DROIGSA-08-0010 INTER-GOVERNMENTAL SERVICE AGREEMENT BETWEEN THE UNITED STATES or HOMELAND SECURITY us. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF DETENTION AND REMOVAL AND Snume COUNTY, NH This Inter-Governmental Service Agreement(?Agreement?) is entered into between United States Department of Homeland Security Immigration and Customs Enforcement and Sha??ord County (?Service Provider?) for the detention and care of aliens (?detainees?). The term ?Parties? is used in this Agreement to refer jointly to ICE and the Service Provider. L0 TION: The Service Provider shall provide detention services for detainees at the following institution(s): Stra??ond County Jail 266 County Farm Road Dover, NH 03820-6041 INTERGOVERNMENTAL SERVICE AGREEMENT 0 ATTACHMENT 1? Title 29, Part 4 Labor Standards for Federal Service Contract Clause 0 ATTACHMENT 2 - Wage Determination Number 2007-0573, Rev 1, Dated 10/30/2007 the undersigned, duly authorized of?cers, have subscribed their names on behalf of the Stafford County and Department of Homeland Security, US. Immigration and Olstoms Enforcement. ACCEPTED: ACCEPTED: Stafford County, NH US. Immigration and Customs Enforcement C(mmfino Mom Countv Administrator i 81 Drama?" '3an 7.691153 (9M) I9)th By: . Date:. (I RFP Attachment 2 6/9/2008 Page 1 of 15 Article I. Purpose A. Pumose: The purpose of this Intergovermnental 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 ofthe Immigration and Nationality Act, as amended. All in the custody of ICE are ?Administrative Detainees?. This term recognizes that ICE detainees are not charged with criminal violations and are only held in custody to assure their presence throughout the administrative hearing process and to assure their presence for removal from the United States pursuant to a lawful ?nal order by the Immigration Court, the Board of Immigration Appeals or other Federal judicial body. B. Responsibilities: This Agreement sets forth the responsibilities of ICE and the Service Provider. The Agreement states the services the Service Provider shall perform satisfactorily to receive payment from ICE at the rate prescribed in Article I, C. C. Guidance: This is a ?xed rate agreement, not a cost reimbursable agreement, with respect to the detainee day rate. The detainee day rate is $67.34. ICE shall be responsible for reviewing and approving the costs associated with this Agreement and subsequent modi?cations utilizing all applicable federal procurement laws, regulations and standards in arriving at the detainee day rate. Article II. General A. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal-funds. ICE will neither present detainees to the Service Provider nor direct performance of any other services until ICE has the appropriate funding. Orders will be placed under this Agreement when speci?c requirements have been identi?ed and funding obtained. Performance under this Agreement is not authorized until the Contracting Of?cer issues an order, inwriting. The effective date of the Agreement will be negotiated and speci?ed in a delivery order to this Agreement that is supported by the ICE Contracting Of?cer. This Agreement is neither binding nor effective unless signed by the ICE Contracting Of?cer. Payments at the approved rate will be paid upon the return of the signed Agreement by the authorized Local Government of?cial to ICE. B. Subcontractors: The Service Provider shall notify and obtain approval from the ICE Contracting Of?cer?s Technical Representative (COTR) or designated ICE of?cial if it intends to house ICE detainees in a facility other than the Strafford County Jail. If either 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?ceris approval before subcontracting the detention and care of detainees to another entity. The Contracting Officer has the right to deny, Withhold, or withdraw approval of the proposed subcontractor. .Upon approval by the Contracting 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 6/9/2008 Attachment 2 Page 2 of 15 2012FOIA3030.000971 payments will be made to the Service Provider. ICE will not accept invoices ?om, or make payments to a subcontractor. - C. Consistent with Law: This is a ?rm ?xed rate agreement, not cost reimbursable agreement. This Agreement is permittedunder applicable statutes, regulation, policies or judicial mandates. Any provision of this Agreement contrary to applicable statutes, . regulation, policies or judicial mandates is null and void and shall not necessarily affect the balance of the Agreement. Article Covered Services A. Bedspace: The Service Provider shall provide male/female beds on a space available basis. The Service Provider shall house all detainees as determined within the Service Provider?s classi?cation system. ICE will be ?nancially liable only for the actual detainee days as de?ned in Paragraph of Article B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement. In providing these services, the Service Provider shall ensure Compliance with all applicable laws, regulations, ?re and safety codes, policies and procedures. If the Service Provider determines that ICE has delivered a person for custody who is under the age of eighteen (18), the Service Provider shall not house that person with adult detainees and shall immediately notify the ICE COTR or designated ICE of?cial. The types and levels of services shall be consistent with those the Service Provider routinely affords other inmates. C. Unit of Service and Financial Liability: The unit of service is called a ?detainee day? and is de?ned as one person per day. The detainee day begins on the date of arrival. The Service Provider may bill ICE for the date of arrival but not the date of departure. The Service Provider shall not charge for costs that are not directly related to the housing and detention of detainees. Such costs include but are not limited to: 1) Salaries of elected of?cials 2) Salaries of employees not directly engaged in the housing and detention of detainees 3) Indirect costs in which a percentage of all local government costs are pro-rated and applied to individual departments unless, those cost are allocated under an approved Cost Allocation Plan 4) Detainee services which are not provided to, or cannot be used by, Federal detainees 5) Operating costs of facilities not utilized by Federal detainees 6) Interest on borrowing (however represented), bond discounts, costs of ?nancing/re?nancing, except as prescribed by OMB Circular 7) Legal or professional fees (speci?cally legal expenses for prosecution of claims against the Federal Government, legal expenses of individual detainees or inmates) 8) Contingencies 6/9/2008 RFP Attachment 2 Page 3 of 15 2012FOIA3030.000972 D. 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 language interpretive services. Upon request, ICE will assist the Service Provider in obtaining translation services. The Service Provider shall provide all instructions verbally either in English or the detainees? language, as appropriate, to detainees who cannot read. The Service Provider shall include the actual costs that the Service Provider paid for such services on its invoice. Except in emergency situations, the Service Provider shall not use detainees for translation services. If the Service Provider usesa detainee for translation service, it shall notify ICE within twenty?four (24) hours of the translation service. E. Escort and Transportation Services: The Service Provider will provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees to and from designated locations. Escort services will be required for escorting detainees to court hearings; escorting witnesses to the courtroom and staged with the ICE Judge during administrative prOceedings. Transportation Services shall be performed by at least two (2) quali?ed sworn law enforcement or correctional of?cer personnel employed by the Service Provider under their policies, procedures and authorities. See Article XVII. Article IV. Receiving and Discharging Detainees A. Reguired Activity: The Service Provider shall receive and discharge detainees only to and from properly identi?ed ICE personnel or other properly identi?ed Federal law enforcement officials with prior authorization from Presentation of US. Government identi?cation shall constitute ?prOper identi?cation.? The Service Provider shall furnish receiving and discharging services twenty-four (24) hours per day, seven (7) days per week. ICE shall furnish the Service Provider with reasonable notice of receiving and discharging detainees. The Service Provider shall ensure positive identi?cation and recording of detainees and ICE of?cers. The Service Provider shall not permit medical or emergency discharges except through coordination with on?duty ICE of?cers. B. Emergency SituatiOns: ICE detainees shall not be released from the facility into the custody of other Federal, state, or local of?cials for any reason, except for medical or emergency situations, without express authorization of ICE. C. Restricted Release of Detainees: The Service Provider shall not release ICE detainees from its physical custody to any persons other than those described in Paragraph A of Article IV for any reason, except for either medical, other emergency situations, or in response to a federal writ of habeas corpus. If an ICE detainee is sought for federal, state, or local proceedings, only ICE may authorize release of the detainee for such purposes. The Service Provider shall contact the ICE COTR or designated ICE of?cial immediately regarding any such requests. D. Service Provider Right of Refusal: The Service Provider retains the right to refuse acceptance, or request removal, of any detainee exhibiting violent or disruptive behavior, a or of any detainee found to haVe a medical condition that requires medical care beyond 6/9/2008 RFP Attachment 2 Page 4 of 15 2012FOIA3030.000973 . If the scope of the Service Provider?s health care provider. In the case of a detainee already in custody, the Service Provider shall notify ICE and request such removal of the detainee from the Facility. The Service Provider shall allow ICE reasonable time to make alternative arrangements for the detainee. E. Emergency Evacuation: In the event of an emergency requiring evacuation of the I Facility, the Service Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, as it employs for persons detained under the Service Provider?s authority. The Service Provider shall notify the ICE COTR or designated ICE of?cial within two (2) hours of evacuation. Article V. Detention Standards Satisfactory PerformanCe: The Service Provider is required to house detainees and perform related detention services in accordance with the most current edition of ICE National Detention Standards ICE Inspectors will conduct periodic inspections of the facility to assure compliance with the ICE National Detention Standards. Article VI. Medical Services A. Auspices of Health Authority: The Service Provider shall provide ICE detainees with on- site health care services under the control of a local government designated Health Authority. The Service Provider shall ensure equipment, supplies, and materials, as required by the Health Authority, are furnished to deliver health care on?site. B. Level of Professionalism: The Service Provider shall ensure that all health care serVice providers utilized for ICE detainees hold current licenses, certi?cations, and/or registrations with the State and/or City where they are practicing. The Service Provider shall retain a registered nurse to provide health care and sick call coverage unless expressly stated otherwise in this Agreement. In the absence of a health care professional, non?health care personnel may refer detainees to health care resources based upon protocols developed by United States Public Health Service (USPHS) Division of Immigration Health Services (DIHS). C. Access to Health Care: The Service Provider shall ensure that on-site medical and health care coverage as de?ned below is available for all ICE detainees at the facility for at least eight (8) hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health complaints and deliver the complaints in writing to the medical and health care staff. The Service Provider shall furnish the detainees instructions in his or her native language for gaining access to health care - services as prescribed in Article Paragraph D. D. On-Site Health Care: The Service Provider shall furnish on-site health care under this Agreement. The Service Provider shall not charge any ICE detainee an additional fee or Co-payment for medical services or treatment provided at the Service 6/9/2008 RFP Attachment 2 Page 5 of 15. 2012FOIA3030.000974 ?3 e- i Provider's facility. The Service Provider shall ensure that ICE detainees receive no lower level of on?site medical care and services than those it provides to local inmates. On?site health care services shall include arrival screening within twenty?four (24) hours of arrival at the Facility, sick call coverage, provision of over-the-counter medications, treatment of minor injuries g. lacerations, sprains, and contusions), treatment of special needs and mental health assessments. Detainees with chronic conditions shall receive prescribed treatment and follow-up care. . Arrival Screening: Arrival screening shall include at a minimum TB screening, planting of the Tuberculin Skin Test (PPD), and recording the history of past and present illnesses (mental and physical). The health care service provider or trained health care personnel may perform the arrival screening. . Acceptance of Detainees with Extreme Health Conditions: If the Service Provider determines that an ICE detainee has a medical condition which renders that person unacceptable for detention under this Agreement, (for example, contagious disease, condition needing life support, uncontrollable violence), the Service Provider shall notify the ICE COTR or the designated ICE of?cial. Upon such noti?cation the Service Provider shall allow ICE reasonable time to make the proper arrangements for further disposition of that detainee. . DIHS Pre-Approval for Non?Emermcv Off-Site Care: The Service Provider shall obtain DIHS approval for any non-emergency, off-site healthcare for any detainee. 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 Service Provider shall release any and all medical information for ICE detainees to the DIHS representatives upon request. The Service Provider shall solicit DIHS approval before proceeding with non-emergency, off-site medical care off site lab testing, eyeglasses, cosmetic dental prosthetics, dental care for cosmetic purposes). The Service Provider shall submit supporting documentation for non-routine, off-site medical health services to DIHS. For medical care provided outside the facility, DIHS may detennine 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 Service Provider for non-emergency medical costs incurred that were not pre?approved by the DIHS. The Service?Provider shall send all requests for pro-approval for non- emergent off-site care to: - Phone: (888) 718-8947 FAX: (866) 475-9349 Via website: The Service 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: United States Public Health Services Division of Immigration Health Services 1220 Street, NW PMB 468 Washington, DC 20005?4018 6/9/2008 RFP Attachment 2 Page 6 of 15 2012FOIA3030.000975 (Phone): (FAX): (866)-475-9349 Via website: H. Emergency Medical Care: The Service Provider shall furnish twenty-four (24) hour emergency medical care and emergency evacuation procedures. In an emergency, the Service Provider shall obtain the medical treatment required to preserve the detainee's health. The Service Provider shall have access to an off?site emergency medical provider at all times. The Health Authority of the Service Provider shall notify the DIHS Managed Care Coordinator by calling the telephone number listed in paragraph above as soon as possible, and in no case more than seventy-two (72) hours after detainee receipt of such care. The Health Authority will obtain pre-authorization from the DIHS Managed Care Coordinator for service(s) beyond the initial emergency situation. I. Off-Site Guards: The Service Provider shall provide guards at all times detainees are admitted to an outside medical facility. J. DIHS Visits: The Service Provider shall allow DIHS Managed Care Coordinators reasonable access to its facility for the purpose of liaison activities with the Health Authority and associated Service Provider departments. Article VII. No Employment of Unauthorized Aliens Subject to existing laws, regulations, Executive Orders, and addenda to this Agreement, the - . Service Provider shall not employ aliens unauthorized to work in the United States. Except for maintaining personal living areas, ICE detainees shall not be required to perform manual labor. Article Employment Screening Requirements A. General. The Service Provider shall certify to the US. Immigration and Customs Enforcement, Contracting Of?cer that any employees performing under this Agreement, who have access to ICE detainees, will have successfully completed an employment screening that includes at a minimum a criminal history records check, employment reference checks and a citizenship check. 3. Employment Eligibility. Screening criteria that will exclude applicants from consideration to perform under this agreement includesi 1. Felony convictions 2. Conviction of a sex crime 3. Offense/s involving a child victim 4. Felony drug convictions 5. Pattern of arrests, without convictions, that brings into question a person's judgment and reliability to promote the ef?ciency and integrity of the ICE mission. . 6. Intentional falsi?cation and/or omission of pertinent personal information to in?uence a favorable employment decision. 6/9/2008 RFP Attachment 2 I Page 7 of 15 2012FOIA3030.000976 Subject to existing law, regulations and/or other provisions of this Agreement, illegal or undocumented aliens shall not be employed by the Service Provider. The Service Provider shall certify that each employee working on this Agreement will have a Social Security Card issued and approved by the Social Security Administration. The Service Provider shall be responsible to the Government for acts and omissions of his own employees and for any Subcontractor(s) and their employees. The Service Provider shall expressly incorporate this provision into any and all Subcontracts or subordinate agreements issued in support of this Agreement. The Service Provider shall recertify their employees every three years by conducting a criminal history records check to maintain the integrity of the workforce. The Service Provider shall implement a SelfuReporting requirement for its employees to immediately report one's own criminal arrest/s to superiors. Secm'itLManagement. The Service Provider shall appoint a senior of?cial to act as the Agreement Security Officer. The individual will interface with the COTR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Service Provider. The COTR and Contracting Of?cer shall have the right to inspect the procedures, methods, all documentation and facilities utilized by the Service Provider in complying with the security requirements under this Agreement. Should ICE determine that the Service Provider is not- complying with the security requirements of this Agreement, the Service Provider shall be informed in writing by the Contracting Of?cer of the proper action to be taken in order to effect compliance with these employment screening requirements. - . Article IX. Period of Performance A. 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 effect for a period not to exceed 60 months unless extended by bi-lateral modi?cation or terminated in writing by either party. Either party must provide written notice of intention to terminate the agreement, 60 days in advance of the effective date of formal termination, or the Parties may agree to a shorter period under the procedures preseribed in Article XI. Basis for Price Adiustment: 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. Article x. 6/9/2008 RFP Attachment 2 Page 8 of 15 2012FOIA3030.000977 A. .. Jail Agreement Inspection Report: The Jail Agreement Inspection Report stipulates minimum requirements for ?re/safety code compliance, supervision, segregation, sleeping utensils, meals, medical care, con?dential communication, telephone access, legal counsel, legal library, visitation, and recreation. The Service Provider shall allow ICE to conduct inSpections of the facility, as required, to ensure an acceptable level of services and acceptable conditions of con?nement as determined by ICE. No notice to the Service Provider is required prior to an inspection. ICE will conduct such in5pections in accordance with the Jail Agreement Inspection Report. ICE will share ?ndings of the inspection with the Service Provider's facility administrator. The Inspection Report will state any improvements to facility operation, conditions of con?nement, and level of service that will be required by the Service Provider. Possible Termination: If the Service Provider fails to remedy de?cient service identi?ed through an ICE inspection, ICE may terminate this Agreement without regard to the provisions of Articles IX and XI. Share Findings: The Service Provider shall provide ICE copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. Access to Detainee Records: The Service Provider shall, upon request, grant ICE access to any record in its possession, regardless of whether the Service Provider created the record, concerning any detainee held pursuant to this Agreement. This right of access shall include, but is not limited to, incident reports, records relating to suicide attempts, and behavioral assessments and other records relating to the detainee?s behavior while in the Service Provider?s custody. Furthermore, the Service Provider shall retain all records where this right of access applies for a period of two (2) years from the date of the detainee's discharge from the Service Provider's custody. . Article XI.- Modifications and Disputes A. 6/9/2008 RFP Attachment 2 Modi?cations: Actions other than those designated in this Agreement will not bind or incur liability on behalf of either Party. Either Party may request a modi?cation to this Agreement by submitting a written request to the other Party. A modi?cation will become a part of this Agreement only after the ICE Contracting Of?cer and the authorized signatory of the Service Provider have approved the modi?cation in writing. DisQutes: The ICE Contracting Of?cer and the authorized signatory of the Service Provider will settle disputes, questions and concerns arising from this Agreement. Settlement of disputes shall be memorialized in a written modi?cation between the ICE Contracting Of?cer and authorized signatory of the Service Provider. In the event a dispute is not able to be resolved between the Service Provider and the ICE Contracting . Of?cer, the ICE Contracting Of?cer will make the ?nal decision. If the Service Provider does not agree with the ?nal decision, the matter may be appealed to the ICE Head of the Contracting Activity (HCA) for resolution. The ICE HCA may employ all methods available to resolve the dispute. including alternative dispute resolution techniques. The Service Provider shall proceed diligently with performance of this Agreement pending ?nal resolution of any dispute. Page 9 0f15 2012FOIA3030.000978 E?x- Article XII. Adjusting the Detainee Day Rate ICE shall reimburse the Service Provider at the ?xed detainee day rate shown on the cover page of the document, Article 1. (C). The Parties may adjust the rate twelve (12) months after the effective date of the agreement and every twelve (12) months thereafter. The Parties shall base the cost portion of the rate adjustment on the principles of allowability and allowability as set forth in OMB Circular A-87, federal procurement laws, regulations, and standards in arriving at the detainee day rate. The request for adjustment shall be submitted on an ICE Jail Services Cost Statement. If ICE does not receive an o?icial request for a detainee day rate adjustment that is supported by an Jail Services Cost Statement, the ?xed detainee day rate as stated in this Agreement will be in place inde?nitely. See Article XI A. ICE reserves the right to audit the actual and/or prospective costs upon which the rate adjustment is based. All rate adjustments are prospective. As this is a ?xed rate agreement, there are no retroactive adjustment(s). Article Enrollment, Invoicing, and Payment A. Enrollment in Electronic Funds Transfer: The Service Provider shall provide ICE with the information needed to make payments by electronic funds transfer (EFT). Since January 1, 1999, ICE makes all payments only by EFT. The Service Provider shall identify their ?nancial institution and related information on Standard Form 3881, Automated Clearing House (ACH) Vendor Miscellaneous Payment Enrollment Form. The Service Provider shall submit a completed SF 3881 to payment office prior to submitting its initial request for payment under this Agreement. If the EFT data changes, the Service Provider shall be responsible for providing updated information to the ICE payment of?ce. B. Invoicing: The Service Provider shall submit an original itemized invoice containing the following information: the name and address of the facility; the name of each ICE detainee; detainee?s A-number; speci?c dates of detention for each detainee; the total number of detainee days; the daily rate; the total detainee days multiplied by the daily rate; an itemized listing of all other charges; and the name, title, address, and phone number of the local official reSponsible for invoice preparation. The Service Provider shall submit invoices within the ?rst ten (10) working days of the month following the calendar month when it provided the services, to: Department of Homeland Security lmrnigration and Customs Enforcement JFK Federal Building Government Center. Room 1775 Ann: team) Boston, Ma. 02203 Phone: 617-565-1635 Fax: 617-565-1570 6/9/2008 RFP Attachment 2 Page 10 of 15 2012FOIA3030.000979 . l- "i l' . NOTE: Consolidated invoicing will be implemented. The following language and procedure will then be implemented and supersede the language above and will be put into effect by separate written noti?cation from the Contracting Of?cer. B. 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.O. BOX 1620 Will'ston, VT 05495-1620 (example) b. By facsimile (fax): (include a cover sheet with point of contact of pages) 8024884658 - o. By e-mail: Invoice.Consolidation@dhs.gov Invoices. submitted by other than these three methods will be returned. The contractor?s Taxpayer Identi?cation Number (TIN) must be registered in the Central Contractor Registration prior to award and shall be notated on every invoice submitted to ICE on or after to ensure prompt payment provisions are met. The ICE program of?ce shall a so notated on every invoice. Each invoice submitted shall contain the following information: the name and address of the facility; Invoice date and number; Agreement number, line item number and, if applicable, the Task order number; Tenns?of any discount for prompt payment offered; Name, title, and phone number of person to notify in event of defective invoice; Taxpayer Identi?cation Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this Agreement. (See paragraph 1 above.) the total number of residential/detainee days; the daily rate; . the total residential/detainee days multiplied by the daily rate; the name of each ICE resident/detainee; resident?s/detainee?s A-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. reap?99?s? Items a. through i. above must be on the cover page of the invoice. Invoices without the above information may be returned for resubmission. 6/9/2008 RFP Attachment 2 Page 11 of 15 2012FOIA3030.000980 C. Payment: ICE will transfer funds electronically through either an Automated Clearing House subject to the banking laws of the United States, or the Federal Reserve Wire Transfer System. The Prompt Payment Act applies to this Agreement. The Prompt Payment Act requires ICE to make payments under this Agreement the thirtieth calendar day after the ICE Deportation of?ce receives a complete invoice. Either the date on the Government?s check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The Prompt Payment Act requires ICE to pay interest on overdue payments to the Service Provider. ICE will determine any interest due in accordance with the Prompt Payment Act. - Article XIV. Government Furnished Property A. Federal PronertLFurnished to the Service Provider: ICE may furnish 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 furnished prOperty. B. Service Provider Responsibility: The Service Provider shall not remove ICE property from the facility without the prior written approval of ICE. The Service Provider shall report any loss or destruction of any Federal Government property immediately to ICE. Article XV. 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 would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 USC 2691 et seq. B. Federal Government Held Harmless: The Service Provider shall save and hold harmless and indemnify federal government agencies to the extent allowed by law against any and all liability claims, and costs of whatsoever kind and nature for injury to 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. C. Defense of Suit: In the event a detainee ?les suit against the Service Provider contesting the legality of the detainee's incarceration and/or immigration/citizenship status, ICE shall request that the US. Attorney's Of?ce, as appropriate, move either to have the 6/9/2008 RFP Attachment 2 Page 12 of 15 2012FOIA3030.000981 . 1 - Service Provider dismissed from such suit, to have ICE substituted as the proper party defendant; or to have the case removed to a court of proper jurisdiction. Regardless of the decision on any such motion, ICE shall request that the U.S. 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 U.S. Government property. Upon request of the Contracting Of?cer, the Service Provider shall, at ICE's expense, furnish to ICE all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of the instruments of assignment in favor of ICE in obtaining recovery. Article XVI. Financial Records A. Retention of Records: All ?nancial records, supporting documents, statistical records, and other records pertinent to contracts or subordinate agreements under this Agreement shall be retained by the Service Provider for three (3) years for purposes of federal examinations and audit. The three (3) year retention period begins at the end of the ?rst year of completion of service under the Agreement. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three (3) year period, the records must be retained until completion of the action and resolution of all issues which arise from it or until the end of the regular three (3) year period, whichever is later. B. Access to Records: ICE and the Comptroller General of the United States, or any of their authorized representatives, shall have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its sub-contractors, which are pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. C. Delinquent Debt Collection: ICE will hold the Service Provider accountable for any overpayment, or any breach of this Agreement that results in a debt owed to the Federal Government. ICE shall apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Government by the Service Provider pursuant to the Debt Collection Improvement Act of 1982, as amended. Article XVII. Escort/Stationary Guard and/or Transportation Services (If Applicable) A. Transport Services Rate: The Service Provider agrees, upon request of the Federal Government in whose custody an ICE detainee is held, to provide all such air/ground transportation services as may be required to transport detainees securely, in a timely manner, to locations as directed by the. ICE COTR or designated ICE of?cial. Other ICE directed transportation will be reimbursed at the rate of $21.05 per hour. Transportation mileage shall be reimbursed at the mileage rate established pursuant to the General Services Administration (GSA)/federal travel allowance rates) in effect at the time of award. Any incurred overtime pay for such services will be reimbursed at the applicable overtime rate of $31.57 per hour. At least two (2) quali?ed law enforcement or 6/9/2008 RFP Attachment 2 Page 13 of 15 2012FOIA3030.000982 - . correctional officer personnel employed by the Service Provider under their policies, procedures and practices will perform transport services. Transportation shall be reimbursed at the mileage rate established pursuant to the current General Services Administration (GSA)/federal travel allowance rate at the time of Award. The mileage rate for this agreement is $0.505/mile. Mileage shall be denoted as a separate item on submitted invoices. . Medical Transnortation: Transportation and/or escort/stationary guard services for ICE detainees housed at the Service Provider?s facility to and from a medical facility for outpatient care, and tranSportation and/or escort guard services for ICE detainees housed at the Service Provider?s facility admitted to a medical facility; and to detainees attending off-site court proceedings. An officer or of?cers, shall keep the detainee under constant supervision twenty-four (24) hours per day until the detainee is ordered released from the hospital, or at the order of the COTR. The Service Providers agrees to augment such practices as may be requested by ICE to enhance speci?c requirements for security, detainee monitoring, visitation and contraband control. . Indemnities: Furthermore, the Service Provider agrees to hold harmless and indemnify and its of?cials in their of?cial and individual capacities from any liability, including third?party liability or worker?s compensation, arising from the conduct of the Service Provider and its employees during the course of transporting ICE detainees. . Personal Vehicles: The Service Provider shall not allow employees to use their personal vehicles to transport detainees. The Service Provider shall furnish vehicles equipped with interior security features including physical separation of detainees from guards. The Service Provider shall provide interior security speci?cations of the vehicles to ICE for review and approval prior to installation. . Training and Compliance: The Service Provider shall comply with ICE transportation standards related to the number of hours the Provider?s employee may operate a vehicle. The transportation shall be accomplished in the most economical manner. The Service Provider personnel provided for the above services shall be of the same quali?cations, receive training, complete the same security clearances, and wear the same uniforms as those personnel provided for in other areas of this agreement. . Same Sex Transoort: During all tran3portation activities, at least one (1) of?cer shall be the same sex as the detainee. Questions concerning guard assignments shall be directed to the COTR for ?nal determination. . . Miscellaneous Transnortation: The COTR may direct the Service Provider to transport detainees to unspeci?ed, miscellaneous locations. . Billing Procedures: The itemized invoice for such stationary guard services shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the detainee(s) that was guarded. Article Contracting Officer?s Technical Representative 6/9/2008 RFP Attachment 2 Page 14 of -1 5 duties are reassigned, an administrative modi?cation will be issued to re?ect the changes. This designation does not include authority to sign contractual documents or to otherwise commit to, or issue changes, which could affect the price, quantity, or performance of this Agreement. B. Should the Provider believe they have received direction that is not within scope of the agreement; the Provider shall not proceed with any portion that is not within the scope of the agreement without ?rst contacting the Contracting Of?cer. The Provider shall continue performance of efforts that are deemed within scope. Article XVIV. Labor Standards and Wage Determination 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?Attachment I. These standards and provisions are included in every contract/IGSA entered into by the United States or the District of Columbia, in excess of $2,500, or in an inde?nite amount, the principal purpose of which is to furnish services through the use of service employees--See Attachment 1. Wage Determination: Each service employee employed in the performance of this contract/IGSA 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 contract~~See Attachment 2. END OF DOCUMENT 6/9/2008 7 RFP Attachment 2 Page 15 of 15