. .. . . - INTER-GOVERNMENTAL SERVICE AGREEMENT - - UNITED STATES DEPARTMENT or ROWLAND SECURITY . .. . . . . OFFICE OF DETENTION REMOVALDETENTION CENTER) This Inter-Govermnental S?rvibe Agreement (?Agreement?) is entered into between United States Department Of Homeland Security Immigration and Customs Enforcement and Pulaski 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. FACILITY LOCATION: The Service Provider shall provide detention services for detainees at the followin institution(s): Tri County Detention Center (Pulaski County) 1026. ShaWnee College Road . IJll-in, IL 62992 INTERGOVERNMENTAL SERVICE AGREEMENT 0 Attachment. 1? Title 29, Part 4 Labor Standards for Federal Service Contract Clause 0 Attachment 2 - Wage Determination Number 2010-0191 Rev 1 Dated 12/06/2010. IN WITNESS WHEREOF. the undersigned, duly authorized of?cers, have subscribed their names on behalf of the Tri County Detention Center and Department of Homeland Security, US. Immigration and Customs Enforcement. ACCEPTED: ACCEPTED: US. Immigration and Customs Tri County Detention Center Enforcement Page 1 of 17 2012FOIA3030.008919 Article I. Purpose A. -Pu_rpose: The purpOse of this Intergovernmental service Agreement (IGSA) is to a establish an Agreem?entbetWeen ICE and the Service Provider for the detention and care of persons detained under the authority 'of-the Immigration'and' - - Nationality Act, as amended. All persons in the custody of ICE are . ?Administrative Detainees?. This term recognizes that ICE detainees are not charged with criminal violations and are only held in custodyto assure their presence throughout the administrative hearing process and to assure their presencefor removal from the United States'pursuant to a lawful ?nal order by "the Immigration Court, the Board of "Iinmi'gration 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 $76.00. ICE shall - be responsible for reviewing and approving the costs associated with this Agreement and subsequent modi?cations utilizing all applicable federal procurement laws, regulations and standards in arriving at the detainee day rate. Article II. General A. Commencement of Services: ICE is under no obligation to utilize the facility identi?ed herein until the need for detention services has been identi?ed, ?mding has been identi?ed and made available, and the facility meets ICE requirements- and is in compliance with ICE detention standards. B. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present detainees to the Service Provider nor direct performance of any other services until ICE has the appropriate funding. Orders will be plaCed under this Agreement when speci?c requirements have been identi?ed and funding obtained. Performance under this Agreement is not authorized until the Contracting Of?cer issues an order in writing. The effective date of the Services will be negotiated and speci?ed in a delivery order to this Agreement. C. Subcontractors: The Service Provider shall notify and obtain approval from the ICE Contracting Of?cer?s Technical Representative (COTR) or designated ICE of?cial if it intends to house ICE detainees in a facility other than the [Facility - Name]. 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 Page 2 of 17 entity. The Contracting Of?cer 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 payments will be made to theService Provider. ICE will. not . acceptinvoices from, or make payments to a sitbcontractor. subcontractors that . perform under this agreement are subject to the terms and conditions of IGSA. - - D. Consistent with Law: This is a firm ?xed rate agreement, not a cost reimbursable agreement. This Agreement is permitted under applicable statutes, regulation, policies or judicial mandates. Any provision of this Agreement contrary to applicable statutes, regulation, policies or judicial mandates is null and void and shall not necessarily affect the balance of the Agreement. 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. The types and levels of services shall be consistent with those the Service Provider routinely affords other inmates. Ifthe Service Provider determines that ICE has delivered a person for custody Who is under the age of eighteen (18), the Service Provider shall not house that person with adult detainees and shall immediately notify the ICE COTR or designated ICE of?cial. ICE will use its best efforts to remove the juvenile within seventy?two (72) hours. C. Unit of Service and Financial Liabilitv: 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 ecsts 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 Page 3 of 17 3) Indirect costs in which a percentage of all local goVernrnent costs are pro-rated and applied to individual departments unless those costs are allocated under an approved Cest Allocation Plan 4) Detainee services which are not provided to, or'cann'ot be used by, Federal detainees . I 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 Goverrunent, legal expenses of individual detainees or inmates) I I 8) Contingencies 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. Ifthe Service Provider uses a detainee for translation service, it shall notify ICE within twenty?four (24) hours of the translation service. E. Escort and Transportation Services: The Service Provider will provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees to and from designated locations. Escort services may be required for escorting detainees to 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 ?our properly identi?ed ICE personnel or other prOperly identi?ed I Federal law enforcement of?cials with prior authorization ?tom 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 ?nnish 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. Page 4 of 17 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 ?om 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 Re?lsal: The Service Provider retains the right to refuse acceptance, or request removal, of any detainee exhibiting violent or disruptive behavior, or of any detainee found to have a medical condition that requires medical care beyond the scope of the Service Provider?s health care provider. In the case of a. detainee already in custody, the Service Provider shall. notify ICE and request such removal of the detainee from the Facility. The Service Provider shall allow ICE reasonable time to make alternative arrangements for the detainee. E. Emergency Evacuation: In the event of an emergency requiring evacuation of the Facility, the Seryi0e_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 designated ICE of?cial within two (2) hours of evacuation. - Article V. Detention Standards - Satisfactoryr Performance: The Service Provider is required to house detainee and perform related detention services in accordance with the most current edition of the ICE 2008 Performance Based National Detention Standards found within the ICE Detention Operations Manual. This manual can be found at standards/20087. ICE In5pectors will conduct periodic inspections of the facility to assure compliance with the ICE 2008 Performance Based National Detention Standards. Article VI. Medical Services A. The Service Provider shall be responsible for providing health care services for ICE detainees at the facility, including: on-site sick call, over the counter medication and routine drugs and medical supplies. Page 5 of 17 2012FOIA3030.008923 . In the event of an emergency, the Service Provider shall proceed immediately with necessary medical treatment. In such event, the Service Provider shall notify ICE immediately regarding the nature of the transferred detainee?s illness or injury and type of treatment provided. . 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. . The Service Provider shall ensure that onsite medical and health care coverage is available for all ICE detainees at the facility Monty?four (24) hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health complaints and deliver complaintsin to the medical and health care staff. . The Service Provider shall ?n?nish onsite health care under this Agreement as de?ned by the facility local health authority. The Service Provider shall not charge any ICE detainee an additional fee or co-payment for medical services or treatment provided at the Facility. The Service Provider shall ensure that ICE detainees receive no lower level of onsite medical care and services than those it provides to local inmates, if there are any. . Onsite health care services shall perform initial medical screening within 12 hours of arrival to the facility, sick call coverage, provision of over-the-counter. medications, treatment of minor injuries, treatment of special needs and mental health assessments. A fiJll health assessment to include a history and hands on physical examination 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), and recording the history of past and present illnesses (mental and physical, pregnancy status, history of substance abuse). . If the Service Provider determines that an ICE detainee has a medical condition which renders that person unacceptable for detention under this Agreement, (fer example, contagious disease, condition needing life support, uncontrollable violence), the Service Provider shall notify ICE. Upon such noti?cation, the Service Provider shall allow ICE reasonable time to make the proper arrangements for further disposition of that detainee. The DIHS acts as the agent and ?nal health authority for ICE on all off-site detainee medical and health related matters. The Service Provider shall release any and all medical information for ICE detainees to the DII-IS representatives up on request, except where prohibited by federal or state law or regulation. The Page 6 of 17 2012FOIA3030.008924 Service Provider shall submit-a Treatment Authorization Request (TAR) to DII-IS for payment before proceeding with non?emergency, off-site medical care g. off site lab testing, eyeglasses, cosmetic dental, prosthetics, and dental care for cosmetic purposes). J. The Service Provider shall submit supporting documentation for non-routine, off- site medical/health services to DII-IS. For medical care provided outside the facility, the DII-IS may determine that an alternative medical provider or institution that more aptly meets the needs of ICE and the detainee. The Service - Provider shall send requests for pie-approval for non-emergency off-site care electronically to the following address WWiCehealthorg/tarweb. K. The Service Provider shall ?n?nish twenty?four. (24) hour emergenby medical care and facility emergency evacuation procedures. In an emergency, the Service Provider shall obtain the medical treatment required. The Service Provider shall have access to an off site emergency medical provider at all times. The Health . Authority of the Service Provider shall notify Managed Care Coordinators ICE Health Services 1220 Street, NW, PMB 468 Washington, DC, 20005-4018 phone (888) 718-8947 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 for payment from the DH-IS Managed Care Coordinator for service(s) beyond the initial emergency situation. . L. The Service Provider shall allow DIHS Managed Care Coordinators reasonable access to its facility and medical records of ICE detainees for the purpose of liaison activities with the local IGSA Health Authority and associated Service Provider departments. - M. The Service Provider shall provide ICE detainee medical records to ICE Whether created by the Service Provider or its subcontractors/vendor upon request ?om the Contracting Of?cer?s Technical Representative or Contracting Of?cer. N. All claims for authorized medical care are to be submitted to the following address: HIS VA Financial Services Center PO Box 149345 Austin TX 78714-9345 0. The Division of Immigration" Health Services (DH-IS) provides limited prescription drug coverage for individuals in the custody of ICE. Page 7 of 17 Prescriptions are ?lled at local pharmacies which are part of the Script Care Network (or other designated Pharmacy Bene?ts Manager). Below is the process for obtaining prescriptions for ICE detainees: I 1. "The provider shall request a group number which should be used at the pharmacy in conjunction with the 004410 and Processor Control DH-IS assigned by Script Care Network to designate this is an detainee. The custodial facility should either fax or take a copy of the prescription to their participating pharmacy and indicate that this is an ICE detainee. . 2. The pharmacy will run the prescription through the Script Care netw0rk for processing. I 3. Formulary prescription will be dispensed; however, there will be no need for an exchange of cash between the pharmacy and custodial facility as the pharmacy will receive payment directly from Script Care. 4. Non-Formulary prescriptions will follow the same procedure as formulary prescriptions; however, because non?formulary medications require prior authorization the pharmacy will receive a rejection indicating prior authorization is required. At that point the custodial facility will fax to Script Care the Drug Prior Authorization Request Form to the number designated at the top of the form; The authorization will be loaded into the Script Care network and the pharmacy will receive a call indicating the prescription has been approved. Non?Formulary urgent request must be submitted in the above manner except an should be placed on the form in the space for URGENT REQUEST and faxed to 409-923-7391. The authorization will be loaded into the Script Care network and the pharmacy will receive a call indicating the prescription has been approved. For fur?'ier information regarding the Script Care Network please contact the VA Financial Services Center at 800-479-0523 or Script Care directly at 800- 880?9988. Article VII. No Employment of Unauthorized Aliens Subject to existing laws, regulations, Executive Orders, and add'enda to this Agreement, the Service Provider shall not employ aliens unauthorized to werk in the United States. Except for maintaining personal living areas, ICE detainees shall not be required to perform manual labor. . Article Employment Screening Requirements A. General. The Service Provider shall certify to the Contracting Of?cer that any . employees performing under this Agreement, who have access to ICE detainees, 'will have successfully completed an employment screening that includes at a minimum a criminal history records check, employment reference checks and a citizenship check. Page 8 of 17 B. Employment Eligibility. Each employee working on this contract shall successfully pass Employment Eligibility Veri?cation (E?Verify) program Operated by USCIS to establish work authorization The E?Verify system, formerly known as the Basic Pilot/Employment Eligibility Veri?cation Program, is an Internet-based system Operated by DHS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E?Verify represents the best means currently available for employers to verify the work authorization of their employees. Each employee working on this contract shall have a Social Security Card issued and approved by the Social Security Administration. The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any subcontractor(s) and their employees. Subject to existing law, regulations and/or other provisions of this contract, illegal or undocumented aliens shall not be employed by the Contractor, or under this contract. The Contractor shall ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this. contract. - - - C. Security Management. The Contractor shall appoint a senior of?cial to act as the Corporate Security Of?cer. The individual shall interface with the through the COTR on all security matters, to include physical, personnel, and . protection of all Government information and data accessed by the Contractor. The COTR and the OPR-PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COTR determine that the Contractor is not complying with the security requirements of this contract, the Contractor 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. Article IX. 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 effect for a period not to exceed 60 months unless extended by bi?lateral modi?cation or terminated in writing by either party. Either party must provide written notice of intention to terminate the agreement, 120 days in advance of the e?'ective date of formal termination, or the Parties may agree to a shorter period under the procedures prescribed in Article XI. Page 9 of 17 Article X. Inspection A. Jail Ageement Insy ection Report: The Jail Agreement Inspection Report stipulates minimum requirements for ?re/safety code compliance, supervision, segregation, sleeping utensils, meals, medical care, con?dential communication, telephone access, legal counsel, legal library, visitation, and recreation. The Service Provider shall allow ICE to conduct inspections of the facility, as required, to ensure an acceptable level of services and acceptable conditions of con?nement as determined by ICE. No notice to the Service Provider is required prior to an inspection. ICE will conduct such inspections in accordance with the Jail Agreement Inspection Report. ICE will share ?ndings of the inspection with the Service Provider's facility administrator. The Inspection Report will state any improvements to facility operation, conditions of con?nement, and level of service that will be required by the Service Provider. - B. Possible Termination: If the Service Provider fails to remedy de?cient service I identi?ed through an ICE inspection, ICE may terminate this Agreement without regard to the provisions of Articles IX and XI. C. 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 fromthe date of the detainee's discharge from the Service Provider's custody. Article XI. Modifications and Disputes A. Modi?cations: Actions other ?aan those designated in this Agreement will not bind or incur liability on behalf of either Party. Either Party may request a modi?cation to this Agreement by submitting a written request to the other Party. A modi?cation will become a part of this Agreement only after the ICE Contracting Of?cer and the authorized signatory of the Service Provider have approved the modi?cation in writing. B. Chan es: (1) The Contracting Of?cer may at any time, by written order, and without notice to the Service Provider, if any, make changes within the general scope of this Agreement in any one or more of the following: Page 10 of 17 I Description of services to be performed, including revisions to the detention standards. . Quantity of services to be provided. Place of performance of the services. (2) If any such change causes an increase or decrease in the cost of the services under the Agreement, the Contracting Of?cer shall make an equitable adjustment in the agreement price and shall modify the Agreement accordingly. (3) The Service provider must assert its right to an adjustment under this Article within 30 days from the date of receipt of the written "order including a pr0posa1 addressing the cost impacts and detailed supporting data. (4) If the Service Provider?s proposal includes costs that are determined unreasonable and/or unsupportable, as determined by the Contracting Of?cer, the Contracting Of?cer shall disallow those costs when determining a revised rate, if any. (5) Failure to agree to any adjustment shall be a diSpute under the Disputes section of the Agreement. However, nothing in this Article shall excuse the Service Provider from proceeding with the Agreement as changed. C. Disputes: The ICE Contracting Of?cer and the authorized signatory of the Service Provider will settle diSputes, questions and concerns arising from this Agreement. Settlement of disputes shall be memorialized in a written modi?cation between the ICE Contracting Of?cer and authorized signatory of the Service Provider. In the event a diSpute is not able to be resolved between the Service Provider and the ICE Contracting Of?cer, the ICE Contracting Of?cer will 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. "Article XII. Adjusting the Detainee Day Rate ICE shall reimburse the Service Provider at the ?xed detainee day rate shown on the cover page of the document, Article I C. The Service Provider may request a rate adjustment no less then thirty-six (3 6) months after the. effective date of the . ageement unless required by law (see Article XIX). After thirty-six (36) months, the Service provider may request a. rate adjustment by completing a Jail Services Cost Statement (J SCS.) that can be obtained through the Contracting Of?cer. The Parties shall base the cost portion of the rate adjustment on the principles of allowability and allocability as set forth in OMB Circular A-87, federal procurement laws, regulations, and standards in arriving at the detainee day rate. If ICE does not receive an of?cial request for a detainee day rate adjustment that is supported by an ICE 808, the ?xed detainee day rate as stated in this Agreement will be in place inde?nitely. XI A. Page 11 of 17 2012FOIA3030.008929 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 1999, ICE makes all payments only by EFT. The Service Provider shall identify their ?nancial institution and related information on Standard Form 3 881, Automated Clearing House (ACH) Vendor Miscellaneous Payment Enrollment Form. The Service Provider shall submit a completed SF 3881 to ICE payment of?ce prior to submitting its initial request for payment under this Agreement. If the EFT data changes, the Service Provider shall be reopensible for providing updated information to the ICE payment of?ce. B. Consolidated 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: b. pages) DHS, ICE Burlington Finance Center PO. Box 1620 Williston, VT 05495-1620 Attn: (example) Invoice By facsimile (fax): (include a cover sheet with point of contact of 802-288-7658 c. By a-mail: Invoice.Consolidation@dhs.gov Invoices submitted by other than'these three methods will be returned. The Provider?s Taxpayer Identi?cation Number (TIN) must be registered in the Central Contractor Registration gov) prior to award and shall be notated on every invoice submitted to ICE to ensure prompt payment provisions are met. The ICE program of?ce shall also be notated on every invoice. Each invoice submitted shall contain the following information: a. b. c. d. the name and address of the facility; Invoice date and number; Agreement number, line item number and, if applicable, the Task order number; Terms of any discount for prompt payment offered; Page 12 of 17 2012FOIA3030.008930 9 Name, title, and phone number of person to notify in event of defective invoice; Taxpayer Identi?cation Number (TIN). 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. - i=5 verve-mo re Items a. through i. above must be on the cover page of the invoice. Invoices without the above information may be returned for resubmission. C. Pament: 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 Pa ent Act requires ICE to make payments under this Agreement the thirtieth (3 0t calendar day after the Burlington Finance Of?ce. receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The Prompt Payment Act requires ICE to pay interest on overdue payments to the Service Provider. ICE will determine any interest due in accordance with the Prompt Payment Act provided the SerVice Provider maintains an active registration in Central Contractor Registration (OCR) and all information is . accurate Article XIV. Government Furnished Property A. Federal Property Furnished to the Service Provider: ICE may furnish Federal Government property and equipment to the Service Provider. Accountable property remains titled to ICE and shall be returned to the custody of ICE upon termination of the Agreement. The: suspension of use of bed space made available to ICE is agreed to be grounds for the recall and return of any or all gavernment 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. Page 13 of]? Article XV. Hold Harmless and Indemni?cation Provisions Unless speci?cally addressed by the terms of this Agreement, the parties agree to be resPonsible for the negligent or wrongful acts or omissions of their respective employees. A. Service Provider Held Harmless: ICE liability. for any injury, damage or loss to persons or property arising in the performance of this Agreement and caused by the negligence of its own of?cers, employees, agents and representatives shall be governed by the Federal Tort Claims Act, 28 USC 2691 et seq. Service Provider shall notify ICE of any claims or lawsuits ?led against any ICE . employees of which Service Provider is noti?ed. The Service Provider will be held harmless for any injury, damage or loss to persons or property caused by an ICE employee arising in the performance of this Agreement. B. Federal Government Held Harmless: Service Provider liability for any injury, damage or loss to persons or property arising out of the performance of this Agreement and caused by the negligence of its own of?cers, employees, agents and representatives shall be governed by the applicable State tort claims act. ICE - shall notify Service Provider of any claims ?led against any of Service Providers employees of which ICE is noti?ed. The Federal Government will be held harmless for any injury, damage or loss to persons or preperty caused by a Service Provider employee arising in the performance of this Agreement. . 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, m0ve either to have the Service Provider dismissed from such suit; to have ICE substituted as the proper party defendant; or to have the case removed to a court of proper jurisdiction. Regardless of the decision on any such motion, ICE shall request that the US. Attorney's Of?ce be responsible for the defense of any suit on these grounds. D. ICE Recovery Right: The Service Provider shall do nothing to prejudice? 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 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 Page 14 of 17 2012FOIA3030.008932 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 ?om 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 by the Service Provider pursuant to the Debt Collection Improvement Act of 1982, as amended. Article XVII. Escort/Stationary Guard and/or Transportation Services I A. Transuort/Escort/Stationarv Services Rate: The Service Provider agrees, upon request of the Federal Government in whose custody an ICE detainee is held, to provide all such air/ ground services as may be required to transport detainees securely, in a timely manner, to locations as directed by the ICE COTR or designated ICE of?cial. ICE directed transportation will be reimbursed at the rate of $29.05 per hour. Any incurred overtime pay for such services will be reimbursed at the applicable overtime rate of per hour. At least quali?ed law enforcement or correctional of?cer personnel employed by the Service Provider under their policies, procedures and practices will perform transport services. - Tran5portation shall be reimbursed at the mileage rate established pursuant to the General Services Administration satelallvuance rate. established in theungreement. The mileage rate for this agreementisreimbursedjii accordance thecurrent? GSA mileage rate. Mileage shall be denoted as a separate item on submitted invoices. B. MedicalILegal Transportation: Transportation and/or escort/stationary guard services for ICE detainees housed at the Service Provider?s facility to and from a medical facility for outpatient care, and transportation and/or escort guard services for ICE detainees housed at the Service Provider?s facility admitted to a medical facility; and for detainees attending off?site court proceedings. An of?cer or of?cers shall keep the detainee under constant supervision twenty?four (24) hours per day until the detainee is ordered released from the hospital, or at the order of the COTR. The Service 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. Page 15 cf17 2012FOIA3030.008933 C. Indemni?es: Furthermore, the Service Provider agrees to hold harmless and indemnify and its o?cials in their of?cial and individual capacities horn any liability, including third?party liability or worker?s compensation, arising from the conduct of the Service Provider and its employees during the course of transporting ICE detainees. D. Personal Vehicles: The Service Provider shall not allow employees to use their personal vehicles to tranSport detainees. The Service Provider shall furnish vehicles equipped with interior security features including physical separation of detainees from guards. The Service Provider shall provide interior security specifications of the vehicles to ICE for review and approval prior to installation. E. Training and compliance: The Service Provider shall comply with ICE transportation standards related to the number of hours the Service 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. F. I Same Sex Transnort: During all transportation activities, at least one (1) of?cer shall be the same sex as the detainee. Questions concerning guard assignments- shall be directed to the COTR for ?nal determination. G. Miscellaneous Transportation: The COTR may direct the Service Provider to transport detainees to unapeci?ed, miscellaneous locations. H. Billing Procedures: The itemized invoice for such stationary guard services shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the detainee(s) that was guarded. Article Contracting Of?cer?s Technical Representative A. The COTR shall be designated by the Contracting Of?cer. When and if the COTR duties are reassigned, an administrative modi?cation will be issued to re?ect the changes. This designation does not include authority to sign contractual documents or to otherwise commit to, or issue changes, which could affect the price, quantity, or performance of this Agreement. B. 31:10de the Provider believe it has received direction that is not within scope of the agreement; the Provider shall not proceed with any portion that is not the scepe of the agreement without ?rst contacting the Contracting Of?cer. The Provider shall continue performance of efforts that are deemed within scope. Page 16 071517 2012FOIA3030.008934 Article XIX. 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 hereby incorporated?Attachment 1. 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 ?rmish 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. Article XX. Noti?cation and Public Disclosures: D. . There shall be no public disclosures regarding this agreement made by the Provider (or any subcontractors) without review and approval of such disclosure by ICE Public Affairs and express permission granted by the ICE Contracting Of?cer. Article XXI. Incident Reporting: The Service Provider shall notify the cognizant ICE of?ce in accordance with the applicable ICE National Detention Standard. Article XXII. Additional Requirements for Tri?County Detention Center: 1. The Service Provider shall retro?t the televisions for headphone use and provide headphones to detainees for television viewing/ listening. This cost is included in the negotiated bed day rate. 2. The Service Provider shall provide civilian type uniforms" for the detainees (no jumpers). This cost is included in the negotiated bed day rate. END OF DOCUMENT - Page 17 0:51? 2012FOIA3030.008935 HEADQUARTERS EXECUTIVE REVIEW I Review Authority The signature below constitutes review of this report and acceptance by the Review Authority. will have 30 days from receipt of this report to reSpond to all ?ndings and recommendations. HQDRO EXECUTIVE REVIEW: (Please Print Name) Assistant Director for Management ?Mn/an ll 'l I Final Rating: Meets Standards I: Does Not Meet Standards Comments: The Review Authority concurs with the recommended rating of ?Meets Standards? for West Tennessee Detention Facility Annual Review. A Corrective Act-ion Plan has been received correcting the de?ciencies. No further action is required and this review is closed. Form G-324A egg! I lamb HSE em? (EAW Em GRGEMENI SENSHWE)