IN . SERVICE AGREthcn . BETWEEN TH UNITED STATES DEPARTMENT OF HOMELAND SECURITY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT WASHINGTON, DC AND FINAL COUNTY, ARIZONA This Agreement, including Attachments 1 - 6, is entered into between United States Immigration and Customs Enforcement, hereinafter referred to as and Pinal County, Arizona, hereinafter referred to as the for the detention and care of aIiens (hereinafter referred to as FACILITY LOCATION: The PROVIDER shall provide detention services for detainees at the following location: Pinal County Adult Detention Center (Expansion Facility) 97] N. Jason Lopez Circle Florence. Arizona 85232 W: The PROVIDER is required, in units housing ICE detainees, to perform in accordance with the most current editions of ICE National Detention Reguirements. ICE Inspectors will conduct periodic inspections of the facility to assure compliance of the aforementioned standards. PERIOD OF PERFORMANCE: This Agreement shall become effective upon the date of final signature by ICE and the PROVIDER and remain in effect for a duration of twenty (20) years, unless terminated earlier in writing, by either party. Either party may terminate this agreement for any reason and without cause by sending written notice of termination one-hundred (100) days in advance of the effective date of termination. Written notice shall be sent registered or certified mail, return receipt requested to: For ICE For Pinal Conny Attn: Contracting Officer Mr. Manny Gonzalez US. Department of Homeland Security Assistant County Manager Immigration and Customs Enforcement Pinal County Administrative Services 425 I. Street N.W., Room 2208 RC. Box 827 Washington, DC. 205 36 Florence, AZ 85232 In the event the person(s) or mailing addresses of the parties to receive written notice of termination needs to be modified or changed, written notice of such modification or change shall be sent registered or certified mail, return receipt requesred to the other party. NOTIFICATION AND PUBLIC DISCLOSURES: PAGE 1 OF 17 ICE.2012FOIA3030001562 i I No public disclosures regarding this shall be made by the PROVIDER (or any of their contractors or subcontractors) without the review and approval of such disclosure by ICE Public Affairs and express permission granted by the ICE Contracting Officer. The Government considers such information privileged or con?dential until award of a formal order under this 108A. 9312le Orders will be placed under this IGSA when specific requirements have been identified and funding obtained. Performance under this is not authorized until the Contracting Officer issues an order, in writing. PAYMENT RATE: Per Diem Rate: $59.64 In consideration for the performance under the Terms and Conditions of this Agreement, ICE shall make payment to the PROVIDER for each detainee accepted and housed by the PROVIDER. The PROVIDER shall nor charge for costs, which are not directly related to the housing and detention of detainees. Such costs include, but are not limited to: A) Salaries of elected officials. B) Salaries of employees not directly engaged in the housing and detention of detainees. C) Indirect cosrs in which a percentage of all local government costs are pro-rated and applied to individual departments. D) Detainee services which are not provided to, or cannot be used by detainees. E) Operating costs of facilities not utilized by detainees. FIRM-FIXED PRICE - RATES AND PRICE ADIUSTMENTS 1. Per Diem rate established by this agreement shall be considered firm?fixed?price with economic price adjustment. The per diem rate of $59.64 will be in effect for the first two years of the agreement. The rates cover one (1) person per ?prisoner day.? The Federal Government may not be billed for two (2) days when a prisoner is admitted one evening and removed the following morning. Pinal County may bill for the day of arrivaldeparture. The per diem rate is subject to price adjustment at the end of each performance period of two years. Performance Periods - For the purpose of price adjustments, the performance of this Agreement is twenty-four (24) months in duration. The first period shall extend from the effective date of the Agreement forward for twentyufour (24) months. All succeeding periods shall begin on the anniversary date of the preceding period. 3. Basis for Price Adjustment A fixed-price with economic price adjustment provides for upward and downward revision of the stated Per Diem based upon cost indexes of labor and operating expenses, or based upon Pinal County?s actual cost experience in providing the service. MODIFICATION: PAGE2 OF 17 This Agreement, or any of its speci?c provisions, may be revised or modified by Signatory concurrence of the undersigned parties, or their respective official successors. TRANSPORTATION SERVICES: 1. The PROVIDER shall provide ground transportation services to and from lCE?s Service Processing Center twice daily on normal business days. The PROVIDER shall transport detainees securely and in a timely manner as directed by the COTR or designated ICE of?cial. When assigned transportation officers are not providing transportation services the PROVIDER shall assign the employees to supplement security duties within the facility at no additional expense to the Government. 2. The PROVIDER shall furnish one bus, in good repair and suitable, approved by the government, to safely provide the required transportation service. The PROVIDER shall nor allow employees to use their privately owned vehicles to transport detainees. The PROVIDER shall furnish vehicles equipped with interior security features including physical separation of detainees from guards. The PROVIDER shall provide the interior security specification of the vehicles to for review and approval prior to installation. 3. The PROVIDER personnel provided for the above services shall be of the same qualifications, receive the same training, complete the same security clearances, and wear the same uniforms as those PROVIDER personnel are provided for in the other areas of this agreement. 4. During all transportation activities, at least one officer shall be the same sex as the detainee. Questions concerning guard assignments shall be directed to the COTR for final determination. 5. The PROVIDER shall, upon order of the COTR, or upon his own decision in an urgent medical situation, transport a detainee to a hospital location. 6. When the COTR provides documents to the PROVIDER concerning the detainee(s) to be transported, the PROVIDER shall deliver these documents only to the named authorized recipients. The PROVIDER shall ensure the material is kept confidential and nor viewed by any person other than the authorized recipient. 7. The PROVIDER shall establish a communications sysrem that has direcr and immediate contact with all transportation vehicles and post assignments. Upon demand, the COTR shall be provided with current status of all vehicles and post assignment employees. MEDICAL SERVICES: The U. S. Public Health Services (USPHS) will be responsible for providing all health care services provided under contract for detained aliens in the custody of ICE. The USPHS shall provide medical coverage at the facility no less than twenty'four (24) hours per day, seven (7) days per week. The contractor shall provide security with a minimum of a staff of one at all times. When patients are housed in the infirmary, a security shall be posted to the unit 24 hours a day, seven days a week. The contractor shall coordinate and escort detainees to the medical clinic for sick call, appointments and pill line. Note: Optimum funcrioning of health services depends on a continuous ?ow of patients to and from the clinic with an average of one patient per provider every 10 minutes. Throughput for a clinic of this size could be as high as 200+ patients per day. Escort personnel will have to be assigned accordingly. PAGE3 0F 17 The contractor 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 instructions and assistance in personal hygiene, dental hygiene, grooming and health care. It shall be made routinely available. The USPI-IS shall provide for medical screening upon arrival at the facility performed by health care personnel or health trained personnel. When communicable 0r debilitating physical problems are suspected, the detainee shall be separated from the detainee population, and immediately notify USPHS staff. Behavioral problems (detainee who is not diagnosed as and suicide observation will be the responsibility of the contractor. Written policy and defined procedure shall require that detainee?s written health complaints are solicited and delivered to the medical facility for appropriate follow'up. Written policy and defined procedure shall require that health care complaints are responded to and that sick call, conducted by USPHS personnel is available to detainees daily. If a derainee's cusrody status precludes attendance at sick call, arrangements are made to provide sick call services in the place of the detainee's detention. A minimum of one sick call shall be conducted daily. USPHS reserves the right to conduct triage and sick call in the place of the detainee's detention. The USPHS shall provide to the contracror and maintain basic firsr aid kits. First aid kits shall be available at all times and shall be located throughout the facility, as necessary, to allow quick access. RECEIPT AND DISCHARGE OF FEDERAL DETAINEES: The PROVIDER agrees to receive and discharge Federal detainees only from and to properly identified law enforcement officers and with prior authorization. Admission and discharge of Federal detainees shall be fully consistent with PROVIDER policies and procedures. ICE detainees shall not be released from the facility into the custody of other Federal, State, or local officials for any reason, except for medical or emergency situations, without express authorization of ICE. INSPECTION: The PROVIDER agrees to allow periodic inspections of the facility by ICE inspectors. Findings will be shared with facility administrators in order to promote improvements to facility operations and conditions of detainment. BILLING PROCEDURE: (A) Invoices - Invoices shall itemize each detainee by name, register number, dates of stay, and appropriate detainee-day rate. Billing shall be based upon the actual number of detainee days used. (B) Invoices Submission US. Immigration and Customs Enforcement SPC Florence/Arm: COTR, Pinal County 3250 North Pinai Pkwy Florence, AZ 85232 (C) Pament - Payments will be made to the PROVIDER after receipt of a complete invoice, which shall contain a remittance address. All transfer(s) will be accomplished through Electronic Funds PAGE 4 OF 17 Transfer (EFT) on a basis. The Prompt Payment Act shall apply. CONTRACTING TECHNICAL REPRESENTATIVE Ramon Maes or successor is hereby designated as COTR for this Agreement. This designation does not include authority to sign contracrual documents or to otherwise commit to, or issue changes which could affect the price, quantity, or performance of this Agreement. CONFLICT OF INTEREST: This agreement is subjecr to cancellation for conflict of interest pursuant to A.R.S. ?38-511, the pertinent provisions of which are incorporated herein by this reference. PAGE 5 OF 17 IN WHEREOF, the tr. gned, duly authorized officers, have 51le . their names on behalf of Pinal County, Arizona and US. Immigration and Customs Enforcement. US. Immigration and Customs Enforcement FINAL COUNTY (W6), Chairman U.S.Immi ration ms Enforcement PinalCotm Board of Sn ervisots diff? Dated Dated Arrest: Clerk of the Board Approved as to form and found to be within the powers and authority of IA rn (W6): (bR7)(c) 'sors .na. Dated 2'2" 069 r PAGE 6 0F 17 ATTACHMENTS Attachment 1 ..Performance Requirement Summary Table Attachment 2 . .Pinal County Sheriff?s Of?ce Detention Of?cer Employment Background Process Attachment 3 . .Pinal County Administration Attachment 4 . .Pinal County Staf?ng Plan Attachment 5 ..Pinal County Preposed Route Attachment 6 . .Pinal County Implementation Plan PAGE 7 OF 17 This Performance Requirements Summary (PRS) serves to communicate what the Government intends to qualitatively inspect. The PRS and Reviewers Guide are based on ACA standards, professional guidelines referenced by the agreement, applicable Government policy and any other appropriate measure within the agreement of services. The PRS and Reviewers Guide identify: Each contract requirement, the functional areas, and quality level essential for successful performance of each requirement; Summarize the functional areas; and Specify the maximum percentage of total reduction in agreement price attributable to each requirement. Administration and Management - addresses policy development and monitoring; internal quality control; maintenance of detainee records, funds, and property; admission and orientation procedures; detainee release; and accommodations for the disabled Reduction: 32% Functional Areas Policy Development and Monitoring Internal Inspections and/or Reviews Detainee Records Admission and Orientation Personal Property and Monies Detainee Release Accommodations for the Disabled Policy On Staf?ng Quality Control ATTACHMENT 1 PAGE 8 OF 17 Security and Control addresses the issuance of policies and procedures to staff; appropriate use of force; maintenance of daily incident logs; emergency readiness; and detainee accountability and discipline Reduction: 3:555 Functional Areas Post Orders Permanent Logs Security Features Security Inspections and/or reviews Control of Contraband Detainee Searches Detainee Accountability and Supervision Use of Force Non-routine Use of Restraints Tool Equipment Control Weapons Control Detainee Discipline Supervision for Special Housing Contingency/Emergency Plan Food Service - addresses basic sanitation procedures and the adequacy of meals provided to detainees Reduction: Functional Areas Sanitation Requirements Ensure Meals are Varied Special Diets Staff and Detainee Communication - addresses opportunities for detainees to communicate with staff; detainee grievance procedures; and the provision of diversity training for staff Reduction: Functional Areas Staff-Detainee Communication Diversity Training Detainee Grievances Safety and Sanitation - addresses the adequacy of fire safety programs; the control of dangerous materials and/or hazards; air quality, noise levels, and sanitation of the facility; and the cleanliness of clothing and bedding Reduction: Functional Areas Fire Safety Non-Hazardous Furnishings Control of Dangerous Materials Environmental Control Clothing and Bedding Personal Hygiene/Well-being Physical Facility and Equipment Services and Programs - addresses detainee classification; religiougpractices; work assignments; PAGE 9 OF 17 ICE.2012FOIA3030001570 a availability of exercise oppo. tuultics; access to legal materials and legal representation; access to a telephone; visitation privileges; and the handling of detainee mail and correspondence Reduction: Functional Areas Classi?cation, Review, and Housing Religious Practices Volunteer Work Assignments Work Assignments and Security Exercise and Out-of-Cell Opportunities Legal Materials Legal Representation Telephone Access Visitation Privileges Detainee Mail and Correspondence Workforce Integrity - addresses the adequacy of the facility?s hiring process and background check procedures, and the adequacy of procedures to respond to allegations of staff misconduct Reductio?/o Functional Areas Staff Background and Reference Checks Staff Training, Licensing, and Credentialing Staff Misconduct Detainee Discrimination - addresses the adequacy of policies and procedures designed to prevent discrimination against detainees based on gender, race, religion, national origin, or disability Reduction: Functional Areas IDiscrimination Prevention FEDERAL GOVERNMENT QUALITY ASSURANCE. 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 QCP will allow the facility to operate within acceptable quality levels. Each phase of the services rendered under this agreement are subject to inspection both during the providers operations and after completion of the tasks. When the provider is advised of any unsatisfactory condition(s), the contractor shall submit a written report to the Contracting Officer (CO) addressing corrective/preventive actions taken. The QASP is not a substitute for quality control by the provider. The COTR may check the contractor?s performance and document any noncompliance, however, only the Contracting Of?cer may take formal action against for unsatisfactory performance. The Government may reduce the invoice or otherwise withhold payment for any individual item of nonconformance observed. The Government may apply various inspection and extrapolation techniques 100 surveillance, random sampling, planned sampling, unscheduled inspections, etc.) to determine the quality of services and the total payment due. PAGE 10 OF 17 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 reflect the agreement?s reduced value resulting from the failure to perform required services. ATTACHMENT 1 PAGE 11 OF 17 Pinal County Sheriffs Of?ce Detention Of?cer Employment Background Process 1. Initial interview with background investigator. Review background packet and arrange for any required documentation. 2. Criminal History Checks. a b. 99-9 3. Conduct Current Employer Veri?cation. 4. Conduct any Law Enforcement Employer Veri?cation information. 5. Conduct Truth Veri?cation. either Polygraph or Certi?ed Voice Stress Analysis. 6. Schedule and obtain results of drug test. 7. Review by Command Sto?'. If approved. conditional offer of employment given to nppliennt pending successful completion of full background process. 8. Stan; Date Set for applicant. 9. Applicant begins work. Con?rmation of Backgmund process. Schedule of Medical examination. Schedule of examination. Mail out police contact questionnaire. Mail out past employers questionnaire. (May include phone contact) Mail out personal reference: questionnaire. (May include phone contact) Mail out femin reference questionmire. (May include phone contact) my 9-9 ll. Cempileireview all relevant information received concerning applicant. 12. Prepare background report for review by Commend Sts?' and ?nal acceptance of applicant. ATTACHNIENT 2 PAGE 12 OF 17 (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.2012FOIA3030001574 Pinal County Detention Center Florence, A2. 15! 2nd [?dministrative Support Shift Shift Reception gmoar [Property Of?cer MaiUCorres ndence Officer Classification Of?cer Records Of?cer Court Liaison Su ppILOf?ccr Law Library Warrants Technicians Total 3rd Shift Admin Shift Days Wk Rei. Factor Total Staff 1st 2nd th? th? 5 curi tio a pm Effisilalion Sgpervisor ssitation Of?cer Central Controi Room Operator Comm issag Of?cer [Laundry Of?ce: [Work Detail Of?cer Kitchen Oiicor Medical Of?cer [Transportation Supervisor IAssistant Transgortalion Supervisor Eransportation Of?cer ransportation Of?cer otal ATTACHMENT 4 3rd Shift Admin mam Days wu Rel. Total F's: SHAH PAGE 14 0F 17 i Pinal County Detention Center Florence. A2. 2nd Shift llntakelBookinQIRelease Intake Lt lt?nEke Sgt; . Ilntake [Intake of?cers [Intake Clerks [Release Of?cer [Total 3rd Shift Admin Shift all Days Wk Rel. Total Factor Staff 1st Shift 2nd Security Operations (Housing) Shift Shift Commander Units Eat-I Units Supewisouggt.) Housi Supervisor (Cpl) Control Room Of?cer Housing Of?cers ?nal 3rd Shift Admin Shift Days Wk Total 7 Staff Rel. Factor 2nd 1 st Shift Unite Unit Supervisor (Sgt) Unit Supervisor (0le Control Room Of?cer Housing Officer Total 3rd Shift Admin Days L: 1st Shirt 2nd Unit Supervisor (Cpl) Control Room Of?cer [Housing Of?cer Total Total ATTACHMENT 4 Rel. Total 7 carbine PAGE 15 OF 177 PI 3! Count Performed twice daily on normal business days at 0800 and 2000 hours by one bus. Logang L0 Florence Processing Center 3250 N. Final Pamway Fbrence, AZ 85232 PCJ Pinal County Jail 951 N. Pinal Parkway Florence, AZ 85232-8799 ATTACHMENT 5 PAGE16 OF 17 Implementation Plan The following implementation plan re?ects Pinal County?s projected ability to accept ICE detainees effective October 1. 2006. Date Number of beds available Gender Total maximum ICE for new Detainees Detainees October 1, 2006 Forty-Five (45) Female 45 January 1, 2007 Sixty (60) Male 105 February 1, 2007 Sixty (60) Male 165 March 1. 2007 Sixty (60) Male 225 April 1, 2007 Sixty (60) Male 285 May 1. 2007 Six? (60) Male 345 June 1, 2007 Sixty (60) Male 405 uly 1, 2007 Sixty (60) Male 465 August 1, 2007 Sixty (60) Male 525 September 1. 2007 Sixty (60) Male 585 October 1, 2007 Forty (40) Male 625 The implementation schedule for October 1, 2006 thru October 1, 2007 will be followed unless revised by written mutual agreement between ICE and Pinal County, and may be accelerated should suf?cient resources and staf?ng, as depicted in Attachment 4 be achieved. Additionally, the indicated capacity may be exceeded, so long as the total population (ICE Detainees Pinal County Inmates) do not exceed the facilities operational capacity of 1335. The acceptance of male and female detainees will be consistent with the ability of Pinal County to provide adequate. safe and secure housing which allows for the necessary sight and sound separation between male and female detainees. This indicated available bed space is effective thru September 30, 2009. Effective October 1, 2009 through September 30, 2011, there will be available not less than 500 beds for ICE detainees. Should it become necessary to reduce available beds, in order to maintain a safe and secure correctional environment, due to exceeding operational capacity. Pinal County on or before April 1, 2011 and each year thereafter will provide written noti?cation of the available capacity for the subsequent Federal Fiscal Year. Attachment 6 PAGE 17 OF 17 ICE.2012FOIA3030001578 AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT PAGE OF PAGES 1 3 1? CONTRACT ID CO 2. N0. P00001 3. EFFECTIVE DATE 05/13/2008 4 REOUISITIONIPURCHASE RED. 5 PROJECT NO. appIIcaOIoJ 6. ISSUED BY CODE ADMINISTERED av New 6) CODE DM DC ICE/Detent Mngt/Detent Contracts-DC Immigration and Customs Enforcement Office of Acquisition Management 425 I Street NW, Suite 2208 Washington DC 20536 ICE/Detent Mngt/Detent Contracts?DC Immigration and Customs Enforcement Office of Acquisition Management 425 I Street NW, Suite 2208 Attn: <> Washington DC 20536 8 NAME AND ADDRESS OF CONTRACTOR (No. street. comfy, Stare ender Code) COUNTY OF FINAL RURAL BRANCH 0 BOX 3125 1400 NORTH 11 MILES CORNER ROAD CASA GRANDE AZ 852220125 (1) 9A AMENDMENT OF SOLICITATION NO 98? DATED ITEM II) 10A MODIFICATION OF CONTRACTIORDER NO ?0004 108. DATED (SEE ITEM II) 1000013370000 12/07/2006 1 1. THEM TO AMEN oTEms OF SOUCITATIDNS Is extended. is not extended 0am must aolInoIArIedge reoe?qat of this amendment prior lo the heur and dare occurred in the ?situation or as amended. by one OI me lollowm mem' By completing Itemse and 15, and relummg copies of the amendmem; By receth of this amendment on eacn copy a! the offer submitted. or By separate Inner Dr IeIegrarn which includes a reIerenoe lo the solicnation and amendmenl 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. II by vinue of this amendment you desire lo change on War already submiued. such change may be made by telegram or provided each telegram or IelIer makes relerenoe lo the solicitation and this amendment. and In received prior lo the aperture beer and dare spewed. 127 ACCOUNTING AND APPROPRIATION DATA (If mom?de See Schedule 15. THIS ITEH ONLY APPUES TO MODIFICATION OF CONTRACTSIORDERS. IT HODIFIES THE CONTRACTIORDER NO. AS DESCRIBED IN 14. M. A. THIS CHANGE ORDER Is ISSUED PURSUANT To: (Spea?l'y authority) THE ORDER NO. IN ITEM 10A. CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT D. THE ABOVE NUMBERED CONTRACTIORDER IS MODIFIED T0 REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying Of?ce, appme date, etc) SET FORTH IN ITEM 14. PURSUANT TO THE AUTHORITY OF FAR 43 1 03(0) C. THIS SURREMEN IS ENIERED INIO FURSUANT TO AUTHORITY OF. D. OTHER (Speafy Type or modr?caIIOn and Cantreclor Is not. is required lo sign this document and mum Administrative modification to revise invoice submission 0 cop-as Io me Tssumg cam 14. DESCRIPTION OF AMENDMENTIMODIFICATION (Organrzed by UCF Search headings. Indodrng sacramm'comrec! subject matter where feasible DUNS Number: 100001387 Program Office Point of Contact: Contracting Officer: (W6), Continued Excepl as provided heron, an terms and com-Irons of the dowrnent reIerenoed In llem 9A or 10A. 15A NAME AND TITLE OF SICNrirrype arena!) as herelclore changed, remams unchanged and In tome and c?ecl. I TEA NAME AND TITLE OF CONTRACTING OFFICER (Type orprI?an 1587 CONTRACTORIOFFEROR 15C DATE SIGNE (syringe 01mm mum: to sage) NSN 7540014510070 Previous edition unusable 160 DATE SIGNED FORM 30 (REV. 10-83) Prescribed by GSA FAR (:18 CPR) 531243 CONTINUATION SHEET REFERENCE OF DOCUMENT BEING commqu PAGE OF NAME OF OFFEROR OR COUNTY OF PINAL WEMNO (A) suppuemsenwces (B) (C) UNW (D) (E) AMOUNT (F) The purpose of this modification is to revise the procedure for Providers to submit their invoices for Agreement DROIGSA-07-0004I. This revised procedure is effective June 02, 2008 and pertains to all invoices submitted on that date and thereafter. 1. In accordance with Billing Procedures, revise paragraph (A) ?Invoicing? to read as follow: Invoices shall be submitted via one of the following three methods: a. By mail: DHS. ICE Burlington Finance Center 9.0. Box 1620 Williston, VT 05495-1620 Attn: ICE-DRO-FOD-PHOENIX b. By facsimile (fax): (include a cover sheet with point of contact of pages} 802?288-7658 c. By e-mail: Invoice.Consolidation@dhs.gov Invoices submitted by other than these three methods will be returned. The contractor's Taxpayer Identification Number (TIN) must be registered in the Central Contractor Registration prior to award and shall be notated on every invoice submitted to ICE on or after June 02, 2008 to ensure prompt payment provisions are met. The ICE program office shall also be notated on every invoice. 2. The information required with each invoice submission is as follows: a. The name and address of the facility: b. Invoice date and number: c. Agreement number, Task Order Number and line item number. d. Terms of any discount for prompt payment offered; Continued NSN Hum-014524137 FAR (48 CFR) 53.110 oourmumon SHEET REFERENCE ML JF DOCUMENT BEING CONTINUED PAGE OF 3 NAME OF OFFEROR OR common COUNTY OF FINAL HEMNO. (A) SUPPLIESISERVICES (B) oumnnv (C) uun (D) (E) AMOUNT (F) e. Name, title, and phone number of person to notify in event of defective invoice; f. Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this Agreement. (See paragraph 1 above.) 9. The daily rate: h. The total number of residential/detainee days; i. The name of each ICE resident/detainee; j. A?number; k. Specific dates of detention for each resident/detainee; 1. The total residential/detainee days multiplied by the daily rate; m. For transportation/stationary guard services, the itemized invoice shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the that was guarded. Items a. through h. and 1. must be on the cover page of each invoice submission. Invoices without the above information may be returned for resubmission. 3. All other terms and conditions remain the same. 754001-151?! 5191??) poawod by GSA FAR CFR) 53.110 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001582 REFERENCE NO. OF BEING CONTINUED PAGE OF SHEET DROIGSA-07-000 4 9000 02 2 NAME OF OFFEROR OR CONTRACTOR COUNTY or PINAL NO. SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (D) (E) (F) revised procedure is effective December 10. 2008 and pertains to all invoices submitted on that date and thereafter. C. Under section titled DIEM RATES AND PRICE ADJUSTMENTS, paragraph 1 is revised as follows: From: The Federal Government may not be billed for two days when a prisoner is admitted one evening and removed the following morning. Pinal County may bill for the day of arrivaldeparture. To: The Federal Government may not be billed for two days when a ICE Detainee is admitted one evening and removed the following morning. The Provider may bill for the day of arrivaldeparture. When the ICE detainee is received on the same calendar day and released on the same day, at least one meal must be given in order for the Provider to bill for that D. All other terms and conditions remain the same. NSN 7540-0145233? OPTIONAL FORM 336 (4-86) (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.2012FOIA3030001584 I SHEE REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF com" 2 2 NAME OF OFFEROR on CONTRACTOR COUNTY OF FINAL ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Contracting Officer Representative changed to New Administration Address: ICE/Detent Mngt/Detent Contract?LAG Immigration and Customs Enforcement Office of Acquisition Management 24000 Avila Road, Room 3104 Mm: (94 9, 4 25- (W6) Laguna Niguei CA 92677 NSN mam-15am: 336 4-86) ICE.2012 95691555 i. ?mm-wt imam E?Miizt?- AMENDMENI 01- SULILI LA I IUMMOIHPK A1103. LON I i .rrmx .xn .: l'i?l?l?L'l?WE: mu 7: mumu- g: \u 5 Faucet-l 3m um In 15.31 mm mm: Itflz?ih?d-th-iMAN: (Sum? lifiillmax'. hmuiumtwn and ('usIa-ms and a?halmm It'?sc ni? (mice nI?Acquisi?m: ?h 05.1 Rum. Room ?714-1 LT-BUIJU Avila} Ruins. Elsi-um HHS 2 .xgunn Mguc! 93577 Langmm Xigucl i 925?? I- 3 "\Mi ?3 I \u f-rrw! 1 mm?, Jud/13:? .3 SUI ll an a 5H. mmx; 3?45 {113-13'53{32137535015 H. 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H) 7annals:an?; .4.- iHlx?iH 2-(?Hi-Ali '25 muzhi?k .mw Mimm- Huh?yr .im .in. mum: mad man: .sxgmu the :unw'TifuI?L'u: i wuss? hcudsuux :mludm: qumiszu-u CHUITLIJ Nihiik". ?3.3m: as?!ch IciriN: In; purpose at {me madammaw: :w um-rpum 313' E?vuiwrnuamc ?mu! EkIum-m \umduni 3 i i \cmt? him: and immiz um! En'wnamm \?uuld Elma Em A cun?lzi my: 'u Hu?un Urn ~!.m.l.ull and ail} nmur 1cm] .md gl?mhilmi {In- u: le-gg In ml [ms hm .m 111-; I cutlncungzt {an uiaintmmon ?m Rum and cavlzd?ivszx um imam. 1 Mrs": ?23: 252V rd 2.: nd lln? hr?- h, ??zafgya - firm.--? im im! man. i \iu?NH) i W, I - :id?j?g: mm?riim' i'rnimn l.dilinn l?nusahir . . . In?: 141053.245 (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.2012FOIA3030001587 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF 2 2 NAME OF OFFEROR OR CONTRACTOR COUNTY or FINAL ITEM NO, SUPPLIESISERVICES QUANTITY NIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) All other terms and conditions remain unchanged. Exempt Action: NSN 754001-1524?? FAR (43 COUNTY OFFICE Chapter 500 I OPR: (W6), ADULT DETENTION CENTER Health Welfare Deputy Chief Section: 5.4 SUBJECT: Sexual Assault June 10,2013 RESTRICTED EFFECTIVE DATE: SUPERSEDES: PCSO-ADC SOP June 10,2012 5.4 Dated April 18, 2010 FACILITY PROCEDURES PURPOSE The Pinal County Adult Detention Center establishes a zero tolerance standard for the incidence of prison rape and sex-related and attempted sex related offenses. The Detention Center shall strictly enforce all federal state and local laws regarding inmate sexual misconduct. threats of sexual assault or intimidation by providing clear de?nitions of allegations of sex-related offenses or threat, identi?cation of predators, protection of victims and prescribing sanctions for substantiated sexual offenses as well as false allegations. This policy applies to all employees, all incarcerated inmates without regard to their prefpost conviction status or housing location. 5.4 RATIONALE All reported inmate allegations of sexual misconduct by staff or other inmates shall be reported to the Shift Supervisor immediately. The allegations shall be reported to, and investigated by the Jail nvestigatcr(s) or Internal Affairs, as appropriate. Consensual sexual conduct shall not occur between a staff member and inmate as described in ARS13-1419. 5.4.1 DEFINITIONS Employee Any person compensated by Pinal County for working full-time, part time or by paid internship. Any person or corporation, other than an employee, providing any service Contractors to the facility for an agreed upon form of compensation. Contractors may include other local government agencies that contract with the facility for inmate labor or who supervise inmate work crews in community improvement projects. Any person having access to the facility including those areas of the local Professional Visitors courts utilized by the Detention Center, who provide a professional service to inmates or staff, including but not limited to; attorneys. paralegals, bonding agents, private medical professionals, investigators, and clergy. Volunteer Any person who, by mutual agreement with the facility provides services without compensation, or who voluntarily assist inmates or the facility in the course of the volunteer?s duties. Row narnsno Rape Engaged oral/vaginallanal intercourse with another by force. or the threat of force, without the consent of the other; and employ or display a dangerous weapon; threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, dis?gurement, serious physical injury, or kid napping. Sexual Offense Engaged in a sexual act with another by force, or that of force, without the consent of the other; and employ or display a dangerous weapon, or physical object that the victim reasonably believes is a dangerous weapon; threaten. or place the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, dis?gurement, serious physical injury, or kidnapping. Sexual Assault Forceful or intimidating behavior by one or more persons that causes another person to unwillingly engage in a partial or complete sexual act. This includes pressure, threats, or other actions and communications by one or more persons to force another person to engage in partial or complete sexual acts. Sexual Misconduct Sexual behavior directed towards inmates, including sexual abuse, sexual assault, sexual harassment, physical conduct of a sexual nature, sexual obscenity, invasion of privacy beyond that reasonably necessary for safety and security, and conversations or correspondence of a romantic or intimate nature. PREA Prison Rape Elimination Act 5.4.2 INTAKE 5.4.2.1 Newly arrested inmates shall be provided with information that is communicated verbally and in writing concerning prison rape, sexual abuse/assault, and sexual misconduct which will consist of: 5.4.2.1.1 Prevention/Intervention 5.4.2.1.2 Self Protection 5.4.2.1.3 Reporting sexual abuse/assault 5.4.2.1.4 Treatment and counseling 5.4.2.2 Inmates shall be screened (as part of the classi?cation assessment) within 24 hours of arrival for potential vulnerabilities of acting out with sexually aggressive behavior. Housing classi?cation shall be made accordingly. 5.4.2.3 Medical staff conducting intake screening shall ask inmates whether they have been sexually victimized in the past. When an inmate reports that helshe has been a victim of rape. sexual abuse/assault, or sexual misconduct, medical staff shall immediately make a referral of the inmate for assessment and possible treatment. 5.4.2.4 Classi?cation staff shall review the inmates Criminal History to identify any history of sexually aggressive behavior. Classi?cation staff shall refer inmate(s) with a history of sexually abuse behavior to the Medical Unit for assessment, counseling. and possible Rev: 06/05/12 treatment. Refusal to participate in treatment. when it is determined to be necessary, must be documented by Mental Health Staff and placed in the ln-Custody ?le. 5.4.2.5 Inmates who, prior to the current con?nement. have been sexually assaulted and inmates identi?ed as at risk for sexual victimization shall be referred to and assessed by a Mental Health professional. 5.4.3 VICTIM IDENTIFICATION Occasionally staff will hear of an inmate being threatened with sexual misconduct or rumored to have been victimized. Some victims of rape, sexual assault, or sexual misconduct may be suspected because of unexplained injuries, changes in physical behavior such as dif?culty walking, or abrupt personality changes such as withdrawal and suicidal behavior. Staff may be aware of sexual misconduct in any of the following ways. 5.4.3.1 Discovers a sexual assault in progress. 5.4.3.2 Victim reports a sexual assault incident. 5.4.3.3 Rumored or suspected sexual assault. Inmates have the option to report an alleged sexual misconduct incident to the Chaplain. Medical/Mental Health Unit, and Detention staff. Of?cers shall contact a supervisor if they suspect that an inmate might have been sexually assaulted or they observe any of the signs or listed above. 5.4.4 STAFF INTERVENTION WITH VICTIMS 5.4.4.1 If an inmate was threatened or the act of rape. sexual assault, sexual offense, or sexual misconduct. the Shift Supervisor shall be noti?ed immediately. The staff member shall conduct a detailed incident report of the alleged incident. The Shift Supervisor shall: 5.4.4.1.1 Ensure the victim and aggressor are physically separated and keep separate alerts issued to prevent further misconduct. 5.4.4.1.2 Notify the Jail Investigator, and Command Staff. 5.4.4.1.2.1 If the victim is an ICE Detainee or US Marshall their respective agency shall be noti?ed. 5.4.4.1.3 Secure the location and all contents of the misconduct area as a crime scene until the Jail Investigator arrives. 5.4.4.1.4 Ensure the victim does not wash, brush their teeth, shower or change clothing pending arrival of the Jail Investigator. 5.4.4.141 The victim shall be isolated pending interview, after initial interview the inmate may be moved to more appropriate housing. 5.4.4.1.5 Thoroughly document the allegations and all actions taken on an Incident Report. 5.4.4.2 The Jail Investigator shall immediately conduct an inquiry to prove the legitimacy of any allegation. Rnu' 5.4.4.3 5.4.4.4 5.4.4.5 5.4.4.6 5.4.4.7 5.4.4.7.1 5.4.4.8 5.4.4.9 5.4.4.10 5.4.4.11 5.4.5 5.4.5.1 If an investigation concluded that the sexual assault was fabricated or that the inmate inflicted or attempted self-injury. staff may recommend disciplinary actions against the inmate. An assessment of the inmate?s role and degree of responsibility is necessary. If allegation of sexual abuse. assault, and/or threat is credible the Jail Investigator shall immediately conduct an investigation and document its ?nding for the County Attorney?s Of?ce for prosecution of the alleged offender. If an assault is less than 72 hours old and injuries are minimal. Medical staff shall refer the victim to the Rape Crisis Team Center (RCTC) for initial intake evaluation and evidence collection. Staff shall not be involved in the collection of evidence in sexual assault cases nor should the attempt of examination to determine the extent of the assault. All sexual assault examinations must be conducted by the RCTC. The victim can decline referral to the RCTC this refusal is documented as a ?Refusal of Medical Care? with the inmate?s signature. Even if the referral is refused, a telephone notification is to be made to the RCTC. If the victim does not consent to evidence collection or it is after 72 hours a Mental Health Referral shall be completed. As such. all requests shall be acted upon immediately in order to eliminate evidence being destroyed or contaminated and/or provide safety for alleged victims. The Shift Supervisor shall be responsible to ensure that data and documentation is gathered to be forwarded to the Jail Investigator for review. All case records associated with claims of rape, sexual abuse/assault. sexual misconduct. threat or allegation thereof including incident reports, investigative reports, offender?s information. case disposition. medical and counseling evaluation ?nding. and recommendations for post-release treatment shall be maintained by the Records Division and made available to appropriate federal, state and local agencies upon request. STAFF AND INMATE SEXUAL MISCONDUCT All employees and those referenced above under de?nitions must report at once to the Shift Supervisor or Command Staff any unauthorized contact with any former inmate, or with relatives or friends of an inmate who approach or contact them on any issue involving an inmate. Dnu' ?Qingl?i 0 5.4.5.2 lf an inmate was threatened with rape, sexual assault, sexual offense or sexual misconduct, and the alleged misconduct aggressor is a staff member the Shift Supervisor shall immediately: 5.4.5.2.1 5.4.5.2.2 5.4.5.2.3 5.4.5.3 Remove the staff member from any inmate contact/areas. Place the individual in a non-inmate contact duty post pending initial investigation. Make noti?cation to the Deputy Chief. Every alleged incident of prohibited conduct shall immediately be reported to the Shift Shift Supervisor who will initiate a Work Related Inquiry (WRI) report for submission of the Deputy Chief within 72 hours. The WRI must contain the following. 5.4.5.3.1 5.4.5.3.2 5.4.5.3.3 5.4.5.3.4 5.4.5.3.5 5.4.5.3.6 5.4.6 5.4.6.1 5.45.1.1 5.45.1.2 5.4.6.1.3 5.4.6.1.4 5.4.7 Complaint Individual receiving report All individuals involved, alleged or actual Summation of investigative efforts, recommendations. and action taken. A verbal report of the allegation shall be made within 2 hours of receipt to the Deputy Chief or designee. The Deputy Chief or designee shall make notification to the Sheriff. STAFF TRAINING The Training Coordinator shall ensure that all staff: Are trained to recognize the signs of sexual assault. Understand the identi?cation and referral process when an alleged sexual assault occurs. Have a basic understanding of sexual assault prevention and response techniques. Receive training on the Prison Rape Elimination Act (PREA). DATA COLLECTIONS Collection of data and records of claims associated with rape, sexual offense, sexual assault, and sexual misconduct shall be maintained in the Records Division under the Uniform Crime Report (UCR). The records collection shall consist of the following: 5.4.7.1 The number of reported incidents of inmate-on-inmate sexual violence and staff-on- inmate sexual misconduct by gender. 5.4.7.2 The method of recording these incidents disciplinary, grievance, investigative, or medical ?les). 5.4.7.3 The type of information recorded allegations, con?rmed incidents. incidents involving serious bodily harm, or threats). 5.4.7.4 The place where the incidents occur (eg. in the victims' cell/room, in a common area, or outside of the facility). Dau- ?3 5.4.7.5 Any additional data that is available offender?s information. case disposition, medical and counseling evaluation findings, and recommendations for post-release treatment/counseling). 5.4.8 FORM 5.4A Process for Investigative Sexual Assault Allegations . l. l. l. ?3?1 0 Pinal County Adult Detention 5.4A PROCESS FOR INVESTIGATING SEXUAL ASSAULT ALLEGATIONS Secure Crime Scene Inmate Allegation of Sexual Assault Reported to Staff Member Investigator/Shift Supervisor Immediately Noti?ed and Incident Report Completed Ensure that Victim and Aggressor are Physically Separated. If inmate-on- Immediately Notified. PCSO Detention Investigator A by Investigator Forensics Evidence Secured Alleged Victim Examined by Detention Center Medical Services. No Forensics Specimens Collected. 1 Rape Crisis Team Immediately Contacted and Requested to Respond inmate, One or Both placed in Separate Safe Cells. If Staff Involvement PCSO Prof. Standards Immediately noti?ed Upon Completion of Examination Immediate Referral to Mental Health Conducts Interviews Separate Criminal Investigation Criminal Investigator Conducts Use of investigative Tools Completed Investigative Report Review of Property and Physical Evidence Inmate on Inmate Alleged Victim Remains in Safe Cell until released by Mental Health. Alleged aggressor Held Until Investigation Complete. Staff on Inmate Management Decision on need to place of?cer on Admin. Leave or move Inmate. 7 Management Decision on Referral County Attorney for Criminal Prosecution Professional Standards for Separate Administrative Investigation