regarding the health of Service detainees. The Provider ?irther agrees to include all costs associated with hospital or health care services provided outside the Facility, with the regular billing to the Service for detention services. The Provider shall arrange for the healthcare facility to invoice the Provider for services provided at rates no greater than those applicable for other individuals in the custody of the Provider. The original of the caring facility?s invoice(s) for hospital/health care services shall be submitted with the detention billing to support the Service?s payment of those costs to the Provider. The Service shall include payment for the hospital/health care services provided along with the payment for detention services. The Provider agrees to provide stationary guard services as requested or required for detainees committed to a medical facility. Such service will be performed by quali?ed law enforcement or correctional of?cer personnel employed by the Provider - under their policies, procedures, and practices. The Provider agrees to augment such practices as may be requested by the Service to enhance speci?c requirements for security, detainee monitoring, visitation, and contraband control. The Provider may invoice the Service for reimbursement for such actual hours of security services at a rate of $15.00 per hour. Reimbursement shall be for only those ?hours spent on post. Mileage or hourly charges for travel of guards to and/or from Within Johnson County are not reimbursable by the Service. The itemized invoice of such stationary guard services shall state the number of hours being billed, the duration of the billing (times and dates) and the name(s) and INS Number(s) for each detainee guarded. The Service shall include payment for Stationary guard services provided along with the payment for detention servrces. 04/29/98 WED 14:34 FAX 214 767 7458 005 0L FINANCIAL PROVISIONS The per diem rate under this agreement is $50.00 per manday. The rate covers one person per day. The government may not be billed for two days when an alien is admitted one evening and removed the following morning. The Provider may bill for the day of arrival but not for the day of departure. The Provider shall prepare and submit an itemized invoice for the services provided each month, in arrears. Itemized original invoices shall be submitted- to the Service of?ce designated below to receive invoices. Invoices should be submitted within the ?rst ten working days of the'month following the calendar month in which the services are provided. The invoice must include the name, title, telephone number and complete mailing address of the of?cial submitting the invoice. In addition, it shall list each Service detainee by name and INS Number, the speci?c dates of detention for each, the total number of days, the daily rate, and the total amount billed (total mandays multiplied by the daily rate). Stationary guarded services will be billed as a separate line item on the invoice and shall be supported by documentation of hours spent and INS of?cial authorizingthe service. Each invoice must also include the complete IGSA number. Outside medical expenses and related guard services will be billed as separate line items on the invoice as outlined under the SUPPORT AND MEDICAL SERVICES HEALTH CARE PROGRAM section of this IGSA. The invoice is to be submitted to the following location: US, Immigration and Naturalization Service 8101 N. Stemmons Freeway Dallas, Texas 75247 ATTN: Detention and Deportation The prompt Payment Act, Public Law 97?177 (96 Stat. 85, 31 USC 1801), is applicable to payments under this Agreement and requires the payment of interest to the Provider on overdue payments. Determination of interest due will be made in accordance with the provisions 'of the Prompt Payment Act and the Of?ce of Management and Budget Circular Payment under this agreement will be due the thirtieth (30th) calendar day after receipt of a proper invoice in the of?ce designated to receive the invoice. The date of the check issued in payment shall be considered to be the date the payment is made. The Service may elect to effect payments via electronic means. The Provider agrees to provide the required ?nancial institution and related information in order to accommodate the Service, by way of submitting a completed form SF -3 881, which is 04/29/98 WED 14:35 FAX 214 767 7458 incorporated into this agreement as Attachment No. 3. The completed form must be submitted to the payment of?ce listed below, at the time of submis?sionbf the ?rst invoice for services rendered. PAYMENTS WILL BE ISSUED FROM: US. Immigration andNaturalization Service Finance Of?cer (ACDFIN) 7701 N. Stemmons Freeway Dallas, Texas 75247 THIS AGREEMENT IS SUBJECT TO THE AVAILABILITY OF CON GRESSIONALLY APPROPRIATED FUNDS TO THE SERVICE. This agreement shall be in effect upon signature by both parties and until terminated as outlined below. Either party may terminate this agreement by providing written notice of termination. For the terminationto be effective, the other party must. receive actual written notice of the intent to terminate at least 30 days prior to the proposed termination date. Should conditions of an unusual nature occur, making it impractical or undesirable to continue to house Service detainees, the Provider may suspend or restrict the use of their facility. In order for the suspension or restriction to be effective, the Service must receive actual written notice of the intent to suspend or restrict at least 14 days prior to the proposed date. The only exception to this notice requirement is when an emergency situation requires the immediate relocation of Service detainees. - The Provider may initiate a request for a rate increase, or decrease after 12 months, by notifying the local of?ce of the Service in writing at least 60 days prior to the desired effective date of the adjustment. Any rate increase must be justi?ed in writing to the local Service of?ce prior to being approved. Adjustments will be evaluated on the justi?cation provided and the reasonableness of the proposed price increase. Changes in rates or other terms and/or conditions of this agreement, shall be effected by the issuance of a bilateral modi?cation to this agreement by the Contracting Of?cer. ORDERING OFFICES) The following Service of?ce(s) at the address(es) shown may place orders for detention related services in accordance with this Intergovernmental Service Agreement. 006 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001206 04/29/98 WED 14536 FAX 214 767 7458 I i . I .r a ,r-i I .. .1 EIOOS the Provider does not waive any defenses, imnnmities or limits of liability available to it under state or federal law. . Nothing in the abOVe paragraphs shall be considered to preclude the Service from receiving the bene?ts-of any insurance the Provider may carry, if any, which provides for indemni?cation for any loss or destruction of, or damage to property in the custody and care of the Provider Where such loss, destruction, or damage is to US. Government property. The Provider shall donothing to prejudice the Service?s right to recover against third parties for any loss, destruction of, or damage to US. Government property. CONCUI 374w] RODDP WACDFIN CONCUT CONCUP SIGNATURES AND JTIONS US. Department of Justice Immigration Naturalization 7701 N. Stemmons Freeway 7 I as is ?St Johnson County, Texas rursuant a resoruuon or the Commissroner?s Court of Johnson County, Texas passed the day of Mg}! i ,1998 Date Signed: AMENDMENT OF OF CONTRACT 1' CONTRACT ?9 CODE PAGE OF PAGES 1 I 2 2. AMENDMENTMODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITIONIPURCHASE REQ. NO. 5. PROJECT NO. {if appiicabie) See Block 16C 6. ISSUED BY CODE ICE DC DC 7. ADMINISTERED BY (ifother than item 6} CODE 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) 9A. AMENDMENT OF SOLICITATION NO. JOHNSON COUNTY OF 2 MAIN COURTHOUSE 93- DATED 11) CLEBURNE TX T60335500 10A. MODIFICATION OF CONTRACTIORDER NO. 103. DATED 13) 0095 0462867870000 05/21/2009 ?31. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOUCITATIONS above numbered solicitation is amended as set forth in Item 14. The hour and date speci?ed for receipt of Offers Dis extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date speci?ed in the soticitation 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 indudes a reference to the soiicitation 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 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 telegram or ietter 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. 1T MODIFIES THE CONTRACTIORDER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER rs PURSUANT TO: {Specin/ authority) THE CHANGES SET FORTH IN mind 14 ARE MADE IN THE CONTRACT ORDER NO. 1N 10A. B. THE ABOVE NUMBERED CONTRACTIORDER iS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as Changes in paying of?ce. appropriation date. etc.) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR C. SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: O. OTHER (Speci?r type of modi?cation and authority? IAW E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing Of?ce. 14. OF (Organized by UCF section headings. inciuding admiration/contract subject matter where feasible} DUNS Number: 046286787 The purpose Of this modification to Inter?Governmental Service Agreement is to implement Contract Specific Wage Determination Number 2011?0204, Revision 1, dated 11/07/2011. The effective date of the Contract Specific Wage Determination is December 1, 2011. The contractor must notify the Contracting Officer in writing within thirty (30) days after 'receipt of this modification of any increase claimed under the Fair Labor Standards Act and Service Contract Act Price Adjustments (Multiple Year and Option ContractS). Any increase claimed shall be initiated by submitting a rate adjustment proposal for changes in wages and benefits along with detailed supporting price documentation. 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 or print) I 16A. NAME AND TITLE OF CONTRACTING (Type or print) 158. CONTRACTORIOFFEROR 150. DATE SIG 160. DATE SIGNED {Signature of person authorized to sign) I NSN 754u01?152-8070 IARD FORM 30 (REV. 19-513) Previous edition unusable . ..bed by GSA FAR (46 CFR) 53.243 CONTINUATION SHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 2 2 NAME OF OFFEROR 0R CONTRACTOR JOHNSON COUNTY OF REM No; SUPPLIESISERVICES QUANTITY UNIT - PRICE AMOUNT (A) (B) (C) (D) (E) (F) All other terms and aqreements remain the same. Program Poe: m1m Contract Specialist: Contracting Officer: NSN OFTEONAL FORM 336 {4436) Sponsored by GSA OF??LiczfATi?$kM9?isicgriof??v . ., 31" .8. mg has} 1339125330? commcma 9.19% mm: we '2 . '36G3f35'56i}? 7 1 3:;26233638929060- - si?g?p?zeql Se: {aha i5; aegis 142.: gage: 51:13:? .616}: gimiss'pt' 6r may f_'j citizis- ?mehds?e'ni'yqi? an offer away s'ubmiliedgs?d} came may-be m?ad? by letegtam i?iegraizxg ?ri $233? m?kes 7 ?as?gsxquimgag OF by 3:2? mm: headings; imaging inaim?eg?gw?fmcf??j?gf mama: wag 53.33331:cgimmcma'ccne - mi: 92-" mar-:8. QATE 910; j; - ea: *S?e 211.; - - - 3 39:35 a?tswb? ;Zf f';f Ll??ggf?e sf $3 :3 9?8 88; F?ittisd if: E?ingpfibevmnt 7 {Ozs?a??d '?220'2223 Eni??orgenge?fc__ i" - - ?Magma - u_ ?ash SC 2.6536- -. - (2052438? iagmamti?r- azcem?nt 3.3 - - ?38. 99.75?) (355371393mist Ckima?gieiiggfs rawipi of {his am?ndrn'gep: 555mm {hahbur and dais quc?iwa?! the sb?cig?tiqn b: as e! {lg mg .. ease r' jize sdigita?ah and :his pm): {981g cpehi?g ?at? sp?gi?ed.; I .512, mm ;.Se?e Sched?i?f . i; 1. . '13: ITHISQIVTEQ to comm?mgio?usgs. 1730131323 THE adamanonpaa 'As' grammes; f1}; _:rsr?j 012912;; no 1 . [3.75415 aaovswu??tr??a TOVRERECTIHE appmmamam 549,} 35-??ng mash: 53343393333#:333me 10' @3393: {Hf-Diff: 7 - 3 7-.- ??iei?a?'dii'i' ~S?pagag? ieiler grie?agmi?i i?h??h'i?ciuicias'a sc?c?tatisara?d RECEWEDKQT 3" if THE-WAGE #:1535812:qu or: ppgaas 912105210 mg SOUR AND MAY magman myomzjo?gn. .lf-h-yi'gi x. mas change (22131212 {3 wksum mgmm'um 1433:; my: :52 Trrli? wal'nghm- i 1' . C??iraei?? 7 7 5% mi? .I asc?m??l. ia'?d fem? 5. ??w@m@w?wmazi? umim?yoi "this is; adj Listed {25:35 as wag?asza ?sai?t-?zztia? Eated?i 123511.613.? mite .51 531 ?g .91 "fixil?ws; :3 I 1.66.3176 and 33:33:32: . . - . eve l?tii?ia??; . .1: .3. mgr?395. as bmvaic-d izeIeiri, ail Eesms and condit?ons of the; dasument refemme? lze?? 9A _or 18A, 9's heretofore unchanged am: {mi {amendeifamt TESATNAME AND mu; OFFECER T3193 ofpgin: 3 . if: 15?. DATE SIGNED: (Ib)(6)a I I If. .250. gig53.243 7 2 H2. Rib? w" wig-33 ICE.2-012FOIA3030001210 i Cci?ft?ixaficw?a?if - "in (Y [35.1) a: 2 .65?5g9;qog? - -- .: isg??il'ESingRVEC?S .Quawrnv aw? BRET PRICE AMOUNT - pa: manna. Z'fhe EoPayment .?atajai ga? . . Tf?r- . . aid th:' A the availabie?an? v? ??ili i? El .hOuST'a 3 r. kaligta-wXG, ?33. >4 .t a b?2vei,- 1115.3. :I'a?tih mainaj: '0 n- ?anspoz *t?tig?aggfg5coricincreu. h3M: 1?36 7 *figation regiec j?stm??t'iRTF} a& a 2G1 1 . app;&cabi? ag?e?mg??S tema?a the same, ?ag?wx?,wX7xc be basoq an estual hens Fun?izg be madification, n- er: {1 atea Einai set: a implementamien of ?2 0 .L Invx? All 311. 335335; - Spc?sorad by (333% PAR (43 as 53: ea CODE PAGE OF PAGES warmer . I 1 2 2. AMENDMENTIMODIFZCARON NO. 3. EFFECTIVE DATE REG. NO. 5. PROJECTNO. {Ifappifcawe} E00933 See Block 16C 6. 8? CODE BM 1; DC ADMINISTERED EY {Ifoiirerr?nan from 6} 6005. 1; GM If DC- EC CEIDetent Contracts~DC Immigration and Customs EnfOrcement Office of Aoguisition Management 8 1 Str.et NE Suit893 ECEfDetent Engtf?etent Contracts~?c Emmigraiion and Cu toms Enfozcement Office of Acquisition Management 801 Street we, Suite 930 I Washington DC 20536 ?ashingto_ DC 20536 8. NAME AND AGGRESS OF steer. canary. Sfare ane? ZIP Cage} (X) 9A. 0F NO. COUNTY SF 2 ERIN COURTHOUSE CLEBURNE TX 760335500 SB. DATED ITEM '47 i ,1 103%. or: NO. . DATED (SEE ITEM 13} 05i22/2009 CODE 0462867870000 HEM APPLIES T0 OF 353LICITATIONS 533113 above numbered solicitation is amended as set forth in item 14. The hour and date speci?ed for receipt of Offers exiended. Bis not extended. Offers mus: ackn?owiedge receipt of ibis amendment prior to the hour and date speci?ed in ?ne solicitation or as amended, by one of the foiiowing methods: By compieling ?sms 8 and 15. and ramming copies of {he amendment; By acknowledging receipi of Ihis amendment on each copy of Iha offer submitted; or By separate Iettsr or [eiegram which includes a reference to ma solicitation and amendment numbers. OF YOUR ACKNOWLEQGEMENT TO BE RECENEO AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR 3?0 THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTIQN OF YOUR OFFER. If by virtue of ihis amendment you desire to change an ofter already submitted. such change may be made by Islegram or letter. provided each teiegram or letter makes reference to 833 solicila?on and {his amendmeni. and is received prior to the opening hour and date speci?ed. 12. ACCOUUTI NS ANS DATA {If reqaired} See Schedule 13. ?(His new om? APPLIES MOBIFIGATION or: n? marries THE no. AS DESCRIBED were} 1:3. A THIS CHANGE ORDER as PURSUANT TO: (Specify anthem/,2 THE CHANGES SET FORTH IN ETEM MAREMADE in THE CONTRACT ORDER NO. IN HEM 10A. B. THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying of?ce, appropriation dare. etc.) SET FORTH 1N HEM 14, To THE AUTHORITY OF FAR 43.10363}. C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED PURSUANT To AUTHORITY OF: MUTUAL OF THE PARTIES .0. OTHER {Specify type of modification and auii?ron?fy) a. Emma'ma?i?: Comrade; is mg, is required to sign this dccumen: and return 1 copies to ihe issuing of?ce. 14. DESCRIPHOM OF AMENDMENTWOQIFECATION {Organized by UCF headings, soliciz?arfan/confracr subjecrmafierwhare faasf?Ie.) DUES Number: 046236787 The purpose of this modification to InterFGovernmental Service Agreement is :5 olarify_thag the bed day rate for the retroactive portion is $62.00. This 9 for the period of-December 1, 2911 through March 31; 2012 o? the settlement only. The revised raLe of $59.72 wili be effective April 1, 2012. Payment for Dedember l, 2011 through March 31, 2012w111 be applied to the agreement when made available an? via subsequent modification. Ail other terms and agreements rem in the same; EKempt Action: Continued Except as providers herein. ail terms and conditions (lithe document referenced in Item 9A or IDA, as herelofore changed, remains unchanged and in full force ande?eci. 15A. NAME AND TITLE OF SIGNER (Type orpn?nt) 1615.. NAME AND TITLE OF OFFICER (Type orpriraf) 150. 135-81? 160. DATE I ?Roronwaapus.r03$ er} by GSA (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001213 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001214 (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.2012FOIA3030001215 t. . ID CODE PAGE 6i Mons . 1- AMENDMENT OF OF CONTRACT 2. AMENDMENTIMODIFICATION N0. 3. EFFECTIVE DATE 4. REQ. NO 5. PROJECT N0. ?fappiioobte) P080 05 See Block 16 o. ISSUED BY - cope ICEIDMIDC 7. ADMINISTERED BY (IF OTHER THAN ITEM 6) CODE ICEIDMIDC ICE Detention Management Contracts ICE Detention Management Contracts Immigrations and Customs Enforcement! Of?ce of Acquisition Management immigrations and Customs Enforcement! Of?ce of Acquisition Management 801 I Street NW, Suite 910 801 I Street NW, Suite 910 Washington, DC20536 Washington, DC20536 8. NAME AN AODRESS OF CONTRACTOR (No, Street, County, State.? and Zip Code) 9A. AMENDMENT OF SOLICITATION NO. - 5 Johnson County of 7 I i 2 Main Courthouse . I Clebumc TX 760335500 so. DATED (see ITEM 10A. MODIFICATION OF CONTRACTIORDER NO. . CODE: FACILITY CODE: 103- DATED (SEEITEM 053112009 - 11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS The above numbered, solicitation is amended as set forth in item 14. The hour and date speci?ed for receipt of Offers Cl is extended is not extended. Offers must acknowiedge receipt of this amendment prior to the hour and date speci?ed in the solicitation or as amended by one of the following methods: By completing Items 8 and 15, and returning copies of the amendment; By acknowiedging 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, OF YOUR RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or ietter, provided each teiegrarn 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 APPROPREATION DATA (ifRequireii) See Schedule - . 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTSIORBERS, IT MODIFIES THE CONTRACT IORDER N0., AS DESCRIBED IN ITEM 14 A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (5)9969? Authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 19A. . B. ABOVE NUMBERED COWCTIORDER IS MODIFIED-TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying Q?ice, appropriation date, etc.) SET FORTH 1N ITEM I4, PURSUANT TO THE AUTHORITY OF FAR 43,103 - C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: 13. OTHER (Spoof)? (Jane cf modification and authorigz} Mania! Agreement of the Parties E. Contractor is NOT is required to sign this document and return 1 copies to the issuing of?ce: 14. DESCRIPTION OF (Organized by UCF section headings, including soiicitationfcontract subject matter where feasible. - The purpose of this modi?cation is to incorporate ICE 2011 Performance Based Detention Standard 2.1 i - Sexual Abuse and Assault Prevention and Intervention. Should there he a con?ict between this standard and any other term and condition of the agreement identi?ed in Block 10A on this modi?cation, you are to contact the Contracting O?icer for clari?cation. - All other terms and conditions remain unchanged. Except as provided herein, all terms and conditions of the document referenced in Item 9A or EBA, as heretofore changed, remains unchanged and in full force and effect. 15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER - Count?u It i OILCIQ. (We (bwwc) 15C. DATE 16C. 153. CONTRACTORIOFFE i . SIGNED 37m ?ignaho'e a; person authorized to sign) ?a Lt I #521 L) ?8.11?.th 0U Previous Edition Unusahle Prescribed by GSA FAR (48 53.243 1. . I - AMENDMENT OF OF CONTRACT 1? CONTRACT '0 CODE PAGE OF PAGES 1 I 5 2. NO. 3. EFFECTIVE DATE 4. REG. NO. 5. PROJECT NO. {Ifapplicabie} See Block 16C 6. ISSUED BY CODE I CE DC 7. ADMINISTERED BY (If other than Item 6) CODE I ICE/Detent Mngt/Detent Contracts?DC Immigration and Customs Enforcement Office of Acquisition Management 801 I Street NW, Suite 910 Washington DC 20536 8. NAME AND ADDRESS OF CONTRACTOR (Na, street. county, State and ZIP Code) 00 9A. AMENDMENT OF SOLICITATION NO. JOHNSON COUNTY OF 2 MAIN COURTHOUSE 93- DATED ITEM 11} CLEBURNE TX 7 6033550 0 10A. MODIFICATION OF CONTRACTIORDER NO. 4 1GB. DATED (SEE ITEM 13) CODE 0462867870000 05/21/2009 11. THIS ITEM ONLY APPLEES TO OF SOLICITAHONS Dme above numbered soiicitation is amended as set forth in Item 14. The hour and date speci?ed for receipt of Offers [1 is extended. is not extended. Offers must acknowledge receipt of this amendment prior to the hour and date speci?ed in the solicitation or as amended. by one of the following methods: By completing Items 8 and 15, and returning copies of the amendment; 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. OF YOUR ACKNOIMEDGEMENT 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. 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 I 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTSIORDERS. IT MODIFIES THE CONTRACTIOROER NO. AS DESCRIBED IN ITEM 14. A. THIS CHANGE ORDER IS ISSUED PURSUANT To: (Specify authenty) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN REM 10A. B. THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES {such as changes in paying of?ce, appropnal?ron date, etc.) SET FORTH IN ITEM 14. 9URSUANT TO THE AUTHORITY OF FAR 43.10363). C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED JNTO PURSUANT TO AUTHORITY OF: D. OTHER {Speci?r hips of modi?cation and authority) Unilateral Modification 5, 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, inCIuding solicitation/contract subject matter where feasibIe.) DUNS Number:' 046286?87 The purpose of this administrative modification is to identify the various prices in the table below and incorporate new_invoice instructions. All other terms and conditions remain unchanged. 'Incorporate the following under Article I. Purpose IGSA Prices: Article I: Bed Rate: $59.72 Article XVI: Escort/Stationary/Transport Rate: $23.34 Article XVI: Mileage Rate: Pursuant to current GSA federal travel allowance rates 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 fuil force and effect. 15A. NAME AND TITLE OF SIGNER (Type or print) 'pn?nt) 153. CONTRACTORIOFFEROR 150. DATE SIGNI 160. DATE SIGNED {Signature of person amnonzed to sign) NSN 30 (REV. 1083} Previous edition unusable - ESA 53.243. REFERENCE NO. OF BEING CONTINUED I PAGE OF CONTINUATION SHEET ?300006 2 NAME OF OFFEROR 0R CONTRACTOR JOHNSON COUNTY OF ITEM no. SUPPLEESISERVJCES UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Replace Article Enrollment, Invoicing and Payment, paragraph Invoicing, with the following: Invoicing Instructions: Service Providers/Contractors shall use these procedures when submitting an invoice. 1. Invoice Submission: Invoices shall be submitted in a .pdf format on a basis via email to: @ice . . 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, ICE 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 (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 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; Continued 7549014535957 OPTIONAL FORM 336 {4-36) Sponsored by GSA - FAR (45 CFR) 53.110 ICE.2012FOIA3030001218 REFERENCE NO. OF DOCUMENT CONTINUED PAGE OF SHEET DROIGSA-O9-0014 3 NAME OF OFFEROR OR CONTRACTOR JOHNSON COUNTY OF HEMNO. SUPPUESSERVEES QUANHTYUNW AMOUNT (A) (B) (C) (E) (F) (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, 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 Officers 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 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 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 such as sack lunches and detainee wages): shall be fully supported with documentation substantiating the costs and/or reflecting the Continued NSN 7540431452806? OPTIONAL FORM 336 (4-86) Sponsored by GSA FAR (48 CFR) 53.110 ICE.2012FOIA3030001219 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 4 NAME OF OFFEROR OR CONTRACTOR JOHNSON COUNTY OF ITEHNO. SUPPUESSERWCES AMOUNT (A) (B) (C) (D) (E) (F) 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; (5) Residents/detainees identification information Transportation Services: (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: (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 or 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, 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 of information such as the individualgs name or other unique identifier and full date of birth, citizenship, or immigration status. Continued NSN 7540-01452-806? OPHONAL FORM 336 Sponsored by GSA FAR (43 CFR) 53.110 REFERENCE NO. OF DOCUMENT BEING CONTINUED I PAGE OF SHEET 5 NAME OF OFFEROR 0R CONTRACTOR JOHNSON COUNTY OF HEMNO. AMOUNT (A) (B) (C) (E) (F) 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 PIE. 5. If you have questions regarding payment, please contact ICE Financial Operations at e?mail at W6): 3ice.dhs . gov Exempt Action: NSN 7540014528567 0PT10NAL FORM 336 (4-36) Sponsored by GSA FAR (48 CSR) 53.110 . . .- SERVICE AGREEWNT - UNITED STATES Rama'er HOMELAND $3ng- OFFICE .91? DETENTIDN JOHNSON Inter?ovemmental 3'Service- Agreement exiter??. intq between??itad States; Homiarid ccu?ty and and Johnsonec?SjeI-vice Provider?)- fO'r the detention-and ears-ofa?ens ?I-hc used this Agreament to re?fhr. joint-1y to ICE and 319%. Service Provider; . Sarvice'vaider shall previ?i'e. detentiozj. sex-Vices for 'deiainees a: the foliou?ng insti?lfi?h??)? JOhIIS?n?ounty Jail .1300 Ridgemar Brim; CIebmm Texas 'f6931 SERWCE '11- Ti?f?? 239;; Part 4 Labar for Federal Siervi?e Comma: Clause it 019 09 _0 71213531210 1 12 9 {2.0 9 I WHEREOF, the und?rsi ?ned,,dt11y authorized o?eers; have subscribed names qnibehalf of .19th1; County and D'epaxtnent af-iHomIand Securitymomma: . . . ACCEPTED: Imniigra?on. and Cusmms._anorcement Manson Texas . I . . -- . manic] 'xs?w?w? .. .. .. .. Date: .9 $361 '1 {mm . Page [of 18 43.. .. .. DROIGSA-09-0014 - 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. Guidance: This is a ?xed rateagreement, not a Icost reimbursable agreement, with respect to- the detainee day rate. The detainee day rate is $50.00 through 30 September 2009.- Effective 1 October 2009, the detainee rate will be $54. 96. ICE shall be responsible for reviewing and approving the costs associated with this Agreement and subsequent modi?cations utilizing all applicable federal procurement laws, regulations and standards in arriving at the detainee day rate. Article II. General A. Commencement of Services: This Agreement is neither binding nor effective unless signed by the ICE Contracting Of?cer. Until Such time ICE provides funding for the services under to be prOvided this agreement, ICE is under no obligation to utilize the facility identi?ed-herein. . 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 been identi?ed and funding obtained. Performance under this Agreement is not authorized until the Contracting Of?cer issues an order in writing. The effective date of the Services will'be negotiated and speci?ed in a delivery order to this Agreement. I C. Subcontractors: The Service Provider shall notify and obtain approval from the ICE Contracting Of?cer?s Technical Representative (COTR) or designated ICE of?cial if it intends to house ICE detainees in a faCility other than the Johnson County Jail. If either that facility, or any future-facility is operated by an entity Page 2 of 18 ICE.2012FOIA3030001223 other than the Service Provider,- ICE shall treat the entity as a subcontractor to the Service Provider. The Service Provider shall obtain the_Contracting' Officer?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 Officer, the Service Provider shall ensure that any subcontract includes all I 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. - - 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. I Article Covered Services -A. Bedsgace: The Service Provider shall provide male/female beds on a space available basis (up to 200). The Service Provider shall house all detainees as determined within Provider?s classi?cation system. ICE will be ?nancially liable only for the aCtual detainee days as de?ned in Paragraph of Article - 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 those - the Service Provider routinely affords other inmates. 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 use its best efforts to remove the juvenile within seventy?two hours. Unit of Service and Financial Liability: The unit of service is called a ?detainee day? and is de?ned as one person per day. The detainee day'begins on the date of arrival. The Service Provider may bill ICE for the date of arrival but not the date of departure. The Service Provider shall not charge for costs that are not directly related to the housing and detention of detainees. Such costs include but are not limited to: I Page 3 of 18 ICE.2012FOIA3030001224 4 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, Federal detainees 5) Operating costs of facilitiesnot 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 Services: The Service Provider shall-make special provisions for I non-English 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 eitherin 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. - E. Escort and Transportation Services: The Service Provider will provide, upon request and as scheduled by ICE, necessary escort and transpOrtation services for ICE detainees to and from designated locations. Escort services may be required for escorting detainees to courthearin'gs; escorting witnesses to the courtroom and staged with the ICE Judge during administrative proceedings. Transportation Services shall be performed by at quali?ed sworn law enforcement- orcorrectional of?cer personnel employed by the Service Provider under their policies, procedures and authorities. See Article XVII. . Article IV. Receiving and Discharging Detainees A. Required Activity: The Service Provider shall receive and discharge detainees only to and from properly identi?ed ICE personnel or other properly identi?ed Federal law enforcement of?cials with prior authorization from Presentation of US. Government identi?cation shall constitute ?proper identi?cation.? The Service Pr0vider shall furnish receiVing and discharging services twenty-four (24) hours per day, seven (7) days per week. ICE shall Page _4 of 18 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. I 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, or in response to a federal writ-of habeas corpus. 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- Service Provider Right of Refusal: The Service Provider retains the right 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. EmergencyEvacuation: 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 of?cial Within two (2) hours of evacuation. Article v. Detention Standards Satisfactory Performance: The Service Provider is required to house detainees and perform related detention services in accordance with the most current edition of ICE National Detention Standards ICE Inspectors Will conduct periodic inspections of the-facility to assure compliance with the ICE National Detention Standards. - Page 5 of 18 A. . Article VI. Medical Services The Service Provider shall be responsible for providing health care services for ICE detainees at the facility, including: on?site sick call, over the counter. medication and routine drugs and medical supplies. In the event of an emergency, the Service Provider shall proceed immediately with necessary medical treatment. In such event, the Service Provider shall notify ICE immediately regarding the nature of the transferred detainee?s illness or . injury and type of treatment provided. . I - I The Service Provider shall ensure that all health care service providers utilized for ICE detainees. hold current licenses, certi?cations, and/or registrations with the State and/or City where they are practicing. The Service Provider shall retain a registered nurse to provide health care and'sick call coverage unless expressly stated otherwise in this Agreement. I 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 complaints and deliver complaints in writing to the - medical'and health care staff. - The Service Provider shall furnish onsite health care under this Agreement as defined by the facility local healthauthority. TheService Provider shall not charge any ICE detainee an additional fee or co-payrnent. 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 I provides to loCal inmates, if there are any. Onsite health care services shall perform initial medical screening within 12 hours of arrival to the facility, sick call coverage, provision of over-the-counter medications, treatment of minor injuries, treatment of special needs and mental - health assessments. A full health assessment to include a history and hands on physical examination must be done within the first 14 days of detainee arrival. Detainees with chronic conditions shall receive prescribed treatment and follow- - up care. Arrival screening shall include at a minimum TB screening, planting of the Tuberculin; skin Test and recording the history of past and present- illnesses (mental and physical, pregnancy status, history of substance abuse). Page 6 of 18 ICE.2012FOIA3030001227 DROIGSA-09-0014 H. If the Service Provider determines that an ICE detainee has a medical condition which lenders that person unacceptable for detention under this Agreement, (for example, contagious disease, condition needing life support, uncontrollable violence), the Service Provider shall notify ICE. Upon such noti?cation, the Service Provider shall allow ICE reasonable time to make the proper arrangements for further disposition of that detainee. I. The Division of Immigration Health Services (DIHS) acts as the agent and ?nal health authority for ICE on all off?site detainee medical and health related - matters. The Service Provider shall release any and all medical information for ICE detainees to the DIHS representatives upon request, except where prohibited 'by federal or state law or regulation. The Service Provider shall submit a Treatment Authorization Request (TAR) DIHS for payment before proceeding with medical care off site lab testing, eyeglasses, cosmetic dental, prosthetics, and dental care for cosmetic purposes). I J. The Service Provider shall submit supporting drieumentation for non-routine, off- site medical/health services to DIHS. For medical care provided outside the facility, the DIHS may determine that an alternative medical provider or institution that more aptly meets the needs of ICE and the detainee. The Service Provider shall send requests for pre-approval for non-emergency off-site care electronically to the following address icehealth.org/tarweb. K. The Service Provider shall furnish twenty-four (24) hour emergency medical care - and facility emergency evacuation procedures. In an emergency, 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 DIHS Managed Care; Coordinators, ICE HeaIth Services, 1220 Street, NW, PMB 468, Washington, DC, 20005?4018, phone (888) 712<6>a (bassoon as possible, and in no case more than seventy-two (72) hours after detainee such care. The Health Authority will obtain pre?authorization for payment from the DIHS Managed Care Coordinator for service(s) beyond the initial emergency situation. L. The Service Provider shall allow DIHS Managed Care Coordinators 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. I M. The Service Provider shall provide ICEdetainee medical records to ICE whether created by the Provider or its subcontractors/vendor upon request from the - Contracting Of?cer?s Technical Representative or Contracting officer. Page 7 of 18 I ICE.2012FOIA3030001228 . DROIGSA-09-0014 N. All claims for authorized medical care are to be submitted'to the following address: I HIS VA Financial Services Cente PO Box 149345 - Austin TX 78714-9345 0. The Division of Immigration Health Services (DIHS) provides limited prescription drug coverage for individuals in the custody of ICE. Prescriptions are ?lled at local pharmacies which are part of the Script Care Network (or other designated Pharmacy Bene?ts Manager). Below is the process for obtaining prescriptions for ICE detainees: 1. The provider shall request a group number which should be used at the pharmacy in conjunction with the (b)(6)a(b)(7ttiid Processor Control 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 panicipating'phannacy and indicate that this is an ICE detainee. I - 2. The pharmacy will run the prescription through the Script Care network for processing. - 3. Formulary prescription 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. . - 4. Non-Formulary prescriptions will follow the same procedure as formulary - prescriptions; however, because non?formulary medications require prior authorization the phMacy will receive a rejection indicating prior - authorization is required. At that point'the custodial facility will fax to Script Care the Drug Prior Authorization Request Form (409?833?7435) to the number designated at the top of the form. The authorization will be loaded into the Script Care network and the pharmacy will receive a call indicating the prescription has been approved. Non-Formulary urgent request must be submitted in the above manner except an should be placed On the form in the spacefor URGENT REQUEST and faxed to - 409?923-7391. The authorization will be'loaded into the Script Care netWork and the pharmacy will 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 (bogScript Care directly at 800? 880(b)(6), 3- Page 8 of 18 ICE.2012FOIA3030001229 4 Article VII. No Employment of Unauthorized Aliens Subject to existing laws, regulations, Executive Orders, and addenda to this Agreement, the Service Provider shall not employ aliens unauthorized to work in the United States. Except for maintaining personal living areas, ICE detainees shall not be required to perform manual labor. - Article Employment Screening Requirements A. General. The Service Provider shall certify to the Contracting Of?cer that any employees performing under this Agreement, who have access to ICE. detainees, will'have successfully completed an employment screening that includes at a minimum a criminal history records check, employment reference checks and a citizenship check. I - 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/s involving a child victim 4. Felony drug convictions - .5. Pattern of arrests, without Convictions, that brings into question a person?s judgment and reliability to promote the ef?ciency and integrity Of the ICE mission. . - . 6. Intentional falsi?cation and/or omission of pertinent personal information to in?uence 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 Service 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 for acts and omissions of his own employees and for any Subcontractor(s) 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 recertify their employees every three years by conducting a criminal history records check to maintain the integrity-of the workforce. - -. - Page 9 of?18 3' The Service Provider shall implement a Self?Reporting requirement for its employees to immediately report one?s own criminal arrest/s to superiors. C. Security Management. The Service Provider shall appoint a senior of?cial to'act as the Agreement Security Of?cer. The individual will interface with 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 Contracting Of?cer shall have the right to inspect the procedures, methods, all documentation and facilities utilized by the Service Provider in complying-with the security requirements under this Agreement. Should ICE determine that the ServiceProvider is not complying with the security requirements of this Agreement, the Service Provider shall be informed in writing by the Contracting Of?cer of the proper action to be taken in order to effect compliance with these employment screening requirements. Article IX. Period of Performance This Agreement shall become effective upon the date of final signature by the ICE Contracting Of?cer and the authorized signatory of the Service Provider and will remain in effect 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 agreeto a shorter period under the procedures prescribed in Article XI. Article x. Inspection . Jail 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 required 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 Terminationz-If the Service 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 IX and XI. Page 10 of 18 C. Share 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 to suicide 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 applies for a period of two (2) years from the date of the detainee's discharge from the Service Provider's custody. I Article XI. 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 modi?cation will become a part of this Agreement only after the ICE Contracting Of?cer and the authorized signatory of the Service Provider have approved the modi?cation in writing. B. Changes. . . l) The Contracting Of?cer may at any time, by written order, and without notice to the Service Provider, if any, 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 detention standards. Quantity of services to be provided Place of performance of- the services. (2) If any such change causes an increase or decrease in the costof the services under the Agreement, the Contracting Of?cer shall make an equitable adjustment . in the agreement-price and shall 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 shall disallow those costs when determining a revised rate, if any. . - (5) Failure to agree to' any adjustment shall be a dispute under the Disputes section of the Agreement. However, nothing in this Article shall excuse the Service Provider from proceeding with the Agreement as changed. . Page 11 of 18 - ICE.2012FOIA3030001232 DROIGSA-09-0014 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 shall be memorialized in a written modi?cation between the ICE Contracting Of?cer and authorized signatory of the Service Provider. In the event a dispute is not able to be resolved between the Service Provider and the ICE Contracting Of?cer, the ICE Contracting Of?cer will makethe ?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 (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 XII. Adjusting the Detainee Day Rate ICE shall reimburse the Service Provider at the ?xed detainee day rate shown on the cover page of the document, Article-I C.. TheParties may adjust the rate twelve (12) months after the effeCtive date of the agreement and every twelve (12) months thereafter. The Parties shallbase the cost portion of the rate adjustment on the principles of allowability and allocability as set forth in OMB Circular A-8-7, 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 of?cial 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 inde?nitely. See Article XI 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 ?xed rate agreement, there are no retroactive adjustment(s). Article XII-I. 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 1, 1999, ICE makes all payments only by EFT. The Service Provider shall identify their. ?nancial 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 of?ce prior to submitting its initial request for payment under this Agreement. If the EFT data changes, the ServiceProvider shall be responsible for providing updated information to the ICE payment of?ce. - . I B. Consolidated Invoicing The Service Provider shall submit'an original itemized invoice within the ?rst ten (10) working days of the month follo'win'g the calendar month when it provided the services via one of the following three methods; Page. 12 of 18 ICE.2012FOIA3030001233 DROIGSA-09-0014 a. By mail: . DHS, ICE Burlington Finance Center 1620 Williston, VT 05495-1620 Attn: b. By facsimile (fax): (include a cover sheet with point of contact of pages) 802-288-7658 (3. RV e-mail: @dhs 0V Invoices submitted by other than these three methods will be returned. The contractor?s Taxpayer Identi?cation Number (TIN) must be registered in the Central Contractor Registration prior to award and shall be notated on every invoice submitted to ICE to ensure prompt payment provisions are met. The ICE program of?ce shall also be notated on every invoice. Each invoice submitted shall contain the following information: a. the name and address of the facility; b. Invoice date and'number; c. Agreement number, line item number and, if applicable, the Task order number; (1. 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 Identi?cation Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in'this Agreement. (See paragraph 1 above.) the total number of - residential/detainee days; the daily rate; the total residential/detainee days multiplied by the daily rate; the name of each ICE resident/ detainee; . resident?s/detainee?s A-nurnber; .- speci?c dates of detention for each resident/detainee, . an itemized listing of all other charges; 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. .5 a trot-?recto Items a. through i. above must be on the cover page of the invoice. Invoices withOut the above information may be returned for resubmission. Page 13 of 18 DROIGSA-09-0014 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 PaymentAct requires ICE to make payments under this Agreement the thirtieth (3 0th) 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, 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 provided the Service Provider maintains an active registration in Central Contractor Registration (CCR) and all information is acc'urate Article XIV. Government Furnished Property A- Federal Property Furnished to the Service Provider: ICE may fumish 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 ofbed space made available to ICE is agreed to be grounds for the recall and return of any or all government furnished property. I - 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 XV. Hold Harmless and Indemnification Provisions A. Service Provider Held Harmless: ICE shall, subject to the availability of funds, save and hold the Service Provider harmless and indemnify the Service Provider against any and all liability claims and costs of whatever kind and nature, for injury-to or death of any person(s), or loSs or. damage to any property, which occurs in connection with or is incident to performance of work under the terms of this Agreement, and which results ?om negligent acts or omissions of ICE of?cers or employees, to the- extent that ICE would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 2691 et'seq. Federal Government Held Service Provider shall save and hold harmless and indemnify federal government agencies to the extent allowed by law against any and all liability claims, and costs of whatsoever kind and nature for . injury to or death of any person or persons and for'loss or damage to any property occurring in connection with, 'or in any way incident to or arising out of the occupancy, use, service, operation or performance of work under the tenets of this i Agreement, resulting from the negligent acts or omissions of theService? Provider, or any employee, or agent of the Service Provider. In so agreeing, the Service Page 14 of 18 .. ICE.2012FOIA3030001235 14 Provider does not waive any defenses, immunities or limits of liability available to it under state or federal law. I C, Defense of Suit: In the event a detainee ?les suit against the Service Provider I contesting the legality of the detainee's incarceration and/or immigration/citizenship status, ICE shall request that the US. Attorney?s Of?ce, as appropriate, move either to have the Service Provider dismiSsed from such suit, to have ICE substituted as the proper party defendant; or to have the case. removed to a court of prOper jurisdiction. Regardless of the decision on any such motion, ICE shall request that the US. Attorney?s Of?ce be responsible for the defense of any suit on these grounds. D. ICE Recovery Right: The Service Provider shall do nothing to prejudice right to recover against third parties for any loss, destruction of, or damage to US. Government property. Upon request of the Contracting Of?cer, the Service Provider shall, at ICE's expense, furnish to ICE all reasonable assistance and cooperation, including assistance in'the prosecution of suit and execution of the instruments of assignment in favor of ICE in obtaining recovery. - Article 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 ?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, shall have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its sub- contractors, which are pertinent to the award, in order to make audits, examinations, excerpts, and transcripts; The rights of 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 shall apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Government by the Service I Provider pursuant to the Debt Collection Improvement Act of 1982, as amended. Page 15 of 18 ICE.2012FOIA3030001236 Article XVII. Escort/Stationary Guard and/or Transportation Services A. Transport/Escort/Stationary Services Rate: The ServiceProvider agrees, upon request of the Federal Government in whose custody an ICE detainee is held, to provide all such air/ 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 of?cial. ICE directed transportation will be reimbursed at the rate of $15.00* per hour. Any incurred overtime pay for . such services will be reimbursed at the applicable overtime rate of $22.50 per . hour. At least quali?ed law enforcement or correctional of?cer personnel employed by the Service Provider under their policies, procedures and practices will perform transport services. TranSportation shall be reimbursed at the mileage rate established pursuant to the General Services Administration (GSA)/federal travel allowance rate established in the Agreement. The mileage rate for this agreement is $?/mile. Mileage shall be denoted as a separate item on submitted invoices. B. Medical/Legal Transportation: Transportation and/or escort/stationary guard services for ICE detainees housed at the Service Provider?s facility to and from a . medical facility for outpatient care, and transportation and/or escort guard services for ICE detainees housed at the Service Provider?s facility admitted to a medical facility; and for detainees attending off-site court proceedings. An of?cer or of?cers, shall keep the detainee under constant supervision twenty?four (24) hours per day until the detainee is ordered released from the hospital, or at the order of- the COTR. The Service Providers agrees to augment such practices as . . maybe requested by ICE to enhance speci?c requirements for security, detainee monitoring, visitation and contraband control. I - C. Indemnities: Furthermore, 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. D. 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 interiorsecurity features including physical separation of detainees from guards. The Service Provider shall provide interior security speci?cations of the-vehicles to ICE for review and approval prior to installation. E. Training and Compliance: The Service Provider shall comply with ICE transportation standards 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 -Page16of18 quali?cations, receive training, complete the same security clearances, and wear - the same uniforms as those personnel provided. for in other areas of this agreement. F. 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 ?nal determination. G. Miscellaneous Transportation: The COTR may direct the Service Provider to transport detainees to unSpeci?ed,miscellaneous locations. H. 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. I Article Contracting Of?cer?s Technical Representative A. The COTR shall 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. B. Should the Provider believe they have received direction that is not within scope of the agreement; the Provider shall not proceed with any portion that is not within the scope of the agreement without ?rst contacting the Contracting Of?cer. The Provider shall continue performance of efforts that are deemed within scope. Article XIX. Labor Standards and Wage Determination The Service Contract Act, .41 U.S.C. 351 et 29, Part 4 Labor Standards for Federal Service Contracts, is hereby inCorporatedmAttachrnent I. These standards and provisions are included in every'contract/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 furnish services through the use of service employees--See Attachrhent l. _Wage Determination: Each service employee employed in the performance of this contract/[GSA 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 inany wage determination attached to this contract??See Attachment 2. - Page 17-of18 DROIGSA-09-0014 - Article XX. Noti?cation and Public Disclosures: There shall be no public disclosures regarding this agreement made by the Provider (or any subcontractors) without review and approval of such disclosure by ICE Public Affairs and express permission granted by the ICE Contracting Of?cer. Article XXI. Incident Reporting: The Service Provider shall notify the cognizant ICE of?ce in accordance with the applicable ICE National Detention Standard. - END OF DOCUMENT Page 18'of18 - US. DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON, DC. 20210 REGISTER OF WAGE DETERMINATIONS UNDER . THE SERVICE CONTRACT ACT By. direction of the Secretary of Labor Wage Determination NO.: 2009-0007 Revision No.: 1 Date of Last Revision: 01/29/2009 Shirley F. Ebbesen Division of Wage Director Determinations State: Texas Area: Texas County of JohnSOn 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 Johnson County Jail in Texas. 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 wage Speci?ed by Section of the Fair Labor Standards Act; $6.55 per hour, effective July 24, 2008. UNIFORM ALLOWANCE If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government 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 of Labor 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 uniforms Without cost or to reimburse employees for the actual cost of the unifOrms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage'detennination shall (in the absence of a bona ?de collective bargaining agreement providing for a different amount, or the furnishing _of contrary affirmative proof as to the actual cost), reimburse all employees-for such "cleaning and maintenance at a rate of $3.35 per week (or $.67 Cents per day). However, in those instances where the uniforms fumi'shed are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, 'daily washing, or commercial laundering in order to meet the cleanliness or appearance standardsset Comma, by the contractor, by lav?v, or'by'the nature of he rammed uniform maintenance costs. - Attachment 2 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 I 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: 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 previsions 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 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 I -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 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 Attachment 1 to - - _Page 1 of9 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_copy of 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 [[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 varidus 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. I - (B) In the case of a Contract/IGSA modification, an exercise of an '0ption 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 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 (2) (ii) of this '_section need not be followed. 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) of the Fair Labor Standards Act of 1938, as amended. The wage rate and fringe benefits finally determined pursuant to paragraphs 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 through of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage_rate, Attachment 1 to DROIGSA-09-0014 . - . Page20f9 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 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 contradtor 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'sucoeeds 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.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 CFR part 4 that the wages and/0r 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 centained in a predecessor contractor's collective bargaining 'Attachment1t0DROIGSA409-0014 . - - Page3of-9 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 I 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 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(this contract, I The centractor 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_l925L 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 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 secial 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. 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. - - Attachment 1 to DROIGSA20940014 - . Page4of9 - 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 of this section. A copy of the report required by the clause in Paragraph (2) (ii) of this section _shall be deemed to be such a list. . (vi) Any list of the predecessor contractorfs employees which had been furnished to the contractor pursuant to Sec. 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. '(43 The contractor shall permit authorized representatives_of the Wage and Hour Division to conduct interviews with employees at_the worksite during normal working hours. 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 I 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 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. - - - The contractor agrees to insert these clauses in this section 'frelating to_the Service Contract Act of 1965 in all Subcontracts subject to the Act. The term contractor as used in these clauses in_any - Attachment 1 to Page 5 of9 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 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(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 or 5 U.S.C. 5332 and would, if so employed, be paid not.less than the following_rates'of wages and fringe benefits: Employee Class I wage-fringe benefit $13.83 (As of Dec 07) - $17.83 (As of Dec 07) Search current rates_at 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 Vagreements 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 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. 4.173.0f 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 Attachment 1 to . - Page 6 of 9 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, part 4. 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 8.8.0. 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(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) . (2) of the Service Contract Act 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, 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. Attachment .1 to -. . Page7of9 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 0.8. 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. 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 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; (2JThe 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. Disputes concerning'labor standards. DiSputes arising out of the labor standards provisions of this centract/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: I . - OMB control number Attachment l'to . I Page 8 of 9 . . . . . . . . .1215?0150 . . . . . .1215:0150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215?0017 (vi1215?0150 (11215?0150 . . . . . . . . ., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215-0017 Attachment 1 to . - . Page 9'0f9