Hall County Detention Center 622 Main Street Gainsville, Georgia 30501 Modi?cation No. 01 A-DLS-94-6057 This modi?cation number 01 to Intergovernmental Service Agreement A-DLS-94-6057 makes the following changes, effective 10/01/96: @emem number is hereby changed from A-DLS-94- 057 to ACB-7-I- 0020. B. The new Contracting Q??cer name and address are as follows: Contracting O?icer U. S. Immigration Naturalization Service 70 Kimball Avenue - South Burlington, Vermont 05403-6813 Telephone No. (802) 95(El)c C: The new Payment address on page 3 of the Agreement is as follows: U. S. Immigration Naturalization Service 70 Kimball Avenue South Burlington, Vermont 05403 -6813 Attn: Finance Telephone No. (302) 66% (5), For the INS: Contracting O?cer Immigration Naturalization Service 70 Kimball Avenue South Burlington, VT 05403-6813 Date: relight; JUNE 2015 03030000297 a?wvw Vlde kill?gunrv Dearni?in?n Cont- ?in' .- m?u . ~um~nh -. -1: .. .. Artn ?.J-st "341.? a. Jl JUNE 2015 mag 3?ng ?5 5,1. The: [at? f0 the arVQuum r. (23? Erav I ?9~60f7 rate 0116: days when . i hua5~ hay-.5. -u Ir; .J is 535.00 par manday. The under ?hi? I I-. bovurnm?ut mav not be b Detainee is seen by medical immediately after incident . .Facility subscribes to prescribed confrontation avoidance procedures Staff trained in use of force techniques Appropriate procedures in place for using 4 point restraints - Medical staff consulted prior to deploying OC Spray in calculated use of force situations All electronic stun devices inventoried and used by facility must be approved by ICE National Firearms and Tactical Training Unit camper: .m Written visitation schedule posted and accessible to the A. public Dedicated IGSA Template - I - Page 32 of 33 Generalvisitation log book maintained - . Visitor dress code enforced Facility complies with Visitation schedule Visitors are searched and identi?ed per standards D. Legal visitation available 7 days a week E. Current list of Pro Bono services posted in detainee housin - . .. Kalli-1 1m: 5: k3'n 6. .E.li ?ts-Lin! . "mi" I - I l. tg'ii?ga: ?h??Iihy lil?lig'. ?gi?'rif'i?lgnl pga {Iiilgn?llgg :r I i is? - .31 31-: -m in. I. . lug-n? intuit-it; is. as 1.1 Harts-i" A. voluntarsr work program Maintain a written chart with Work assignments/classi?cation level Facility complies with work hour and pay requirements for detainees - Detainees are medically screened to participate .mp0 in Detainees receive proper training and safety equipment Detainee housekeeping meets standards for neatness, cleanliness and sanitation :11 Dedicated IGSA Template I Page 33 of 33 . camaman - - 511mm: UNIT MANAGEMENT SERVICES PROGRAMS HEALTH SERVICES Warden Clerk Human Resources Assistant Assurance I STG Clerk Shift Of?cer Of?cer Entrance Of?cer Control Of?cer Recreation Of?cer Of?cer -T Of?cer ical Of?cer ehicla Detail Of?cer - InmkelRelease IntakeIRelease Of?cer Clerk Administrative Clerk Page1of3 loam swam mutual mu newsman 511m! Balls UNIT MANAGEMENT #1 Counselor Ill-145 Beds 4 two-man cells Control O??ioer Of?cer Of?cer - Phase II - 120-Beds 4 Control Of?cer Of?cer UNIT MANAGEMENT #2 bed dormitories Counselor Phase I - 246 Beds Control Of?cer WarehouselCommissgy Worker Maintenance Supervisor Maintenance Worker Food Service Manager Chaplain Contract Attorney Health Services Administrator Health Coordinator PIPA LPN Medical Records Clerk Page20f3_ Ht? martian Mammal: 511mm, Physician Dentist Dental Assistant chi lri . - - - . Post posi?ons irideded in the Camembnaf O?'fcefjob classi?cation. .s Positions hired on a contractual arfee basis fer services rendered. Please note that this Is an operational staf?ng pattern for mplience. This pa?em is subject to change once all facility renovations have been completed. Page-Sofa mm mm: cum Ealnasmwomla STAFF . I Page 1 0:2 511 IRE Bells . Emmi: anus . 511m: ms . I: 9:53.; nerd - a hous a; EICommissary Worker - - Maintenance Supervisor Maintenance Worker - Food Service Manager .r . . - Food Sewlce Supervasor I- II A 1' .. Post positions induded in the Conectionai O?'icerjab desmip?an. ?Positions hired under a contracarai or fee basis for gembes rendered W53 - . TITLE 29--LABOR PERT STANDARDS FOR FEDERAL SERVICE of Contents Subpart A Service Contract Labor Standards Provisions and Procedures Sec. 4.6 Labor standards clauses for Federal service contracts exceeding $2,500. The clauses set forth in the following paragraphs shall be included in full by the contracting agency in every 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 provisions of the Act and regulations of the Secretary of Labor issued there under (29 CFR part 4). Each service employee employed in the performance of this Contract/IGSA by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any page determination attached to this contract. i - If there is such a wage determination attached to this . Contract/IGSA, the contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the 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. (iiJSuch conforming procedure shall be initiated by the contractor prior to the performance of contract/183A work by such unlisted class of employee. A written-report of the proposed conforming action, including information regarding the agreement or disagreement of the_authorized representative of the employees involved .or, where there is no authorized repres?ntative, 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 reportdof the action, 'together with the agency?s recommendation and-all pertinent information including the position of the contractor and the employees, to the Wage: and Hour Division, Employment Standards Administration, U.S. Department Attachment 5 I 1 of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary. The final determination of the conformance action by the wage and Hour Division shall be transmitted to the Contracting officer who shall notify the contractor of the action taken.-Each affected 'employee shall be furnished by the contractor with a written c0py 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 various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems {Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifiCations based on the skill required and the duties performed. (B) In the case of a Contract/IGSA modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a Contract/IGSA under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such? conformed classification by indexing 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/ESSA 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 fellowed. - . (C) No employee engaged in performing work on this Contract/IGSA shall in any event be paid less than the currently applicable minimum wage specified under section 6(a) 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 commenbed Contract/IGSA work shall be a violation of the Act and this contract.{vi) Upon discovery of failure Attachment 5 - - 2 to comply with paragraphs through of this section, the wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced Contract/165A 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 contractor or any subcontractor of any other obligation under [[Page 42]] law or Contract/IGSA_for the payment of a higher wage to any employee. (2) If this ContractXIGSA succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same: services were furnished?in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this Contract/IGSA setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this shall pay any service employee performing any of the Contract/168A work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe_benefits and any prospective increases in wages and fringe.benefits provided for under such agreement. No contractor or subcontractor under this Contract[IGSA may be relieved of the foregoing obligation_unless the limitations of Sec. 4.1b(b) of 29 CFR part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Sec. 4.10 of 29 CFR part 4 that the wages and/or .fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in Sec. 4.11 of 29 CFR part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/168A was not entered into as a result of armIs-length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or AttachmentS ?v I ?3 administrative decision. 4.11 and parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor?s collective bargaining agreement are substantially at variance with those which prevail for services of a charaCter similar in the locality, andfor that'the collective bargaining agreement applicable to service employees employed under the predecessor was not entered into as a result of arm's~length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the Contract/IGSA or subcontract, in.accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award.of a Contract/IGSA or subcontract; 53 Comp. Gen. 401 11973). 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 fina The contractor and any subcontractor under this Contract/IGSA shall notify each service employee commencing work on this Contract/IGSA of the minimum monetary wage and any fringe-benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of - Labor {Publication WH 1313) shall be posted in a.prominent and accessible place at the worksite. Failure to-comply with this requirement is a violation of section 2(a) of the Act and of this contract. If) The contractor or subcontractor shall not permit any part of the services called for by this Contract/IGSA to - - be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the contractor or subCOntractor which are unsanitary or hazardous or dangerous to the health or safety of-service employees engaged to furnish these services, and the contractor or subcontractor-shall comply with the safety and health standards applied under 29 CFR part 1925. The contractor and each subcontractor performing work subject to the Act shall make and maintain fer 3 years from the completion of the work records containing the information specified in paragraphs tg)(l) 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 A- Division, Employment Standards Administration of the 0.8. Department of Labor: Name and address and social security number of each employee. (ii)The correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of_each employee. A - The number of daily and weekly hours so worked by each employee.9 f? (iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. I Attachments . 4 342 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 saction' shall be deemed'to be such a list. jvi) Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to - The contractor shall also make available a copy of thiS' Contract/IGSA for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of -failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment or advance of funds until such violation ceases. (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. The contractor shall'unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or ?Regulations, 29 CFR part 4), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular - pay period in which such wages were earned or accrued. A pay period under this Act may not be_of any duration longer than 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 not 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/163A work. In_ such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in 'default-with any.additional cost. Attachment 5 5 The contractor agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all Subcontracts subject to the Act. The term contractor as used in these clauses in any subcontract shall be deemed to refer to the subcontractor, except in the term Government prime contractor. As used in these clauses, the term service employee means any person engaged in the performance of this Contract/IGSA other than any person employed in a bona fide executive, administrative, or professional capacity, .. as those terms are defined in.part 541 of title 29, Code of Federal Regulations, as of July [[Page44)) 30, 1976, and any subsequent revision of those regulations. The term service employee includes all' such persons regardless of any contractual relationship that may be alleged to exist between a-contractor or subcontractor and such persons. (2) The following statement is included in contracts pursuant to section 2(a) of the Act and is for informational purposes only: The following classes of service employees expected to be employed under the Contract/IGSA with the Government would be subject, if' employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits: . Mbnetary Employee class wage? fringe benefit I - $18.66 GS-09 $22.83 (11(1) If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the Contract/IGSA are provided for in a collective bargaining agreement which is or will be effective during any period in - which the Contract/IGSA is being performed, the Government prime . - contractor shall report such fact to the contracting officer, together with.full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made-upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of Contract/IGSA performance, such agreements shall be reported 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 Attachment 5 6 vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor?(3ec. 4.l?3 of Regulations, 29 CFR part the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of Contract/IGSA performance. Such list shall also contain anniversary dates of employment on the Contract/IGSA either with the current or predecessor contractors of each such service employee. The contracting officer shall turn over such list to the successor contractor at the commencement of the succeeding contract. Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in'Regulations, 29 CFR part 4. By entering into this contract, the contractor (and officials thereof) certifies that neither it {nor he or shei 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 aiGovernment Contract/IGSA pursuant to section 5 of the Act. (3) The penalty.for making false statements.is prescribed in the 0.3. Criminal Code, 18 U.S.C. 1001. a 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 conduot of Government business: (1)Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a) (1) or([Page 451] of the Service Contract Act without diminishing any fringe 'benefits or cash-payments in lieu thereof 'required under section 2(a) (2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525}. - . (3) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, studentulearners, 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, Attachment 5 I 7 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. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually.registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the regiStered program, espressed 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 redeived 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; '(2)The employees must be allowed to retain all tips (individually or .through a pooling arrangement and regardless of -whether the employer elects.to take a credit for tips receiVed); (3) The employer must be able to show by records that the employee -receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement ?applicable by virtue of section 4(a) of the Act. (r3 Disputes concerning labor standards. Disputes arising out of the. labor standards provisions of this Contract/IGSA rshall not be subject to the general disputes clause of this contract. vSuch disputes shall be resolved in accordance with the procedures of Attachment 5 8 I Fi? the Department of Labor set forth in parts 4, 6, and 8. Disputes I '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 or their representatives.(The information collection, recordkeeping, and reporting requirements contained in this section have been_approved by the Office of Management and Budget under the following numbers: [[Page 46]] - Paragraph number (bT(1215- 0150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215- 0150 . . . . . . . . . . . . 1215* 0017 . - - . . . . . ., . . . . . . . . .1215? 0150 . . (1215? 0150 - . . . . . . . . . . . . . . . . . 1215- 0017 49762, Oct. 27, 1983; 43 FR 50529, Nov. 2, 1933, as amended at- 61 - . - FR 68663, Dec. 30, 1996] I 9 DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION -WASHINGTON, DC. 20210 REGISTER OF WA GE DETERWATIONS UNDER THE SERVICE CONTRACT ACT By direction of the Secretary of Labor . Wage Determination No.: 2008-0363 Shirley F. Ebbesen . . Division of Wage - - Direotor Detenninations ReViSion No': I Date of Last Revision: 10/22/2008 State: Georgia Area: Georgia County of Hall 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 Hall County Jail in Hall County, - - The wage rates and ?finge' 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, 2003. UNIFORM ALLOWANCE i If employees are required to wear uniforms in the performance of this contract (either by the tenns of the Government contract, by the employer, by the state or local law, cost of furnishing such unifonn?s and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be home by an employee where such cost reduces the hourly rate I - below that requmd by the wage detemma?on' The Deliment of Labor will accept payment in accordance with the following standards as compliance: -- The contractor or subconnactor is required to furnish all employees with an adequate number ofunifonns 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 theem'ployee, all contractors and subcontractors subject to this Wage determination shall (in the absence of a bone ?de collective bargaining agreement providing for a different amount, or the ?lmishing of contrary af?rmative preof as to the actual cost), reimbin?Se 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 furnished 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 standards set by the terms of the Gavernment [contract by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. - (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.2012FOIA3030001349 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 2 2 NAME OF OFFEROR OR CONTRACTOR HALL COUNTY OF ITEM no. SUPPLIESISERVICES AMOUNT (A) (B) (F) expenses, insurances and profit. Cost for meals and lodging that are in accordance with GSA related expenses, if incurred are not included. Transportation costs shall be provided as-a separate item on the submitted invoices. - usmsqonmsuoa? omnomromaasme) . FAR (4E AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT 1' CONTRACT '0 CODE PAGE OF PAGES . 1 - 1 2. AME NDMENTIMODIFICATION NO. 3. EFFECTIVE DATE 4. NO. 5. PROJECT NO. (Ifappricabre) P00002 '10/26/2009 - 6. ISSUED BY CODE ICE 7. ADMINISTERED BY (Ifotherthen Item 6) CODE IICE DC ICE/Detent Mngt/Detent Contracts~DC ICE/Detent Mngt/Detent Contracts?DC Immigration and Customs Enforcement Immigration and Customs Enforcement Office of Acquisition Management Office of Acquisition Management 801 I Street NW, Suite 930 801 I Street NW, suite930 Washington DC 20536 - Attn: <> Washington DC 20536 3. NAMEAND ADDRESS OF CONTRACTOR (No. street county, State and ZIP Code) 9A. AMENDMENT OF SOLICITATION No. HALL COUNTY OF 90 DRAWER 1 4 35 SB. DATED ITEM 11) GAINESVILLE GA 305031435 10A. MODIFICATION OF CONTRACTIORDER NO. r- DROIGSA-09-0006A 103. DATED (SEE ITEM 13) CODE 0781246170000 08/03/2009 11. THIS ITEM ONLY APPLIES To AMENDMENTS OF SOLICITATIONS [3The 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 reCeipI 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 0 and 15, and returning copies of the amendment; By acknowledging receipt of this amendment on each copy of the offer submitted; or By separate teller or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to Change an offer already submitted. such change may be made by telegram or tetter. provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the Opening hour and date speci?ed. 12. ACCOUNTING AND APPROPRIATION DATA (If required} See Schedule 13. THIS ITEM ONLY APPLIES TO MODIFICATION OF CONTRACTSIORDERS. IT MODIFIES THE CONTRACTIORDER NO. AS DESCRIBED IN ITEM 14. CHECKWONE A. THIS CHANGE ORDER-IS ISSUED PURSUANT TO: (Speci?/ authority) THE CHANGES SET FORTH IN ITEM-14 ARE MADE IN THE CONTRACT - ORDERNOJNHEMIOA . B. THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES {such as changesin paying office, appropriation date, etc.) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR . C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT-TO AUTHORITY OF: O. OTHER {Specify type of modi?cation and authority) E. IMPORTANT: Contractor is not. is required to sign this document and return copies to the issuing office. 14. DESCRIPTION OF AMENDMENTIMODIFICATION (Organized by UCF section headings, incIuding sOIicitation/oontract subject matter where feasibie.) DUNS Number: 078124617 COTR: Garfield Hunter: 404/893?1220 'The purpose of_this modification is to appoint(bX?an7X? as the Contracting Officer's Technical Representative (COTRI for the North Georgia Detention Center, Inter?Governmental Service Agreement (IGSA) Period of Performance: 03/05/2009 to 03/04/2014 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 OFFICER Type or print) 153. CONTRACTORIOFFEROR- 150. DATE 16C. DATE SIGNED - {Signel?m'e ofperscn authorizedto sign} - NSN 7540-01-152-8070 I RD FORM 30 (REV. 10-83} -. . Previous edition unusable . by GSA - . CFR) 53.243 I 351 (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) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001352 .- . EAR GER) 58.110 lIREFERENCE no. same acumen PAGE or 2_ I [a mauso?s?nononwummn I HALL com or. much SUPPUEBISERVIGES atmer unrr umme mourn - (All oth?x: terms and cogditio?na remain the same. Period of Performanca: 03/05/2009 to' gym/2014. . ma?a-1mm ?wgugmm - .- . NTHE or Hemm) SECURITY WGMIIONANDCUSIWS . rower; guvemmenial 86mm 6.11101111.15? (?swarm 1162?) far the dcten?oal'and Care ofa?enSf?de tem'li" j. ?Ta?ies? media Agr?ehlent to refer jointly to ICE and the Service ProviderI??ntNam6=' . .595 iM?f?wR; Wie?i'If - a . Article?I. Purpose .A. Prgpo'se; The purpose of this Intergovernrr?rental Service Agreement (IGSA) is to establish an Agreement between ICE and the Service Provider for the detention and care of persons detained under the authority of Immigration and Nationality Act, as amended. All persons in the custody of the ICE are ?Administrative Detainees?. This tam recognizes that ICE detainees are not charged with criminal violations and are only held in custody to assure their presence throughout the administrative hearing procoss and to assure their presence for removal hour the United States pursuant to a lawful ?nal order by the Immigration Court, the Board of Immigration Appeals or other Federal judicial b'ody. 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 rate agreement, not a cost reimbursable agreement, with respect to the detainee day rate. The detainee daily rate is $79.00. ICE shall be responsible for reviewing and approving the costs associated with this Agreement and subseciuent modi?cations utilizing all applicable federal procurement laws, regulations and standards in arriving at the detainee day rate. - Article II. General A. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present detainees to the Service Provider nor direct performance of any other serviCes until ICE has the appropriate funding. Orders will be placed under this Agreement when speci?c requirements have been identi?ed and ?nding obtained. Performance under this Agreement is not authorized until the Contracting Of?cer issues an order, in uniting. The effective date of the Agreement will be negotiated and speci?ed in an order to this Agreement by the Contracting Of?cer. This Agreement is neither binding nor effective unless signed by the Contracting Of?cer. Payments at the approved rate will be paid upon the return of the signed Agreement by the authorized LocalGovernment of?cial 'to ICE. B. Subcontractors: The Service Provider shall notify and obtain approval ?om the Contracting Of?cer if it intends to house detainees in a facility other than the' Facility named in this Agreement. Ifeither that facility or any future facility is Operated by an entity other than the Service Provider, ICE shall treat the entity as a subcontractor to the Service Provider. The Service Provider shall obtain the Contracting Of?cer?s approval before subcontracting the detention and care of detainees to another entity. The Contracting Of?cerhas the right to deny, withhold, or withdraw approval of the preposed subcontractor. Upon approval by the Contracting Of?cer, the Service Provider shall ensure that any subcontract includes all provisions of this Agreement, and shall provide ICE with copies of all subcontracts. All payments will be made to the Service Provider. ICE will not accept invoices from, or make payments to a subcontractor. C. Consistent with Law: This is a firm ?xed rate agreement, not cost reimbursable agreement. This Agreement is permitted under applicable statutes, regulation, policies or I Page 2 of 20 k? I. 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 D. Use of Service Provider?s Policies and Procedures: The Contracting O?iCer shall approve Service Provider?s policies and procedures for use under this Agreement Upon approval, the Service Provider can use its policies and procedures in conjunction with the detention standards mandated under this Agreement. E. Noti?cation and Public Disclosure: hid-public disclosures press releases, press conferences) regarding this IGSA shall be made by the Service Provider or any of its contractors or subcontractors without the review and approval of such disclosure by ICE Public A?'airs and espress permission granted by the ICE Contracting Of?cer. Article Covered Services Below are the general requirements under this Agreement. Speci?c requirements for the services under this Agreement are stated in the attached Statement of Work. See Attachment 1. A. Bedspace: The Service Provider shall provide male/female beds on a space available basis. The Service Provider shall house all? detainees as determined within the Service Provider?s classi?cation system. B. Basic Needs: The Service Provider shall provide detainees with safekeeping, housing, subsistence, medical and other services in accordance withthis Agreement. In providing these services, the Service Provider shall ensure compliance with all applicable laws, regulations, ?re and safety codes, policies and procedures. It'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 Contracting Oi?cer?s Technical Representative (COTR). C. Interpretive Services: The Service Provider shall make special provisions for non- - English speaking, handicapped or illiterate detainees. ICE will reimburse the Service. Provider for the actual costs associated with providing commercial written or telephone languageiuterpretive services. Upon request, ICE will assist the Service Provider in obtaining translation services. .The Service Provider shall provide all instructions verbally either in English or the detainees? language, as appr0priate, 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 24 hours of the translation service.- . D. Escort and Transuorta'tion Services: The Service Provider will provide, upon request and as scheduled by the Contracting Of?cer?s Technical Representative Contracting O?icer (CO), necessary escort and transportation services for detainees to and ?rom designated locations. Escort services will be required for escorting detainees to court hearings; escorting witnesses to the courtroom and any escort services as requested by an ICE judge during proceedings. Escort and transportation services shall also include Page 3 of 20 providing all such air and/or ground transportation Services as may be required to transport detainees securely and in a timely manner. Transportation and/or escort services may be required to transport detainees ?rom the Facility to and ?ora a medical facility for outpatient care. During all transportation activities, at least one (1) transportation of?cer shall be of the same sex as the detainees being transported. The Service Provider shall use a system that has direCt and immediate contact with all transportation vehicles. Transportation and escort services shall be provided in the most economical and ef?cient manner. The Service Provider persc'mnel provided for these. services shall be of the sanie quali?cations, receive training, complete the seine security clearances, and wear the same uniforms as those personnel provided for . in other areas of this Agreement. The Statement of Work shall provide speci?c escort and transportation services unique for this Agreement. . . Guard Services: The Service Provider agrees to provide stationary guard services on demand by the COTR or Contracting Of?cer and shall include, but is not limited to, escorting and guarding detainees to medical or doctor?s appointments, hearings, ICE interviews, and any other location requested by the COTR. Quali?ed personnel employed by the Service Provider will perform such services. The Service Provider agrees to augment such practices as may be requested by ICE to enhance speci?c requirements for security, detainee monitoring, visitation,'and contraband control. Public contact is prohibited unless authorized in advance by the COTR or Contracting Of?cer.- The Service Provider shall be authorized to provide at least o?icers for each I remote post, as directed by the COTR or Contracting Of?cer. . Medical Services: The Statement of Work shall provide speci?c medical service requirements unique to this Agreement. Regardless of the unique requirements for this contract, the Service Provider shall provide the following services regarding medical care of detainees: - 1) The Service Provider shall provide for medical screening of every detainee upon arrival at the Facility performed by health care personnel or health trained personnel. 2) Medical coverage at the Facility shall be no less than twenty?four (24) hours per day, seven (7) days per week. . 3) The Service Provider shall provide the detainees written instructions for gaining - access to'health care services. Procedures shall be explained to all detainees in the detainees' native language, and orally to detainees? who are unable to read. The detainee shall similarly be provided insu'uctions and assistance in personal hygiene, dental hygiene, grooming and health care. It shall be made routinely . available. 4) The Service Provider shall provide to all detainees a written policy and de?ned procedure to require that detainee's written health complaints are solicited and delivered to the medical facility for appropriate follow?up. Written policy and de?ned procedure shall require that health care complaints are responded to and that sick call, conducted by health care personnel or health trained personnel is available to detainees daily. ?If a detainee's custody status precludes attendance at sick call, arrangements shall be? made to provide sick call services in the place of the detainee?s detention. A minimum of one sick call shall be conducted daily. Page 4 of 20 USPHS reserves the right to conduct triage and sick call in the place of the detainee's detention. - 5) The Service Provider shall provide and maintain basic ?rst aid kits throughout the Facility; First aid kits shall be available at all times to allow quick access. 6) The Service Provider shall provide security with a minimum of a staff of one at all times. When detainees are housed inthe in?rmary, a security guard shall be posted to the unit 24 hours a day, seven days a week. The Service Provider shall coordinate and escort detainees to the medical clinic for sick call, appointments and pill line. A 7) When communicable or debilitating physical problems are susPected, the detainee shall be separated from the detainee population, and notify USPHS staii?. Behavioral problems (detainee who is not diagnosed as and suicide observation will be the responsibility of the Service Provider. - Article IV. Receiving and Discharging Detainees. A. R_eguired Activig: The Service Provider shall receive and discharge detainees only to and from properly identi?ed ICE personnel or other preperly identi?ed Federal law enforcement o?icials' with prior authorization from Presentation of US. Government identi?cation shall constitute ?proper identi?cation.? The Service Provider shall ?nnish receiving and discharging services twenty-four (24) hours per day, seven (7) days per week. ICE shall furnish the Service Provider with reasonable notice 0 - receiving and discharging detainees. The Service Provider shall ensure positive identi?cation and recording of detainees and ICE o?cers. The Service Provider shall not permit medical or emergency discharges except through coordination with on-duty. ICE of?cers. B. Restricted Release of Detainees: The Service Provider shall not release 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 re3ponse to a federal writ of habeas corpus. If a 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 COTR immediately regarding any such requests. C. 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 removal of the detainee ?om the Facility. The Service Provider shall allow ICE reasonable time to make alternative arrangements for the detainee. Emergency Evacuation: In the event of an emergency requiring evacuation of the - Facility, the Service Provider shall evacuate 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 Contracting Of?cer and COTR two (2) hours of evacuation. - . Page 5 of 20 Article V. ICE National Detention Standards A. The Service Provider is required to house detainee and perform related detention services in accordance with the most current edition of the ICE National Detention Standards . found within the ICE Detention Operations Manual. This manual can be found at ICE Inspectors will conduct periodic inepections of the facility to assure compliance with the ICE National Detention Standards. B. The Service Provider shall certify to the Contracting Officer and COTR that its personnel have completed all training as required by the ICE Detention Operations Manual, the Service Provider?s own manual (if it is approved for use by the Contracting O?cer), and any additional training as required in any manuals or detention standards referenced in this Agreement. . Article VI. 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 A for maintaining persOnal living areas, detainees shall not he required to perform manual labor. Article VII. Period of Performance This Agreement shall become effective upon the date of ?nal signature by the ICE Contracting Of?cer and the authorized signatory of the Service Provider and will remain in e??ect for a period not to exceed sixty (60) months or extended by bi?lateral modi?cation or terminated in by either party. Either party must provide written notice of intentions to terminate the agreement, 60 days. in advance of the effective date of formal termination, or the Parties may agree to a shorter period under the procedures prescribed in Article X. I Article Inspections The Facility and Previder?s services shall be inspected in accordance with the following procedures: A. De?nitihns. "Services," as used in this clause, includes services performed, B. worlonanship, and material fumished or utilized in the performance of services. The Provider shall provide and maintain an inspection system acceptable to the Government covering the services under'this agreement. Complete records of all inspection work performed by the Provider shall be maintained and made available to the Government during contract performance and for as long a?erv?vards as the agreement requires. Page 6 of 20 The Government has the right to inspect and test all services called for by the agreement, to the extent practicable at all times and places during the term of the agreement The Government shall perform inspections and tests in a manner that will not unduly delay the work. . Ifthe Government performs hispemons or tests on the premises of the Provider or a subcontractor, the Provider shall furnish, and shall require subcontractors to furnish, at no increase in agreement price, all reasonable facilities and assistance for the safe and .. convenient performance of these duties. If any of the services do not conform to agreement requirements, the Government may require the Provider to perform the services again in conformity with agreement requirements, at no increase in agreement amount. When the defects in services cannot be corrected by re?performance, the Governinent may 1) require the Provider to take necessary action to ensure that future performance conforms to agreement requirements and (2) reduce the agreement price to re?ect the reduced value of the services perfortned; If the Provider fails to perform the services again or to take the necessary action to ensure '?rture performance in conformity with agreement requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Provider any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the agreement for default. Article IX. Inspection Reports A. Inapection Report: The Inspection Report stipulates minimum requirements for ?refsafety code compliance, supervision, segregation, sleeping utensils, meals, medical care, I . 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 InSpection Report. ICE will share ?ndings of the inspection with the Service Provider?s facility administrator. The Inspection Report state any improvements to facility operation, - conditions of con?nement, and level of service that will be required by the Service Provider. . Possible Termination: If the Service Provider fails to remedy de?cient service ICE identi?es through inspection, ICE may terminate this Agreement without regard to the provisions of Articles VII and X. . Share Findings: The Service Provider shall provide ICE copies of facility inspections, reviews, examinations, and surveys performed by accreditationmurces. 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, Page 7 of 20 and behavioral assessments and other records relating to the detainee?s behavior while in the Service Provider? 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. E. Detainee Privacy: The Provider agrees to Comply with the Privacy Actof 197 4 (the Act) and the agency rules and regulations issued under the Act in the design, development, or . operation of any system of records on individuals to accomplish an agency function when the agreement speci?cally identi?es; The systems of records; and (ii) The deatg'n, development, or operation work that the Provider is to perform. The Provider. shall also include the Privacy Act into any and all subcontracts when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; In the event of idola?ons of the Act, civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency ?iuction, and criminal penalties may bejmposed upon the of?cers or employees of the agency when the violation concerns the operation of a system of records-on individuals to accomplish an agency inaction. For. purposes of the Act, When the agreement is for the Operation of a system of records on individuals to accomplish an agency ?motion,_the fibre"), is considered to be all employee of the agency. - 1. ?Operation of a system of records,? as used in this clause, means perfonnance of any of the activities asSo ciated with maintaining the system of records, including the collection, use, and dissemination of records.? . 2. ?Record,? as ,used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, ?nancial transactions, medical history, and criminal or employment history and that contains the person?s name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a ?ngerprint or voiceprint or a photo grep - . 3. ?System of records on individuals,? as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individ 3? - Article Modi?cations and Disputes. - 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?cationto 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 I - authorized signatory of the Service Provider have approved the modi?cation in writing. (B. Diaputes: The ICE Contracting Of?cer and the authorized signatory of the Service - Provider will settle disputes, questions and concerns arising horn this Agreement. . Settlementof disputes shall be memorialilzed in a written modi?cation betWeen the ICE Contracting'Of?cer and authorized signatory of the Service Previder. In the event a . Page 8 of 20 .II . 2.3175,.- . dispute is not able to be resolved between the Service Provider and the ICE Contracting Of?cer, the ICE Contracting Of?cer will make the ?nal decision. Ifthe Service Provider does not agree with the ?nal decision, the matter may be appealed to the ICE Head ?of the Contracting Activity (PICA) 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 XI. DAY RATE and ADJUSTMENT to the DAY RATE A Detainee Day Rate: In consideration for the Service Provider?s performance under this Agreement, ICE shall make payment to the Service Provider for each detainee accepted and housed by the Service Provider. This ?detainee day rate? is a per diem rate for the support of one Detainee per day and shall include the day of arrival but not the day of departure. The detainee day rate is $79.00. C. The Service Provider, by execution of this Agreement, certi?es that the pricing established under this agreement is in compliance with OMB Circular A87 and includes only allowable costs of performance under this agreement. D. Basis for Price Adiustrnent: A ?rm ?xed price with economic adjustment provides for upward and downward revision of the stated Per Diem based upon cost indexes of labor and operating expenses, or based upon the Service Provider?s actual cost experience in providing the service. - E. ICE shall reimburse the Service Provider at the ?xed detainee day rate shown on the cover page of the document, Article I. (C). The Parties may adjust the rate twelve (12) months after the effective date of the agreement and no sooner then every twelve (12) months. The Parties shall base the cost portion of the rate adjustment on the principles of allowability and allocability as set forth in OMB Circular federal procurement laws, regulations, and standards in arriving at the detainee day rate. The request for adjustment shall he 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 detainee day rate as stated in this Agreement will control. P. 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). Guard and transportation services shallbe denoted as separate items on submitted invoices. ICE agrees to reimburse the Service Provider for actual stationary guard services provided at a negotiated rate of Any incurred overtime pay for such services will be reimbursed at the applicable overtime rate of per hour. . Transportation mileage shall be reimbursed at the mileage rate established pursuant to the General Services Administration (GSA)/federa1 travel allowance rate in effect at Page 9 of 20 . the time of Award. The mileage rate far this agreement is Mileage shall-be denoted as a separate item on submitted invoices. Article XII. Enrollment, Invoicing, an.d_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 orm.. 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 Service Provider shall be resPonsibIe for providing updated information to the ICE payment of?ce. a. Invoicing The Service Provider shall submit an original itemized invoice within the ?rst ten (10) working days of the month following the calendar month when it provided the services via one of the following three methods: - a. By mail: DHS, ICE . Burlington Finance Center P.0.'Boii 1620 . . Williston, VT 05495?1620 Attn: (example) Invoice b. By facsimile (fax): (include a cotter sheet with point of contact it of pages) 802-288-7653 - - r? ?or . 6 layoices 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 on or after June'2, 2008 to ensure prompt payment provisions are met. The ICE program of?ce shall also be notated on every invoice. A Each invoice submitted shall contain the following information: I 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; d. Terms of any discount for prompt payment offered; Page 10 of 20 Name, title, and phone number of person to notify in event of defective invoice; 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 ys; i the daily rate; - the total residentialfdetainee days multiplied by the daily rate; the name of each ICE residentfdetainee; . resident? s/detainee?s A-number; 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. we a a Items a. through i. above must be on the cover page of the invoice. Invoices without the above information may be returned for resubmissien. . C. Pament: ICE will transfer ?mds 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 (3 calendar day after the ICE Deportation of?ce receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of ?mds, 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 I accordance with the Prompt Payment Act. Article Government Furnished Property A. Federal Pronertv Furnished to the Service Provider: ICE may ?nnish Federal Government preperty and equipment to the Service Provider. Accountable property remains titled to ICE and shall be returned to the custody of ICE upon termination of the Agreement. The suspension of use of bed space made available to ICE is agreed to be grounds for the recall and return of any or all government ?nnished property. Bi Service Provider Responsibility: The Service Provider shall not remove ICE property from the facility without the prior written approval of ICE. The Service Provider shall report any loss or destruction of any Federal Government property immediately to ICE. Article XIV. Hold Harmless and Indemni?cation 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 from negligent acts or omissions of ICE of?cers or employees, to the extent that ICE - Page 11 onO I would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 23 USC 2691 et seq. - - . B. Federal Government Held Harmless: The Service Provider shall save and hold harmless I and indemnify federal government agencies to the extent allowed by law against any and all liability clairrm, 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 Agreement, resulting from the negligent acts or omissions of the Service Provider, or any employee, or agent of the Service Provider. In so agreeing, the Service Provider does not waive any defenses, immunities or limits of liability available to it under state or federal law. The Service Provider agrees to hold harmless and indemni?r DHSIICE and its of?cials in their of?cial and individual capacities ?'orn any liability, including thirduparty liability or worker?s compensation, arising from the conduct of the Servi?e Provider and its employees during the course of transporting detainees on behalf of ICE. C. Defense of Suit: In the event a detainee ?les suit against the Service Provider contesting the legality of the detainee?s incarceration and/or immigrationfcitizenship status, ICE shall request that the US. Attorneys O?ce, as appropriate, move either to have the Service Provider dismissed ?'om such suit, to have ICE substituted as the proper party defendant; or to have the case removed to a court of preper 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 ICE's right to recover against third parties for any loss, destruction of, or damage to US. Government property. Upon request of the Contracting O?icer,? the Service Provider shall, at expense, furnish to ICE all reasonable assistance and couperatiOn, including assistance in the prosecution of suit and execution of the instruments of assignment in favor of ICE in obtaining recovery. - - - Article XV. IGSA/Financial Records A. Retention of Records: All IGSA and ?nancial records including, but not limited to, Supporting documents, statistical records, and other records, pertinent contracts, or subordinate agreements under this Agreement shall be retained bythe Service Provider for three (3) years after the expiration of the Agreement for purposes of federal examinations and audit. 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, orany 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. I Page 12 of 20 ICE C. Delinquent Debt Collection: ICE will hold the Service Provider accountable for any overpayment, or any breach of this Agreement that regults in a debt owed to the Federal Government. ICE shall apply interest, penalties, and administrative costs to a delinquent debt ovved to the Federal Government by the Service Provider pursuant to the Debt Collection hnprovement Act of 1982, as amended. Article XVI. Detainee Telephone Services (DTS) . A. The PROVIDER shall provide detainees with reasonable and equitable access to telephones as speci?ed in ICE National Detention Standards on Telephone Access. Telephones shall be located in an area that provides-for a reasonable degree of privacy and a minimal amount of environmental noise during phone calls. B. lfauthorized to do so under applicable lavv, the PROVIDER shall monitor and record detainee conversations. Ifdetainee telephone conversations can be monitored under applicable law, the PROVIDER shall provide notice to detainees of the potential for monitoring. However, the PROVIDER shall also provide procedures at the facility for detainees to be able to place unmonitored telephone calls to their attorneys. C. Telephone rates shall not eaceed the dominant carrier rate and shall conform to all applicable federal, state, and local telephone regulations. D. The ICE designated DTS Contractor will be the exclusive provider of detainee telephones for this ?cility. The DTS Contractor shall be allowed to install vending debit machines and shall receive 100 percent of all revenues collected by sale of prepaid debit services. The DTS Contractor shall be reSponsible for fumishing all inventory and supply of prepaid debit cards to the PROVIDER The DTS Contractor shall be responsible for the costs incurred for installation of the equipment, any telephone charges incurred from the operation of DTS, and the maintenance and operation of the system. The PROVIDER will not be entitled to any commissions, fees, or revenues generated the detainee telephones. - The PROVIDER shall inspect telephones for serviceability, in accordance with ICE policies and procedures. The PROVIDER will notin the COTR or ICE designees of any irreparable telephones. - Article XVII. Maintain Institutional Emergency Readiness A. The Service Provider shall submit an institutional emergency plan that will be Operational prior to start of the Agreement The plan shall receive the concurrence of the Contracting Of?cer prior to implementation and shall not be modi?ed without the further written concurrence of the Contracting Of?cer. . B. The Service Provider shall have written agreements with appropriate state and local - authorities that will allow the Service Provider to make requests for assistance in the event of any emergency incident that would adversely a??eet the Page 13 of 20 C. Likewise, the Service Provider shall have in place, an internal corporate nation-?dds staff contingency plan consisting of employees who possess the same expertise and skills required of staff workingdirectly on this agreement. At the discretion of ICE, these employees would be required to respond to an institutional emergency at the Facility, when necessary. . D. The emergency plans shall include provisions for two or more disturbance control teams. Protective clothing and equipment for each team member and 30 percent ?of all additional facility sta?' members shall be provided by the Service Provider, and maintained in a secure location outside the secure perimeter of the facility. B. Any decision by ICE or other federal agencies to provide and/or direct emergency assistance will be at the discretion of the Government. The Service Provider shall reimburse the Government for any and all expenses incurred in providing such assistance. F. The Contracting Officer and COTR shall be noti?ed immediately in the event of all serious incidents. Serious incidents include, but are not limited to the following: activation of disturbance Control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work-place violence, civil . disturbances/protests); staff use of force including use of lethal'and less?lethal force (includes inmates in restraints more than-eight hours); assaults on sta??finmates resulting in injuries requiring medical attention (does not include routine medical evaluation after the incident); ?ghts resulting in injuries requiring medical attention; ?res; full or partial lock down of the facility; escape; weapons discharge; suicide attempts; deaths; declared or non?declared hunger strikes; adverse incidents that attract unusual interest or signi?cant publicity; adverse weather hurricanes, ?oods, ice/snow storms, heat waves,? tornadoes); fence damage; power outages; bomb threats; central inmate monitoring cases admitted to a community heapital; witness security cases taken outside the facility; signi?cant environmental problems that unpact the facility Operations; tran3portation accidents airlift, bus)__resu_lting in injuries, death or property damage; and sexual assaults. G. Attempts to apprehend the escapee(s) shall be in accordance the Emergency Plan, which should comply with ICE Detention OperationsManual regarding Emergency Plans. H. The Service Provider shall submit to the a proposed inventory .of intervention equipment (weapons, munitions, chemiCal agents, electronics/stun technology, etc.) intended for use during performance of this Agreement. Prior to the start of this Agreement, the Contracting Of?cer shall approve the intervention equipment. The approved intervention equipment inventory shall not be modi?ed without prior written concurrence of the Contracting Of?cer. The Service Provider shall obtain the appropriate authority from state or local law enforcement agencies to use force as necessary to maintain the security of the institution. The use of force by the Provider shall at all times be consistent with all applicable policies of ICE Detention Operations Manual regarding Use of Force. . Page 14 Orzo . Security Requirements GENERAL The Department of Homeland Security (DHS) has determined that performance of the tasks as described in the Inter-Governmental Service Agreement (IGSA) requires that the Government entity and its, 'subcontractor(s), vendor(s), etc. (herein known as Provider) have access to sensitive DHS ilifonnation, and that the Provider will adhere to the . following. B. SUITABILITY DETERMINATION DHS she'll have and? exercise ?ill control over granting, denying, withholding or terminating unescorted goverrnnent facility and/or sensitive Government information access for Provider employees, based upon the results of a background investigation. DHS may, as it deems appropriate, authorize and make a favorable Entry On Duty (BOD) decision based on preliminary security checks. The favorable EOD decision would allow the employees to commence work temporarily prior to the completion of the full investigation. The granting I of a favorable BOD decision shall not be Considered as assurance that a hill employment suitability authorization will follow as a result thereof. The granting of a favorable BOD decision or a full employment suitability determination shall in no way prevent, preclude, or bar the 'withdrawal or termination of any such access by DHS, at any time during the term of the agreement. No employee of the Provider shall be allowed to EOD and/or access sensitive infermation or systems without a favorable EOD decision or suitability determination by the Of?ce of Professional Responsibility, Personnel Security Unit (OPR-PSU). No employee of the Provider shall be allowed unescorted access to a Government facility without a favorable EOD decision or suitability detenninaticin by the Provider employees assigned to . the agreement not needing access to sensitive DHS information or recurring access to DHS facilities will not be subject to Security suitability screening. 0. BACKGROUND mvneroArrONs Provider employees (to include applicants, temporaries, part-time and replacement employees) under the agreement, needing access to sensitive information, shall undergo a position sensitivity analysis based on the duties each individual will perform on the agreement. The results of the position sensitivity analysis shall identin the appropriate background investigation to be conducted. Background investigations will be processed through the Personnel Security Unit. Prospective Provider employees with adequate security clearances issued by the Defense Industrial Security Clearance Of?ce (DISCO) may not be required to submit complete security packages, as the clearance issued by DISCO may be accepted. Prospective Provider employees without adequate security clearances issued by . DISCO shall submit the following completed forms to the Personnel Security Unit through the COTR, no less than 5 days before the starting date of the agreement or 5 days prior to the expected entry on duty of any employees, whether a replacement, addition, subcontractor employee, or vendor: - Page 15 of20 1; Standard Form 35?, ?Questionnaire for Public Trust Positions.? Form will be submitted via (electronic Questionnaires for Investigation Processing) (2 copies) . . 2. FD Form 258, f?Fingerprint Card? (2 copies) 3. Foreign National Relatives or Associates Statement 4. .DHS 11000-9, ?Disclosure and Authorization Pertaining to Consumer Reports Pursuant to the Fair Credit Reporting Ac 5. Optional Form 306 Declaration for Federal Employment (applies to Providers as well) 6. Authorization for Release of Medical Information Required forms will be provided by DHS at the time of award of the agreement. Only complete packages will be accepted by the Speci?c instructions on submissionof packages will be provided upon award of the agreement. Be advised that unles'svan applicant requiring access to sensitive information has resided in the US for three of the past ?ve years, the Government may not be able to complete a satisfactory background investigation. In such cases; DHS retains the right to deem an . applicant as ineligible due to insuf?cient background information. The use of citizens, including Lawful Permanent Residents (LPRs), ?is not permitted in the performance of this agreement for any position that involves access to, development of, or maintenance to any DHS IT system. D. CONTINUED ELIGIBILITY If a prospective employee is found to be ineligible for access to Government facilities'or information, the COTR will advise the Provider that the employee shall not continue to work or to be assigned to work under the agreement. The OPR-PSU may require drug screening for probable came at any ?rms and! or wheat-he Provider independently identi?es, circurnstances Where probable cause exists. The OPR-PSU may require reinvostigations when derogatory information is received andfor every 5 years. - DHS reserves the right and prerogative to deny and! or restrict the facility and information access of any Provider employee whose actions are in con?ict with the standards of conduct, 5 CFR 2635 and 5 CFR 3801, or whom DHS determines to present a risk of compromising sensitive Government information to which he or she would have access under this agreement. The Provider will report any advorse information coming to their attention concerning Provider employees under the agreement to the OPR-PSU through the COTR. Reports based Page 16 of 20 ICF 369 on rumor or innuendo should not he made. The subsequent termination of employment of an employee does not obviate the requirement to submit this report. The report shall include the employees? name and social security number, along with the adverse information being reported. The must be noti?ed of all terminations! resignations within ?ve days of occurrence. The Provider will return any expired DHS issued identi?cation cards and building passes, or those of terminated emplOyees to the COTR. If an identi?cation card or building pass is not available to be returned, a report must be submitted to the COTR, referencing the pass or card number, name of individual to whom issued, the last known location and disposition of the pass or card. The COTR will return the identi?cation cards and building passes to the responsible ID Unit. B. ELIGIBILITY The Provider will agree that each employee working on this agreement will success?illy pass the DHS Employment Eligibility Veri?cation (B?Verify) program operated by USCIS to establish work authorization. . . The Provider must agree that each employee working on this agreement will have a Social Security Card issued and approved by the Social Security Administration. The Provider shall be reaponsible to the Government for acts and omissions of his own employees and for any Subcon?acto?s) and their employees. Subject to existing law, regulations and/ or other provisions of this agreement, illegal or undocumented aliens will not be employed by the Provider, or with this agreement. The Provider will ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this agreement. F. SECURITY MANAGEMENT The Provider shall appoint a senior of?cial to act as the Corporate Security Of?cer. The individual will interface with the OPR-PSU through the COTR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Provider. The COTR and the shall have the right to inspect the procedures, methods, and facilities utilized by the Provider in complying with the security requirements under this agreement. Should the COTR determine that the Provider is not complying with the security requirements of this agreement, the Provider will be informed in writing by the Contracting Of?cer of the proper action to be taken in order to effect compliance with such requirements. The following computer security requirements apply to both Deparlrnent of Homeland- Security (DHS) operations and to the former Immigration and Naturalization Service I operations (PINS). These entities are herea?er referred to as the Department. (3. INFORMATION TECHNOLOGY SECURITY CLEARANCE Page 17 of 20 When sensitive government information is processed on Department telecommunications and automated information systems, the Provider agrees to provide for the administrative control of sensitive data being processed and to adhere to the procedures governing such data as outlined in DHS IT Security-Program Publication DHS MD 4300.Pub. or its replacement. Provider personnel must have favorably adjudicated background investigations commensurate with the de?ned sensitivity level. Providers who fail?to comply with Department security policy are subject to having their access to Department IT systems and facilities terminated, whether or not the failure results in criminal prosecution. Any person who improperly discloses sensitive information is subject to criminal and civil penalties and sanctions under a variety of laws Privacy Act). H. INFORMATION TECHNOLOGY SECURITY TRADING AND OVERSIGHT All Provider employees using Department automated systems or processing Department sensitive data will be required to receive Security Awareness Training. This training will be provided by the component agency of DHS. Providers who are involved with management, use, or Operation of any IT systems that handle sensitive information within or under the supervision of the Department, shall receive periodic training at least annually in security aWareness and accepted security practices and systems rules of behavior. Department Providers, with signi?cant security responsibilities, shall receive specialized training speci?c to their security responsibilities annually. The level oftraining shall be commensurate with the individual?s duties and responsibilities and is intended to promote a consistent?understanding of the principles and concepts of telecomnnmications and IT systems security. 'All personnel who access Department information systems will be continually evaluated while performing these duties. Supervisors should be aware of any unusual or inappropriate behavior by personnel accessing systems. Any unauthorized access, sharing of passwords, or other questionable security procedures should be reported to the local Security Of?ce or Information System Security Of?cer (ISSO). XIX. Accreditation The Service Provider Will have eighteen (18) months ?om commencement of this Agreement to become ACA accredited. The Service Provider shall, within nine (9) months from the date this facility becomes operational, formally apply for accreditation to the American Correctional Association. The Service Provider shall provide the Contracting 0mm wi?1 Written proof of such application to ICE Within ?ve (5) days of the application. The Service Provider shall provide the Contracting Of?cer with written proof of its accreditation within ?ve (5) days of noti?cation of its accreditation. . Page 18 of 20 ICE 2012FOVIA303QOO1371 XX. Quality Control A. The Service Provider shall establish and a complete Quality Control Program (QCP) acceptable to the Contracting Of?cer in consultation with the Contracting Of?cer?s Technical Representative to assure the requirements of this Agreement are provided as speci?edjn the Performance Requirement Summary Attachrnent 3. I . The QCP shall: 1. Be implemented prior to the start of performance. 2. Provide quality control services that cover the scope of the IGSA and implement proactive actions to prevent non-performance issues. I B. A complete QCP addressing all areas of agreement perfonnance shall be submitted to the COTR no later than 30 days a?er the Agreement effective date. All proposed changes to the QCP must be approved by the Contracting Of?cer. The Service Provider shall submit a resume of the proposed individual(s) responsible for the QCP to the C0 for approval. The Service Provider shall not change the individual(s) responsible for the QCP without prior approval of the Contracting Of?cer. C. The QCP shall include, at a minimum: - 1. Speci?c areas to be inspected on either a scheduled or unscheduled basis and the method of inspection. - 2, Procedures for written and verbal communication with the Government regarding the - performance of the Agreement. I Speci?c surveillance techniques for each service identi?ed in the Agreement and each functional area identi?ed in the_PRS. I. 4. The QCP shall contain procedures for investigation of complaints by the Service Provider and Government staff and feedback to the Governinent on the actions taken to resolve such complaints. - D. A ?le of all inspections, inspection results, and any corrective action required, shall be maintained by the Service Provider during the term of this Agreement. The Service Pro'vider shall provide copies of all inspections, inspection results, and any corrective action taken to the COTR and Contracting Of?cer. Page 19 of20 ICE E. Failure by the Service Provider to maintain adequate quality control can result in monetary deductions based upon the schedule of deductions incorporated herein. XXI. Contracting Officer?s Technical RePresentative A. The Contracting O?cer?s Technical Representative (COTR) shall be designated by the - Contracting Of?cer. When and if the COTR duties are reassigned, an 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 a?ect the price, quantity, or performance of this Agreement. B. Should the Provider believe they have received direction that is not scope of the agreement; the Provider shall not proceed with any portion that is "not within the sc0pe of the agreement without ?rst contacting the Contracting Of?cer. The Provider shall continue performance of efforts that are deemed within scope. XXII. Labor Standards and Wage Determination A. The Service Contract Act, 41 U.S.C. 351 et seq., Title 29, Part 4 Labor Standards for Federal Service Contracts, is here by incorporated into this Agreement at Attachment 5. These standards and provisions are included in every contract over $2,500, or in an inde?nite amount, that is entered into by the United States, the principal purpose of which is to fumiSh services through the use of service employees. I . B. Wage Determination: Each service employee employed in the performance of this Agreement shall be paid not less than the minimum monetary wages and shall be furnished fringe bene?ts in accordance with the wages and fringe bene?ts determined by the Secretary of Labor or authorized representative, as speci?ed in any Wage determination attached to this Agreement at Attachment 6. END OF DOCUMENT Page 20 0f20 ICF 373 DEPARTMENT OF SECURITY (DES) . EMGRATION AND CUSTOMES ENFORCEMENT (ICE) OFFICE OF DETENTION AND REMOVAL (BRO) - REQUEST FOR Detainee See-aces STATEMENT OF WORK - Date: 4/03/2008 FACILITY LO CATION- Hall County Jail 610 Main Street Gainesville, GA 30510 I. Performance: The PROVIDER is required, in units housing U.S. Immigration and Customs. Enforcement (ICE) detainees, to perform in accordance with the most current editions of the ICE National DetentiOn Standards, American Correctional Association (ACA) "Standards for Adult Lecal Detention Facilities (ALDE, and Standards Supplement. Standards for Health Services in Jails. latest edition. National Commission on Correctional Health Care Some ACA standards are augmented by ICE policy and/or procedure. In cases where other standards conflict with ICE Policy or Standards, ICE Policy and Standards prevail. ICE Inspectors will conduct periodic inepections of the facility to assure compliance of the aforementioned standards. II. Anticipated Start of Performance: 90 Days after award Exclusivity: The CONTRACTOR or PROVIDER agrees that the facility is to be for the exclusive use of ICE and its detainee population. No other agency will be allowed to use the facility to house its detainees, prisoners, or inmates without prior approval at the Contacting Of?cer with input from the Contracting Of?ceris Technical Representative. If given approval, a separate bed day rate shall be negotiated with the other agency and ICE shall not be resPonsible for payment related to beds used by another agency. The other agency will be separately inv'oiced for the beds it uses. The duration of the use of beds will be determined on a case by case basis. IV. Armed Transportation Service: A. Transportation service shall include the following: 1. The PROVIDER shall provide all such ground tranSportation services as may be required to transport detainees securely, in a timely manner, to locations as directed by the COTR or designated ICE Official. When PROVIDER employees are not providing transportation services, the Attachment 1 Page 1 of 18 PROVIDER shall assign the employees to supplement secm'ity duties within the Facility to assist ICE as directed by the COTR or designated ICE of?cial. However, the primary ?mction of these Service Provider employees is transportation Duties as directed by the COTR utilizing these employees shall not incur any additional expense to ICE. 2. The PROVIDER shall assign, at a teams of transportation of?cers on a daily basis distributed throughout a twenty- four (24) hour period seven (7) days a week including weekends and holidays.- The COTR shall approve the number of teams assigned to any shift or period of time in order to meet the needs of ICE transportation requirements. . 3. The PROVIDER Shall ?nnish suitable vehicles in good condition, approved by the Government, to safely provide the required transportation services per facility as listed below. The PROVIDER shall comply with all federal and state laws with regard to inspections, licensing, and registration for all vehicles used for transportation. 4. Nothing in this agreement shall restrict the PROVIDER from acquiring additional vehicles as deemed necessary by the PROVIDER at no cost to the Government. The PROVIDER shall not allow employees to use their privately owned vehicles to transport detainees. The PROVIDER shall ?lmish vehicles equipped with inte?or security features (such as, but not limited to: door lock controls, window looks, a wire cage with acrylic panel between the driver seat- and the rear passenger seats) and be in accordance with ICE National Detention Standards including physical separation of detainees ?-om guards. The PROVIDER shall provide the intericir security speci?cation of the vehicles to ICE for review and approval prior to installation. - 5. In the event of transportation services invoking distances that exceed a standard eight (8) hour werkday to complete, the PROVIDER shall be reimbursed for related costs of lodging and meals comnnserate with the US. General Services Administration rates for such within the geographical area of occurrence. Any incurred overtime pay for such services will be reimbursed at the applicable Department of Labor overtime rate for the transportation officer position incorporated within this agreement. The PROVIDER shall comply with ICE transportation standards related to the number of hours the PROVIDER employee may operate a vehicle. Overnight lodging resulting from transportation services shall be approved in advance by the COTR or designated ICE o?cial. - - 6. All tranSportation shall be accomplished in the most economical manner. Attachment 1 Page 2 of 18- 7. The PROVIDER shall, upon order of the COTR, or upon his own decision in an urgent medical situation with noti?cation to the COTR immediately therea?zer, transport a detainee to a hospital location. An of?certfs) shall keep the detainee under supervision 24 hours per day until - the detainee is ordered released ?om the hospital, or at the order of the COTR. The PROVIDER shall then return the detainee to the Facility. 8. The PROVIDER personnel provided for the above services shall be of the same quali?cations, receive the same training, complete the same sectirity clearances, and Wear the same uniforms as those PROVIDER personnel provided in the other areas of this agreement TranspOrtationjo?icers shall have the required state licenses for commercial drivers with the proper endorsement limited to vehicles with Automatic Transmission and the state DMV Medical Certi?cation. 9. During all transportation activities, at least one transportation of?cer shall be the same sex as the detainee(s). Questions concerning guard assignments shall be directed to the COTR for ?nal determination. 10. All transportation Detention Of?cers shall be armed in the performance of these duties. . 1. The COTR may direct the PROVIDER to transport detainees to miscellaneous locations. 12. When the com provides documents to the PROVIDER conceming the detainee(s) to be transported and/or escorted, the PROVIDER shall deliver these docmnents only to the named authorized recipients. The PROVIDER shall ensure the material is kept con?dential and not viewed by any person other than the authorized recipient. 13. The PROVIDER shall establish a fully operational communication system compatible with ICE equipment that has direct and immediate contact with all transportation vehicles. and pest assignments. Upon demand, the COTR shall be provided with current status of all vehicles and post assignment employees. 14. Failure on the part to comply fully with the detainee(s) departure as pre~sched111ed shall result in the PROVIDER haying deductions made for non-performance. I Attachment 1 Page 3 of 18 a, ANTICIPATED TRANSPORTATION ROUTES The following transportatiOn routesfdestinations are anticipated requirements for this agreement. The following requirements are one way routes; these routes (mile approximations) are not Route - AI . all inclusive and should not be limited to the followhigz- Distance Frequency Wake-Hall . 368 miles/5 hours 1 time per wk 30 detainees per trip . -- 315 miles/5 hours I Z'times per wk 50 detainees per trip . a. -.CumberIand-I-Iall- - 370 miles/6 how's .1 time per Wk . 30 detainees per trip- Meckle'nburg-Hall .208 miles/3.5 hours 3 times per Wk 50 detainees per trip "Henderson?Hall 151 miles/3 hours 1 time per wk 30 detainees per trip Charleston-Hall 317 miles/5 hours 1 time per wk 30 detainees per trip :Xork-Hall 189 miles/3.5 hours 1 time per wk 25 detainees per trip Hall CCA 4 miles/10 minutes 3 times per week 20 detainees per trip Guard Services?: . PROVIDER agrees to provide stationary guard services on demand by the and shall include, but not limited?to, escorting and guarding detainees to medical or doctor?s appointments, hearings, ICEinterviews, and any other remote - I location requested by the COTR. Quali?ed detention of?cer personnel employed . monitoring, visitation, and contraband control. . additional of?cers are required. by the PROVIDER under its policies, procedures, and practices will perform such services. The PROVIDER agrees to augment such practices as may be. requested by ICE to enhance speci?c requirements for security,-detainee - Public contact is prohibited unless authorized in advance by the COTR. . shall be authorized (make) of?cers for each such remote location, unless at the direction of the or designated Agency of?cial as . 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 .. names of the detainees that were guarded. Such services shall be denoted as a separate item on submitted invoices.- ICE agrees to reimburse the PROVIDER 7.- for actual stationary gnard services provided at a negotiated rate. Medical Services: The PROVIDER shall be responsible for the provision of health care?services for ICE detainees at the facility. . . - In the event of an emergency, the PROVIDER shall proceed immediately with necessary medical treairnent._ In "*"imrnediately regarding the nature such event,.the PROVIDER shall notify ICE I of the transferred detainee?s illness or injury and type of treatment provided. - . . Attachmentl ?Page4of18? ICE . The 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 PROVIDER shall retain a registered nurse to provide health care and sick call coverage unless expressly stated otherwise in this Agreement. In the absence of a health care professional, non?health care personnel may refer detainees to health care resources based upon protocols developed by the United States Public Health Service (U SPHS) Division of Imhaigration Health Services (DIHS). Healthcare or health trained personnel may perform screenings. . . The PROVIDER shall ensure that onsite medical and health care coverage as de?ned below is available for all ICE detainees at the facility for twenty?four (24) hours per day, seven (7) days per week. The PROVIDER shall ensure that its employees solicit each?detainee for health complaints and deliver complaints writing to the medical and health care staff. . The PROVIDER shall furnish onsite health care under this Agreement. The PROVIDER shall not charge any ICE detainee an additional fee or co?payment for medical services cr'treatnient provided at the facility. The PROVIDER shall ensure that ICE detainees receive no lower level of onsite medical care and services than those it provides to local inmates. Onsite health care services shall perform medical screening (inclusive of the skin test/PPD) within the ?rst twenty-four (24) hours of arrival to the facility, sick call coverage, provision of over?the-counter medications, treatment of minor injuries lacerations, sprains, and contusions), treatment of special needs and mental health assessments. A full medical screening must be done within the ?rst 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 (PPD) or chest x?ray, and recording the history ofpast and present illnesses (mental and physical). . Ifthe PROVIDER determines that an ICE detainee has a medical condition which renders that person unacceptable for detention under this Agreement, (for example, contagious discase, condition needing life support, uncontrollable violence), the PROVIDER shall notify ICE. Upon such noti?cation, the PROVIDER shall allow ICE reasonable that: to make the proper arrangements for further disposition of that detainee. . The DIHS acts as the agent and ?nal health authority for ICE on all off-site detainee medical and health related matters. The relationship of the DIHS to the detainee equals that of physician to patient. .The 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 PROVIDER shall solicit DIHS approval before proceedingswith non-emergency, o?lsite medical care site lab testing, eyeglasses, cosmetic dental - prosthetics, and dental care for cosmetic purposes). The PROVIDER shall Attachment 1 Page 5 of 18 submit supporting documentation for now-routine, off-site medical/health services to For medical care provided outside the facility, the DIHS may determine that an alternative medical provider or institution is more cost-effective or more aptly meets the "needs of ICE-and the detainee. ICE may refuse to reimburse the PROVIDER for non-emergency medical costs incurred that were not pre- approved by the DIHS. The PROVIDER shall send requests for pie-approval for non-emergency off?site care to: - United States Public Health Service Division of Immigration Health Services 1220 Street, NW, PMB 468 Washington, Phone: (703) 541 WW0) Fax: (202) 318-0080 . The PROVIDER is to notify all medical providers approved to furnish off-site health care of detainees to submit their bills in accordance with instructions provided to: I BCE Emergis DIHS. Claims P.O. Box 10250 Gaithersburg. MD 20898-0250 Phone; (333) 333 (bra), Fax: (888) 383-3957 . The PROVIDER shall furnish twenty?four (24) hour emergency medical care and emergency evacuation procedures. In an emergency, the PROVIDER shall obtain the medical treatment required to preserve the detainee?s health. The PROVIDER shall have access to an off site emergency medical provider at all times. The Health Authority of the PROVIDER shall notify the DIE-IS Managed Care Coordinators, ICE Health Services, 1220 Street, NW, PMB 468, Washington, DC, 20005?4013, phone (888) 713. (Wham) 318-0080, as soon as possible, and in no case more than seventy-two (72) hours afterdetainee receipt of such care. The Health Authority will obtain pro?authorization hear the DIHS Managed Care Coordinator for service(s) beyond the initial emergency situation. - . The PROVIDER shall allow Managed Care Coordinators reasonable access to its facility for the purpose of liaison activities with the Health Authority and associated Service Provider A . The PROVIDER and all medical providers approved to furnish off-site health care of detainees shall submit their bills to: . . BCE Emergis - DIHS Claims P40. Box 10250 Attachment 1 Page 6 of 18 (b)(6), (b)(7)(c) (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) (b)(7)(e) ICE.2012FOIA3030001380 B. OPLA Space Refer to ICE Design Standards for Speci?c of?ce and workstation sizes and speci?c furnishing requirements. All ?nniture and case goods are to be ?Jrnished by the service provider in accordance with ICE Design Standards. The Standards include but are not limited to the following: - . 3 Hard walled offices (see Standards for size). 1 Work Station (see Standards for size). - - Of?ce support space must be provided per the Design Standards Space Refer to Design Standards for speci?c of?ce and workstation sizes and speci?c furnishing requirements. All furniture and case goods are to be furnished by the service provider in accordance with Design Standards. The Standards include but are not limited to the following: I A ?ill size courtmom (to be used for V-Tel for Master Calendar Merit hearings) 4 hard walled of?ce spaces (chamber, o?ce, ADP room and ?le room), A unisex restroom, - 3 workstations (includes station for the reception window) Of?ce space (open plan) for copier, fax, printer(s) and other of?ce equipment) Health Services Healthcare services will be provided by the PROVIDER. Facility Requirements for Infectious Disease Screening The Service Provider will ensure that there is adequate space and equipment to provide medical intake screening including a TB screening chest x-ray within the intake processing area. In order to prevent the spread of airborne infectious disease or cross contamination of zones within the facility, the HVAC system in the Intake Screening Area will be constructed to exhaust to the exterior and prevent air exchange between the intake screening area and any other area within the facility. Infectious Disease Screening In order to prevent the transmission of Tuberculosis (TB) to the resident population of a detention facility, the Service'Provider will perform TB screening as part of the a routine infectious disease screening within 12 hours of detainee admission and obtain documented clearance of transmissible disease before the detainee is assigned to a housing or is transferred ?om the intake processing - - Attachinentl - Page}; of 18 281 area. A screening chest x-ray will be performed by a trained and quali?ed health care provider and interpreted by a- credentialed radiologist. Detainees will remain isolated from the rest of the facility population (remain in the intake screening area) until the chest x?ray report is obtained and the interpretation veri?es that the detainee is free of infectious TB (turnaround ?tne for chest x?ray interpretation should be 4 hours or less). Detainees who are found to be infected or where there is a possibility that they are infected will be assigned to a respiratory. isolation unit until treatment or further testing is done and the detainee is no longer infectious. . Teleradiology-Service Provider 1.. The Detentidn Service Provider "shall use the services of the ICE Teleradiology Service Provider (IT SP). The cost of the equipment; maintenance of the equipment; of staff; arrangements for interpretation of the x?rays by credentialed radiologists; and transmission of data to and from the Detention Facility are previded by the ITSP and charged directly to ICE. The Service Provider shall coordinate with the ITSP to ensure adequate Space is provided for theequipment, connectivity and electrical services are installed, immediate 24/7 access to equipment for service and maintehance by ITSP technicians is granted, a teleradiology coordinator is appointed and available for training by the ITSP, and medical staff is available to perform the screening exams and receive reports. The teleradiology coordinator may be a nurse or nurse practitioner and collateral duty of the appointed staff (it is not necessary to appoint a run time coordinator if the volume of work does not support a 'full time employee). 2. Teleradiology equipment requires high voltage power to accommodate x- ray equipment, speci?cations will be provided by ICE. . Processing Area 1. Expansion required in this area includes the need to accommodate processing varying numbers of detainees for intake and out-processing, large buses transport of up to 100 detainees. 2. Processing area must be designed to process male and/or female detainees as required in high frequency rates and varying numbers, a busload up to 100 detainees atone time. 3. Teleradielogy equipment requires high voltage power to accommodate x?ray' equipment, speci?cations will be provided by ICE. Furniture All ?n?niture and case goods shall be ?rmished by the service provider in accordance with ICE Design Guide and speci?cations, Which include ICE support space and all operational components which include EOIR and OPLA space as required in accordance with the ICE Design Standards. - Attachment 1 - Page 9 Hot 13 J. ICE IT Equipment ICE will provide and install IT equipment in o?ce spaces for ICE personnel only, to include computer workstations and screens, printers and fax machines. All in?rastructure, cabling, and interfacing equipment shall be provided by the Service Provider at time of construction. NOTE: ICE system must be a? complete, independent and physically separate system from the Service Provider?s IT system. The system shall serve all - operational cemponents: ICE and OPLA. EOIR shall have a separate system within EOIR IT space as per the EOIR Design Standards. K. Commnnication Equipment The service provider shall purchase, install and maintain a complete and operating communication system, which includes but'is not limited to: cabling, ?ber optics, patch panels, landing blocks, circuits, PBX and voice mail, phone sets and other supporting infrastructure and supporting system in compliance udth ICE Speci?cations. Separate billing to ICE must be establishedron all reoccurring service fees for communications and IT. Systems shall be installed Speci?cally for ICE'use. . . - NOTE: - ICE communication system must be a. complete, independent and physically separate system item the Service Provider communication system, and billed separately. The system shall serve all Operational components: ICE and OPLA. EOIR shall have a separate system within EOIR IT space as per the EOIR Design Standards. Service Provider see attached SOW for phone system details. Detainee Work Program: 1. Detainee labor shall be used in accordance with the detainee work plan developed by the PROVIDER, and will adhere to the'ICE National Detention Standard on Detainee Voluntary Work Program. The detainee work plan must be voluntary, .?and may include work or program assignments for industrial, maintenance, custodial, service, or other jobs. The detainee work program shall not con?ict with any other requirements of the contract and must comply with all applicable laws and regulations. - - 2. Detainees shall not be used to perform the responsibilities or duties of an employee of the PROVIDER. Detaineesshallnot be used to perform work in areas where sensitive documents are maintained (designated ICE workspace). Custodial/janitorial services to be performed in designated ICE work space will be the responsibility of the PROVIDER. Attachment 1 Page 10 of 18 am 3. Appropriate safety/protective clothing and equipment shall be provided to detainee workers as appropriate. Detainees shall not be assigned work that is considered hazardous or dangerous. This includes, but is not limited to, areas or assignments requiring great heights, extreme temperatures, use of toxic substances, and unusual physical demands. 4. ?The PROVIDER shall supply su?cient Detention Of?cers to monitor and control detainee work details. Unless approved by the COTR, these Work details must be within the security perimeter. . . . It will be the sole responsibility of ICE to determine whether a. detainee will be allowed to perform on voluntary work'details and at what classi?cation level. All detainees shall be searched- when they are returned ?om work details. Law Library: a The PROVIDER shall provide secure space within the secure perimeter, either a dedicated room or a multipurpose room for books and materials to provide a - reading area ?Law Library." ?'in accordance with the ICE National Detention Standards on the Access to Legal Materials. Training: Employees shall not perform duties under this agreement until they have success?illy- completed all initial training and the COTR receives written certi?cation ??om the PROVIDER. I General Training Requirements 1. All employees must have the training described in the AGA Standards and in this section. Any remuneration (pay) due PROVIDER employees in accordance with Department of Labor regulations for any training time is the reSponsibility of the PROVIDER. The PROVIDER shall provide the required re?esher courses or have an institution acceptable to the com to provide the training. Failure of anyemployee to complete training successfully is suf?cient reason to disqualify him or her from duty. - 2. All new Detention Of?cers will receive 54_ hours of basic training, not to include. ?rearms and 40 hours of on-the-job training prior to entering on duty. The Training O?icer will be responsible for administering an on?the?job training program for new employees. A senior Detention Of?cer, at all times during this latter 40-hour period, must accompany the Detention Of?cers. The Training Of?cer shall send a copy of the documentation to the COTR upon completion of the employee?s on?the?job training. 3. In addition, after completion of the ?rst 94 hours of training, the PROVIDER has 60 days to complete an additional 40 hours of training. During the remainder of the ?rst year on duty, the of?cer will have. an additional 40 hours Attachment 1 Page 11 of 18 of training for a total of 174 hours within the ?rst year of employment. The training program must directly relate to the employee?s assigned position and afford application of necessary job skills. Training site shall be provided by the PROVIDER at no cost to the Government a. Basic Training Subjects: 1. Employees must complete the following list of basio training subjects. The course title is followed by the estimated hours of training for that subject. a. Orientation/Social Diversity 2 1). Counseling Techniques/Suicide Prevention I 2 HRS c. Conduct/Dutiele?iios and Courtroom Demeanor 2 HRS d. Bomb Defense and Threats 1 HR e. Telephone Communications/Radio Procedures - 1 HR f. Fire and other Emergency Procedures 2}le g. Treatment and Supervision of Detainees 2 HRS h. ICE Use of Force Policy 2 HRS i. Security Methods/Key ControlfCount 1 HR j. Procedures/ Observational Techniques . 4 HRS k. EEO/Sexual Harassment ZHRS l. Detainee Escort Techniques 1 HR. 111. ICE Paperwork/Report Writing 2 HRS n. Detainee SearchesiDetainee Personal Property 4 HRS o. Property/Connaband 2 HRS Detainee Rules and Regulations 2 HRS q. First Aid* . 4 HRS r. Cardiopuhonary reenseitation 4 HRS s.Blood~borne Pathogens* 2 HRS SeIfDefense . i 8 HRS u.Use of Restraints 6 HRS . v.Firearn1 Training - w. Sexual AbusefAssauIt Prevention Intervention* 2 HRS x.National Detention Standards I 2 HRS Critical Training Subjects - Fir-earn: Training for Required Armed Detention Services in accordance. with state licensing requirements. PROVIDER quarter. . AttaChment shall certi?z pro?ciency ever Page 12 of18 1 b. Re?esher Training . I Every year the PROVIDER shall conduct 40 hours of Re?'esherTraining for all Detention Of?cers including Supervisory Detention Of??Cers. Re?esher training shall consist of these critical subjects listed above and a review of basic training subjects and others as approved by ICE. The rnovmnn shall coordinate recerti?cation in CPR and First Aid with . the ICE training staff. This training shall be provided atno cost to the Government. Annually, upon completion, the PROVIDER shall provide - documentation of refresher training to the COTR. In addition to the re??esher training requirements for all Detention Of?cers, supervisors must receive re?'esher training relating to supervisory duties. c. On~the~Job Training 1. After completion of the minimum of 54 hours basic training, all Detention Of?cers will receive an additional 40 hours of 'on?the~j ob training at speci?c post positions. This training includes: 3.. Authority of supervisors and organizational code of conduct. 1). General information and special orders. Security systolns operational procedures. .0 d. Facility selfu-protec?on plan or emergency Operational procedures. e. Disturbance Control Team d. Training During Initial 60 Day Peribd - The PROVIDER shall provide on additional 40 hours of training for Detention O?icers within 60 days after completion of ?rst 94 hours of training. The PROVIDER shall provide the haining format and subjects, for approval by the COTR and CO, prior to the commencement of training. I. . 6. Basic First Aid and CPR Training All members ofthe security staff shall be trained in basic ?rst aid-and CPR. They must be able to: Respond to emergency situations within four minutes. Perform cardiopulmonary resuscitation (CPR). Recognize Warning signs of impending medical emergencies. Know how to obtain medical assistance. Attachment 1 Page 13 of 13 . e. Recognize signs and of mental illness. f. Able to administer medication; g. Know the universal precautions for protection against blood-borne diseases. B. Supervisory Training 1. All ?new Supervisory. Detention Of?cers assigned to perform work under this . agreement must success?illy complete a minimum of 40 hours of formal supervisory training?provided by the PROVIDE-R prior to assuming duties. This training is in addition to mandatory training requirements for Detention O?icers. Supervisory training shall include the following management areas: - a. Techniques for issuing mitten and verbal orders 2 HRS 13. Uniform clothing and grooming standards 1 HR I-Security Post Imposition procedures 2 HRS d. Employee motivation 1 HR e. Scheduling and overtime controls 2 HRS f. - Managerial public relations . 4 HRS g. Supervision of detainees I 4 HRS h. Other company policies 41le Additional classes are at the diScretion of the PROVIDER with the approval of the - COTR. The PROVIDER shall submit documentation to the corn, to con?rm that each supervisor has received basic training as speci?ed in the basic training curriculum. Pro?ciency Testing The PROVIDER shall give each Detention Of?cer a Written examination consisting of at least 25 questions after each classroom-trailnng course is . . completed. The PROVIDER may give practical exercises when appropriate. The COTR shall approve the questions before the PROVIDER can administer the examination. To pass any examination, each of?cer must achieve a score of 80% or better. The PROVIDER must provide the COTR with the eligible Detention . Of?cer?s completed exam before the Detention Of?cer may be assigned to duties under the agreement. Should an employee fail the written test on the initial . attempt, he or she shall be given additional training by the PROVIDER and be given one additional opportunity to retake the test. If the employee fails to complete and pass the test the second ?rms, the PROVIDER shall remove the employee ?'om duties on this agreement. Attachment 1: Page 14 of 18_ lg: 9n19Fn Aamnnq1387 D. Certi?ed Instructors - Certi?ed instructors shall conduct all instruction and testing. A state or nationally recognized institution shall certi?y instructors unless otherwise approved in writing by the COTR. Certifications of instructors may he established by documentation of past experience in teaching positions or by successful completion of a course of training for qualifying personnel as instructors. The COTR must approve the instructor prior to the training course. E. Training Documentation l. The PROVIDER shall submit a training forecast and lesson plans to the COTR or ICE designee, on a basis, for the following 60?day period. The training forecast shall provide date, time, and location of scheduled training and afford the COTR observation/evaluation opportunity. - 2. The PROVIDER shall certify and submit the training hour's, type of training, date and location of trainir'rg, and name of the instructor for each employee to the COTR or ICE designee. - . XL Noti?cation and Public Disclosuresf. 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 eirpress permission granted by the ICE Contracting Of?cer. The Government considers such infornmtion privileged or con?dential until award of the agreement. XII. Establish and Maintain Program for Prevention of Sexual Abuse/Assiault: The PROVIDER shall develop and implement a comprehensive sexual abuse/assault prevention and intervention pro gram. This program shall include training that is given separately to both staff and detainees, in accordance With the Prison Rape Elimination Act (PREA). Business Permits and Licenses: The PROVIDER must obtain all required permitsand licenses by the date of agreement award. The PROVIDER must (depending on the state?s requirements) be licensed'as a quali?ed security service company in acdordance with the requirements of the district, mur?cipality, county, and state in which ICE work site(s) is! are located. Throughout the term of this agreement, the PROVIDER shall maintain current permits/business licenses and make copies available for Government Inspection. The PROVIDER shall comply with all applicable federal, state, and local laws and all applicableOccupational Safety and Health Adn?nistration (OSHA) standards. Attachmentl . Page 15 of 18 - Firearms Body Armor: A. Firearms Reouirements l. 10. ll. 12. l3. 14. 15- The PROVIDER shall provide new ?rearms and maintain suf?cient licensed ?rearms and ammunition to_equip each armed Detention Of?cer and armed supervisods) with a licensed weapon while on duty. Firearms maybe reissued to new replacement employees throughout the life of the agreement as long as the ?rearm is in serviceable condition. Personal ?rearms shall not be used.- Alicensed gunsmith, in miting, shall certify all ?rearms safe and accurate. Firearms shall be standard police service?type, semi-automatic capable of I ?ring hollow-point ammurdtion that meets the recommendations of the ?rearms manufacturer. Ammunition will be factory load only no reloads. Ammunition will be replaced every year. The PROVIDER shall provide suf?cient for each armed Detention O?cer, including Uniformed contractsuperviso?s); they shall be issued three magazines. - The PROVIDER shall account for all ?rearms and ammunition daily. Ifany weapons or ammunition are missing the inventory, the shall be noti?ed immediately. All ?rearms shall be licensed by the State. Firearms an be inspected. This shall be documented by the Warden/Facility Director. - Loading, unloading, and cleaning of the firearms shall'only take place in designated areas. The ?rearms shall be cleaned and oiled as appr0priate to ensure optimum Operating conditions. - Firearms shall be carried with the safety on, if applicable, with a round in the chamber. The. PROVIDER shall maintain appropriate and ample supplies of :?rearms? Upkeep and maintenance equipment (cleaning solvents, lubricating oil, rods, brushes, patches, and other normal maintenance tools). The PROVIDER shall provide a Complete listing of licensed ?rearms by serial numbers and by each safe location to the COTR prior to beginning performance under this agreement. - These lists shall be kept current through the terms of the agreement and posted Within each ?reann?s safe_. The PROVIDER shall obtain and maintain on ?le appropriate State and -rnunicipa1ity permits and weapons permits for each of?cer. Attachment 1 Page 16 of 13 16. A copy of this permit shall be provided to the COTR at least three working days prior to the anticipated assignment date of any individual. 17. The PROVIDER shall ensure that his/her employees have all permits and licenses in their possession at all times while in performance of this agreement. 13. The PROVIDER shall provide safes/vaults for storage of ?rearms and ammunition, for each location where ?rearms are issued or exchanged, which meet agency requirements and are approved for the storage of ?rearms and amneuni?on. 19. The COTR is responsible for approving the proposed safesfvaults prior to . usage. PROVIDER supervisors and guards shall make accurate receipt . and return entries on a Firearms, and Equipment Control Register. 20. Except when issuing or returning ammunition or ?rearms, each safe/vault shall remain locked at all times. 21. The PROVIDER shall be responsible for having the combination of each safefvault changed at least once every six months, or more often if circumstances warrant. 22. The PROVIDER certi?es ?rearms training to the COTR. 23. The PROVIDER shall certify pro?ciency every quarter. - 24._ The PROVIDER shall provide an ICE approved intermediate weapon(s). B. Body Armor Reqm'rements 1. . The PROVIDER shall provide body armor to all armed Detention . omcers and armed supervisor(s). 2. Body armor shall be worn while on armed duty. The body armor shall meet all requirements as set forth in the ICE Firearms Policy. 4. The PROVIDER shall procure replacement body armor if the body armor . becomes unnerviceable, ill-?tting, worn/damaged, or at the expiration of service life. .- - - 5. All armed Detention O?icers and armed supervisors need to be made aware of the health risks associated with the wearing of body armor in high heat/high humidity conditions andfor during strenuous exertion. When Detention Of?cers and supervisors are required to wear body armor, they shall be provided opportunities to rehydrate and remove the . body?armor as necessary. . 6. The use of personally owned body armor is not authorized. Attachment] Page 17 of 18 I ICE r. XVI. FEDERAL GOVERNMENT QUALITY ASSURANCE A. The Government?s Quality Assurance Program (QASP) is based on the premise that the provider, and not the Government, is responsible for management and quality control actions to meet the terms of the agreement. The QASP procedures recognize that the provider is not a perfect manager and that unforeseen and uncontrollable problems do occur. Good management and use of an "adequate Quality Control Plan will allow the facility to operate within acceptable quality levels. B. Each phase of the services rendered under this agreement is subject to inspection both during the Provider?s operations and a?er completion of the tasks. When the Provider is advised of any unsatisfactory condition(s), the contractor shall submit 21 Written report to the Contracting Of?cer addressing corrective/preventive actions taken. The QASP is not a substitute for quality control by the Provider. D. The COTR may check the Provider?s perfonnance and document any noncompliance, however, only the Contracting Of?cer may take formal action against for unsatisfactory performance.- E. The Govemrnent may reduce the invoice or otherwise payment for any individual item of nonconformance observed. The Government may apply various inspection and extrapolation techniques 100 surveillance, random sampling, planned unscheduled inspections, etc.) to determine the quality of services and the total payment due. F. FAILURE TO PERFORM REQUIRED SERVICES. The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in this agreement. Any reductions in the invoice shall re?ect the agreement?s reduced value resulting ?om the failure to perform required services. END OF DOCUMENT I Attachment 1 - Page 18 of 18 ICE u? {Uu - . 3.. 3 Corrections Co rip'?ra?on of America ., - IGSA Number DROIGSA 08-0017 May 9, 2008 QUALITY CONTROL PLAN The Quality Control Plan, referred to as the Quality Assurance Program by CCA, is a major priority for CCA. This is re?ected in the?signi?cant resources allocated to Quality Assurance by the Company and- the Quality Assurance (QA) Departtnentis functional autonomy. ?Organizationally, QA .is wholly independent of the Operations Division of CCA. QA resides within, and reportsdirectly to, O?ice of General Counsel. I Continuous compliance and continuous quality improvenient are the objectives of the QA Department and the Company. The QA Department is focused on producing the highest quality operations and meeting or_ exceeding the standards of the major accrediting organizations within corrections..Thes_e organizations include the American Correctional V'Association (ACA), the National Commission on Correctional Healthcare the Joint Commission on Accreditation of Healtluzare Organizations (JCAHO). CCA has many dedicated employees who are active members of these important organizations. The use of a sophisticated QA database, customized audit tools and the latest technology, as re?ected in computerized mobile auditing system, enables auditors to- audit ef?ciently and effectively. audits are based on CCA policy,?custon1eri requirements and detailed contractual obligations. CCA maintains a comprehensive set of 'in-depth policies and procedures which govern facility operations across all areas. policies are based on the con?actions profession?s major accrediting organizations? standards and accepted best practices. within the corrections industry. These policies, along with anyr contract-speci?c customer requirements for the Operation of the facility; form the basis for the CCA audit of the facility. Audit ?ndings are irnrnediately tabulated vvithin the facility being audited, denoting wherewe are operatingas expected, as well as areas of concern. The audit results fate . then compiled across facilities to assess. facility operations cumulatively, noting areas in which corrective actions are required." The '?irther analysis of audit data across all audited facilities enables the critical function of trend analysis. Based on these trends, systernic interventions by senior operations managers prevent potential problem areas ?oor I developing or growing larger in other CCA facilities by an. increased monitoring and ICE QOration of America IGSA Number DBDIGSA 08?0017 Corrections. Col. - May 9, 2008 review of these areas of concern. They are also made aware of many of our facilities? best practices for implementation across the Company. Major Functions of Qualig; Assurance Fromm - Designs and employs the highly specialized operational audit tools used by the audit teams and by facility staff for the self-monitoring process to encourage continuous compliance in all operational areas; - Conducts annual unannounced operational audits of all CCA facilities using two (2) teams of ?ill time CCA employee auditors who are subject matter experts with many years of discipline-speci?c correctional experience; I Discems areas of potential problematic performance for operations division managers enabling swift management attention and corrective and preventive action in these areas; - Assesses and communicates best practices observed throughout CCA facilities; Through subject matter expert auditors, who remain abreast of the latest developments in their respective ?elds, provides comprehensive technical assistance across all areas of facility operations to assist with policy and contractcompliance and promote best practices; I - Oversees a comprehensive, customiaed facility self-monitoring process; - Reviews audits conducted by customer monitors, accrediting bodies in which we hold membership (ACA, JCAHO, other outside agencies and regulatory bodies; and A A 0 Through our QA Research and Analysis Division, collects and analyzes voluminous amounts of operations~based data that is used to generate comparative performance A metrics and trend analysis across CCA facilities with the goal of risk reduction and continuous improvement in operational performance. - .1 an: 3 I Corrections Cdegbration of America IGSA Number 08?0017 . May 9; 2008 Audits of CCA Facilities Audit teams are led by, or contain within them, experienced former facility wardens. Accompanying the team leader are ?ve (5) subject matter experts who have previously held department head, associate warden or warden level positime The current team of auditors and team leaders'h'as a total of nearly 200 years of correctional and discipline- speci?c experience, enabling each team of auditors to bring almost a century of specialized correctional experience with them during each facility audit. Audit teams arrive unannounced at the facility, helping to ensure that the auditors are able to assess facility Operations as they would normally occur on a routine day?to-day basis. The team opends several days at each CCA facility, covering all shifts and all departments, except the business of?ce, which requires 'a separate level of ?continuous, rigorous review by '?ill? time CCA ?nancial staff and contracted ?nancial auditors from Ernst and Young. Using highly sophisticated audit technology and an audit tool comprised of over 1,500 items, many with an extensive list of sub?bullets requiring independent assessment, . auditors review nearly every aspect of the facility?s operations. Key operational areas reviewed include, but are not limited to, security, health?services, safety and emergency procedures, physical plant operations, inmate programs and services, classi?cation and unit management. The audit team looks well beyond the required documentary evidence to assess compliance. They spend many hours observing actual operational practices and procedures across departments and shifts to determine required compliance. At the end of each day of the audit, closeouts with wardens and key management staff are held to discuss these detailed observations and ?ndings in areas that need hnprovement. On the ?nal day of the audit, a closeout is held with the warden and staff, and often the- _Divisional Managing Director, summarizing. all ?ndings noted during the review. Final Audit Report No later than Tuesday of the following week, the Audit Team Leader, in consultation - with the corporate o?ce QA Managing Director and Research and Analysis Division, publishes an extensive report that contains the team?s ?ndings. (The corporate of?ce is .4 I, ICE Corrections CdL?30ration of America IGSANumber DROIGSA 08-001? May 9, 2008 known internally as the Facility Support Center or FSC.) The audit report recognizes commendable practices, which will be shared with other facilities. More importantly, however, the ?nal audit report is organized to report priority ?ndings by discipline and is distributed to key personnel throughout the Company not just at the facility level. .It provides a detailed blueprint enabling the facility to put into place ?corrective'actions and direct the of Action (POA) process as required by CCA policy. I Corrective Action Process Plan of Action (FDA) policy drives a comprehensive intervention that is initiated I by the facilities to remedy or mediate any and all concerns noted during the operational audit.? The facility is afforded a limited number of days to ensure operational compliance in the areas found to be Operating below a satisfactory level of compliance with policy, procedure or contractual obligations. Corrective actions that cannot be remedied within the policy-prescribed time periods are brought to the attention of 'the Divisional I Managing Director and Business Unit Operations Vice President for resolution. Importa'ntly, policy requires corrective action plans for ?ndings of de?ciencies contained in any and all audio that occur at the facility. Faci Quality Assurance Manager I Managers are responsible for rigorous self-assessment or self-monitoring precess, as well as ensuring completion of generated from all audit reports that occur at the facility. These include not only internal comprehensive operational audits, customer audits, outside regulatory agency audits, ACA, ICAHO, etc, but the emanating ?'om the self-monitoring that occurs at the facility on a regular basis. In fact, all items in all sections on the comprehensive operational audit tool are I reviewed, at a minimum, once yearly by facility staff under the direction of the QA Manager to ensurecOntinuous compliance across facility operations. uali of Life Com orient The audit process also includes information that goes above and beyond the audit items. contained in the audit toOls. They assess and report information provided by the contract -- I Corrections Coil; oration of America Number DROIGSA 08-0017 May 2008 monitor, facility staff, inmate population and other sources to generate a comprehensive understanding of the ?quality of life? within the facility. Information on the quality of communication throughout the facility, inmate work programs, community volunteer pregrams; educational, vocational and other self-improvement Opportunities is also . collected and reported to assist senior management in a thorough understanding of the daily operations of the facility. Coordinating with the Government?s Qualig; Assurance Surveillance Plan CCA will ensure the development and use of an auditing instrument for the North Georgia Detention Center which will cover all aspects contained within the QASP. Auditbrs will use that monitoring when conducting the above-mentioned audits. CCA staff have established an excellent cooperative working-relationship with ICE staff at other facilities currently housing ICE detainees and we will strive to maintain this valued telationship. CCA does, however except to the Withholding Criteria of. the Please refer to the Statement of Exceptions. humanistic?DEDICATED IGSA QUALITY ASSURANCE SURVEILLANCE, PLAN (QASP) fer NUMBER I INTRODUCTION The Government?s Quality Assurance Surveillance Plan (QASP) is based on the premise that the service provider, and not the Government, is resPonsible for the day?to?day operation of the facility and all the management and quality control actions required to meet the terms of the contract. The role of the Government in quality assurance is to ensure perfon?nance standards are achieved and maintained. The service provider is required to develop a comprehensive program of insPections and monitoring actions and to document its approach in a Quality Control.le (QCP). The service provider?s QCP, upon approval by the Government, will be made a part of the resultant agreement. . . - - - This QASP is designed to provide an effective surveillance method to monitor the service - provider?s performance relative to the requirements listed in the agreement. The QASP illustrates the systematic method the Government (or its designated representative) will use to evaluate the services the service provider is required to furnish. - - This QASP is based on the premise the Government must validate that the service provider is complying with BRO?mandated quality standards in operating, maintaining, and repairing. detention facilities. Performance standards address all facets of detainee handling, including safety, health, legal rights, facility and records management, etc. Good management by the service provider and use of an approved QCP will ensure that the facility is operating within acceptable quality levels. 2. DEFINITIONS Performance Requirements Summary (Attachment 1): The Performance Requirements Summary (PRS) communicates what the Government intends to qualitatively inepect. The PRS. 'is based on the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF) and Immigration And Customs Enforcement (ICE) National Detention Standards (NDS). The PRS identi?es performance standards grouped into nine functional areas, and quality levels essential for success?il performance of each requirement. The PRS is used by the Government (or its designated representative) when conducting quality assurance I surveillance to guide them through the inspection and review processes. Functional Area: A logical grouping of performance standards. Contracting Officer?s Technical Representative (COTR): The COTR interacts with the a service provider to inspect-and accept senrices/worlc performed in accordance with the technical standards prescribed in the agreement. The Contracting Of?cer issues a written memorandum I that appoints the COTR. Other individuals may be designated to assist in the inspection and quality assurance surveillance activities. . - Attachment 3. Page 1 of 33 Performance Standards: The performance standards are established in the ICE Of?ce Of Detention And Removal (DRO) NDS and contained in the Detention Operations Manual, at as well as the ACA standards for Other standards may also be de?ned in the agreement. Measures: The method for evaluating compliance with the standards. Acceptable Quality Level: The minimum level of quality that will be accepted by the Government in order to meet the performance standard. Withholding: Amount of invoice payment withheld pending correction of a de?ciency. See Attachment 1 for information on percontage of invoice amount that may be withheld for each functional area. Funds withheld from payment are recoverable (See Sections 6 and 7) if the COTR and Contracting Of?cer con?rm resolution/correction, and should be included in the next month?s invoice. Deduction: Funds may be deducted from a invoice for an egregious act or event, or if the same de?ciency continues to occur. The service provider will be noti?ed immediately if such a situation arises. The Contracting Of?cer in consultation with the Program Of?ce will determine the amount of the deduction. Amounts deducted are not recoverable. 3. QUALITY CONTROL PLAN: As a part of its agreement .with the Government, the service provider is required to develop, I implement, and maintain a Quality Control Plan (QCP) that illustrates the methods it will use to review its performance to ensere it conforms to the performance requirements. (See Attachment 1 for a summary list of performance requirements.) Such reviews are performed by the service . provider in order to validate its Operations, and assure the Government that the services meet the perfonnance standards. The service provider's QCP should include monitoring methods that ensure and demonstrate its compliance with the performance standards. This includes inspection methods and schedules that are consistent with the regular reviews conducted by DRO. The reports and other results generated by the service provider?s QCP activities should be provided to the COTR as requested. - The frequency and type of the service provider?s reviews should be consistent with what is necessary'in order to ensure compliance with the performance standards, but no less frequent than what is described in the Govermnent?s monitoring instrument/worksheets (See Attachment 3). . - The service'provider is encouraged not to limit its inspection to only the processes outlined in the Govermnent?s standard; however, certain key documents must be produced by the provider to assure the that the Services meet the performance standards. Some ofthe documentation that must be generated and made available to the COTR for inspection is listed below. The list is intended as illus1rative and is not all?inclusive. The service provider must develop and implement a program that addresses the Speci?c requirement of each standard and the means it will use to document compliance. Attachment 3 Page 2 of 33 - Written policies and procedures to implement and assess Operational requirements of the standard Documentation and record keeping to ensure ongoing operational compliance with the standards inventories, logbooks, register of receipts, reports, etc.) Staff training records . Contract discrepancy reports (CDRs) Investigative reports Medical records Records of investigative actions taken Equipment inspections System tests and evaluation coo-.00- 4. METHODS OF SURVEILLANCE The Government will inspect the service provideris facility and operations using worksheets it developed for this purpose. All facilities will be subject to an annual full facility review using the procedures outlined in the Detentidn Management Control Program (DMCP) as well as the ACA Standards for Adult Local Detention Facilities (ALDF). The Government?s annualfull facility reviews will use the monitoring instruments embedded in the standards. - - Facilities with 500 beds or more have an on~site COTR and/or designees who will perform regular and more ?'equent inspections using the worksheet in Attachment 3. This worksheet, which distills some 600 review areas included in the standards, will help the COTR or designee assess overall performance, by reviewing Speci?c items within the 9 '?inctional areas on a daily, weekly, and/or quarterly basis. Both annual and routine inspections will include a review of the service provider?s QCP activities including the reports and results generated by - them. - The COTR or designee will evaluate the service provider?s performance by conducting site visits to assess the facility and detainee reviewing documentation, and interviewing the service provider's personnel andfor detainees. NOTE: For day-to-day activities,_ the Government will conduct its surveillance using the Worksheets created for this purpose, along with the Contract De?ciency Reports See Attachment 2) and the ?Contract Performance Monitoring Tool? set forth in Attachment 3. Where standards are referenced for annual review purposes, the ?Monitoring Instruments? and ?Veri?cation Sources? identi?ed in the DRO standard will be used. 4.1 Site Visits: Site visits are used to observe actual performance and to conduct interviews to determine the extent of compliance with performance standards, and to ensure any noted defects are effectively addressed and corrected as quickly as possible. Sites with 500+ beds will have an on?site COTR designee. Routine reviews may involve direct observation of the service provider personnel performing tasks, interacting with detainees and other staff members, and! or reviewing docurnentation that demonstrates compliance with the DRO standards. On-site inspections may be performed by the ICE COTR or by other parties designated as representatives of ICE. Attachment 3 - Page 3 of 33 Inspections 11133? be planned anneal inspections and the regular inspections identi?ed in Attachment 3) or ad-hoc. - 4.2 Ari?Hoe: These inspections are unscheduled and will be conducted as a result of Special interests arising ?om routine monitoring of the service provider?s QCP, an unusual occurrence pertaining to the agreement or other ICE concerns. These inspections may also be used as a followup to a previous inspection. Inspection ?ndings will be provided to the service provider . as appropriate. - When visiting a site, either the or a designated third party may conduct their own inspections of service provider performance activities, or accompany the service provider?s designated Quality Control Inspector (QCI) on scheduled inspections. The COTR may also immediately inapth the seine area as soon as the QCI has completed the quality control inspection to determine if any surveillance areas were overlooked. The COTR may also inspect an area prior to the QCI and compare results. The COTR will record all ?ndings; certain de?ciencies noted will be provided in writing and must be corrected within a reasonable amount of time (See Attachment 2). 4.3 Review of Docun?rentation: The service provider must develop and maintain all documentation as prescribed in the performance standards post logs, policies, and records of corrective actions). In addition to the documentation prescribed by the standards, the service provider must also develop and maintain documentation that demonstrates the results of its own inspections as prescribed in its QCP. The COTR will review both forms of documentation to af?rm that the facility conditions, policies/procedures, and handling of detainees all conform to the performance standards stated herein. When reviewing the service provider?s documentation, the Government may review 100% of the documents, or a representative sample. Documentation may be reviewed during a site visit, or at periodic points throughout the period of performance. 4.4 Interviews and Other Feedback: The COTR will interview key members of the service provider?s staff, detainees and other Government personnel to ascertain current practices and the extent of compliance with the performance standards. 5. FUNCTIONAL PERFORMANCE AREAS AND STANDARDS To ?cilitate the performance review process, the required performance standards are organized into nine '?mCtional areas. Each functional area represents a proportionate share weight) of the invoice amount payable to the service provider based on meeting the perforr'nance standards. Payment withholdings will be based on these percentages and weights applied to the overall invoice. . ICE may, consistent with the scope the agreement, unilaterally change the ?Jnctional areas and associated standards af?liated with a speci?c functional area. The Contracting Of?cer will notify the service provider at least 30 calendar days in advance of implementation of the new standard(s). If the service provider is not provided with the noti?cation, adjustment to the new standard must be made within 30 calendar days after noti?cation. If any change affects pricing, Attachinent 3_ Page 4 of 33 the service provider may submit. a request for equitable price adjustment in? accordance with the . ?Changes? clause. ICE the right to develop and implement new inapection techniques and instructions at any time during performance without notice to the service provider, so long as - the standards are not more stringent than those being replaced. 6. FAILURE TO mar PERFORMANCE STANDARDS Performance of services in conformance with the PRS standards is essential for the service provider to receive ?ill payment as identi?ed in the agreement, The Contracting O?cer may take deductions against the invoices for unsatisfactory performance documented through surveillance of the service provider?s activities gained throughsite inspections, reviews of decomentation (including QCP reports), innarviews and other feedback. As a result of its surveillance, the service provider will be assigned the following rating relative to each performance standard: Rating Description - Acceptable Based on the measures, the performance standard is demonstrated. De?cient Based on the measures, compliance with most of the atn'ihutes.lof the perfomance standard is demonstrated/observed with some area(s) needing improvement. There are no critical areas of unacceptable perfonnanee - At?Risk Based on the performance measures, the majority of a performance standard?s attributes are not met. Using the above standards as a guide, the Contracting Of?cer will hnplement adjustments to the service provider?s invoice as prescribed in Attachment 1. Rather than withholding ?mds until a de?ciency is corrected, there may be times when an event or a de?ciency is so egregious that the Government deducts' (vs. amounts from the service provider?s invoice. This may happen when an event occurs, such as sexual abuse, when a particular de?ciency is noted 3 or more tinies without correction, or when the service provider has failed to take tinier action on a de?ciency about which he was properly and timely noti?ed. The amount deducted will be consistent with the relative weight of the functional performance area where the de?ciency was noted. The deduction may be a one-time event, or may continue until the service provider has either corrected the de?ciency, or made substantialprogress in the correction. - . Further, a de?ciency found in one functional areamay tie into another. If a detainee escaped, for example, a de?ciency would be noted in ?Security and Control,? but may. also relate to a . de?ciency in the area of ?Administration and Management.? 7. NOTIFICATIONS Based on the inspection of the service provider?s performance, the COTR will document instances of de?cient or at?risk performance noncompliance with the standard) using the CDR located at Attachment 2. To the extent practicable, issues should be resolved Attachment 3 Page 5 of 33_ informally, with the COTR and service provider working together. When documentation of an issue or de?ciency is required, the procedures set forth in this section will be followed. When a CDR is required to document performance issues, it will he submitted to the service provider with a date when a response is due. Upon receipt of a CDR, the service provider must immediately assess the situation and either correct the de?ciency as quickly as possible or prepare a corrective action plan. In either event, the service provider must re?ne the CDR with the action planned 'or taken noted. After the COTR reviews the service provider?s response to the CDR including its plan/remedy, the COTR will either accept plan or correction or reject the correction/plan for revision and previde an explanation. This process should take 'no more than One week. The CDR should net be used as a substitute for quality control by the service provider. I The COTR and CO, in addition to any other designated ICE o?icial, shall be noti?ed intuiediately in the event of all emergencies. Emergencies include, but are not limited to the following: activation of disturbance control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work?place violence, civil disturbances! protests); staff use of force including use of lethal and less-lethal force (includes inmates in restraints morethan eight hours); assaults on sta?/iinnates resulting in injuries requiring medical attention (does not include routine medical evaluation after the incident); ?ghts resulting in injuries requiring medical attention; fires; hill or partial lock dawn of the facility; escape; weapons discharge; suicide attempts; deaths; declared or non-declared hunger strikes; adverse incidents that attract unusual interest or signi?cant publicity; adverse weather hurricanes, ?oods, ice/snow storms, heat-waves, tornadoes); fence damage; power outages; bomb threats; central inmate monitoring cases admitted to a community hospital; witness security cases taken outside the facility; signi?cant environmental problems that impact the facility operations; transportation accidents (airlift, bus, etc.) resulting in injuries, death or property damage; and sexual assaults. Note that in an emergency situation, a CDR may not be issued until an investigation has been completed If the COTR concludes that the de?cient or at?risk performance warrants a withholding or deduction, the COTR must include the CDR in its report to DRO Headquarters, with a cepy to the Contracting O?cer. The CDR must be accompanied by the investigation report and written recommendation for any withholding. If contractual action including a withholding or deduction is apprOpriate, DRO headquarters will forward the CDR and supporting information to the Contracting Of?cer for action. The Contracting 'O??icer will consider the recommendation and forward the CDR along with any - relevant supporting information to the service provider in order to con?rm or further discuss the prospective cure, including the Government?s proposed course of action. As described in section 7 above, portions of the invoice amount may be withheld until such time as the corrective action is completed, or a deduction may be taken (6) Following receipt of the service provider?s noti?cation that the correction has been made, the COTR may re?inspect thefacility. Based upon the ?ndings, he will recommend that the Contracting Of?cer continue to withhold a proportionate'share of the payment until the Attachment 3 I . Page 6 of 33 correction is made, or accept the correction as ?nal and release the full amount withheld for that issue. If ?mds have been withheld and either the Government or the service provider terminates the agreement, those ?mds will not be released. The service provider may only receive wi?iheld payments upon successful correction of an instance of non-compliance. Further, the service provider is not relieved of full performance of the required services hereunder; the agreement may be terminated upon adequate notice ?om the Government based upon any once instance, or failure to remedy de?cient performance, even if a deduction was previously taken for any inadequate performance. The COTR will maintain a record of all open and?resolved CDRs. 3. DETAINEEHVEEMBER OF PUBLIC The detainee and the public are the ultimate recipients of the services identi?ed in this agreement. Any complaints made known to the COTR will be logged and forwarded to the service provider. for. remedy. Upon noti?cation, the service provider will be given a pre? speci?ed number of hours after verbal noti?cation from the COTR to address the issue. The - service provider will submit documentation to the COTR regarding the actions taken to remedy the situation. If the complaint is found to be invalid, the service provider will document its ?ndings and notify the COTR. . 9. ATTACHMENTS 1 Performance Requirements Summary -2 A Contract Discrepancy Report 3. Performance Monitoring Tool Attachment 3 Page 7 of 33 . QUASP Attachment 1 Performance Requirements Summarjr . in ACCEPTABLE FUNCTIONAL PERFORMANCE PERFORMANCE METHOD OF WITHHOLDIN WEIGHT STANDARD MEASURE - SURVEILLANCE QUALITY LEVEL 031.1" Em Accommodations for Perfonnance measures - Annual review of facility Performance fully A rating of De?cient on any are tempted in the using Detention Ivianegerneni~ complies with all three of the standards will monitoring instrument Control Program (DCMP) elements of standard. at a result in a 10% withholdingin Contractor Quality that accompanies each procedures and based upon the level no less than the invoiced per-dicm Control, Assurance standard or in the performance standard acceptable (See Section day rate until compliance . performance accordance with the contract ?dmj??mn mg monitoring 1:001 issued performance munitormg tool A rating ofAt-Risk 011 any of of ti :1 by the (see attached) the St??d?I?dS will in 3 WW corrective action plan results. invoiced per-diam day mum - Ari-hoe reviews as needed rate until compliance with the - minim? Bag-as: - I Review ofeervioe 51:33 a? 15 ?5'3 She - (ICE provider?s quality control Standard) program monitoring reports CDRs Whom . a {Demo ilcsAdministration and ace Standard) . - t, Management 1 . til/h . (Addresses facility policy . . . ?lm 3 i 15[ development, mtemal Inspection and reviews, detainee records, I administration and orientation, (ICE Standard) personal property and monies, as a1 - release and accommodations for Pro :1 5, (ICE Standard) the disabled) mm Emmi!) Policy Develolament - and Monitoring 4? ALDF-TD-OG Attachment 3 Page 8 of 33 FUNCTIONAL WEIGHT PERFORMANCE STANDARD PERFORMANCE MEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHHOLDIN CRITERIA Health Care. (Addresses overall access to routine, chronic health care, mental health, emergency health and dental services provided by the institution Communicable Disease Qeaim?tmasr ?akes (ICE Standard) Experimental ReSCarch Magnum M. at calth . manna 93m: (ICE Standard) 7' 'ce 0 humanism ?gigide Pmn?on (ICE Standard) mm mm Immune - Winning animate. (ICE Standard) MW term' df) Performance measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR I Annual review of facility using Detention Management Control Program (DCMP) procedures and based upon the performance standard Periodic reviewsin accordance with the attached performance monitoring tool review of correctiveaction plan results. Ad-hoc reviews as needed CDRs Performance fully complies with all elements of standard at a level no less than acceptable (see Section 7 Ofthe QASP) A rating of De?cient on any two of the standards will result in a 15% withholding in the invoiced per-diem clay rate until compliame with the standard is established. A. rating of At-Risk on any of the standards will result in a 15% withholding in the invoiced per-diam I rate until compliance with the standard is established. Attachment 3 Page 9 of 33 FUNCTIONAL PERFORDIANCE PERFORMANCE ACCEPTABLE METHOD OF - WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Detainee Smtles 4- Perfonnance review of - Performance fully A retitlg of De?cient on?any I measures are corrective action plan results. complies with all two of the standards will result Egg-Wm re?ected in the . Ad.hoc reviews as needed elements of standard at a in a 15% withholding in the I W1 Riga: I (ICE monitoring CDRs level no less than I invIoiced per-diemI Standard) instrument that . Rev-15w of service acceptable (see Section day rate until compliance t; - eI do accompanies each Provider?s qua?ty control 7 of the QASP) the standard is established. bl I Stallde 01' in the program monitoring reports ula. supplemental and output data A rating of De?cient on A rating of At-Risk on any of Us; g?grcg (ICE performance any three of the the standards will result in a Standard) I monitoring tool standards will result in a - 25% withholding in- the id 6 issued by the corn 25% withholding in the invoiced per-Intern a! invoiced per- day rate until compliance with Del .I I: Iims?: 5 (ICE 0 Annual review dient clay rate Iuntil the standard is established. Standard) of faciliw using compliance With the I - _i Detention standard is estabhshed. 1e 81! Management - Control Program I i (DCMP) procedures Security and - sears ace smears andhased upon the (HEW I performance Control (25 A1) I I new ?all standard (Addressesmst orders, permanent gaggmm 01 0 Periodic rcviews logs, security features, security 23% 4. in accordance with inepectrons, control of contraband, ALDF.7B.14 the contract detainee searches, detainee - (ICE performance accountability, .use of force, non~ Standard) monitoring tool (see routine use of restraints, tool and attached] equipment control, detainee discipline; supervision for special housing, I contingency and emergency plans.) I malice (ICE Standard) ual Attachment 3 Page 10 of 33 FUNCTIONAL PERFORMANCE PERFORMANCE WEIGHT STANDARD NEEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL CRITERIA Mama; it? Iin mam Standard?1311 (ICE Standard) ov mce in ten i0 Eacili?g: (ICE Standard} - o] antrg] (ICE Standard) Mummy con . MMQCE - . Standardmm?mm. Wm Permanent Logs 4- I mam Standard) . an?gr Bcvicgrg (ICE StandardSexual Assault 4113-22?3 Attachment 3 Page 11 of 33 AREAK PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITBI-IOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Erasmus) (ICE Standard) em! 0 i tran . Weapons Control 4- -04, 4-ALDF- 213-08, mm Perri-?11131103 - Annual review of facility Performance fully A rating of De?cient on any 0? if? f7 ?11539? (ICE measures are using Detention Management complies with all the standards will result in a re?ected in the Control Program (DCMP) elements of stande at a 10% withholding in' the . mm {monitoring procedures and based upon level 119 less than invoiced per-diets day lnsh'ument that the performance standard acceptable (see Section rate until compliance with the accompanies each 0 Periodic review in 7 of the QASP) standard is established. . mic dads Standard or in accordance With the attached Food Sew] cc. (ICE Standard) supplemental perfommca monitoring tool A rating ofAt-Risk on any of (Addresses basic sanitation and WW ?View Of the Stalidards ti? Fem? in a. adequacy of varied meals and Wit?V immtomg'm?? action Plan ?sum 10% ?#1014133 the. special diets provided to be Issued-by the COTE. . reviews as needed- invoiced per-dicta day - . CDRS rate until compltance With the detainees) 'st'andard is established. . Attachment 3 Page 12 of 33 FUNCTIONAL PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDIN WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Perfonnance measures . Annual review of Performance fully A rating ofDe?cient on any are rF?ef?te?! "1 the facility using complies with all two of the standards will result . m, monitoring instrument Detention elements of standard at a in a 2.5% withholding in the my . that accompanies each Managcment Conn-o} level no less than invoiced per-diam day . - ?m standard or In the program (DCMP) acceptable (see Section rate until compliance with the and Detaln ee snaffplemental 'procedures and based 7 Of the QASP) standard is established. - 13mm mini? 4. 0111131103 on the erfonnance i - commumcatmn Amines, monitoring tool issued standard Arating ofAt-Risk on any of 73.10 by the COTR . Periodic reviews in the standards will result in a (Addresses methods of 3! I in accordance With the 25% ?#11101?ng communicating with detainees, Qummlmiga?on (ICE attached Performance mum): mvmc?d day detention/correctional staff Standard) monitoring ??01 rate until .comp han mm the I . .ng diYersity, and the .f ce- . revie?w of IS CSta-hIISth. detainee grievance process) mam?m] Ed! gift?? mm? Pia? - ,Ad-hoc reviews as needed I CDRs Performance measures - Annual review of facility 'Performance fully A rating of De?cient on any $305 are re?ected in the using Detention Management compiles with all two of the standards will mm i I monitoring instrument Control Program (DCMP) elements of standard at a result in a 10% withholding - lib). mm {d i that accompanies each procedures and based upon the level no less than in the invoiced per- ugygemirgm EQ Standard or in the performance standard acceptable (see Section diem day rate until gum-mg and Bad-mg supplemental . Periodic reviews in 7 of the QASP) compliance with the (ICE Standard) perfonnanee moi-dance with the, attached standard is established. :fh i we monitoring too issued crformance monitorin tool Safety and osanltatlon mm by the . re?ew of A rating of At-Risk on any of - - Ad-hoc reviews as needed 10% Withhoming in the (Addresses the adequacy of ?re safety CD113 Per-dim day programs, the control of dangerous rate until compliance With materials??e general facility standard is established. environment (including air quality, noiselevels, and sanitation and hygiene programs), the adequacy of clothing and bedding, and from infectious diseases) . Attachment 3 Page 13 of 33 PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHI-IOLDING EIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA 6 Performance measures - Annual review of facility a Performance full A ratio of De?cient on an . are re?ected in the using Detention Management complies with ally two of tghe standards will reiult (hm?5W monitoring instrument Control Program (DCMP) elements of standard at a in a 10% withholding in the Eda man that accompames each procedures and based upon the level no less than invoiced per?diam day Si? - Standard 01' In the performance standard acceptable (See section rate until compliance with the M113 (ICE I Periodic reviews in 7 ofth QASP) standard is established. Standard) I Perf??rm_a??e accordance with the attached Wm monitoring tool Issued performance monitoring tool - A rating on any of .. ?ta! by the COTR review pf the standards will result in a . corrective action plan results. I 10% ?@101de in the invoiced per-diam day - as We; ([05 -. . Ari-hoe reviews as needed Standald) CDRS rate until compliance with the standard is established; li . all mussel Sew-"ices and H. (ICE Programs 5mm) (Addresses detainee WEN security classi?cation, 2?19 religious practices, work Mag-gage Rggm? (ICE assignments, availability of Standard) - exercise programs, access .ice to to legal materials, access to legal representation, access - 313mm .- - to a telephone, the handling - of detainee mail and other correspondence, and ?gda?d?duc . visitation privileges) uni?escortpd?) Eecregjtg' (ICE Standard) gg?doc Wan Wadi) Attachment 3 Page 14 of33 FUNCTIONAL WEIGHT PERFORMANCE PERFORMANCE NIEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHHOLDING STANDARD (ICE Standard} :fr? CRITERIA oe ib cloth. gages; (ICE Standard) ice do mm - ?gpg Brenna (ICE Standard) Widest-mam ii sfdrof sman . motorised) tion (ICE Standard) 1 I I uaifgisigiggm Staff Background and Reference Checks (Contract) 4-ALDF- 73-03 Staff Misconduct 4- Staf?ng Pattern . Compliance within monitoring tool issued 10% of required by the COTR (Contract) . 2A-14 Staff Training, licensan. and Credentialing (Contract) 4-ALDF- 40-05. 4-ALDF-7B- 05, 4-ALDF-7B-DB A rating of De?cient on any three of the standards will result in a 15% withholding in the invoiced per-dicta, day rate until complimeewith the standard is established. Performance fully complies with all elements of standard at a level no less than acceptable (See section 7 of the QASP) Performance measures I are re?ected in the monitoring histrument that accompanies each standard or in the supplemental . .. performance Annual reviewlof facility using Detention Management Control Program procedures and based upon the performance standard Periodic reviews in accordance with the attached contract monitoring tool review of corrective action tillan results. 0 Ad-hoc reviews as needed CDRs Workforce. Integrity (15 (Addresses the adequacy of the detentiOn/correctional of?cer hiring process, staff training and licensing! certi?cation and adequacy of systems to report and address staff - misconduct) A rating of A's-Risk on any of the standards will result in a 15% withholding in the montth invoiced per-diem day" rate until compliance with the standard is established. Attachment 3 Page 15 of 33 FUNCTIONAL PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING. WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL - CRITERIA Diserintina?ou Permanence measures are 0 Annual review of facility using Performance fully complies A rating of De?cient on the Prevention 4-ALDF- re?eeted the Detention Management Control all elements of standards win result in a 2.5% 63-02-03 momtonng instrument Pro am (DCMP) rocedurea and standard at a level no less . g! withholding in the that accompanies each based upon the performance than acceptable (580 invoin Pdicm an - standard or in the standard Section 7 ofthe QASP) . p6. . vetalnee - supplemental Periodic reviews in accordance I 1mm compliance .wuh the Discrimination (2.50/5) Ferli?onnat?c; with the attached per-romance Standard is mamma- - I on issue monitoring tool (see attached) . . (Addresdses illegdeqliacy of potholes - . review of comma . A mung ofAtuRlsk on any of d. I 13mm Pr9Ven . action plan results, the standards wiil result in a I. 0 rs?unrnattgu agamst detainees Ari-hoe reviews as needed 2.5% witliholding in?the err gen.- er, racet re ig'ron, na Iona . invmced per-diam day . origin, or disability) rate until compliance with the standard is established. Attachment 3 Page 16 9f 33 QUASP Attachment 2 - Centract Ojserep?ney Report CONTRACT DIS CREPAN CY REPORT 1. CONTRACT NUMBER Report Number: Date: 2. TO: (Contractor and Manager Name) 3. FROM: {Name of COTE) DATES CONTRACTOR av CONTRACTOR RESPONSE DUE REIURNED CONTRACTOR COMPLETE 4. DISCREPANCY OR PROBLEM (Describe in Detail: Include reference In Db?edlve: Arron}; mtimalion :heel ffmcessam) 5. SIGNATURE OF CONTRACTWG TECHNICAL REPRESENTATIVE (com) 6. T0: (com) 7. FROM: (Gunmetal) 8. CONTRACTOR RESPONSE AS TO CAUSE, CORRECTIVE ACTION AND ACTIONS TO PREVENT RECURRENCE. ATTACH CONTINUATION SHEET IFNECESSARY. (Cite appdicabie QA. program procedures or new A. BC prodadwes.) 9. SIGNATURE OF CONWCTOR 10. DATE 1. EVALUATION OF CONTRACTOR PLAN: (Acceptable response/plan. panic! accepfmce afraspame/plm, mjec?m: attach continuation sheet ?nes-essay) 12. GOVERNMENT ACTIONS (Paynenr cure notice, Show cause, other.) 'cL?s??iJ'f SIGNATURE DATE CONTRACTOR COTE CONTRACTING . OFFICER. Dedicated IGSA ICE.2012FOIA3030001413 . US. Immigration 5 and Customs Enforcement Detention and Removal Operations Performance Monitoring Tool Facility Name: - Month/Yearlat" . .. r' a" 3' ui'ui'rLE-w was! a! :1 Ira-are?: "nuisawsa?lWilli?? :1 was are: I ?aunties "East's-m sanstasis sitar ?intensi?esIn? Ema? I :al?uau "-1541; i. Lair! all?ll?ill! it" in. -. A initial classi?cation B. Medical screening taking place within tinie?'ames C. Inventory detainee personal effects D. F. Detainee funds accountability in place for admin/release All visual searches documented and are not routine in procedure Appropriate clothing and bedding issued Orientation material in English, Spanish or most G. revalent second Iangua lixi" in?? 1' . I Hr Lat" 9.31. e? ?s ah? Wrist?? 'ia'lii?? - it": 1""??L?iy?uug? 5 :Ei?iilii i: Email?; (1.. inl?mgq- A. All detainees classi?ed appropriately upon arrival Reassessment and reclassi?cation process in place Housing assignments are based upon classi?cation I). Work assignments are based upon classi?cation system Detainees are assigned color coded uniformsiwrist bands . to re?ect classi?cation level a A. Policy in place. for handling contraband Contraband disposed of properly and documented Facility staff make a concerted effort to control Dedicated IGSA Template . Page 18 of 33 3?1 . at {all A Incoming mail scree and delivered daily i - B. Outgoing mail screened for contraband C. Legal mail opened in ?'ont of detainee Incoming fluids processed properly . Rules for correspondence and other mail posted in housingth or cominon areas, and detainee handbook Facility has a system for detainees to purchase stamps SMU has same correSpondence privileges as general G. ulation I .. safari $51: pi and E, . w? .nI; 131g?; H11 LI v- I {141'is: ~51 Sta? aware of handbook contents and follow procedures Available in both English and Spanish and/or second most pgvalent language . Handbook is updated as necessary Orientation inaterial available to illiterate detainees I it'd} if Pia" I it's HearEul??ri??'dgf I. .u a ?rags-b. ?ne" - . ?1'5 mil .. .51 i. is 1:9. . ?ii lk?li?i - :fgii?a?figg} .3 -411 n? lm? . "in: Aims 1 Es: ?inl'i - i: a "rising? T. min-Hr- ":23 sisal?! aniline :snaananniesans; 1992Elm-.5 Detention ?le created for each new arrival A. Detention filescontain documents generated during B. custody Detention?les maintained in a secure area Rules of conduct/sanctions provided in visiting Incident reports investigated within 24 hours Disciplinary panel adjudicate infractions Disciplinary sanctions are in accordance with standards 3. one? Dedicated IGSA Template I Page 19 of 33 I . . Ff "aiail ?Enl - :1 no? I . 'ii?li?l-??i?ili Una: page: ?1 grunts-what~11qu ligmg; pg'y?a- 6,11111;- chm-1i: jugr- l5: do.? :1 .1 I .??lngulr?: I '3 "q I 333 fill-1 I - - .ti steels teases:attains:liaise mules) :ftlz'saa-m" -: Staf trained A B. Written plans C. Evacuation routes primary and secondary . A complete set of emergency plans-is available . Staff work sto a lan is available 3' t. . ?in? ?le 'i in?; a lit? ?Issu'tsfua?air .-.. gett elm?Wei fia?'iu?. .shill t. at a .115?! .111. .. .,l"sas i1: l? .I'ut Etimtl. "i-"Ehli 13- lh?p'il em" 5 ?53:95 ii I a. "b *l?qt ?l System for storing/issuing/maintammg hazardous materials . Complete inventories of hazardous materials maintained A complete list of MSDS readily accessible to staff and detainees Fire Conduct ?re/evacuation drills according to schedule/standard Staff trained to prevent contact With blood and bodily. ?uids Emergengx generators are tested bi-weekly Every employeeand detainee using toxic, or caustic materials receives advance training in their use, H. storage, and disposal . SafetyOf?ce (or of?cer) maintains ?les of inspection I. reports; Including corrective actions taken J. Facility appears clean and well maintained All ?ammable and combustible materials (liquid and aerosol) are stored and used according to label K. recommendations page we glen Dedicated IGSA Template . Page 20 of 33 I I . ?11ll? ??lial! Fit-Edi} 1i Fl 5 In; t" 1511-12 1, l1 ?lntm" - r-gn H1: visa; -1 a .. it.? it? . tastes: as ?iitii it t; attest itdairies-1? ?first: shiatsu}. i- 1- Praisiai?tFif. 'trtliri dell- The Field Of?ce Director considers and approves, on a case-by-case basis, trips to visit an immediate family A. member in accordance with standards . .i . . .. i" 3a 7r?? Fi? ?r .h?eg- ?ilwn? '1 liq-"Ll diil?i?. i1 [3115? 'i I EjJ?iifii?li ?1 ?Eh; I ?jg-It.? an; Igus'g i?I?i-l .. i fir Staff are required to conduct security check of assigned areas All visitors officially recorded in a visitor log book Front entrance staff inspect ID of everyone entering/exiting Maintain a log of all incoming and departing vehicles Housing unit searches occur at irregular times Area searches documented in log .book fence checks completed and logged Facility administrator or designee and department heads visit housing units and activity areas weekly Of?cers monitor all vehicular traf?c entering and leaving the facility - .3 9331191530 z?i The facility has a written policy and procedures to prevent the introduction of contraband into the facility or J. any of its components Security of?cer posts located in or immediately adjacent to detainee living areas to permit of?cers to see or hear and respond to emergency situations. Personal contact and interaction between sta? and detainees is K. required and facilitated - Daily procedures include: perimeter alarm system tests; physical checks of the perimeter fence; documenting the L. results DedicatedIGSA Template. - Page 21 of33- Tools being taken into the secure area of the facility are M. ins acted and inventoried .sligii' a .5555 ?is, atdlm'il listsin: bunkstimid A. Appropriate security measures for sharps are in place Appropriate food temperatures are maintained for both E. hot and cold food - Food Service department. maintained at a high level of C. sanitation - Detainees receive safety and appropriate equipment D. training prior to beginning work in department E. A minimum of two hot meals served daily - F. G. H. I. Facility has a standard 35 day cycle menu A registered dietician conducts nutritional analysis All menu changes documented Common fare menu for authorized detainees . Weekly ins actions conducted and documented L4 3 i .. . . is!? ml ii]? ?5'21: 15:? trig; {li?ii . it :3 . - link i Erin?s! ol' -- minu.? 'I?ft: . IE 1- I 11-.: . 1 I ?'?ii?luni {a . lull . ll" .1: amt .15 ILEHR- w. 1.91531,? .3113}! 32.55" MEN liili?l?ri 9532.14 5 El. 1 .. a? Funds/valuables documented on receipt staff tamper-proof numbered strap as. Hi! till? he . . Inventory personal property/?mds is. maintained . Detainees property searched for contraband Staff forward arriving detainees medioation to medical Detainee funds are deposited into the cash box . Staff secure every container used to store property with a Quarterly audits of detainee baggage luggage are conducted, veri?ed, and lo ged P'n mp one Dedicated Template - Page 22 of 33 a . aim] - "x .Ei' Jilil'lfriisglil' ?i 3153.. :5 9. g'fil??l {3&3 :31 Ill lg?, 1153' - . I Elli: I mi' I A Grievance procedures 111 place - Staii? awareness of procedures for emergency B. grievances C. Grievance log is utilized w. Staff forward any grievances alleging staff misconduct to ICE Informal resolution to a detainee grievance documented in- detention ?le 1. 5 1 ?s I ?wd?l- ?lls-algae. [is It?? in if: Detainees are not held in hold rooms longer than 12 A. hours I All detainees pat searched prior to placement in hold . room . Maintain detention log for each detainee in hold room C. D. Written evacuation plan posted for each hold room .. 3asweat. it as? i Hold rooms contain suf?cient seating for the number of detainees held . No bunks/cots/beds or other related make shift . sleeping apparatuses are grati?ed inside hold rooms . Male and females are segregated from each other at all times - - Detainees are provided with basic personal hygiene items such as water, soap, toilet paper, cups for water, H. feminine hygiene items, diapers and wipes Of?cers closely supervise the detention hold rooms. Hold rooms are irregularly monitored every 15 I I. minutes A. Procedures for referring detainee to medical if Dedicated IGSA Template - . Page 23 of 33 . verbally refused or observed refusing to eat beyond 72 hours . a an t- ~i B. Staff receive training in identi?cation of hunger strike I C. Process for determining reason forhunger strike 55:? [a m. . 1 act that- 9a. sttava. I. lit ?3 fir": 1e are ill-1.! line-ital? -. as: 'Eat stir-r a. a . state" a .11 ?3 int-? a1; tilt-?tin stat lam .. it - latticiit tire tsitf?dalil?llitlFall?? i351?: dill-t a 211? "it lindlli??al "it will: A. Maintain inventories of all keys/locks/locking devices Emergency keys are available for all areas of the facility Chit system used to issue security equipjkeys/radios' ?Policy regarding restricted keys present and followed by staff Facility has a key accountability policy and procedures to ensure key accountability. The keys are E.- physically counted daily $3.053? Looks and locking devices are continually inspected, maintained, and inventoried Jug} 1? .ml?q t- '3 .I glide r11 1: 1 -r alpaca-.5. 1 ?1ng dull:ail! .u -- Ila - raglan-ElurnI .?it as"! was}? Hat??is: ?inf-Jun i'?ln?n?r- L. L- .. slh?id'?'ll??i?ilkigl rsm- 1112 will?? l?r 4 mil-1km- li lead?? ?1-43: "is wt: i'ilL .a . s' at alas - .-. suites all? listenedslant} {liar-?lila?tiliait?s tales . ?le-I?d ii as Adequate equipment is available for detainees A Legal materials/law library current and available for B. detainees C. Detainee access provided to include SMU . Denials documented Schedule for use implemented 5 hours weekly per detainee Access to legal material within 24 hours of written . request Indigent detainees provided ?ee stamps/envelopes for G. legal matters 19. Group Presentations on Legal Rights Dedicated IGSA Template i . Page 24 of 33 approved videos played for all incoming I detainees I i -- i Posters announcing presentation appear in common . areas at least 48 hours rior to resentation n? . . J. Detainees in SMU receive separate presentation Facility ensures adequate presentations so all A. El lvz?iil 1' .IJ -. .. I 2L. Jami 913:. ins: ts?. ?stalls,ng am, will. Rigid diliilmitiil ?girlie stir in} '9 ?ir?h. wean. . sham-n: .. I. wit-1 Until: 3? . - Intake proc A. screening Sick call procedures established Adequate medical sta? available proportionate to C. population D. Pharmaceuticals stored in a secure area All detainees receive physical examination/assessment within 14 days of arrival Sick call slips available in English, Spanish and/or most prevalent second language The facility has a written plan for 24 hour emergency health care when no medical sta?? are on-duty or when immediate outside medical attention is required Medical records are available and transferred with the H. detainee I Records are maintained of medication distribution J. All sharps are under strict control and accountability K. A sharps container is used to dispose of used sharps The medical department is maintained at a high level Dedicated Template . I Page 25 of 33 . ii fl! ?i-?pliigf'l trier a a it A. ql?l?. . ?Sheets and toweis of sanitation il' ti: Tana" ?2 .T -. ii'i 1' 1 ii .. ?at, ig-u- 1a,. Clothing rovided on intake and exchanged weekly v11! an" - .: .s . exchanged'vveekly EH r-k?i, rji?n hil?lii?mn? "13' - if i Igliligh?dli' =le El F?gniill 'u .r It, .au 1? an.? 5 Ha_ [a i "-21.1 . a a Climate appropriate clothing issued and maintained in good repair Facility provides and replenishes personal hygiene items as needed,? at no cost to detainee- Showers operate between 100 degrees and 120 degrees smde Showers meet ADA standards and requirements .1 . . n' G. Food Service detainee volunteers exchange garments dail . ??li =3 . ?Su' _i a: 941: "is" a L, .n a at" e-nl. i? iti?i?tg ni . . it. sit: as" 1.. slain-a . I ?gag. i it g- Liqgi. . i] =i a Enid Estate. Every post has a post order, current signed by the facility administrator . . as: Staff conduct formal count at least once per 8 hour a shift/ 3x per day . At least two of?cers participate in count for each area, Recount conducted when incorrect count is reported Face to photo count conducted as necessary Each detainee ositivhel identi?ed during count . hit . inn-aa?n??f?iia innit-33W,? .5: . . .Iig' 1- .. Housing unit of?cers record all detainee activity in a log Supervisor visits each housing area once per shift Staff sign post orders, regardless. of whether the assignment is temporary, permanent, or due to an Dedicated IGSA Template Page 26 of 33 A3030001422 Anyone assigned to an armed post quali?es with the st before Outdoor/indoor recreation is ?ded Access to recreation activities 1 hour 5 da Staff conduct dail searches of recreation areas In unit activities are available Detainees are allowed to in re bus services Authorized religious items are allowed in detainee on Written order detainee laced in SMU SMU reviews are conducted in a timely manner '3 7 14 3060 - Detainees in SMU have access to 1 materials Detainees in SMU retain vile Maintain a permanent log regarding detainee related - activities SMU phone access same as general pop unless ex 11 is made Detainees in SMUs may shave and shower three times weekly and receive other basic services (laundry, hair care, barbering, clothing, bedding, linen) on the same G. basis as The administrator or visits each Dedicated IGSA Template I Page 27 of 33 I I SMU daily I A health care provider visits every detainee in a SMU at least 3): week, and detainees are provided any medications rescribed for them . . Detainees in are o??ered at least one hour of recreation per day, scheduled at a reasonable time, at least ?ve days per week. Where cover'is not provided to mitigate inclement weather, detainees are provided J. weather-appropriate eqtn'pment and attire When a detainee has been held in Admin Segregation for more than 30 days, the facility administrator noti?es the Field Of?ce Director, who noti?es the Deputy - sistant Director, Detention Management Division T?'i?ilf an; a . '1 I illiiced; 1 - i l?y {aka I I I . ?eeting?5.5 373331?? {'33 rs' {a 3117i: Iii}: safari-i ?ILiiii'" .- a Li!? gangs 41: id?: 531 I r. I: a will r'i: 1r" 1 Fl nausea-Elia {if-m! a t. align order accompany detainee placed in SMU SMU reviews are conducted in a tinieiy manner (3,7,14,3 0,60) C. Admin SMU detainees enjoy same privileges as gen pop D. Detainees in SMU have access to legal materials E. Detainees in SMU retain visiting privileges Maintain a permanent log regarding detainee related F. activities Written order accompany detainee placed in disciplinary G. SMU - Detainees in disciplinary SMU have access to legal H. materials I Detainees in disciplinary SMU retain visiting privileges Disciplinary SMU phone access limited to legal/consular I. calls . Dedicated IGSA Template . I . . Page 28 of 33 . Detainees in SMUs may shave and shovier three times Weekly and receive other basic services (laundry, hair care, harboring, clothing, bedding, linen) on the same - K. basis as the eneral po ulation . i Hits-,5} - 4.4.1. . f= . . The facility admihistrator (or designee) visits each SMU L. dain I A health care provider Visits every'detainee in a SMU at least 3x week, and detainees are provided any M. medications prescribed for them Detainees in the SMU are o?'ered at least one hour of recreation per day, scheduled at a reasonable time, at least ?ve days per week. Where cover is not provided to mitigate inclement weather, detainees are provided N. weather-a ro riate ui ment and attire 1,1. 15 ., r. ,?gl gnu-?2 I Lu I- ?tJ?lPi?ii: 5.. . - ?Iii .E . ?1 unii . m- 1- i'i - .: . hits a it- .1: will?: "deli 1 . Housing umt rounds conducted daily by security staff Housing unit rounds conducted daily by Deportation Sta?' Detainee requests answered within 72 hours ICE SDC visit schedules are posted in housing unit Request forms are available to detainees There is a secure box available for detainees to place requests in for ICE staff that is checked on a daily basis Unannounced ICE staff housing unit visits occur weekly Visiting staff observe, document and communicate current clirnate and conditions of con?nement .m ?Qr? Fig.0?? 3? The facility has a written. suicide prevention and A. intervention program approved and signed by the health Dedicated IGSA Template Page 29 of 33 anthority and facility administrator which is reviewed annually Every new staff member receives suicide-prevention training. Suicide-prevention training occurs during the B. employee Orientation program and annually thereafter The facility has a designated and approved isolation room for evaluation and treatment .0 I . a g. - rer2-5 [.12 . .s i ii l: Staff observes and documents the status of a suicide- D. watch detainee at least once every 15 minutes . . a. 'n -.-s i . in Isl." aft. . a i' =i'l?ii . - A. Upon intake, detainees are made aware of phone policies A - B. Out of order phones reported to service provider C. Telephones inspected regularly by staff D. Telephone access rules posted in each housing unit E. The number for the ICE OIG is posted in housing units F. . The pro bono list is posted in housing units G. Emergency phone call messages delivered to detainees H. Special access calls are available to detainees Noti?cation of telephone monitoring posted by unit I. hones . ?aim-4i}; a, . 1h- IE: ?i resales-ii wit" a 31351? I i .?i?iiy a - - Detainees who are chronically or terminally ill are A transferred to an appropriate off-site facility The facility. has written plans for addressing organ B. donations There is .a policy addressing Do Not Resuscitate Orders The facility has written procedures detailing the proper noti?cations Dedicated IGSA Template - - Page 30 01?33 I I 'u l? i i 49-1. . a .1: liih .. SE. i "?i?Jll lug-H" .mlliuin. ?atlit. via; areTool inventories conducted as speci?ed . Tools marked and readily identi?able Inventory made of all tools by contractors prior to enter C. Procedures for issuance of tools to staff and detainees and exit rill- lhdml?! . idyll?lfi" I3 A I There is an who is responsible for developing? a'tool control procedure and an inspection system to E. ensure accountability - A metal or plastic chit is taken in exchange for all tools issued, and when a tool is issued ?om a shadow board the receipt chit shall be visible on the shadow board- {?11 Broken or worn out tools are surveyed and disposed of in an appropriate and secure manner - ?33 Department heads are responsible for implementing proper tool control procedures as described in the H. standard . 'i'i'ln- ?q 1 nl- . Ii}; H. 'i J'i'r [fa I EH ?3 - ?milgaai?ii?ili:a'l.'ii Jug?! -- . xi - slit: .3: .a Detainee provided with detainee transfer noti?cation form Health records/transfer summary accompany detainee Funds and personal property accompany detainee pose A-File/worli folder accord an detainee Ll . I ?1 Documentation indicating safety rcpairs are completed immediately and vehicles are not used until they have A. been repaired and inspected, is available for review Of?cers use a checklist during every vehicle inspection Dedicated IGSA Template Page 31 of 33 Transporting of?Cers limit driving time to 10 hours in any 15 hour period when transporting detainees Two of?cers with valid Commercial Drivers Licenses, required'in any bus transporting detainees i ?3 -E ?5 it. - way radios, cellular telephones," Vehicles have 2 3 an?: hr I 1131., equipment boxes in accordance with the Use of Force standard Policies and procedures are in place addressing the use of restraining ui meat on trans ortation vehicles ?j :3 1135;" 5% . . Vehicles have yvritten contin ency lans on board um: i ire? girls has Bim?'ha?ilgr ?i?l i a .13Juggmifl? 5&2. Inga! . .w I diam 33!! ?ii .3"th 1 I I '?ill Policy governing immediate/calculated-use of force 3w a a: Iii415'; iimli: ?Egg ii; ?pqa' i In; r: E?JL?Zg'lA?E?qhgi - - an aid? iL?iiElgl I 1 "?l?i?sg All use of force incidents documented and reviewed Video tapes of incidents preserved/catalogued for 2 1/2 Detainee is seen by medical immediately after incident . .Facility subscribes to prescribed confrontation avoidance procedures Staff trained in use of force techniques Appropriate procedures in place for using 4 point restraints Medical staff consulted prior to deploying OC Spray in calculated use of force situations All electronic stun devices inventoried and used by facility must be approved by ICE National Firearms and Tactical Training Unit . Written visitation schedule posted and accessible to the A. public Dedicated IGSA Template Page 32 of 33 Generalvisitation log book maintained - . Visitor dress code enforced Facility complies with Visitation schedule Visitors are searched and identi?ed per standards D. Legal visitation available 7 days a week E. Current list of Pro Bono services posted in detainee housin - . .. Kalli-1 1m: 5: k3'n 6. .E.li ?ts-Lin! . "mi" I - I l. tg'ii?ga: ?h??Iihy lil?lig'. ?gi?'rif'i?lgnl pga {Iiilgn?llgg :r I i is? - .31 31-: -m in. I. . lug-n? intuit-it; is. as 1.1 Harts-i" A. voluntarsr work program Maintain a written chart with Work assignments/classi?cation level Facility complies with work hour and pay requirements for detainees - Detainees are medically screened to participate .mp0 in Detainees receive proper training and safety equipment Detainee housekeeping meets standards for neatness, cleanliness and sanitation :11 Dedicated IGSA Template I Page 33 of 33 ?ll?l'll small mama cam ?mama: - A 511mm: UNIT MANAGEMENT SERVICES PROGRAMS HEALTH SERVICES Warden Clerk Human Resources Assistant Assurance I STG Clerk Shift Of?cer Of?cer Entrance Of?cer Control Of?cer Recreation Of?cer Of?cer -T Of?cer ical Of?cer ehicla Detail Of?cer - InmkelRelease IntakeIRelease Of?cer hlef of Unit Manag - - I Administrative Clerk I Page1of3 loam swam mutual mu newsman 511m! Balls UNIT MANAGEMENT #1 Counselor Ill-145 Beds 4 two-man cells Control O??ioer Of?cer Of?cer - Phase II - 120-Beds 4 Control Of?cer Of?cer UNIT MANAGEMENT #2 bed dormitories Counselor Phase I - 246 Beds Control Of?cer WarehouselCommissgy Worker Maintenance Supervisor Maintenance Worker Food Service Manager Chaplain Contract Attorney Health Services Administrator Health Coordinator PIPA LPN Medical Records Clerk Page20f3_ Ht? martian Mammal: 511mm, Physician Dentist Dental Assistant chi lri . . - - - . Post posi?ons irideded in the Camembnaf O?'fcefjob classi?cation. .s Positions hired on a contractual arfee basis fer services rendered. Please note that this Is an operational staf?ng pattern for mplience. This pa?em is subject to change once all facility renovations have been completed. Page-Sofa mm mm: cum Ealnasmwomla STAFF . I 511 IRE Bells Page 1 Of2 . Emmi: anus . 511m: ms Iv? . am? a hous EICommissary orker - - Maintenance Supervisor Maintenance Worker - Food Service Manager . - Food Sewlce Supervasor I A I I cw: Post positions induded in the Conectionai O?'icerjab desmip?an. ?Positions hired under a contracaiai or fee basis for gembes rendered. W53 - . TITLE 29--LABOR PERT STANDARDS FOR FEDERAL SERVICE of Contents Subpart A Service Contract Labor Standards Provisions and Procedures Sec. 4.6 Labor standards clauses for Federal service contracts exceeding $2,500. The clauses set forth in the following paragraphs shall be included in full by the contracting agency in every 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 provisions of the Act and regulations of the Secretary of Labor issued there under (29 CFR part 4). Each service employee employed in the performance of this Contract/IGSA by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any page determination attached to this contract. i - If there is such a wage determination attached to this . Contract/IGSA, the contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the 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. (iiJSuch conforming procedure shall be initiated by the contractor prior to the performance of contract/183A work by such unlisted class of employee. A written-report of the proposed conforming action, including information regarding the agreement or disagreement of the_authorized representative of the employees involved .or, where there is no authorized repres?ntative, 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 reportdof the action, 'together with the agency?s recommendation and-all pertinent information including the position of the contractor and the employees, to the Wage: and Hour Division, Employment Standards Administration, U.S. Department Attachment 5 I 1 of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary. The final determination of the conformance action by the wage and Hour Division shall be transmitted to the Contracting officer who shall notify the contractor of the action taken.-Each affected 'employee shall be furnished by the contractor with a written c0py 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 various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems {Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifiCations based on the skill required and the duties performed. (B) In the case of a Contract/IGSA modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a Contract/IGSA under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such? conformed classification by indexing 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/ESSA 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 fellowed. - . (C) No employee engaged in performing work on this Contract/IGSA shall in any event be paid less than the currently applicable minimum wage specified under section 6(a) 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 commenbed Contract/IGSA work shall be a violation of the Act and this contract.{vi) Upon discovery of failure Attachment 5 - - 2 to comply with paragraphs through of this section, the wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced Contract/165A 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 contractor or any subcontractor of any other obligation under [[Page 42]] law or Contract/IGSA_for the payment of a higher wage to any employee. (2) If this ContractXIGSA succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same: services were furnished?in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this Contract/IGSA setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this shall pay any service employee performing any of the Contract/168A work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe_benefits and any prospective increases in wages and fringe.benefits provided for under such agreement. No contractor or subcontractor under this Contract[IGSA may be relieved of the foregoing obligation_unless the limitations of Sec. 4.1b(b) of 29 CFR part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Sec. 4.10 of 29 CFR part 4 that the wages and/or .fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in Sec. 4.11 of 29 CFR part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/168A was not entered into as a result of armIs-length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or AttachmentS ?v I ?3 administrative decision. 4.11 and parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor?s collective bargaining agreement are substantially at variance with those which prevail for services of a charaCter similar in the locality, andfor that'the collective bargaining agreement applicable to service employees employed under the predecessor was not entered into as a result of arm's~length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the Contract/IGSA or subcontract, in.accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award.of a Contract/IGSA or subcontract; 53 Comp. Gen. 401 11973). 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 fina The contractor and any subcontractor under this Contract/IGSA shall notify each service employee commencing work on this Contract/IGSA of the minimum monetary wage and any fringe-benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of - Labor {Publication WH 1313) shall be posted in a.prominent and accessible place at the worksite. Failure to-comply with this requirement is a violation of section 2(a) of the Act and of this contract. If) The contractor or subcontractor shall not permit any part of the services called for by this Contract/IGSA to - - be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the contractor or subCOntractor which are unsanitary or hazardous or dangerous to the health or safety of-service employees engaged to furnish these services, and the contractor or subcontractor-shall comply with the safety and health standards applied under 29 CFR part 1925. The contractor and each subcontractor performing work subject to the Act shall make and maintain fer 3 years from the completion of the work records containing the information specified in paragraphs tg)(l) 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 A- Division, Employment Standards Administration of the 0.8. Department of Labor: Name and address and social security number of each employee. (ii)The correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of_each employee. A - The number of daily and weekly hours so worked by each employee.9 f? (iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. I Attachments . 4 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 saction' shall be deemed'to be such a list. jvi) Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to - The contractor shall also make available a copy of thiS' Contract/IGSA for inspection or transcription by authorized representatives of the Wage and Hour Division. (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of -failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment or advance of funds until such violation ceases. (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. The contractor shall'unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or ?Regulations, 29 CFR part 4), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular - pay period in which such wages were earned or accrued. A pay period under this Act may not be_of any duration longer than 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 not 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/163A work. In_ such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in 'default-with any.additional cost. Attachment 5 5 The contractor agrees to insert these clauses in this section relating to the Service Contract Act of 1965 in all Subcontracts subject to the Act. The term contractor as used in these clauses in any subcontract shall be deemed to refer to the subcontractor, except in the term Government prime contractor. As used in these clauses, the term service employee means any person engaged in the performance of this Contract/IGSA other than any person employed in a bona fide executive, administrative, or professional capacity, .. as those terms are defined in.part 541 of title 29, Code of Federal Regulations, as of July [[Page44)) 30, 1976, and any subsequent revision of those regulations. The term service employee includes all' such persons regardless of any contractual relationship that may be alleged to exist between a-contractor or subcontractor and such persons. (2) The following statement is included in contracts pursuant to section 2(a) of the Act and is for informational purposes only: The following classes of service employees expected to be employed under the Contract/IGSA with the Government would be subject, if' employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits: . Mbnetary Employee class wage? fringe benefit I - $18.66 GS-09 $22.83 (11(1) If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the Contract/IGSA are provided for in a collective bargaining agreement which is or will be effective during any period in - which the Contract/IGSA is being performed, the Government prime . - contractor shall report such fact to the contracting officer, together with.full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made-upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of Contract/IGSA performance, such agreements shall be reported 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 Attachment 5 6 vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor?(3ec. 4.l?3 of Regulations, 29 CFR part the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of Contract/IGSA performance. Such list shall also contain anniversary dates of employment on the Contract/IGSA either with the current or predecessor contractors of each such service employee. The contracting officer shall turn over such list to the successor contractor at the commencement of the succeeding contract. Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in'Regulations, 29 CFR part 4. By entering into this contract, the contractor (and officials thereof) certifies that neither it {nor he or shei 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 aiGovernment Contract/IGSA pursuant to section 5 of the Act. (3) The penalty.for making false statements.is prescribed in the 0.3. Criminal Code, 18 U.S.C. 1001. a 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 conduot of Government business: (1)Apprentices, student-learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a) (1) or([Page 451] of the Service Contract Act without diminishing any fringe 'benefits or cash-payments in lieu thereof 'required under section 2(a) (2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student-learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525}. - . (3) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, studentulearners, 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, Attachment 5 I 7 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. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually.registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the regiStered program, espressed 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 redeived 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; '(2)The employees must be allowed to retain all tips (individually or .through a pooling arrangement and regardless of -whether the employer elects.to take a credit for tips receiVed); (3) The employer must be able to show by records that the employee -receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement ?applicable by virtue of section 4(a) of the Act. (r3 Disputes concerning labor standards. Disputes arising out of the. labor standards provisions of this Contract/IGSA rshall not be subject to the general disputes clause of this contract. vSuch disputes shall be resolved in accordance with the procedures of Attachment 5 8 I Fi? the Department of Labor set forth in parts 4, 6, and 8. Disputes I '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 or their representatives.(The information collection, recordkeeping, and reporting requirements contained in this section have been_approved by the Office of Management and Budget under the following numbers: [[Page 46]] - Paragraph number (bT(1215- 0150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215- 0150 . . . . . . . . . . . . 1215* 0017 . - - . . . . . ., . . . . . . . . .1215? 0150 . . (1215? 0150 - . . . . . . . . . . . . . . . . . 1215- 0017 49762, Oct. 27, 1983; 43 FR 50529, Nov. 2, 1933, as amended at- 61 - . - FR 68663, Dec. 30, 1996] I 9 DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION -WASHINGTON, DC. 20210 REGISTER OF WA GE DETERWATIONS UNDER THE SERVICE CONTRACT ACT By direction of the Secretary of Labor . Wage Determination No.: 2008-0363 Shirley F. Ebbesen . . Division of Wage - - Direotor Detenninations ReViSion No': I Date of Last Revision: 10/22/2008 State: Georgia Area: Georgia County of Hall 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 Hall County Jail in Hall County, - - The wage rates and ?finge' 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, 2003. UNIFORM ALLOWANCE i If employees are required to wear uniforms in the performance of this contract (either by the tenns of the Government contract, by the employer, by the state or local law, cost of furnishing such unifonn?s and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be home by an employee where such cost reduces the hourly rate I - below that requmd by the wage detemma?on' The Deliment of Labor will accept payment in accordance with the following standards as compliance: -- The contractor or subconnactor is required to furnish all employees with an adequate number ofunifonns 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 theem'ployee, all contractors and subcontractors subject to this Wage determination shall (in the absence of a bone ?de collective bargaining agreement providing for a different amount, or the ?lmishing of contrary af?rmative preof as to the actual cost), reimbin?Se 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 furnished 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 standards set by the terms of the Gavernment [contract by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. - (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)(6), (b)(7)(c) (b)(7)(c) ICE.2012FOIA3030001445 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET - 2 2 NAME OF OFFEROR OR CONTRACTOR HALL COUNTY OF HEMNO. SUPPUESBERWCES AMOUNT (A) (B) (C) (D) (F) TO: (404) All other terms and.conditions remain the same. Period of Performance: 03/05/2009 to 03/04/2014 NSN 754001452606? I OPTIONAL FORM 336 (4-56) . . Sponsored 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) (b)(6), (b)(7)(c) ICE.2012FOIA3030001447 REFERENCE OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 2 2 NAME OF OFFEROR OR CONTRACTOR HALL COUNTY OF ITEM NO. I SUPPLIESISERVICES QUANTITY UNIT UNIT AMOUNT (Period of Performance: 03/05/2009 to 03/04/2014 NSN 33540-014 52-306? OPTIONAL FORM 336 (4-36} Sponsored 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) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001449 . - Page 1 REGISTER OF WAGE DETERMINATIONS UNDER US. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor WAGE AND HOUR DIVISION WASHINGTON, DC. 20210 94% Q. ?Mi/Aisle. Wage Determination No: 2011?0192 Diane C. Koplewski Division of Revision No: 1 Director Wage Determinations Date of Last Revision: 10/28/2011 State: Georgia Area: Georgia County of Halt Fringe Benefits Required Follow the Occupational Listing This WD appiies onIy to service empioyees who are employed-on the detention services subcontract under the (or other contract) between ICE and Hail County, GA for detention services, under the authority of the in the above locality. CODE OCCUPATION TITLE FOOTNOTE RATE - 01000 Administrative Support And Ciericat Occupations 01011 Accounting Cierk i 12.20 01012 Accounting Clerk it 13.70 01023 - Accounting Cierk Itt 15.33 01111 General Clerk I 10.55 01112 GeneraI Clerk 11 '1 1.51 01113 General Clerk 12.92 01261 Personnel Assistant (Empioyment) I 14.00 01262 Personnel Assistant (Employment) ll 15.67 01263 Personnel Assistant (Employment) 17.47 0131 I Secretary I 13.94 01312 Secretary ti 15.60 01313 Secretary Ill . 17.39 12000 Heaitn Occupations 12020 Dental Assistant I 14.82 7 12071 Licensed Practicai Nurse I 14.01 12072 Licensed Practical Nurse Ii 15.68 12073 Licensed Practicai Nurse I 17.48 12100 Medical Assistant . 14.01 12160 Medical Record Clerk 12.50 12190 - Medical Record Technician 13.99 12311 Registered Nurse i 19 42 12312 Registered Nurse II 23.76 12313 Registered Nurse II. Speciaiist 23.76 12314 Registered Nurse 2874 12315 Registered Nurse lil, Anesthetist 28.74 12316 Registered Nurse IV 34.45 13000 Information And Arts Occupations WAGE (Rev. 1) . DATE: 10/28/2011 Page 2 13047 Librarian . 23.76 13058 Library Technician 15.68 21000 Materials Handling And Packing Occupations 21020 Forklift Operator 14.78 2i4i0 Warehouse Specialist 14.78 23000 Mechanics And Maintenance And Repair Occupations 723370 General Maintenance Worker - 16.98 27000 Protective Service Occupations 27008 Corrections Officer 17.48 27040 Detention Officer 17.48 23000 Recreation Occupations 28510 Recreation Aide/Health Facility Attendant 9.10 28515 Recreation Specialist - 15.45 92090 Non Standard Occupations Detention Counselor 18.35 Case Manager 18.53 18.35 Senior DetentionOtficer ALL OCCUPATIONS ABOVE necEiv?E THE BENEFITS: HEALTH 8 WELFARE: $3.59 per hour or $143.60 per week or $622.27 per month VACATEON: 2 weeks paid vacation after 1 year of service with a contractor or successor; and 3 weeks after 8 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed . and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 20 CFR 4.173) A minimum of ten paid holidays per year: New Year?s Day, Martin Luther King Jr's Birthday, Washington?s Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of'the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4.174) REQUEST FOR or: WAGE RATE {Standard Form M44 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (is, 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 classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed -- classification, wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a class(es) is to be conformed. WAGE DETERMINATION (Rev. 1) DATE: 1012812011 Page 3 The process for preparing a conformance request is-as foilows: 1) When preparing the bid, the contractor identifies the need fora conformed occupation(s) and computes a proposed 2) After contract award, the contractor prepares a written report listing in order proposed ciassitication titlets), a Federai grade equivalency (FGE) for each proposed classification(s), job rationale for proposed wage ratets), inciuding information regarding the agreement or disagreement of the authorized representative of the empfoyees invoived, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such uniisted ciass(es) of employees performs any contract work. 3) The contracting officer reviews the preposed action and promptiy submits a report of the action, together with the agency?s recommendations and pertinent information inciuding the position of the contractor and the empioyees, to the Wage and Hour Division, Employment Standards Administration, US. Department of Labor, for review. (See section ot Regutations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittaf to the agency contracting officer, or notifies the contracting officer that additional. time wiil be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected empioyees. information required by the Regulations must he submitted on SF .1444 or bond paper. When preparing a conformance request, the ?Service Contract Act Directory of Occupations" (the Directory) shouid be used to compare job definitions to insure that duties requested are not performed by a ciassification already iisted in the wage determination. Remember. it is not thejob title, but the required tasks that determine whether a class is inciuded in an estabtished wage determination. Conformances may not be used to artificiany sptit, combine, or subdivide ciassifications tisted in the Wage determination. OCCUPATIONS NOT THE SCA DIRECTORY OF Case manager Duties include: provides case management and counseling services to inmates/residents and their tamities. This position assists the inmates/residents to become aware of and needs in adiusting socially to their environments. Detention Counsetor Duties inctude: uniformed, security trained member of the Unit Management Team responsibie for resotving daily inmate issues before they become significant matters, incidents or grievances. Ensure that services and programs are deiivered to inmates assigned to the unit at a time and manner as designed. Senior Detention Officer Duties inctude: assists in the supervision of the administrative and operational security activities in a detention facitity. Directly supervises Detention Officers assigned to the shift. Provides for the protection of each inmatelresident and the preservation of each inmate's/resident's legat rights. Supervises the count of inmates/residents and directs adherence to alt key controt procedures. must be abie to work any post assignments on any shift. (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.2012FOIA3030001453 (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.2012FOIA3030001454 . HALL COVNTY 0F: . . ?mm. suwuwssava?ss . hummv'wr um PRICE MGOUNT (A) 5.- . (D) (E) . (F) CONTIN SHEET di?em r'?te shall" take effeccive starting on January 2032? Exempt Faction: Period of Performance: to 83(041?2014 All other terms and conditions remain unchanged(as cm; 53,119 (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.2012FOIA3030001456 (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.2012FOIA3030001457 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 2 5 NAME OF OFFEROR 0R CONTRACTOR GAINESVILLE CITY OF INC ITEM No. . SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (D) (E) (F) laws of the State of Georgia with its principal office in the City of Gainesville; the City of Gainesville, Georgia (Transferee), a municipality duly organized and existing under the laws of the State of Georgia with its principal office in the City of Gainesville; and the UNITED STATES OF AMERICA(Government) enter into this Agreement as of September 28, 2012. The parties agree to the following facts: (1) The Government, represented by the U.S. Department of Homeland Security (DHS) U.S. Immigration and Customs Enforcement has entered into certain contracts with the Transferor, namely: Inter?Governmental Service Agreement (IGSA) Number: The term "the contracts," as used in this Agreement, means the above IGSA and related task orders, .including all modifications, made between the Government and the Transferor before the effective date of this Agreement (whether or not performance and payment have been completed and releases executed if the Government or the Transferor has any remaining rights, duties, or obligations under the IGSA and related task orders). Included in the term "the contracts" are also all modifications made under the terms.and conditions of the IGSA and related task orders between the Government and the Transferee, on or after the effective date of this Agreement. (2) As of September 28, 2012, the Transferor has transferred to the Transferee the county jail facility located at 622 Main Street, Gainesville,. Georgia by virtue of a real estate sales transaction between the Transferor and the Transferee. (3) The Transferee has acquired all the assets listed above of the Transferor by virtue of the above transfer. (4) The Transferee has assumed all obligations and liabilities of the Transferor under the contracts by virtue of the above transfer. (5) The Transferee is in a position to fully perform all obligations that may exist under the contracts. Continued NSN 7540431452306? FORM 336 (4-36) - Sponsored by GSA . REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 3. 5 NAME OF OFFEROR 0R CONTRACTOR OF INC ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNIT AMOUNT (consistent with the Government?s interest to recognize the Transferee as the successor party to the contracts. (7) Evidence of the above transfer has been filed with the Government. In-consideration of these facts, the parties agree that by this Agreement- (11 The Transferor confirms the transfer to the Transferee, and waives any claims and rights against the Government that it now has or may have in the future in connection with the contracts. (2) The Transferee agrees to be bound by and to perform each contract in accordance with the conditions contained in the contracts. The "Transferee also assumes the obligations and liabilities under the contracts from the effective date of this Agreement forward. The Transferor remains responsible for all obligations and liabilities prior to the effective date. (3) The Government recognizes the Transferee as the Transferor's successor in interest in and to the contracts. The Transferee by this Agreement becomes entitled to all rights, titles, and interests of the Transferor in and to the contracts as if the Transferee were the original party to the contracts. Following the effective date of this Agreement, the term "Contractor," as used in the_contracts, shall refer to the Transferee. (4) Except as expressly provided in this Agreement, nothing in it shall be construed as a waiver of any rights of the Government against the Transferor. (5) All payments and reimbursements previously made by the Government to the Transferor, and all other previous actions taken by the Government under the contracts, shall be considered to have discharged those parts of the GOvernment's obligations under the contracts. Continued NSN 7540-01?152-806? OPTIONAL 336 (4-86) Sponsored by GSA 53611259 PAGE OF CONTNUATION SHEET REFERENCE No. OF DOCUMENT BEING CONTINUED . 4 5 NAME OF OFFEROR OR CONTRACTOR GAINESVILLE CITY OF INC ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNIT PRJCE AMOUNT (A) (B) (C) (D) (E) (F) (6) The Transferor and the Transferee agree that the Government is not obligated to pay or reimburse either of them for, or otherwise give effect to, any costs, taxes, or other expenses, or any related increases, directly or indirectly arising-out of or resulting from the transfer or this Agreement, other than those that the Government in the absence of this transfer or Agreement would have been obligated to pay or reimburse under the terms of the contracts. The contracts shall remain in full force and effect, except as modified by this Agreement. Each party has executed this Agreement as 'of the Han :nnri ?vA?Nv- vrd- TITLE ogyarv Adm/J O/Wdig TITLE [Government Seal] OF GRINESVILLE, GEORGIA, BY ?7 I \??nulmw TITLE .3. 3' '0 I Continued In.?Ioui'. . OPTIONAL FORM 336 (4?86) Sponsored by GSA FAR {43 53.110 (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.2012FOIA3030001461 (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.2012FOIA3030001462 (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.2012FOIA3030001463 EXHIBIT that lot, tract and-parcel of land, lying situate and being in the City of Gainesville, Hall County, Georgia, consisting of 4.097-acres, being the location of Main Street School and the adjoining grounds, all as shown by a plat prepared for Hall County by Owen Patton, Georgia Registered Land Surveyor, dated January which plat is by reference made a part hereof. As shown by plat above referred to, subject property is more particularly described as follows: I BEC- ING at an iron pin corner on the northwest intersection of the 'rig ts of way of Main Street and Banks Street in said City, running thence along the northwestern right of way'of Banks Street, South 52? 12' was: 426.80 feet to an iron pin corner, located at the intersection of said right of way with the northeastern right of way of Grove Street; thence along said right of way of Grove Street the following hearings and distances: north 24? 21' west 157.42 feet to a point; North 24? 21' West 39.23 feet to a point; North 24? 35' west 249.11 feet to an iron pin corner at the intersection of said right of way with the southr eastern right of way of Parker Street; r?nning thence along said right .u of.way of Parker Street, North,64? 20' East 389.47 feet to an iron pin . corner at the intersection of said right of way with the southwestern right of way of Main Street; running thence along the southwestern right of way of Main Street the following bearings and distances: South 29? 28' East 239.75 feet to a point; South 27? 23? East 41.02 feet to a- point; South 29? 48' East 149.83 feet to the point of beginning. This:Deed is intendedotd are-bounded-by the. above named rights of way.of Banks Street, Grove Street, Parker Street? and Main Street and further, it is expressly intended to include all of the former or-present right of way of what was formerly known as_West College Avenue as bounded by Street and Croye September 28, 2012. EXHIBIT PERMITTED EXCEPTIONS - SubjeCt to Lease Agreement for Sheriff?s Administrative Of?ces dated June 28, 2912 between the City of Gainesville, Georgia and Hall County, Georgia. Subject to Lease Agreement between Hall County Board of Commissioners and Corrections Corporation of America dated January 24, 2008, as last modi?ed and assigned by Hall County, Georgia to City of Gainesville, GA. Subject to an Intergovernmental Service Agreement between the United States Department of Homeland Security and Hall County, GA amended by ovation Agreement between United States of America, Hall County, Georgia and the City of Gainesville Georgia dated AFFIDAVIT Personally appeared before me, the undersigned attesting of?cer duly authorized to administer oaths, the undersigned (hereinafter "Deponent"), who, ?rst being duly sworn, deposes and says on oath as follows: - That Deponent is the duly elected o?cer of the Corporation named below, holding the of?ce indicated below and is duly authorized and empowered to make and does make this af?davit in his representative capacity on behalf of said corporation as well as in his individual capacity; that said corporation is the owner of certain real property brie?y described below and as more fully described in a certain deed executed by Deponent on behalfof said corporation to the Grantee named below: That there are no persons, corporation, or other entities in possession of said real estate who have a right or claim to possession extending beyond the date hereof, or (excepting the Grantee in the aforementioned deed) who have a right or claim to possession arising beyond the date hereof, except as shown herein below; That the lines and corners of said real estate or intended to be conveyed to the Grantee below are situated wholly within the boundaries of said real estate and there are no violations of any sideline or setback lines or any other restrictions or covenants of record not yet expired affecting said real estate; That Deponent knows of no person, corporation or other entities claiming any interest whatsoever in said real estate by reason of any unrecorded deed, contract or other document of title and that preceding the execution hereof, no interest in the real estate has been granted to any other person, corporations or other entities whatsoever, which persons, corporation or other entities have not executed the deed to Grantee below; That there are no suits, Iis pendens, judgments, appeals, bankruptcies, executions or defaulted surety bonds against the Garner of the real estate in any Georgia or Federal Court whatsoever that could in any way affect title to said real estate, the improvements thereon or the ?xtures attached thereto; That said real estate, the improvements, equipment, appliances or ?xtures attached thereto are free and clear of all liens, encumbrances, restrictions, assessments, encroachments, leases, tenancies and occupancies except as speci?cally set out and shown thereinbelow; That all ad valorem taxes, state and county and municipal taxes applicable to the real estate and any personally separately assessed have been paid in full for all years prior to the date hereof, except only those taxes speci?cally set out and shown hereinbelow; That the Property has not been used prior to the date hereof since Hall County, Georgia acquired title, as a land?ll or a storage or dump site or for the disposal of any toxic or hazardous waster material or substance as the terms "hazardous waster", "hazardous substance", or "hazardous material" or "toxic substance" are de?ned in any applicable federal, state or municipal environmental law, rule or regulation, including but not limited to the Clean Air Act, the Clean Water Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Hazardous Materials Transportation Act and the Resource Conservation and Recovery Act, nor has any "release" of such substances occurred on or about the Property in violation of or requiring "remedial action" under such laws, rules and regulations, as those terms are de?ned herein. Deponent further warrants that no underground storage tanks or the] lines are located or have at any time been located upon the Property. That the only exception to the averrnents herein are as follows: SEE PERMITTED EXCEPTIONS ATTACHED HERETO AS EXHDBIT Property Description: SEE EXHIBIT ATTACHED That, if Deponent makes this af?davit on behalf of a corporation, the corporation name is and said corporation is incorporated in the County of, State of and Deponent's o?icial position with said corporation is CHAIRMAN. That this af?davit is made in connection with the execution and delivery this date ofa certain deed WARRANTY DEED in favor of Grantee: CITY OF GEORGIA. That Deponent makes this a?idavit knowing that the same will be relied upon by certain purchasers, lenders, attorneys and title companies interested in title to the said real estate, and it is given to comply with O.C.G.A. 44-14-3612. Sworn to and subscribed before me this 28'" day of Seotembcr92012.- TITLE @?y?is?tw e- (CORPORATE SEAL AFFIXED) My 0: 4/ anm??s? 7:4 I "Ilium? 0 EXHIBIT that lot, tract andeparcel of land, lying situate and being in the City of Gainesville, Hall County, Georgia, consisting of 4.097-acres, being the location of Main Street School and the adjoining grounds, all as shoWn by a plat prepared for Hall County by Owen Patton, Georgia Registered Land Surveyor, dated January 18, 1973, which plat is by reference made a part hereof. a As shown by plat above referred to, subject property?is more particularly described as follows: BEG-HNING at an iron pin corner on the northwest intersection of the 'rig ts of way of main Street and Banks Street in said City, running thence along the northwestern right of way?of Banks Street, South 62? 12' was: 426.80 feet to an iron pin corner, located at the intersection of said right of way with the northeastern right of way of Grove Street; thence along said right of way of Grove Street the following bearings and distances: North 24? 21' Host 157.42 feet to a point; North 24? 21' west 39.28 feet to a point; North 24? 35' west 249.11 feet to an iron pin corner at the intersection of said right of way with the south- eastern right of way of Parker Street; running thence along said right .u of.way of Parker Street, 20' East 389.47 feet to an iron pin corner at the intersection of Said right of way with the southwestern right of way of Main Street; running thence along the southwestern right of way of Main Street the following bearings and distances: South 29? 28' East 239.75 feet to a point; South 27? 23? East 41.02 feet to a- 'point; South 29? 48? East 149.83 feet to the point of beginning. are-bounded by the. above named rights of way.of Banks Street, Grove Street, Parker Street? and main Street and further, it is expressly intended to include all of the former or-present right of way of what was formerly known as_West College Avenue as bounded by Kain Street_and Croye Street ThisxDeed is int?nded,to convey ICE.2012FOIA3030001467 EXHIBIT PERMITTED EXCEPTIONS Subject to Lease Agreement for Sheriff?s Administrative Of?ces dated June 28, 2012 between the City of Gainesville, Georgia and Hall County, Georgia. Subject to Lease Agreement between Hall County Board of Commissioners and Corrections Corporation of America dated January 24, 2008, as last modi?ed and assigned by Hall County, Georgia to City of Gainesville, GA. Subject to an Intergovernmental Service Agreement between the United States Department of Homeland Security and Hail County, GA amended by Novation Agreement between United States of America, Hall County, Georgia and the City of Gainesville Georgia dated September 28, 2012. (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.2012FOIA3030001469 (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.2012FOIA3030001470 . 1. CONTRACT ID CODE . OF AMENDMENT OF SOUCITATIONMODIFICATION OF CONTRACT I 2. NO. DATE 4. REQUISITIONIPURCHASE REQNO See Btock 16 - - - 6. 1380151) sir coon ICEIDMIDC-DC 7. ADMINISTERED CODE IGHDMIDC-DC ICE Detention ICE Detention Management Contracts Immigrations and Customs Enforcement! Office of Acquisition Management Immigrations and Customs Enforcement! Office ofAcquisition Management 801 I Street NW, Suite 930 . 801 IStreet NW, Suite 930 .- Washington. DC 20536 - . - . Washington,DC2.0536 3. NAME. AND ADDRESS OF commerce (No. Street, cream, State. cindth Code) 9A. AMENDMENT OF SOLICITATION N0. HALL COUNTY JAIL . 622 Main Street . . - - - - 30501 . .93.- gt - . - 10A. MODIFICATION OF CONTRACIIORDER NO. . . CODE: 073:245'17000o . FACILITY CODE: 103. DATED (SEEHEMH) common 11. THIS ITEM TO OF SOHOITATIONS I CI The above numbered, solicitation is amended as set forth in item 14. The hour anddate speci?ed for receipt of O??ers 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 Sand 15, and returning copies of the amendment: By acknowledging receiptof this amendment on each copy of the o??er submitted; or By separate letter or telegram which includes a reference to the solicitation and amendment numbers, FAILURE OF YOUR -- ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS TO THE HOUR AND DATE SPECIFIED MAY RESULT IN OF YOUR OFFER. It?by virtue of this amendment you desire to change an offer already submitted, such change may be made by teiegram or letter, provided each telegram or fetter 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 (HRequr'rgd) . Sec Schedule - . - - 13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF MODIFIES THE CONTRACT JORDER AS DESCRIBED IN ITEM 14 A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (spasm: Authorigz) THE CHANGES SET FORTH IN ITEM 14 MADE IN THE CONTRACT ORDER NO. IN ITEM IOA. .. -. . B. THE ABOVE IS MODIFBED TO REFLECT THE CHANGES (such ds changes inpaying a?ce, appropriation date, etc.) SET FORTH ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43,193 C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: D. OTHER (302cm: ape quaa?yicatipn'and authority) I Mutual Agreement of the Parties 3- Contractor is NOT . is required to sign this document and return it cepies to the issuing of?ce. . 14. DESCRIPTION OF (Organized 5y UCF section headings, including colieitationfcontract subject matter where feasible. The purpose (if this modi?cation is to incorporate ICE 201 1 Performance Based Detention Standard 1 - Sexual Abuse and?ASSault Prevention and Intervention. Should there be a con?ict with 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 Of?cer for clari?cation. - . All other terms and conditions remain unchanged. Ekcept as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in El? force and effect. i 15A. TITLE OF SIGNER - 1 16A: NAME AND TITLE on comm-acme OFFICER - gigging .12; Pagli? Mega come? .- 153.00 01210 FERO . - Isa. DATE 160. DATE SIGNED - $315!) 1 . . (Si 0 person guthon'zed to sign) 1.0 {9 3 FORM 30 (REV. 19-33) NSN 7549-01- .3070 . Precurihed by GSA FAB {48 curt) 53443. Previous Editi Unusahle (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.2012FOIA3030001472 i? oz: comic-r CODE 1W3?ail-iamw 2. AMENDMENTMODIFICATION noWagoolq . ?See Block 16C . I i .I ;u . ?rearm/Demo MDMINISTEPED _ICE/Detent Mngt/Detent Contracts?DC I I ICEXDetent Mngt/Detent Contracts?DC Immigration and Customs Enforcement . Immigration and'Custom's Enforcement Office of Acquisition Management - Office of Acquisition Management 801 I Street NW, 9th Floor 801 I Street NW, 9th Floor 'f Washington DC 20536 . Attn: 2; ?Tm . - Washington mu zuusb ?'iie'zm cede} o'F' NO. CITY ATTN CITY GAINESVILLE . - . - Lila-DATEorssEire-mo - so so}: 2496 - 5' GAINESVILLE GA 300032 .96 .. . toe-I DATED (SEE ITEM-13) FACILITY CODE 9508/03/2009 .. .. . ?CITheabove numbered solicitation is'amended as set forth in Item 14.; The hour and date speci?ed fer receipt of Offers assailed; 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 I 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 ortelegrem which includes a reference to the solicitation and amendment numbers? . FAILURE OF YOUR ACKNOWLEDGEMENT TO BE RECEIVED AT 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 '1 to the solicitationlanduthis amendment. and__is__receilre_d prior to the opening hour'and dalespeci?edr - Accounnwo Ans APPROPRIATION DATA (lireqdiredl .. . "13.Tmsz~rsn Child! APPLES To mooirtcanon OF THE NofAs easements ITEM 14. i A. THIS CHANGE oases l8 ESSUED PURSUANT TO: (Special autho?ly) THE CHANGES SET FORTH were 14 ARE MADE IN CONTRACT - - canes Not ITEM 10A: - - . meg ABOVE nonseaeo Is Mooi'FIE'o'To' Raise? THE In MINISTRATNE millimetres "as chides in payee of?ce; - - appropriation dare, etc.) SET- FORTH _1 4, PURSUANT TO THE AUTHORITY OF FAR isto'eosSimNeresmae?mSeer Immigration Nationality Act Mutual Agreement of the Parties BiiamaeetSeemy-iype Morti?cation.masseuse; - - - 3" - Is. im?oRrANT: I Contractor- - [353 not {El-is required to sign this document and return - I I copies to the issuing of?ce. '14, DESCRIPTION (Organized by UC'?usection headings. including solicitation/contract sobject mel?fer where fe?sldle.) DUNS Number: COR: (W5): The purpose of this modification is to incorporate all of the ICE Performance Based .Detention Standards 2011 Minimum Standards, several Optimal Standards and the attached Quality Assurance Surveillance Plan (QASP). The 2011 Standards may be viewed in their entirety at the.following ling: Continued .- Exce tas. residediherein, all terms and conditions of the document referenced in Item Rnype orprint) at" seer'oATE'sLiGN "ilrsii'f?ziomgfs?som lease Foam 30 (Rev. 10-83)? Previous edi?ce unusable - 5:5de by GSA 48 CFR 53 43 mommy 0 9 wow 1 4 OR CONTRACTOR OF. INC (C) _regarding the implementatimn of the 2011 SOptimal Standards. ;It is agreed that the afOXementioned minimum and loptimum standards are, herein, incorporated into fthe I883 at no additional cost. ?The Service Provider Shall provide its revised ]p0licies within 53 daYs of execution of :this modification. Within 30 days of ;approval, the facility shall be compliant with :all 2011 Standards_stated herein. gStandards and any other term and/or condition?of Zthe agreament identified.in Block 10A of this mcdification, please contact the Cantracting :Officer for-clarification. I fExempt Action: . 3 . gPeriod of Perf?rmance: to .EAll other terms and anditions remain unchanged; iShould there be a conflict between the 2011 manhmsomastmei Sponsored by GSA FAR (48' CFR) 5311:: Attachment}. . DROIGSA-O9-0006A Modification P00014 05/17/2013 COMPLIANCE WITH 2011 OPTIMAL PROVISIONS: GEORGIA DETENTION CENTER North Georgia Detention Center will comply with the following optimal requirements under the ICE 2011 . Performance Based National Detention Standards 2011), at no additional cost to the agency: Standard 2.1: Admission and Release 9 ?Whenever possible, medical personnel shall be present to observe the strip search of a transgender detainee.? (Section 4. Standard 2.12: Special Management Units 0 ?Detainees must be evaluated by a mediCal professional prior to being placed in an I (Section VD) I Standard 4.3: Medical Care a ?Medical facilities within the detention facility shall achieve and maintain current a'ccreditatiOn . with the standards of the National Commission on Correctional Health Care and shall maintain compliance with those standards?? (Section 11.1) 0 ?Adequate space and staf?ng for the use of services of the ICE Tole-Health Systems, inclusive of tele-radiology and tele-medicine, shall be provided.? (Section 11.28) 0 ?The facility, when equipped with-appropriate technology and adequate space, shall provide for the use of services of the ICE Tele?Health Systems, inclusive oftele-radiology (ITSP), tele- and (Section VDD) - I Standard 4.4: Mediates-re (Women) 0 ?The facility?s provision of gynecological and obstetrical health care shall be in compliance with standards set by "the National Commission on Correctional-Health Care (Section Standard 4.6: Signi?cant Self?Harm and Suicide Prevention and Intervention ?The facility shall be in compliance with standards set by the National Commission on . Correctional Health Care in its provision of preventive supervision, treatment, and therapeutic follow-up for clinically suicidal detainees or detainees at risk for signi?cant self- harm.? (Section 11.3) I Standard 4.7: Terminal Illness, Advance Directives, and Beat}: - a ?The facility shall be in compliance with standards set by the National Commission on Correctional Health Care in its provision of medical care to terminally ill detainees.? (Section 11.2) Standard 5.4: Recreation 0 Disciplinary Segregation: ?Facilities operating at the optimal level will. offer detainees at least - one hour of recreation or exercise per day, seven days a. week.? (Section VE) a ?Facilities operating at the optimal level shall offer access to reading materials, through libraries with regular hours, book carts or other means. Reading materials in English, Spanish and, if practicable, other languages, should be made available.? (Section VF) ?Facilities shall offer other programmatic activities, such as: 1. educational classes or speakers; :51. Attachment A - Modi?cation P00014 - 05f17f2013 2, Sobriety programs such as alcoholics anonymous; and 3. other organized activities or recreational programs.? (Section .2 QUAerv ASSURANCE SURVEILLANCE PLAN 1. INrRonucrroN . Quality Assurance Surveillance Plan (QASP) is based on the premise that the Service Provider, and not the Government, is responsible for the day?to-day operation of the Facility and all the management and quality control actions required to meet the terms of the Agreement. The role of the Government in quality assuranceis to ensure performance standards-are achieved and maintained. The Service. Provider shall develop a comprehensive program of inspections and monitOring actions and document its approach in a Quality Control Plan (QC-P). The Service Provider?s QCP, upon approval by the Government, will be made a part of the "resultant Agreement. This QASP is designed to provide an effective surveillance method to monitor the Service Previder?s performancerelative to the requirements listed in the Agreement. The QASP illustrates the systematic method the Government (or its designated representative) Will use to evaluate the services the Service Provider is required to furnish. This QASP is based on the premise the Government will validate that the Service Provider is complying with ERO~mandated quality standards in operating and maintaining detention facilities. Performance standards address all facets of detainee handling, including safety, health, legal' rights, facility and records management, etc. Good management by the Service Provider - . and use of an approved QCP will ensure that the Facility is Operating within acceptable quality levels. - 2. - Performance Requirements Summary (Attachment A): The Perforrnance Requirements Summary (PRS) communicates what the Government intends to qualitatively inspect. The PRS is based on the American Correctional-Association (ACA) Standards for Adult Local Detention Facilities (ALDF) and ICE 2011 Performance Based National Detention Standards The PRS identi?es performance standards grouped into nine functional areas, and quality levels essential for successful performance of each requirement. The PRS is used by. ICE When conducting quality assurance surveillance to guide them through the inspection and review processes. - . - Functional Area: A logical. grouping of performance standards." - Contracting Officer?s Technical Representative (COTR): The COTR interacts with the Service Provider to inspect and accept services/work performed in accordance with the technical standards prescribed in the Agreement. The Contracting Of?cer issues a written memorandum that appoints the COTR. Other individuals may be designated to assist in the inspection and quality assurance surveillance activities. I 1. Performance Standards: The performance standards are established in the BRO ICE 2011 well as the ACA standards for ALDF. Other standards may also be defined in the Agreement. 1 Measures: The method for evaluating compliance with the standards. Acceptable Quality Level: The minimum level of quality that will be accepted by ICE to meet. the performance standard. . . Withholding: Amount of invoice payment withheld pending correction of a de?ciency. See Attachment A for information on the percentages of an invoice amount that may be withheld for each functional area. ?Funds withheld from (See Sections 7 and 8) if the COTR and Contracting Officer con?rm resolution or correction, and should be included in the next month?s invoice. Deduction: Funds may be deducted from a invoice for an egregious act or event, or if the same deficiency continues to occur. The Service Provider will be noti?ed immediately if such asituation arises. The Contracting Of?cer in Consultation with the ERO will determine the amount of the deduction. Amounts deducted are not recoverable. - 4. QUALITY coNTnoL PLAN The Service Provider shall develop, implement, and maintain a Quality Control Plan (QCP) that illustrates the methods it will 'use to review its performance to ensure it conforms to the performance requirements. (See Attachment A for a summary list of performance requirements.) Such revieWs shall be performed by the Service Provider to validate its operations, and assure ICE that the services meet the performance standards. The Service Provider?s QCP shall include monitoring methods that ensure and demonstrate its compliance with the performance standards. This includes inSpection methods and's'chedules that are consistent with the regular revieWs cenducted by BRO. The reports and other results generated by the Service Provider?s QCP activities should be provided to the COTR as requested. - - . The frequency and type of?the Service Provider?s reviews should be consistent with what is necessary in order to ensure compliance with the performance standards. - The Service-Provider is encouraged not to limit its inspection to only the processes outlined in the 2011 however, certain key documents shall. be produced by the Service Provider to ensure that the services meet the performance standards; Some of the documentation that shall be generated and made available to the COTR for inspection is listed below. The list is intended as illustrative and is not all-inclusive. The Service Provider shall develop and implement a program that addresses the Specific requirement of each standard and the means it will use to document compliance. . Written policies and procedures to implement and assess operational requirements of the . 1 standard - . - DoCumentation and record keeping to ensure ongoing operational compliance with the . standards (cg; inventories, logbooks, register of receipts, reports, etc.) Staff training records Contract discrepancy reports (CDRs) Investigative reports Medical records . - Records of investigative actions taken it Equipment inSpections' . a System tests and evaluation .5. METHODS OF SURVEILLANCE ICE-will monitor the Service Provider?s compliance with the Performance Standards using a variety of methods. All. facilities will be subject to a full annual inspection, which Will include a review of the Service Provider?s QCP activities. In addition, ICE may conduct additional routine, follow?up, or unscheduled ad hoc inspections as necessary (fer- instance, asa result of unusual incidents or data re?ected in routine monitoring). ICE may also maintain an on-site presence in some facilities in order to conduct more regular or frequent monitoring. Inspections and monitoring may involve direct observation offacility conditions and operatidns, reviewr of documentation (including QCP reports), and/or interviews of facility personnel and detainees. - 5.1 Documentation Requirements: The Service Providershall develop and maintain all decumentation as prescribed in the post logs, policies, and records of corrective actions). In addition to the documentation prescribed by: the standards, the Service Provider Shall also develop and maintain documentation that demonstrates the results of its own inspections as prescribed in its QCP. The Government may review 100% of the documents, or a representative sample, at any point during the period of performance. FUNCTIGNAL PERFORMANCE AREAS AND STANDARDS To facilitate the performance review process, the required performance standards are organized into nine functional areas. Each functional area represents a proportionate share weight) of I I . the invoice amount payable to the Service Provider based on meeting the performance standards." Payment withholdings and deductions will be based on'these percentages and weights applied to the overall invoice. - ICE may, consistent with. the scepe the Agreement, unilaterally change the functional areas and - associated standards affiliated with a speci?c functional area.__The Contracting Of?cer-Will notify the ServiceProvider at least 30 calendar-days in advance of implementation of the new standard(s). If the Service Provider is not previded with the noti?cation, adjustment to the new standard shall be made within 30 calendar days after noti?cation. If any change affects pricing, the Service Provider may submit a request for equitable price adjustment in accordance with the ?Changes? clause. ICE reserves the right to develop and implement new inspection techniques and instructions at any time during performance without notice to the Service Provider, so long as the standards are not more stringent than those'being replaced. - - FAILURE TO MEET PERFORMANCE STANDARDS Performance of services in conformance with the PRS standards is essential for the Service . Provider to receive full payment as identified in the Agreement. The Contracting Of?cer may take withholdings or deductions against the invoices for unsatisfactory performance documented through surveillance of the Service Provider?s activities gained through site inspections, reviews of documentation (including QCP reports), intervievvs and other 3 feedback. As a result of its surveillance, the Service Provider will be assigned the following rating relative to each performance standard: - . Rating I :II'I'Description I . Acceptable Based on the measures, the performanCe standard is demonstrated. - Deficient . --Based on the meaSures, compliance with mOSt of the I - attributes. of the performance standard is demonstrated or observed with some area(s). needing improVernent. There are 5f 2 no Critical areas of unacceptable performance '5 AnRisk Based on the performance measures, the performance standard?s attributes are not met, Using the above standards as a guide, the Contracting Of?cer will implement adjustments to the Service Provider?s invoice as prescribed in Attachment A. - Rather than withholding funds until a deficiency is corrected, there may be times when an event or a de?ciency isso egregious that the Government deduch (vs. ?withholds?) amounts from the Service Provider?s invoice. This may happen when a signi?cant event occurs, when a particular de?ciency is noted multiple times without correction, or when the Service Provider has failed to taketimely action on-a de?ciency about which he was properly and timely noti?ed. The amount deducted will be consistent with the relative weight of the functional performance area where the de?ciency. was noted. The deduction may be a One?time event, or may continue . until the ServiCe Provider has either corrected the deficiency, or made substantial progress'in the correction. Further, a deficiency found in one functional area may tie into another. If a detainee escaped, for example, a de?ciency would-be noted in ?Security,? but may also relate to a deficiency in the area of ?Administration and Management.? In no event will the withhold or deduction exceed 100% of the invoice amount. - s. NOTIFICATIUNS Based on the inspection of the Service Provider?s performance, the COTR will document instances of deficient or at?risk performance noncompliance with the standard) using the CDR located at Attachment" B. To the extent practicable, issues should" be resolved informally, with the COTR and Service. Provider working together. When documentation of an issue or de?ciency is required, the procedures set forth in this section will be followed. - When a CDR is required to document performance issues, it will be submitted to the Service . Provider with a date when a response is due.? Upon receipt of a CDR, the Service Provider . I shall immediately assess thesitu'ation and either correct the de?ciency as quickly as possible or prepare a corrective action plan. In either event, the Service Provider shall return the CDR with the action planned or taken noted. After the COTR reviews the Service Provider?s response to the CDR including its planned remedy or corrective action taken, the COTR will either accept the plan or correctiOn or reject the correction or plan forrevision and provide an 4 I explanation. This process should take no more than one week. The CDR shall not be'used as. a substitute for quality control by the Service Provider. . The COTR, in addition to any other designated ICE official, shall be noti?ed immediately in . the event of all emergencies. Emergenbies include, but are not limited to the - following: activation of disturbance control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work - or protests); staff use of force-including use of lethal and less-lethal force (includes detainees strikes, work?place Violence, civil disturbances, in restraints more than eight hours); assaults on staff or detainees resulting in injuries (3 weather hurricanes, floods, ice or snow storms, heat waves, "Following receipt of the Service Provideris notification requiring medical attention (does not include routinemedic'al evaluation after the incident); ?ghts resulting in injuries requiring medical attention; fires; full or partial lock down of the Facility; escape; weapons discharge; suicide attempts; deaths; declared or non-declared. hunger strikes; adverse incidents that attract unusual interest or signi?cant publicity; adverse tornadoes); fence damage; power outages; bomb threats; significant environmental problems "that impact the Facility operations; transportation. accidents resulting in injuries, death or property damage; and sexual assaults. Note that in an emergency? situation, a CDR may not be issued until an investigation has been completedthe COTR concludes that'the deficient or at?risk performance warrants-a withholding or deduction, the COTR will. include the CDR in its report, with a copy to the- Contracting Officer. The CDR will be accompanied by the investigation report and written recommendation for any Withholding. The Contracting Of?cer will consider the recommendation and forward the CDR along with any relevant supporting information to the Service Provider in order to confirm or further discuss the prospective cure, including the Government?s proposed l'course of action. As described in section 7 above, portions of the invoice amount may be withheld until such time as the corrective actibn is completed, or a deduction may be taken. that the correction has been made, the COTR may tie?inspect the Facility. Based upon the ?ndings, he or she will recommend that the Contracting Officer continue to withhold a proportionate share of the payment until the correction is made, or accept the correction as ?nal and release the full amount withheld for that issue. If funds have been withheld and either the Government or the Service Provider terminates the Agreement, those funds will not be released. The Service Provider may only'receive withheld payments upon successful correction of an instance of non-compliance. Further,_the Service Provider is not relieved of full performance of the required services hereunder; the Agreement may be terminated. upon adequate notice from the Government based upon any one instance, or failure to remedy deficient performance, even if a deduction was previously taken for any inadequate performance. The COTR will maintain. a record of all open and resolved CDRs. 9. DETAINEE on MEMBER on THE PUBLIC COMPLAINTS The detainee and the public are the ultimate recipients of the services identi?ed in this Agreement. Any complaints made known to the COTR will be logged and forwarded to the Service Provider for remedy. Upon noti?cation, the Service Provider shall be given a pre? speci?ed number of hours after verbal noti?cation from the COTR to address the issue; The Service Provider shall submit documentatiOn to the COTR regarding the actions taken to remedy the situation. If the complaint is found to be invalid, the Service Provider shall document its ?ndings and notify the COTR. . - warmest/isms II A. Perfoit'mance Requirements Summary B. - Contract Discrepancy Report Attachment A Performance . . FUNCTIONALAREM PERFORMANCE STANDARD CRITERIA satay servos ner?i?iic'?slnartl -smrv A'Contract' Disore'pan'cy - .. Addresses a safe work environment for staff, 5 volunteers, contractors and detainees 1.1 Emergency Plans; 1.2 Environmental Health and Safety; 1.3 Transportation (by Land). violations of cited PWS (contract) sections that provide a safe work 3 environment for staff, volunteers, contractors and detainees, permitsthe Contract Of?cer to withhold or deduct up to 20% of a month invoice until the. Contract Of?cer determines there is compliance with or security Addresses protection of the community, staff, contractors, volunteers _3 and detainees from harm References: ital-rt 2 seconrrv 2,1 Admission and Release; 2.2 Classi?cation System; 2.3 Contraband; 2.4 Facility Security and Control; 2.3 Funds and Personal Property; 2.6 Hold Rooms in Detention Facilities; Key and Lock Control; 3 2.8 Population Counts; . 2.9 Post Orders; 2. 0 Searches of Detainees; 2.1.1 Sexual Abuse and Assault Prevention and intervention; 2.12 Special Management Units; 2. 13 Staff-Detainee CommuniCation; 2.14 Tool Control; 2.15 Use of Force and Restraints. A Contract Discrepancy Report'that cites violations and PWS (contract) sections that protect the community, staff; contractors, volunteers, and detainees from harm, permits the Contract Of?cer to withhold or deduct up to 20% of-a invoice until the Contract Of?cer determines there is full compliance with the standard or section. 5 Order Addresses contractor responsibility to maintain an orderly environment with clear expectations of behavior i and systems of - Reference: I?art3 i i. 3 violations and PWS (contract) Disciplinary System. A Contract DiScrepancy?Report matches? sections that maintain an orderly environment with clear expeCtations of hehavidr- and systems of accountability permits-the Contract Of?cer to withhold or i deduct up to 10% of a invoice accountability until the ContractOf?cer determines there I . is full compliance with the standard of 3 .- . section. . . Care References: Part 4 CARE A Contract Discrepancy Report that cites Addresses contractor responsibility to provide i? for the basic needs and personal care of detai ecs 4.l Food Service; 4.2 Hunger Strikes; 4.3 Medical Care; 4.4 Personal l-lygiene; . - 4.5 Suicide Prevention and intervention; 4.6" Terminal illness, Advanced Directives, and'Death. violations of and PWS (contract) sections that provide for the basic needs and personal care of detainees, permits the Contract Of?cer to withhold or deduct up to 20% of a invoice until the Contract Of?cer determines there is full compliance with thestandard or section. Activities Addresses contractor responsibilities to reduce i '1 5.2 Escorted Trips for Non?Medical the negative effects of confinement I I References: l?artg - Correspondence and Other Mail; Emergencies; .3 Marriage Requests; 5.4 Recreatiori; -. 5.5 Religious Practices; 5.6 Telephone Access; 5.7 Visitation; 5.8 Voiuntarv Work Program; 2_ A'Contract' Discrepancy aspen that-cites if violations of and PWS (contract) sections that reduce the negative effects of I. con?nement permits the Contract Of?cer to withhold-or deduct up to 10% of a invoice until the Contract Of?cer determines there is full compliance with the '3 standard or section. Justice I Addresses contractor reSponsibilities to treat detainees fairly and respect their legal rights neonates: than 6 JUSTICE - - Detainee Handbook; 6.2 Grievance System; 3 6.3 Law Libraries and Legal Materials; 6.4 Legal Rights Group Presentations. A Report that sites" violations and PWS (contract) . sections that treat dominoes falrl and respect their legal rights, permits the Contract Of?cer to withhold or deduct up to 10% of a invoice until the i ContractO?icer determines there is full . 5 complian ce with the. standard or section. i . Attachment A Performance Re quirements Seminary- to administer and manage the in a professional and responsible manner consistent with legal requirements . 7.4 Transfer of Detainees; 7 .1 Detention Files; 7.2 News Media Interviews and Tours; 7.3 Stair" Training; Accommodations for the Disabled, 4- .- FUNCTIONAL PERFORMANCE I WITHHOLBING WEEGHT .. . Administration and References: ?art 7 - A Management - I Violations of and PWS (contract) Addresses contractor MANAGEMENT sections that require the Contractor's administration and managementiof the facility in a professional and reSpon sible manner consistent with legal requirements, 5 permits the Contract Officer to withhold or j_ deduct up to 10% of a invoice until the Contract Of?cer determines there is ?iil compliance with the standard or section. - I IIWrIirki?orce Integrity . Addresses the adequacy of the detention/correctional officer hiring process, staff training and licensing/certi?cation StaffIBIacitngonnd and Reference II Checks (Contract) Staff Misconduct zit-1.4 - and adequacy of systems 3 05, 4-A Staffing Pattern Compliance within 10% of required (Contract) 4-A Staff Training, LicenSing, and Credentialing (Contract) . A Contract EilScreIoancy' 'vioiations of the ALDF Standards associated with Workforce Integrity and (contract) sections permits-the Contract Officer to withhoid or deduct up - to 10% of a invoice until the Contract Officer determines there is full compliance with the standard orsection. Detainee ofpolicics and - procedures to prevent discrimination against detainees based on their gender, race, religion, national origin, or disability I - Discrimination Prayention Discrimination j' Addresses the adequacy 02?93 A Contract Discrepancy Report that I I 5 violations oftheALDF Standards associated with Detainee Discrimination and PWS (contract) sections permits-the Contract Officer to withhold or deduct up to 10% ofa invoice until the I Contract Officer determines there is ?ili compliance with the standard or section. Attachmeht Contract Discrepancy. Report CONTRACT DISCREP 1. ANCY REPORT 5 Report Number: and Minager Name) I .. .. CONTRACTOR NOTIFICATION BY mam RNBI.) BY {towl?RAC'roR - ACTION COMPLETE 4. OR PROHIEM {Describe Dem}: mam: rc?erence in PWS Dirac?ve: Arm-I: continuation siege! necessary.) Eg' OF OFFICERS REPRESENTATIVE (COTR) 3 T0: (corn?) . I 8. CONTRACTOR. CAUSE. CORRECTIVE ACTION AND ACTIONS TO PREVENT i SHEET NIECES ((3:79 app?cabie procedures Or new-A W. procedurgs;)_ 9. SIGNATURE 1d; DATE I 11. GOVERNMENT OF CONTRACTOR RJESPONSEJRESOLLJTION PLAN: (Accepm?fe partial acceptance oj'responsexjm?an, rejection: ?Had: conn?mra?on sheer {fraccesxary} 12?. GOVERNMENT ACTIONS {Home}?! wirirhafdirrg. cm?e non?ce, ?a'd?mw came, When) - NAMEASD 'i'ri?LE . ($0315 OUT SIGNATURE . CONTRACTOR NOTIFIED COTR ENG .. OFFIQER.