(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.2012FOIA3030000955 ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE - 2 IMPORTANT: um nausea: and oaperl mm mound more: any numbers DATE or ORDER CONTRACT NO cause no 07QOQ010 ITEM no. WPLIESISERVICES oumnrv UNIT mm AMOUNT eumm (mouse neuynm to) (I) Accounting Info: Period of Performance: 07/20/2010 to 07/19/2015 0001 Bed Day Rate in accordance in accordance 1071620 on 118.00 0.00 with the Standard Inter-Governmental Service Agreement (165A). Note: This is not to exceed (NTE) the number of bed spaces: the actual hed spaces may differ. These proposed numbers are subject to change to suit LA Field Office operational needs. Product/Service Code: 5206 Product/Service Description: GUARD SERVICES Accounting Info: $0.00 (Subject to Availability of Funds) 0002 Cost Reimbursement for Medical Prescription 5 YR 720,000.00 0.00 Not to Exceed (NTEI in accordance with the Standard Inter-Governmental Service Agreement (IGSA). Note: This is not to exceed $720,000.00 per year: the actual medical prescriptions may differ. These proposed numbers are subject to change to suit LA Field Office operatiooal needs. Product/Service Code: 5206 Product/Service Description: GUARD SERVICES Accountina Info: $0.00 (Subject to Availability of Funds) Discount Terms: Net 30 Continued I TOTAL CARRIED FORWARO To IST PAGE 1701)) amen-no roe too-i REWIBN Jams who" not um OPTIONAL my mnmrutaalunam ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION IMPORTANT: um e: Manooureorenotn tournacruo 07/200010 DROIGSA- 10-0001 ORDER NO PAGE NO ITEM NO SUPPLIESFSERVICES QUANTITY ORDERED PRICE mow ACCEPTED (0 0003 Escort Services at Regular Rate in 42560 accordance with the Standard Inter'covernmental Service Agreement Note: This is not to exceed (NTEJ the number of hours for Escort Services at Regular Rate. the actual hours may differ. These proposed hours are subject to change to suit LA Field Office operational needs. ProductlService Code: 5206 Product/Service Description: GUARD SERVICES ccountinq Info: $0.00 (Subject to Availability of Fundsl 0004 21280 *Escort Services at Overtime Rate in accordance with the Standard Inter-Governmental Service Agreement (IGSAI. Note: This is not to exceed (RTE) the number of hours for Escort Services a: Overtime Rate: the actual hours may differ. These proposed hours are subject to change to suit LA Field Office operational needs. Product/Service Code: 5206 Product/Service Description: GUARD SERVI CES Accounting Info: 50.00 (Subject to Availability of Funds} 0005 Stationary Guard Services at Regular Rate in accordance with the Standard Inter-Governmental Service Agreement IIGSA). 42560 Note: This is not to exceed Continued (NTE) the HR HR 139.69 90.51 [39.69 0.00 0.00 0.00 t. roan. RIWTM IDYAL CARRIED FORWARD [0151? PAGE 17m? "moan mm ?at war: $000 mm Fm Gall mnmvuul 0:19am ORDER FOR SUPPLIES OR SERVICES PAGE ?0 SCH - CONTINUATION -1 IMPORTANT: H511: classless: and mom with comma snare! order lumbar: DATE OF ORDER ND ORDER NO 07/20/2010 onerosn- 10?0001 NO SUPPLIESISERVICES QUANTITY UNIT UNIT mount QUANTITY ORDERED PRICE ACCEPTED IO) Mr tn l0] number of hours for Stationary Guard Services at Regular Rate: the actual hours ay differ. These proposed hours are subject to change to suit LA Field Office operational needs. Product/Service Code: S206 Product/Service Description: GUARD ERV I CES Accountino Info: $0.00 (Subject to Availability of Funds} 0006 Stationary Guard Services at Overtime Rate 12480 HR 90.51 0.00 in accordance with the Standard Inter-Governmental Service Agreement (IGSAI. Note: This is not to exceed (NTE) the number of hours for Stationary Guard Services at Overtime Rate: the actual hours ay differ. These proposed hours are subject to change to suit LA Field Office operational needs. ProductiService Code: 5206 Product/Service Description: GUARD SERVICES ccountino Info: $0.00 :Subjec: to Availability of Funds} 0007 Transportation Mileage Rate in accordance 142002 DH 0.50 0.00 in accordance with the Standard Inter-Governmental Service Agreement Note: This is not to exceed (NTE) the number of mileage: the actual mileage may differ. These proposed routes are subject to change to suit Orange County operational needs. The COTR may direct the Service Continued tom. muse FORWARD to 16" PAGE men 1 mm $0.00 A: on tour umrm amount room a: ul- ?mm mm mu mamvumanunn ORDER FOR SUPPLIES OR SERVICES PAGE NO . SCHEDULE - CONTINUATION 5 DATE OF ORDER CONTRACT NO. ORDER NO 07/200010 1 ITEM NO, QUANTITY UNIT UNIT AMOUNT QUANTITY ORDERED ACCEPTED In) (C) In! (I) Provider to transport detainees to unspecified. miscellaneous locations not listed on the transportation Routes. Product/Service Code: 5206 Product/Service Description: GUARD SERVICES Accounting Info: $0.00 (Subject to Availability of Funds] 0008 Detainee Work Program Reimbursement Rate in 294996 DA 1.00 0.00 accordance with the Standard Inter-Governmental Service Agreement IIGSA). Note: This is not to exceed (HTS) quantity of days for Detainee Work Program, the actual number of detainees work may differ. Product/Service Code: 3206 Product/Service Description: GUARD SERVICES i new $0.00 (Subject to Availability of Funds} This is a fixed price contract to supply goods and/or services at the amount indicated. Contractor should not provide any additional supplies or services and let bill in any additional amount without authorization by the Contracting Officer. All other terms and conditions remain the same. Funding will be added by issuance of a task order. The total amount of award: $192,564,531.40. Continued 10m. cameo FORWARD To :57 PAGE (ITEM mm: W00 ORDER FOR SUPPLIES OR SERVICES "'35 SCHEDULE - CONTINUATION 6 mm on cam and pm: with mm! mm: mm manner: one OF omen CONTRACT NO. ORDER NO 07/20/2010 new no SUPPLIESISERWCES GUANIITY um! um! mourn oummv ORDERED mes ACCEPTED (bl (6) to tal The obligat mm for this award is shown in box 17 ti) . i. tom. cmmao FORWARD T0 :31 PAGE ?mu 1mm $0.00 man LDC-AL ?mm HOT FORM m- ma ?natural-manna? 0-0001 STANDARD INTERGOVERNMENTAL SERVICE AGREEMENT IGSA Table of Contents ARTICLE I - PURPOSE 4 4 ARTICLE II - GENERAL 5 ARTICLE - COVERED SERVICES 5 ARTICLE IV - RECEIVING AND DISCHARGING DETAINEES 7 ARTICLE - ICE DETENTION STANDARDS 8 ARTICLE VI - MEDICAL SERVICES 37 ARTICLE VII - NO EMPLOYMENT OF UNAUTHORIZED ALIENS 39 ARTICLE - EMPLOYMENT SCREENING REQUIREMENTS 40 ARTICLE IX - PERIOD OF PERFORMANCE 41 ARTICLE - INSPECTION 41 ARTICLE XI - MODIFICATIONS AND DISPUTES 42 ARTICLE XII - ADJUSTING THE BED DAY RATE 43 ARTICLE - ENROLLMENT, INVOICING, AND PAYMENT 43 ARTICLE XIV - ICE FURNISHED PROPERTY 45 ARTICLE XV - HOLD HARMLESS AND INDEMNIFICATION PROVISIONS 45 ARTICLE XVI - FINANCIAL RECORDS 46 ARTICLE XVII - TRANSPORTATION 46 ARTICLE - CONTRACTING TECHNICAL REPRESENTATIVE (COTR) 47 ARTICLE XIX - LABOR STANDARDS AND WAGE DETERMINATION 48 ARTICLE XX - NOTIFICATION AND PUBLIC DISCLOSURES 48 ARTICLE XXI - INCIDENT REPORTING 48 Page 1 of 48 DROIGSA- 0-0001 INTER-GOVERNMENTAL SERVICE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS AND COUNTY OF ORANGE This Inter-Governmental Service Agreement (?Agreement?) is entered into between United States Department of Homeland Security Immigration and Customs Enforcement and the County of Orange, by and through its Sheriff?s Department, Health Care Agency and County Executive Of?ce, (?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 following institutions: Theo Lacy Facility James A. Musick Facility 501 The City Drive South 13502 Musick Road Orange, CA 92868 Irvine, CA 92618 INTERGOVERNMENTAL SERVICE AGREEMENT 0 Attachment A - Statement of Work (SOW) - Attachment - ICE Design Standards 0 Attachment - Structured Cable Plant Standard 0 Attachment - Performance Requirements Summary 0 Attachment - Transportation Routes 0 Attachment - Quality Assurance Surveillance Plan (QASP) 0 Attachment - Title 29, Part 4 Labor Standards for Federal Service Contract Clause 0 Attachment - Wage Determination Number: 2005?2047, Dated 05/26/2009 0 Attachment I - Medical Services Overview by Facility Page 2 of 48 ICE.2012FOIA3030000962 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030000963 (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.2012FOIA3030000964 Article I. Purpose A. Pu_rpose: The purpose of this Intergovernmental Service Agreement (IGSA) is to establish an Agreement between ICE and the Service Provider for the detention and care of persons detained under the authority of the Immigration and Nationality Act, as amended. All persons in the custody of ICE are ?Administrative Detainees.? This term recognizes that ICE detainees are not charged with criminal violations and are only held in custody to assure their presence throughout the administrative hearing process and to assure their presence for removal ?om 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. Rates: This is a ?xed rate agreement, not a cost reimbursable agreement, except for medical prescriptions, with respect to the bed day rate for 838 detainees. 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 bed day rate. The parties agree to continue good faith negotiations toward development of a time line for completion of infrastructure activities. Infrastructure includes new construction and modi?cation of existing structures to meet ICE Design Standards to house ICE detainees. Bed Day Rate at Theo Lacy for 472 males 118.00 per detainee Bed Day Rate at James A. Musick for 256 males 118.00 per detainee Bed Day Rate at James A. Musick for 110 females 118.00 per detainee Cost Reimbursement for Medical Prescription Not to Exceed (NTE) $720,000.00 per year *Escort Services at Regular Rate 139.69 per hour *Escort Services at Overtime Rate 90.51 per hour *Stationary Guard at Regular Rate 139.69 per hour *Stationary Guard at Overtime Rate 55 90.51 per hour *Transportation Mileage rate 0.50 per mile Detainee Work Program Reimbursement 1.00 per day See Article XVII D. Cost Reimbursement for Prescriptions: This is a cost reimbursement line item for medical prescriptions. The Service Provider shall submit a invoice in accordance with Article The amount reimbursed will be the actual cost of prescription medications only. No overhead or pro?t will be reimbursed. Any non- prescribed over-the-counter medications shall be included in the bed day rate. The Service Provider and ICE shall monitor actual cost utilization for prescription medications and if costs are projected to exceed the NTE amount speci?ed herein, the Service Provider may request a modi?cation of the NTE for prescription medications in accordance with Article XLA. Page 4 of 48 Article II. General A. Commencement of Services: ICE is under no obligation to utilize the facilities identi?ed herein until the need for detention services has been identi?ed, funding has been identi?ed and made available, 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 ?inding. 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 Theo Lacy, James A. Musick, or the Intake and Release Center (IRC). If either the facility or any future facility is operated by an entity other than the Service Provider, ICE shall treat the entity as a subcontractor to the Service Provider. The Service Provider shall obtain the Contracting Of?cer?s approval before subcontracting the detention and care of detainees to another entity. The Contracting Of?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 i, shall provide ICE with copies of all subcontracts. All payments will be made to the Service Provider. ICE will not accept invoices from, or make payments to, a subcontractor. Subcontractors that perform under this agreement are subject to the terms and conditions of this IGSA. The requirements of this paragraph do not apply to service agreements usually and customarily entered into by the Service Provider to obtain or arrange for medical supplies, technical support, maintenance, or medical professional services such as physicians, radiologists, and dentists. D. Consistent with Law: This is a ?rm ?xed rate Agreement, not a cost reimbursable Agreement, except for medical prescriptions as outlined in Article I. D. 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 HI. Covered Services A. Bedspace: The Service Provider shall provide male/female beds on a space available basis, with minimum availability of 500 beds. Prior to reducing the ICE population, the Service Provider shall give ICE at least 90 days notice. ICE will transfer only in-custody detainees to the facilities for housing. 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 Page 5 of 48 The Sheriff Department has a legal obligation to house County inmates. If the inmate population of the County Jail begins to increase to a point where it appears to the Sheriff?s Department that the number of guaranteed beds for detainees may need to be reduced, the Sheriff?s Department shall notify ICE, and the Sheriff?s Department and ICE will work to resolve the issue within 90 days. Failure to resolve the issue may result in termination of the Agreement. . Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement. In providing these services, the Service Provider shall ensure compliance with all applicable laws, regulations, ?re and safety codes, policies and procedures. The types and levels of services shall be consistent with those the Service Provider routinely affords other inmates. If the Service Provider determines that ICE has delivered a person for custody who is under the age of eighteen (18), the Service Provider shall not house that person with adult detainees and shall immediately notify the ICE COTR or designated ICE of?cial. ICE will remove the juvenile within twenty-four (24) hours. . Unit of Service and Financial Liabilitv: The unit of service is called a ?bed day? and is de?ned as one person per day. The bed 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 A-87. 7) Legal or professional fees (speci?cally legal expenses for prosecution of claims against the Federal Government, legal expenses of individual detainees or inmates) 8) Contingencies . Interpretive/Translation Services: The Service Provider shall make special provisions for non-English speaking, handicapped or illiterate detainees. Upon request, ICE will assist the Service Provider in obtaining translation services through a toll free line. The Service Provider shall provide all instructions verbally, either in English or the detainees? language, as appropriate, to detainees who cannot read. Page 6 of 48 E. Escort and Transportation Services: The Service Provider shall provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees to and from designated locations (see Attachment - Transportation Routes). Escort services will be required for escorting detainees who are in the physical custody of the Sheriff?s Department to court hearings; escorting detainees who are in the custody of the Sheriff?s Department and who are witnesses to the courtroom and staged with the ICE Judge during administrative proceedings. Transportation Services shall be performed by at least (wae) quali?ed sworn law enforcement or correctional of?cer personnel employed by the Service Provider under their policies, procedures and authorities. F. Special Management Unit (SMU): The Service Provider, under this IGSA shall ensure access to Special Management Units with an Administrative Segregation section for detainees segregated from the general population for administrative reasons and a Disciplinary Segregation section for detainees segregated from the general population for disciplinary reasons. If a female detainee requires special management services beyond 72 hours, the Service Provider shall request that ICE remove the female detainee. Article IV. Receiving and'Discharging Detainees A. Required Activity: The Service Provider shall receive and discharge detainees only to and from properly identi?ed 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 will 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. ICE will not release detainees from the County of Orange facilities into the local community. The Service Provider will transport the detainee from the facility to the Los Angeles Field Of?ce which will effect release from custody. 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 shall make all reasonable efforts to receive ICE detainees. These efforts shall be in accordance with the Service Provider?s responsibility to ensure the safety and security of the detainees and staff. The Page 7 of 48 ICE.2012FOIA3030000968 Service Provider retains the right to refuse acceptance, or request removal of detainees under the following circumstances: 1. The detainee is determined through the Sherist Department?s classi?cation process to be an unacceptable risk to the safety and security of staff and/or other detainees. 2. There is a lack of available or suitable housing to accommodate the classi?cation of detainee. 3. On the rare occasion there is a pre-existing relationship between a detainee and staff member family, friend or former professional relationship) which may potentially cause a con?ict or compromise the security of the Facility and/or the staff member. 4. The detainee has a medical or mental health problem which requires care beyond the scope of the contractual level of care as de?ned in Attachment I or in any instance that is best for the health and welfare of the detainee. In the case of a detainee already in custody of the Service Provider, the Service Provider shall notify ICE and request such removal of the detainee from the Facility. In circumstances other than when the detainee requires immediate transfer to the hospital, the Service Provider shall allow ICE up to 72 hours to make alternative arrangements for the detainee. Should a substantial number of rejections occur, ICE reserves the right to request mediation or negotiation. E. Emergency Evacuation: In the event of an emergency requiring evacuation of the Facility, the Service Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, as it employs for persons detained under the Service Provider?s authority. The Service Provider shall notify the ICE COTR or designated ICE of?cial within two (2) hours of evacuation. F. Pregnant Detainees: The Service Provider shall accept pregnant detainees up to the end of 2"d trimester within the scepe of available medical services. Article V. ICE Detention Standards Satisfactory Performance: The Service Provider shall house detainees and perform related detention services in accordance with the 2008 edition of ICE Performance Based National Detention Standards with the exception of the IRC where housing is limited to under 72 hours. The complete set of standards applicable to this procurement is available from the following website: and incorporated herein. ICE Inspectors will conduct periodic inspections of the facility to assure compliance with the ICE Page 8 of 48 0-0001 The facility?s design and operation shall re?ect the Expected Outcomes as summarized and re?ected in the design statement and outlined at length below. Where minimum requirements are expressed, innovation is encouraged to further the goals of detention reform. Performance Outcomes The Expected Outcomes of the 42 are listed below. 1. PART 1 SAFETY 1 Emergency Plans Each facility will have in place contingency plans to quickly and effectively respond to any emergency situations that arise and to minimize their severity. 1. Staff will be trained at least annually in emergency preparedness and implementation of the facility?s emergency plans. 2. An evacuation plan will be in place in the event of a ?re or other major emergency, and the plan will be locally approved in accordance with this Detention Standard and updated at least annually. 3. Events, staff responses, and command-related decisions during and immediately after emergency situations will be accurately recorded and documented. 4. Plans will include procedures for handling detainees with special needs during an emergency or evacuation. 5. The applicable content and procedures in this standard will be communicated in a language or other manner that the detainee can understand. 2 Environmental Health and Safety 1. Facility cleanliness and sanitation will be maintained at the highest level. 2. Compliance with all applicable safety and sanitation laws will be ensured by documented internal and external inspections and corrective action when indicated. 3. Compliance with all applicable ?re safety codes and ?re safety performance requirements for the facility furnishings will be ensured. 4. Flammable, poisonous, toxic, and caustic materials will be controlled and used in a safe manner. 5. Compliance with ?re prevention regulations, inspection requirements, and practices, including periodic ?re drills, will ensure the safety of detainees, staff, and visitors. 6. Staff will be knowledgeable about procedures and responsibilities during emergency situations, including those that require evacuation, in accordance with a written plan and at least annual training. 7. The facility will have a plan for immediate release of detainees from locked areas and provisions for a back-up system 8. A suf?cient number of properly positioned emergency exits that are clear from obstruction will be and permanently marked. 9. Preventive maintenance and regular inspections will be performed to ensure timely emergency repairs or replacement to prevent dangerous and life-threatening situations. 10. Potential disease transfer will be minimized by the proper sanitization of barbering equipment and supplies. Page 9 of 48 11. Pests and vermin will be controlled and eliminated. 12. Safe potable water will be available throughout the facility. 13. Emergency lighting and life-sustaining equipment will be maintained and periodically tested. 14. Disposal of garbage and hazardous waste will be in compliance with applicable government regulations. 15. The applicable content and information in this standard will be communicated in a language or manner which the detainee can understand. 3 Transportation (by Land) 1. The general public, detainees, and staff will be protected from harm when detainees are transported. 2. Vehicles used for transporting detainees will be properly equipped, maintained, and operated. 3. Detainees will be transported in a safe and humane manner, under the supervision of trained and experienced staff. 4. To the extent practicable, reasonable accommodations wheelchairs, canes) will be made for detainees with physical disabilities and impairments in accordance with security and safety needs. PART 2 SECURITY 4 Admission and Release 1. Upon admission each detainee will be screened to ensure facility safety, security, and good order. Strip searches will be conducted in the least intrusive manner practicable. 2. Upon admission, each detainee?s personal property and valuables will be checked for contraband, inventoried, receipted, and stored. 3. Each detainee?s identi?cation documents will be secured in the detainee?s A-?le. 4. Upon admission, each detainee will be medically screened to protect the health of the detainee and others in the facility. 5. Upon admission, each detainee will be given an opportunity to shower and be issued clean clothing, bedding, towels, and personal hygiene items. 6. Upon admission, each detainee will undergo screening interviews and complete questionnaires and other forms. 7. Each newly admitted detainee will be kept separated from the general population until classi?ed and housed accordingly. 8. Each newly admitted detainee will be oriented to the facility through written material on facility policies, rules, prohibited acts, and procedures and, in some facilities, by viewing an orientation video, in a language or manner he or she can understand. 9. Detainees will be released, removed, or transferred from a facility only when staff have followed speci?ed procedures and completed required forms. 10. The facility will maintain accurate records and documentation on all detainees? admission, orientation, and release. 11. Detainees will have access to a telephone during the admission process 12. The applicable contents and procedures in this Standard will be communicated to the Page 10 of 48 detainee in a language or manner which the detainee can understand. Classi?cation System 1. 5" The community, staff, contractors, volunteers, and detainees will be protected from harm through a formal classi?cation process for managing and separating detainees by threat risk that is based on veri?able and documented data. Each detainee will be expeditiously classi?ed upon admission to the facility and before being admitted into general population housing. Non-criminal detainees will be protected from harm by assigning detainees housing with persons of similar backgrounds and criminal history. Each detainee?s classi?cation will be reviewed at regular intervals, when required by changes in the detainee?s behavior or circumstances, or upon discovery of additional, relevant information. Detainees will be able to appeal their classi?cation levels. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. Contraband 1. 2. Contraband will be identi?ed, detected, controlled, and disposed of properly. Detainee personal property that would be considered contraband within the facility will be mailed to a third party or stored until the detainee?s release, unless that property is illegal or a threat to safety or security. Contraband that may be evidence in connection with a violation of a criminal statute will be preserved, inventoried, controlled, and stored so as to maintain and document the chain of custody. The applicable content and procedures in this standard will be communicated to the detainee in a language or manner which the detainee can understand. Facility Security and Control 1. 2. 3. Essential security posts and positions will be staffed with quali?ed personnel. Facility security and safety will be monitored and coordinated by a secure, well- equipped, and continuously staffed control center. The facility?s perimeter will ensure that detainees remain within and that public access is denied without proper authorization. Information about routine procedures, emergency situations, and unusual incidents will be continually recorded in permanent post logs and shi? reports. Facility safety, security and good order, including the safety, health and well-being of staff and detainees, will be enhanced through ongoing observation, supervision, and personal contact and interaction between staff and detainees. Special security and control measures will consistently be applied to Special Management Unit entrances. Facility safety, security and good order will be enhanced through frequent and documented staff inspections of detainee-occupied and unoccupied areas. Funds and Personal Property 1. The security, safety and good order of each facility will be maintained through an immediate search of each newly admitted detainee?s property. Page 11 of 48 9 10 11 12 13 0-0001 2. Each detainee?s funds, valuables, baggage, and personal property will be inventoried, receipted, stored and safeguarded for the duration of their detention. 3. Each detainee will be informed about What funds and property may be retained in his or her possession and about procedures to report missing or damaged property. 4. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. Hold Rooms in Detention Facilities 1. The safety, security, and comfort of detainees temporarily con?ned in Hold Rooms will be ensured. 2. No detainee will be con?ned in a Hold Room for more than twelve hours. 3. Males and females will be con?ned separately. 4. Minors (under 18) will be held apart from adults, except for related adults or legal guardians, provided there are no safety or security concerns with this arrangement. 5. Any detainee with disabilities, including temporary disabilities, will be housed in a manner that provides for his or her safety, comfort and security. 6. Detainees awaiting a medical Visit will be seen as as possible. Key and Lock Control 1. All staff will be trained in the proper care and handling of keys and locks. 2. Keys will be controlled and accounted for. 3. Locks and locking devices will be continually inspected, maintained, and inventoried. 4. Employees will store their ?rearms in secure gun lockers before entering the facility. Population Counts Security, safety, and orderly facility operations will be maintained through an ongoing, effective system of population counts and accountability for detainees. Post Orders 1. Each of?cer will have current written Post Orders that speci?cally apply to the assigned post, with step-by-step procedures in suf?cient detail to guide an of?cer assigned to that post for the ?rst time. 2. Signed and dated records will be maintained to show that assigned of?cers acknowledged that they read and understood the Post Orders. 3. Post Orders will be formally reviewed annually and updated as needed. Searches of Detainees 1. Detainees will live and work in a safe and orderly environment. 2. Contraband will be controlled. 3. Searches of detainees, housing, and work areas will be conducted without unnecessary force and in ways that preserve the dignity of detainees. 4. When body searches are conducted, the least intrusive practicable search method will be employed, as indicated by the type of contraband and the method of suspected introduction or concealment. 5. Pat searches of detainees and metal detector screening will be conducted routinely to control contraband. 6. A strip search will be conducted only when there is reasonable suspicion that contraband may be concealed on the person, or when there is a reasonable suspicion Page 12 of 48 14 10. 11. that a good opportunity for concealment has occurred, and when properly authorized by a supervisor. A body cavity search will be conducted by designated health personnel only when authorized by the facility administrator on the basis of reasonable suspicion that contraband may be concealed in or on the detainee?s person. ?Dry cells? will be used for contraband detection only when there is reasonable suspicion of concealment, with proper authorization, and in accordance with required procedures. Contraband that may be evidence in connection with a violation of a criminal statute will be preserved, inventoried, controlled, and stored so as to maintain and document the chain of custody. Canine units (in facilities that have them) may be used for contraband detection when detainees are not present, but canine use for force, intimidation, control, or searches of detainees is prohibited. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. Sexual Abuse and Assault Prevention and Intervention 1. 2. 10. Sexual abuse and assault of detainees will be prevented. Detainees will be informed about the facility?s sexual abuse or assault prevention and intervention program. Detainees will be screened to identify those likely to be sexual aggressors or sexual victims and will be housed to prevent sexual abuse or assault. Detainees who are considered likely to become victims will be placed in the least restrictive housing that is available and appropriate. All allegations of sexual abuse or assault will be and effectively reported and investigated. Detainees will not be punished for truthfully reporting abuse or signs of abuse observed. If sexual abuse or assault of any detainee occurs, the medical, safety, and social needs of the victim will be and effectively met. Where possible and feasible, a victim of sexual assault will be referred under appropriate security provisions to a specialized community facility for treatment and gathering of evidence. Assailants will be con?ned and disciplined and may be subject to criminal prosecution. Sexual conduct between detainees, staff, volunteers, or contract personnel, regardless of consensual status, is prohibited and subject to administrative, disciplinary, and criminal sanctions. All case records associated with claims of sexual abuse, including incident reports, investigative reports, offender information, case disposition, medical and counseling evaluation ?ndings, and recommendations for post-release treatment and/or counseling will be retained in accordance with an established schedule. For monitoring, evaluating, and assessing the effectiveness of the sexual abuse and assault prevention and intervention program, incidents of sexual abuse and assault will be Specifically documented and tracked as specified in this Detention Standard Page 13 of 48 (in addition to standard facility operational and disciplinary documentation of any assault). 11. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 15 Special Management Units 1. Each facility will have access to Special Management Units with an Administrative Segregation section for detainees segregated from the general population for administrative reasons and a Disciplinary Segregation section for detainees segregated from the general population for disciplinary reasons. 2. Detainees housed in the general pOpulation, staff, contractors, volunteers, and the local community will be protected from harm by the segregation of certain detainees in SW3. 3. Any detainee who represents an immediate, signi?cant threat to safety, security or good order will be immediately controlled by staff and, for cause and with supervisory approval, placed in Administrative Segregation. 4. Health care personnel will be immediately informed when a detainee is admitted to an SMU to provide assessment and review as indicated by health care authority protocols. 5. A detainee will be placed in ?protective custody? status in Administrative Segregation only when there is documentation that it is warranted and that no reasonable alternatives are available. 6. A detainee will be placed in Disciplinary Segregation only after a ?nding by a Disciplinary Hearing Panel that the detainee is guilty of a prohibited act or rule violation classi?ed at 3 ?Greatest?, ?High?, or ?High-Moderate? level, as de?ned in the Detention Standard on Disciplinary System, Attachment A: Prohibited Acts and Sanctions. 7. The status of detainees in Special Management Units will be reviewed in accordance with required time schedules by supervisory staff and the results of those reviews will be documented. 8. A detainee will remain in Disciplinary Segregation for no more than 60 days for violations associated with a single incident, and his or her status will be reviewed after the ?rst 30 days, and each 30 days thereafter by the facility administrator and the Field Of?ce Director noti?ed to determine if continued detention in Disciplinary Segregation is still warranted. 9. Detainees in SMUs will be afforded basic living conditions that approximate those provided to the general population, consistent with the safety and security considerations that are inherent in more controlled housing, and in consideration of the purpose for which each detainee is segregated. 10. In general, when a detainee in an SMU is deprived of any usually authorized items or activity, a report of the action is forwarded to the facility administrator for notice and review. 11. Detainees in SMUs will have regular access to supervisory, management, program, and health care staff. Page 14 of 48 0-0001 12. Each detainee in an SMU will be offered a minimum of one hour of recreation per day, ?ve days a week, unless documented security or safety considerations dictate otherwise. 13. Detainees in SMUs will be able to write and receive mail and correspondence as they would otherwise be able to do while detained within the general population. 14. Detainees in SMUs will be provided opportunities for general visitation, including legal visitation, unless there are substantial, documented reasons for withholding those privileges. 15. Detainees in SMUs will have access to personal legal materials, law library materials, and legal Visits, in accordance with provisions in this Detention Standard. 16. Detainees in SW3 will have access to telephones, in accordance with provisions in this Detention Standard. 17. Detainees in SMUs will have access to programs and services such as commissary, library, religious guidance, and recreation, in accordance with provisions in this Detention Standard. 18. Detailed records will be maintained on the circumstances related to a detainee?s con?nement to the SMU, through required permanent SMU logs and individual detainee records. 19. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 16 Staff-Detainee Communication 1. Detainees will have frequent opportunities for informal contact with facility managerial and supervisory staff and with Field Of?ce staff. 2. Facility managerial and supervisory staff and Field Of?ce staff will frequently and directly observe facility operations and conditions of con?nement. 3. Detainees will be able to submit written questions, requests, and concerns to staff and receive timely reSponses. 4. Detainees will be informed about how to directly contact the Department of Homeland Security Of?ce of the Inspector General. 5. Detainee telephone serviceability will be monitored and documented by ICE staff and any problems immediately reported. 6. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 17 Tool Control Tools, maintenance implements, culinary utensils, medical and dental instruments, equipment, and supplies (particularly syringes, needles, and other sharps) will be maintained on an inventory, continually controlled and accounted for to insure the safe and orderly operation of the facility. 18 Use of Force and Restraints 1. Physical force will be used only as a last resort and is restricted to instances of justi?able self-defense, protection of others, protection of property, and prevention of escapes. Page 15 of 48 10. 11. 12. 13. 14. PART 3 DROIGSA- 1 0-0001 Facilities will endorse the concept that confrontation avoidance is the recommended method for resolving situations and should always be attempted prior to any calculated use of force. Physical force or restraint devices will not be used as punishment. In circumstances when prior supervisory approval is required, restraints will not be applied without that approval. restraints will be applied only in extreme circumstances and only where other types of restraints have proven ineffective. Advance approval is required, as is prompt noti?cation of and examination by the medical staff. These restraints will be continued only in accordance with required procedures and documentation. Intermediate force devices will be used only in circumstances prescribed herein, with required prior approvals. NOTE: ?Herein? refers to In each facility, all weapons and related equipment will be stored securely in designated areas to which only authorized persons have access. . In each facility, chemical agents and related security equipment will be inventoried at least to determine their condition and expiration dates. In each facility, a written record of routine and emergency distribution of security equipment will be maintained. An employee will submit a written report no later than the end of his or her shift when force was used on any detainee for any reason, or if any detainee remains in any type of restraints at the end of that shift. This includes discharge of a ?rearm and use of less lethal devices to control detainees. Telephonic noti?cation to the POD shall occur as soon as practicable. The Field Of?ce Director will be noti?ed of any use-of-force incident involving an ICE detainee within two business days via an ICE-approved form or IGSA equivalent. Canines will not be used for force, control or intimidation of detainees. Facilities will adhere to Use of Deadly Force Policy. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. ORDER 19 Disciplinary System 1. Detainees will be informed of facility rules and regulations, prohibited acts, disciplinary sanctions that may be imposed, their rights in the disciplinary system and the procedure for appealing disciplinary ?ndings. Each facility will have graduated severity scales of prohibited acts and disciplinary consequences. . Where permitted by facility policy, staff will informally settle minor transgressions by mutual consent, whenever possible. Staff who witness a prohibited act that cannot or should not be resolved informally, or have reason to suspect that a detainee has engaged in a prohibited act, will prepare a clear, concise, and complete Incident Report. Each Incident Report will be objectively and impartially investigated and reported, ordinarily by a person of supervisory rank. 'Page 16 of 48 10. ll. 12. 13. 14. 15. 16. 17. 18. When appropriate, a serious incident that may constitute a criminal act will be referred to the proper investigative agency, and the administrative investigation will be suspended, pending the outcome of that referral. At each step of the disciplinary and appeal process, the detainee will be advised of his or her rights in a language he or she understands, and translation or interpretation services will be provided as needed. A Unit Disciplinary Committee (UDC) will further investigate and adjudicate the incident and may impose minor sanctions or refer the matter to a higher level disciplinary panel. An Institution Disciplinary Panel (IDP) will conduct formal hearings on Incident Reports referred from UDCs and may impose higher level sanctions for ?Greatest? and ?High? level prohibited acts. Detainees before the IDP will be afforded a staff representative, upon request, or automatically if the detainee is illiterate, has limited English language skills or otherwise needs. special assistance. Actions of the IDP will be reviewed by the facility administrator, who may concur with the ?ndings and sanctions or modify them. At all steps in the disciplinary process, any sanctions imposed will be commensurate with the severity of the committed prohibited act and intended to encourage the detainee to conform with rules and regulations in the future. All steps of the disciplinary process will be done within the required time limits. At all steps of the disciplinary process, accurate and complete records will be maintained. The detainee will receive copies of all reports, exhibits, and other documents considered or generated in the hearing process, except insofar as the disclosure of such documents may pose an imminent threat to the safety and security of the facility staff or other detainees, or if the document or other evidence is otherwise protected from disclosure. If a detainee is found not guilty at any stage of the disciplinary process, the incident records will not be placed or retained in the detainee?s ?le, even if they are retained elsewhere for statistical or historical purposes. Detainees will be able to appeal disciplinary decisions through a formal grievance system. No detainee will be harassed, disciplined, punished, or otherwise retaliated against for ?ling a complaint or grievance. Detainees shall be afforded the following rights: the right to protection from abuse, the right to freedom from discrimination, the right to pursue a grievance, the right to correspond with persons or organizations and the right to due process. The applicable content and procedures in this standard will be communicated to the detainee in a language or manner which the detainee can understand. CARE PART 4 20 Food Service 1. All detainees will be provided nutritionally balanced diets that are reviewed at least quarterly by food service personnel and at least annually by a quali?ed nutritionist or dietician. Detainees, staff and others will be protected from harm and facility order will be maintained by the application of sound security practices in all aspects of food service and dining room Operations. Page 17 of 48 0-0001 3. Detainees, staff, and others will be protected from injury and illness by adequate food service training and the application of sound safety and sanitation practices in all aspects of food service and dining room operations. 4. Dining room facilities and operating procedures will provide suf?cient space and time for detainees to eat meals in a relatively relaxed, unregimented atmosphere. 5. Food service facilities and equipment will meet established governmental health and safety codes, as documented by an independent, outside source. 6. Detainees, staff, and others will be protected from health-related harm by advance medical screening and clearance before any detainee is assigned to work in food service operations. 7. Food service areas will be continuously inspected by food service staff and other assigned personnel on schedules determined by the food service administrator and by applicable policy requirements. 8. Stored food goods will be maintained in accordance with required conditions and temperatures. 9. Therapeutic medical diets and supplemental food will be provided as prescribed by appropriate clinicians. 10. Special diets and special ceremonial meals will be provided for detainees whose religious beliefs require the adherence to religious dietary laws. 11. Detainees will receive a religious or special diet free of any personal cost. 12. Food will never be used for reward or punishment. 21 Hunger Strikes 1. Any detainee who does not eat for 72 hours will be referred to the medical department for evaluation and possible treatment. 2. When medically advisable, a detainee on a hunger strike will be isolated for close supervision, observation, and monitoring. 3. The Field Of?ce Director (FOD) will be noti?ed when a detainee is on a hunger strike. 4. The detainee?s health will be carefully monitored and documented, as will the detainee?s intake of foods and liquids. 5. A detainee on a hunger strike will be counseled and advised of the medical risks and will be encouraged to end the hunger strike or accept medical treatment. 6. Involuntary medical treatment will be administered only with the medical, and legal safeguards speci?ed herein. 7. A record of interactions with the striking detainee, provision of food, attempted and successful medical treatment, and communications between the Clinical Medical Authority, Facility Administrator, and will be established. 8. The information in this detention standard will be communicated in a language or other manner which the detainee can understand. 22 Medical Care 1. 2. Detainees will have access to a continuum of health care services, including prevention, health education, diagnosis, and treatment. Health care needs will be met in a timely and ef?cient manner. Page 18 of 48 3. Newly admitted detainees will be informed, orally and in writing, about how to access health services. 4. Detainees will be able to initiate requests for health services on a daily basis. Detainees will receive timely follow-up to their health care requests. 6. Detainees will have continuity of care from admission to transfer, discharge, or removal, including referral to community-based providers when indicated. 7. A detainee who needs health care beyond facility resources will be transferred in a timely manner to an appropriate facility where care is available. A written list of referral sources, including emergency and routine care, will be maintained as necessary and updated at minimum annually. 8. A transportation system will be available that ensures timely access to health care services that are only available outside the facility, including: prioritization of medical need, urgency (such as the use of ambulance instead of standard transportation) and transfer of medical information. 9. A detainee who requires close, chronic or convalescent medical supervision will be treated in accordance with a written plan approved by licensed physician, dentist, or mental health practitioner that includes directions to health care providers and other involved medical personnel. 10. Detainees will have access to speci?ed 24-hour emergency medical, dental, and mental health services. 11. Minimum requirements for medical housing units will be met. 12. Female detainees will undergo pregnancy testing and pregnancy management services. 13. Screening, prevention and control measures will be utilized to assist in prevention and management of infectious and communicable diseases. 14. Biohazardous waste will be managed and medical and dental equipment decontaminated in accordance with standard medical practices and in compliance with applicable laws. 15. Detainees with chronic conditions will receive care and treatment for conditions where non-treatment would result in negative outcomes or permanent disability as determined by the clinical medical authority. 16. The facility administrator will develop a plan to ensure that ICE is noti?ed in writing of any detainee whose special medical or mental health needs require special consideration in such matters as housing, transfer, or transportation. 17. Detainees will have access to emergency and speci?ed routine dental care provided under direction and supervision of a licensed dentist. 18. Detainees will be provided health education and wellness information. 19. Each newly admitted detainee, including transfers, will receive a documented medical, dental, and mental health screening upon intake and, within 14 days of arrival, a comprehensive health appraisal by quali?ed personnel in a private setting as practicable to ensure safety. 20. Detainees with suspected or known mental health concerns will be referred as needed for evaluation, diagnosis, treatment, and stabilization. Page 19 of 48 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Mental health crisis intervention services will be identi?ed and available for detainees who experience acute mental health episodes. Restraints for medical or mental health purposes will be authorized only by the facility?s clinical medical authority, in accordance with the requirements speci?ed in this Detention Standard. Prior to placement in a non-detention facility or special unit within the facility speci?cally designated for the care of the severely mentally ill or developmentally disabled, a detainee shall be afforded due process in compliance with applicable laws. Medical and dental orthoses or prostheses and other aids to impairment are supplied in a timely manner when the health of the detainee would otherwise be adversely affected, as determined by the responsible physician or dentist. Detoxi?cation from alcohol, opiates, hypnotics, other stimulants, and sedatives is done only under medical supervision in accordance with applicable laws. Pharmaceuticals and non-prescription medicines will be secured, stored and inventoried. Prescriptions and medications will be ordered, dispensed, and administered in a timely and suf?cient manner as prescribed by a health care professional. Health care services will be administered by the health administrative authority, and clinical decisions will be the sole province of the clinical medical authority. Health care services will be provided by a suf?cient number of appropriately trained and quali?ed personnel, whose duties are governed by thorough and detailed job descriptions and who are veri?able licensed, certi?ed, credentialed, and/or registered in compliance with applicable state and federal requirements. Detention and health care personnel will be trained, initially and annually, to respond to health-related emergency situations within four minutes and in the proper use of emergency medical equipment Information about each detainee?s health status will be treated as con?dential, and health records will be maintained in accordance with accepted standards separately from other detainee detention ?les and be accessible only in accordance with written procedures and applicable laws. Health record ?les on each detainee will be well organized, available to all practitioners, and properly maintained and safeguarded. Informed consent standards will be observed and adequately documented. Staff will make reasonable efforts to ensure that detainees understand their medical condition and care. Medical and mental health interviews, screenings, appraisals, examinations, and procedures will be conducted in settings that respect detainees? privacy in accordance with safe and orderly operations of the facility. Detainees will be provided same sex chaperones as appropriate or as requested. When a detainee is transferred to another facility, the transferring facility will send a completed medical transfer summary and other medical documentation as appropriate to the receiving facility. Detainees in Special Management Units will have access to the same health care services as detainees in the general population. Page 20 of 48 23 24 25 37. Non-English speaking detainees and/or detainees who are deaf and/or hard at hearing will be provided interpretation/translation services or other assistance as needed for medical care activities. 38. Detainees with special needs, including physical or developmental disabilities, will be evaluated and given the appropriate care and communication their situation requires. Personal Hygiene 1. 2. 3. 4. 5. Each facility will maintain an inventory of clothing, bedding, linens, towels and personal hygiene items that is suf?cient to meet the needs of detainees. Each detainee will have suitable, clean bedding, linens, blankets, and towels. Each detainee will have suf?cient clean clothing that is properly ?tted, climatically suitable, durable, and presentable. Detainees will be held accountable for clothing, bedding, linens, and towels assigned to them. Detainees, including those with disabilities, will be able to maintain acceptable personal hygiene practices. Suicide Prevention and Intervention 1. All staff responsible for supervising detainees will be trained, initially during orientation and at least annually, on effective methods of suicide prevention and intervention with detainees. Staff will act to prevent suicides with appropriate sensitivity, supervision, and medical referrals. Any clinically suicidal detainee will receive preventive supervision, treatment, and therapeutic follow-up, in accordance with ICE policy. The information in this standard will be communicated in a language or manner which the detainee can understand. Terminal Illness, Advance Directives, and Death 1. 2. The continuum of health care services provided detainees will address terminal illness, fatal injury, and advance directives. Each detainee who has a terminal illness or potentially fatal injury will receive medical care consistent with standard medical practices. . In the event of a detainee?s death, speci?ed of?cials and the detainee?s designated next of kin will be immediately noti?ed. In the event of a detainee?s death, required noti?cations will be made to authorities outside of (such as the local coroner or medical examiner), and required procedures will be followed regarding such matters as autopsies, death certi?cates, burials, and the disposition of decedent?s property. Established guidelines and applicable laws will be observed in regard to noti?cation of a detainee death while in custody. The medical records of detainees addressed herein will be complete. The information in this standard will be communicated in a language or manner which the detainee can understand. Page 21 of 48 PART 5 l. 2. 10. 11. ACTIVITIES 26 CorreSpondence and Other Mail Detainees will be able to correSpond with their families, the community, legal representatives, government of?ces, and consular officials. Detainees will be noti?ed of the facility?s rules on correspondence and other mail through the Detainee Handbook, or supplement, which is provided to each detainee upon admittance. . The amount and content of correSpondence detainees send at their own expense will not be limited except to protect public safety or facility security and order. Indigent detainees will receive a speci?ed postage allowance to maintain community ties and necessary postage for privileged correspondence. Detainees will have access to general interest publications. Incoming and outgoing mail, with the exception of Special Correspondence and Legal Mail, will be opened to inspect for contraband and to intercept cash, checks, and money orders. General correspondence will be read or rejected only to protect the safe, secure and orderly operation of the facility, and detainees will be noti?ed in writing when correspondence is withheld in part or in full. Detainees will be permitted to send Special Correspondence and Legal Mail to a Speci?ed class of persons and organizations, and incoming mail from these persons will opened only in the presence of the detainees (unless waived) to check for contraband (except when contamination is suspected). Incoming and outgoing letters will be held for no more than 24 hours and packages no more than 48 hours before distribution, excluding weekends, holidays, or exceptional circumstances. Detainees in SMUs will have the same correspondence privileges as detainees in the general population. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 27 Escorted Trips for Non-Medical Emergencies 1. Within the constraints of safety and security, selected detainees will be able to visit critically ill members of the immediate family or to attend their funerals, while under constant staff supervision. Safety and security will be primary considerations in planning, approving, and escorting a detainee out of a facility for a non-medical emergency. 28 Marriage Requests 1. 2. 3. Each marriage request from an detainee will receive a case-by-case review. Consistency in decisions to approve or deny a marriage request will be achieved by the application of guidelines. Ordinarily, a detainee?s request for permission to marry will be granted. 29 Recreation 1. Detainees will have daily opportunities to participate in leisure?time activities outside their respective cells or rooms. Page 22 of 48 30 Detainees will have access to exercise opportunities and equipment, including at least one hour daily of physical exercise outside the cell, and outdoors, when practicable. Any detainee housed in a facility that cannot meet minimum standards for indoor and outdoor recreation will be considered for voluntary transfer to a facility that does. Each detainee in an SMU will receive (or be offered) a minimum of one hour of exercise per day, ?ve days a week, unless documented security or safety considerations dictate otherwise. Each citizen volunteer who provides or participates in facility recreational programs will complete an appropriate, documented orientation program and sign an acknowledgement of his or her understanding of the applicable rules and procedures and agreement to comply with them. Religious Practices 1 . Detainees will have opportunities to participate in practices of their religious faith that are deemed essential by that faith, limited only by a documented showing of threat to the safety ofrpersons involved in such activity itself, or disruption of order in the facility. All religions represented in a detainee population will have equal status without discrimination based on any detainee?s race, ethnicity, religion, national origin, gender, sexual orientation, or disability. . Each facility?s religious program will be planned, administered, and coordinated in an organized and orderly manner. Adequate space, equipment and staff (including security and clerical) will be provided for conducting and administering religious programs. Detainees of faiths not directly represented by Chaplaincy staff will be assisted in contacting external clergy or religious service providers. Each facility?s religious program will be augmented and enhanced by community clergy, contractors, volunteers and groups that provide individual and group assembly religious services and counseling. Detainees in Special Management Units and hOSpital units will have access to religious programs and services. Special diets will be provided for detainees whose religious beliefs require the adherence to religious dietary laws. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner that the detainee can understand. 31 Telephone Access 1. Detainees will have reasonable and equitable access to reasonably priced telephone services. Detainees with hearing or speech disabilities will have reasonable accommodations to allow for appropriate telephone services. . Detainees in Special Management Units will have access to telephones, commensurate with facility security and good order. Detainees will be able to make free calls to the ICE/ERO-provided list of free legal service providers for the purpose of obtaining initial legal representation, to consular of?cials and to the DHS Of?ce of Inspector General. Page 23 of 48 Telephone access procedures will foster legal access. . Telephones will be maintained in proper working order. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 32 Visitation 33 1. Detainees will be able to receive visits from their families, associates, legal representatives, consular of?cials, and others in the community. 2. Visits between legal representatives and assistants and an individual detainee are con?dential and shall not be subject to auditory supervision. Private consultation rooms shall be available for such meetings. 3. Detainees will be advised of their right to contact their consular representatives and receive visits from their consulate of?cers. 4. Detainees will be advised of visiting privileges and procedures as part of the facility?s admission and orientation program in a language they can understand. 5. Information about visiting policies and procedures will be readily available to the public. . 6. The number of visitors a detainee may receive and the length of visits will be limited only by reasonable constraints of space, scheduling, staff availability, safety, security, and good order. The minimum duration for a visit shall be 30 minutes. 7. Visitors will be required to adequately identify themselves and register to be admitted into a facility, and safety, security and good order will be maintained. 8. A background check will be conducted on all new volunteers prior to their being approved to provide services to detainees. 9. Each new volunteer will complete an appropriate, documented orientation program and sign an acknowledgement of his or her understanding of the applicable rules and procedures and agreement to comply with them. 10. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. Voluntary Work Program 1. Detainees may have opportunities to work and earn money while con?ned, subject to the number of work opportunities available and within the constraints of safety, security, and good order. 2. Detainees will be able to volunteer for work assignments but otherwise not be required to work, except to do personal housekeeping. 3. Essential operations and services will be enhanced through productivity from detainees. 4. The negative impact of con?nement will be reduced through less idleness, improved morale and fewer disciplinary incidents. 5. Detainee working conditions will comply with all applicable federal, state, and local work safety laws and regulations. 6. There will be no discrimination regarding voluntary work program access based on any detainee's race, religion, national origin, gender, sexual orientation, or disability. Page 24 of 48 7. DROIGSA- 0-0001 The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. PART 6 JUSTICE 34 Detainee Handbook 35 1. Upon admission to a facility, each detainee will be provided the comprehensive written orientation materials in the form of a detainee handbook. The local facility shall provide a detainee handbook supplement, which describes such matters as: grievance system, services and programs, medical care, law libraries and legal material, correspondence and other material, staff?detainee communication, . classi?cation system, and disciplinary system, Each detainee will verify, by signature and date, receipt of those orientation materials, and that acknowledgement will be maintained in the detainee?s detention ?le. . The ICE National Detainee Handbook will be provided in English, Spanish, and other languages as determined necessary by the Field Office Director (POD). Orientation materials will be read to detainees who cannot read, or they will be provided the material via audio or video recordings. Interpretative services will be provided to detainees who do not speak the languages in which the orientation materials are written. The information in this standard will be communicated in a language or manner which the detainee can understand. Grievance System 1. 2. 3. ss? Detainees will be informed about the facility?s informal and formal grievance system in a language or manner he or she understands. Staff and detainees will mutually resolve most complaints and grievances orally and informally in their daily interaction. Detainees will be able to ?le formal grievances, including medical grievances, and receive written responses, including the basis for the decision, in a timely manner. Detainees will be able to ?le emergency grievances that involve an immediate threat to their safety or welfare and receive written responses, including the basis for the decision, in a timely manner. Detainees will be able to appeal initial decisions on grievances to at least one higher level of review. Accurate records will be maintained on grievances ?led and their resolution. No detainee will be harassed, disciplined, punished, or otherwise retaliated against for ?ling a complaint or grievance. The applicable contents and procedures in this standard will be communicated in a language or manner which the detainee can understand. Page 25 of 48 DROIGSA- 0-0001 36 Law Libraries and Legal Material 1. Detainees will have regular access (no less than ?ve hours per week) to law libraries, legal materials and related materials. Detainees will not be forced to forgo recreation time to use the law library and requests for additional time to use the law library shall be accommodated to the extent possible, including accommodations of work schedules when practicable, consistent with the orderly and secure operation of the facility. Detainees will have access to courts and counsel. Detainees will be able to have con?dential contact with attorneys and their authorized representatives in person, on the telephone and through correspondence. Detainees will have access to a properly equipped law library, legal materials and equipment to facilitate the preparation of documents as well as photOCOpying resources. Detainees who are illiterate, non-English-speaking or indigent will receive appropriate special assistance. Detainees in special management units will have access to legal materials on the same basis as the general population. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 37 Legal Rights Group Presentations 1. PART 7 Detainees will have access to available group presentations on United States immigration law and procedures. Persons and organizations requesting to make such group presentations will be able to obtain clear information about how to request such visits and how to conduct them. Facility security and good order will be maintained. Detainees shall not be subject to reprisals, retaliation, or penalties for attending legal rights group presentations. . Detainees will be able to communicate and correspond with representatives from the legal groups who make presentations at the facilities. Detainees will have access to information and materials provided by legal groups. Organizations will be permitted to distribute information in response to speci?c legal inquiries. Foreign nationals will have access to the diplomatic representative of their country of origin. ADMINISTRATION MANAGEMENT 38 Detention Files 1. 2. 3. A Detention File will be maintained on each detainee admitted to a detention facility for more than 24 hours. Each Detention File will include all documents, forms, and other information speci?ed herein. The security of each Detention File and its contents will be maintained. Page 26 of 48 39 40 8. 9. 0-0001 Staff will have access to Detention Files, as needed, for of?cial purposes. Information from a Detention File will be released to an outside third party only with the detainee?s signed consent. Release of information on detainees will be in accordance with applicable federal and state regulations. Electronic record-keeping systems and data will be protected from unauthorized access. Field Of?ces will maintain ?les necessary to carry out their responsibilities and will maintain them for a minimum of 18 months for auditing purposes. Inactive, closed Detention Files will be properly archived. News Media Interviews and Tours 1. 2. The public and the media will be informed of operations and events within the facility?s areas of responsibility. The privacy of detainees and staff will be protected, including the right of a detainee to not be photographed or recorded. Staff Training 1. 10. 11. Before assuming duties, each new employee, contractor, or volunteer will be provided an appropriate orientation to the facility and the National Detention Standards. All part-time staff and contract personnel shall receive formal orientation training appropriate to their assignments. Any part-time, volunteer, or contract personnel working more than twenty hours per week shall receive training appropriate to their position and commensurate with their full-time colleagues. Training for staff, contractors, and volunteers will be provided by instructors who are quali?ed to conduct such training. Staff and contractors who have minimal detainee contact (such as clerical and other support staff) will receive initial and annual training commensurate with their responsibilities. Professional, support, and health care staff and contractors who have regular or daily contact with detainees, or who have signi?cant responsibility involving detainees, will receive initial and annual training commensurate with their position. Security staff and contraCtors will receive initial and annual training commensurate with their position. Facility management and supervisory staff and contractors will receive initial and annual training commensurate with their position. Personnel and contractors assigned to any type of emergency response unit or team will receive initial and annual training commensurate with these responsibilities including annual refresher courses or emergency procedures and protocols. Personnel and contractors authorized to use ?rearms will receive appropriate training before being assigned to a post involving their use and will demonstrate competency in ?rearms use at least annually. Personnel and contractors authorized to use chemical agents will receive thorough training in their use and in the treatment of individuals exposed to a chemical agent. Security staff and contractors will be trained in self-defense and use-of-force procedures to include confrontation avoidance and emergency protocols. Page 27 of 48 41 42 In addition to employment training requirements, employees and contractors will be encouraged to continue their education and professional development through such incentives as salary enhancement, reimbursement of costs, and administrative leave. Initial orientation, initial training, and annual training programs will include information on drug-free workplace requirements and procedures. Initial orientation, initial training, and annual training programs will include information on the facility?s written code of ethics. Initial orientation, initial training, and annual training programs will include updates on new issues and procedures and include reviews of the Detainee Handbook and detainee rights. New staff, contractors, and volunteers will acknowledge in writing that they have reviewed facility work rules, ethics, regulations, conditions of employment, and related documents, and a copy of the signed acknowledgement will be maintained in each person?s personnel ?le. 17. Training shall be conducted on the requirements of special-needs detainees. 12. 13. 14. 15. 16. Transfer of Detainees 1. Decisions to transfer detainees will be made by authorized of?cials on the basis of complete and accurate case information. 2. The legal representative-of-record will be properly noti?ed when a detainee is transferred, in accordance with sound security practices. 3. The detainee will be properly noti?ed, orally and in writing when he or she is being transferred to another facility in accordance with sound security practices. 4. Transportation and receiving facility staff will have accurate and complete records on each transferred detainee. 5. Transfer of detainees will be accomplished safely and securely, particularly those with special health care concerns including appropriate medical information. 6. Transferred detainees funds, valuables and other personal property will be safeguarded. 7. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. De?nitions A-FILE, ALIEN FILE - The legal ?le maintained by DHS for each detainee. Contents include but are not limited to the detainee?s identi?cation documents (passport, driver's license, other identi?cation cards, etc.), photographs, immigration history, prior criminal record if any, and all documents and transactions relating to the detainee's immigration case. ACA American Correctional Association. ADMINISTRATIVE HEALTH AUTHORITY - The administrative authority is responsible for all access to care, personnel, equipment, and ?scal resources to support the delivery of health care services. ADMINISTRATIVE SEGREGATION - A form of separation from the general population used when the continued presence of the detainee in the general population would pose a threat to life, property, self, other detainees or staff, or to the security or orderly running of the facility. This housing status also includes detainees who require Page 28 of 48 0-0001 protective custody, those who cannot be placed in the local population because they are en route to another facility (holdovers), those who are awaiting a hearing before a disciplinary panel and those requiring separation for medical reasons. PROCESS - In-processing of newly arrived detainees, which includes an orientation to the policies, programs, rules, and procedures of the facility. Classi?cation, assignment of living quarters, various inspections, medical screening and safeguarding of funds, valuables and other personal property is completed during this process. AMBULATORY RESTRAINTS "Soft" or "hard" equipment used to restrict a detainee?s movement but leaving him or her able to eat, drink or attend to basic bodily functions without staff intervention. AMMUNITION CONTROL OFFICER (ACO) An individual who has been designated in writing as the of?cer responsible for the physical and administrative control of ammunition in the authorizing of?cial's area of accountability. ATTORNEY - Any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or the District of Columbia, and is not under an order of any court suspending, enjoining, restraining, disbarring or otherwise restricting him or her in the practice of law. (See 8 CFR BODY-CAVITY SEARCH - The visual inspection or physical probing of body openings (anus, vagina, ears, nose, mouth, etc) where weapons, drugs, or other contraband could be secreted. This is the most intrusive means of searching an individual, reserved for instances where other search techniques have been considered but rejected as ineffective under the particular circumstances of the case. Body-cavity search procedures govern physical probes, but not visual inspections. For example, the procedures would not be apprOpriate for a visual inspection of the inside of the mouth, nose, or ears, unless contraband is found during the course of that inSpection. Body?search procedures apply whenever contraband is found, because retrieving/seizing the item will involve physical entry into or probing within the cavity (in this example, the mouth, nose, or ear). CAUSTIC - Capable of burning, corroding, eroding or destroying by chemical action. CENSUS CHECK- See INFORMAL COUNT. CHAIN OF COMMAND - Order of authority (rank): executive, senior management, senior staff, etc. The position titles may vary according to the type of facility (SPC, CDF, or IGSA) and local facility titles. The on?site order of authority at a detention facility descends from the facility administrator to assistant or associate facility administrators to department heads to shift supervisors and other supervisors. Similarly, the chain-of-command at a detention facility descends from the Officer?In?Charge (OIC) to the Associate OIC to the Chief Detention Enforcement Of?cer/Chief of Security, Detention Operations Supervisor, etc. CHEMICAL - A substance with a distinct molecular composition produced by or used in a chemical process. CHIEF OF SECURITY A generic term for the department head in charge of a detention facility?s security employees and operations. The position titles may vary according to the type of facility (SPC, CDF, or IGSA) and local facility titles. Ordinarily, a chief of security (Chief Detention Enforcement Agent, captain, etc.) is organizationally directly under an assistant or associate facility administrator. CLASS (RESTRICTED) TOOLS - Devices to which detainees are forbidden access except in the presence and constant supervision of staff for reasons of safety or security. Page 29 of 48 Class includes devices that can be used to manufacture or serve as weapons capable of doing serious bodily harm or structural damage to the facility. All portable power tools and accessories are in this category. Class also includes ladders and other such items that are not inherently dangerous but could prove useful in unauthorized activities, such as escape attempts. CLASSIFICATION - A process used to make housing and program assignments by assessing detainees on the basis of objective information about past behavior, criminal records, special needs, etc. CLINICAL DIRECTOR (CD) ?An official with overall responsibility for the delivery of health care services to ICE detainees. CLINICAL MEDICAL AUTHORITY - The medical authority is responsible for the delivery of all health care services to the detainee population. These services include, but are not limited to, medical, nursing, dental, mental health and nutritional services. COMBUSTIBLE substance with a ?ash point at or above 100? Fahrenheit. area or system where detainees may purchase approved items. CONSULTATION VISITATION - A discussion, either in person or by telephone, between a detainee subject to Expedited Removal and a person of the detainee's choosing. CONTACT meeting between detainee and another person authorized to take place in an area free of obstacles or barriers that prevent physical contact. bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or other vessel holding a hazardous chemical; does not include pipes or piping systems. unauthorized item in the facility: illegal, prohibited by facility rules, or otherwise posing a threat to the security or orderly operation of the facility. This includes unauthorized funds. CONTRACT DETENTION FACILITY (CDF) A facility that provides detention services under a competitively bid contract awarded by the ICE. CONTROL of?cer who directs security activities from the Control Center. COUNT SLIP - Documentation of the number of detainees con?rmed present during a population count in a speci?c area, signed by the officers involved in the count. postcards and other forms of written material not classi?ed as packages or publications. Large envelopes containing papers qualify as correspondence, but boxes, sacks, and other shipping cartons do not. Books, magazines, newspapers and other incoming printed matter are not ?correspondence.? CRIMINAL foreign national convicted of one or more crimes. DETAINEE policies and procedures governing detainee life in the facility: daily operations, rules of conduct, sanctions for rule violations, recreation and other programs, services, etc.; de?ned in writing and provided to each detainee upon admission to the facility. DETENTION FILE Contents include receipts for funds, valuables, and other personal property; documentation of disciplinary action; reports on detainee behavior; detainee's written requests, complaints, and other communications; of?cial responses to detainee communications; records from Special Management Unit, etc. Page 30 of 48 DIETICIAN - Individual registered or eligible for registration with the American Dietetic Association or who has the documented equivalent in education, training, or experience, with evidence of relevant continuing education. DISCIPLINARY HEARING?Non-judicial administrative procedure to determine whether substantial evidence supports ?nding a detainee guilty of a rule violation. DISCIPLINARY COMMITTEE - One or more impartial staff members who conduct and/or oversee a disciplinary hearing. A lower-level committee (Unit Disciplinary Committee) investigates a formal Incident Report and may impose minor sanctions or refer the matter to a higher-level disciplinary committee. A higher-level committee (Institution Disciplinary Panel) conducts formal hearings on Incident Reports referred from the lower level committee and may impose higher level sanctions for higher level prohibited acts. Also see DISCIPLINARY DISCIPLINARY in a cell removed from the general population after a serious violation of facility rules in accordance with written procedures. DIHS Division of Immigration Health Services. DRY CELL A cell or room without running water where a detainee can be closely observed by staff until the detainee has voided or passed contraband or until suf?cient time has elapsed to preclude the possibility that the detainee is concealing contraband. Dry cells may be used when there is reasonable suspicion that a detainee has ingested contraband or concealed contraband in a body cavity. EMERGENCY CHANGES - Measures immediately necessary to maintain security or to protect the health and safety of staff and detainees. or potentially subjected to a hazardous substance by any means (inhalation, ingestion, skin contact, absorption, etc.). FACE-TO-PHOTO process that veri?es identity of each detainee by comparing every person present with the photographic likeness on his/her housing card. FACILITY ADMINISTRATOR A generic term for the chief executive of?cer of a detention facility. The formal title may vary (warden, of?cer in charge, sheriff, jail administrator, etc.). FIELD OFFICE DIRECTOR (FOD) - Individual with chief responsibility for facilities in his assigned geographic area. FIREARMS CONTROL OFFICER (FCO) - Individual designated responsible for the physical and administrative control of all ?rearms under the jurisdiction of the authorizing of?cial. LAMMABILITY a ?ash point below 200 degrees Fahrenheit, closed cup, or is subject to spontaneous heating. FLAMMABLE substance with a ?ash point below 100 degrees Fahrenheit (37.8 Centigrade). FLASH minimum temperature at which the vapor of a combustible liquid can form an ignitable mixture with air. FOOD SERVICE ADMINISTRATOR of?cial responsible for planning, controlling, directing, and evaluating Food Service Department operations. FORMAL COUNT?Detainee population assembled at speci?c times for attendance check, conducted in accordance with written procedures. restraint system that con?nes an individual to a bed or bunk in either a supine or prone position. Ordered by the facility administrator Page 31 of 48 when a detainee?s unacceptable behavior appears likely to continue risking injury to self or others. FULL-TIME WORK from beginning to end of a shift. checks, money orders, and other negotiable instruments. GENERAL correspondence other than Special Correspondence." GENERAL POPULATION Detainees whose housing and activities are not specially restricted. The term is ordinarily used to differentiate detainees in the ?general population? from those in Special Housing Units. complaint based on a circumstance or incident perceived as unjust. HARD item that poses a serious threat to the life, safety or security of the facility detainees or staff. HEALTH Health Administrator or Agency responsible for the provision of health care services at a facility or system of facilities. The responsible physician may be the Health Authority. Health Authority may also be referred to as the Medical Department. HEALTH CARE PRACTITIONER De?ned as an individual who is licensed, certi?ed, or credentialed by a state, territory, or other appropriate body to provide health care services within the scope and skills of the respective health care profession. HEALTH HAZARD?Includes carcinogens, toxic agents, reproductive toxins, irritants, corrosives, senitizers, hepatotoxins, nephrotoxins, neurotoxins, and other agents that act on the hemopoietic system or damage the lungs, skin, eyes, or mucous membranes. HEALTH SCREENING-A system for preliminary assessment of the physical and mental condition of individual detainees upon arrival at the facility; conducted by health care personnel or by a health trained of?cer. The combination of structured inquiry and observation is designed to prevent new arrivals, who appear to pose a health or safety threat to themselves or others, from moving into the general population. HEALTH SERVICES ADMINISTRATOR (HSA)-Executive responsible for the facility's health care program; may also serve as Clinical Director. HOLD ROOM-A secure area used for temporary con?nement of detainees before in- processing, institutional appointments (court, medical), release, transfer to another facility, or deportation-related transportation. HOLY DAY-A day speci?ed for religious observance. HUNGER STRIKE - A voluntary fast undertaken as a means of protest or manipulation. Whether or not a detainee actually declares that he or she is on a hunger strike, staff are required to refer any detainee who is observed to not have eaten for 72 hours for medical evaluation and monitoring. ILLEGAL item prohibited by law, the possession of which constitutes grounds for felony or misdemeanor charges. INDIGENT - Without funds, or with only nominal funds. Ordinarily, a detainee is considered "indigent" if he or she has less than $15.00 in his or her account. INDOOR RECREATION AREA-A covered and enclosed exercise space 1,000 square feet or larger, encompassing 15 square feet per detainee for the planned capacity (number using the space at one time). INFORMAL COUNT-Population count conducted according to no ?xed schedule, when detainees are working, engaged in other programs, or involved in recreational activities. Unless a detainee is missing, these counts are not reported; also called "census check" or "irregular count." Page 32 of 48 INFORMAL RESOLUTION - Brings closure to a complaint or issue of concern to a detainee, satisfactory to the detainee and staff member involved; does not require ?ling of a written grievance. INFORMED CONSENT - A patient?s knowing choice about a medical treatment or procedure, made after a physician or other healthcare provider discloses whatever information a reasonably prudent provider in the medical community would give to a patient regarding the diagnosis, risks and bene?ts involved in the proposed treatment or procedure, and prognosis. Administrative processing of a detainee arriving at a detention facility (See ?Admissions?). INSTITUTION DISCIPLINARY PANEL (IDP)-Review board responsible for conducting disciplinary hearings and imposing sanctions for cases of detainee misconduct referred for disposition following the hearing. The IDP usually comprises a Hearing O?icer and representatives of different departments in the facility. INTERGOVERNMENTAL SERVICE AGREEMENT cooperative agreement between ICE and any State, territory or political subdivision for the construction, renovation or acquisition of equipment, supplies or materials required to establish acceptable conditions of con?nement and detention services. ICE may enter into an IGSA with any such unit of government guaranteeing to provide bed space for ICE detainees, and to provide the clothing, medical care, food and drink, security and other services speci?ed in the Detention Standards; facilities providing such services are referred to as facilities." INVESTIGATING OFFICER - An individual of supervisory or higher rank who conducts an investigation of alleged misconduct and was not involved in the incident; usually a Supervisory Detention Enforcement Of?cer or shift supervisor. IRREGULAR INFORMAL COUNT. LEGAL ASSISTANT - An individual (other than an interpreter) who, working under the direction and supervision of an attorney or other legal representative, assists with group presentations and in representing individual detainees. Legal assistants may interview detainees, assist detainees in completing forms and deliver papers to detainees without the supervisory attorney being present. LEGAL CORRESPONDENCE See LEGAL FILE- See A-FILE. LEGAL REPRESENTATIVE An attorney or other person representing another in a matter of law, including law students, law graduates not yet admitted to the bar; ?reputable individuals?; accredited representatives; accredited of?cials and attorneys outside the United States (see 8 CFR 292.1, "Representation and Appearances"). LEGAL RIGHTS GROUP PRESENTATION - Informational session held in a detention facility by an attorney or other legal representative to inform detainees about US. immigration law and procedures; not a forum for providing con?dential or case- speci?c legal advice. LIFE-SUSTAINING PROCEDURE (LIFE SUPPORT) A medical intervention or procedure that uses arti?cial means to sustain a vital function. MAIL IN SPECTION-Examination of incoming and outgoing letters, packages, etc., for contraband, including cash, checks and money orders. MASTER number of detainees housed at a facility. MATERIAL SAFETY DATA SHEET information about a hazardous chemical, prepared and issued by the manufacturer, in accordance with Occupational Page 33 of 48 DROIGSA- 1 0-0001 Safety and Health Administration regulations (see 29 CFR 1910.1200; see also OSHA Form 174); among other things, speci?es precautions for normal use, handling, storage, disposal, and spill cleanup. MEDICAL PERSONNEL -Those individuals authorized by a "scope of practice" or "scope of privileges" to perform health care delivery consistent with their licensure, certi?cation or training. MENTAL HEALTH PROVIDER - clinical or counseling physician, licensed clinical social worker or any other mental health professional licensed to practice and provide mental health services at the independent level. MESSENGER-A person (neither a legal representative nor a legal assistant) whose purpose is to deliver or convey documents, forms, etc., to and from the detainee; not afforded the visitation privileges of legal representatives and legal assistants. MIN OR-A juvenile; a person under the age of 18. NATIONAL COMMISSION ON CORRECTIONAL HEALTH CARE~Establishes the standards for health service in correctional facilities on which accreditation is based. NATIONAL FIRE PROTECTION source of ?re protection standards and codes. National Commission on Correctional Healthcare. NON-CONTACT VISIT-Visitation with a barrier preventing physical contact between the detainee and his or her visitors. NON-MEDICAL EMERGENCY ESCORTED TRIP-Authorized detainee visit to a critically ill member of his/her immediate family, or to attend the funeral of a member of his/her immediate family. "Immediate family" member refers to a parent (including stepparent and foster parent), child, spouse, sister, or brother of the detainee. NON-MERIT FACTOR - Any characteristic or factor immaterial to a detainee?s mental or physical ability to perform a given assignment. NON-SECURITY KEY A key which if duplicated by unauthorized persons and/or lost, would not constitute an emergency requiring urgent action; not critical to facility safety and security. OUT COUNTS-Detainees temporarily away from the facility, but included in the master count. OUTDOOR RECREATION AREA-Open-air space for exercise or other leisure activities, large enough to allow 15 square feet per detainee for the largest group expected to use the area at any one time; but not less than 1,500 square feet. PAT-DOWN on the sensitivity of the of?cer?s hands as they tap or run over the detainee's clothed body; may require the detainee to reveal pocket contents. The least intrusive body search. PHYSICAL thorough evaluation of an individual?s physical condition and medical history conducted by or under the supervision of a trained medical professional. PLAN OF ACTION-Describes steps the facility will take to convert a condition that has caused a determination of noncompliance with a standard. POSSESSION - Control over an item on one's person, or in one?s assigned or personal space. POST orders that specify the duties of each position, hour-by-hour, and the procedures the post of?cer will follow in carrying out those duties. Page 34 of 48 DROIGSA- 0-0001 PROGRESSIVE the detainee in the least restrictive manner required, until and unless the detainee's behavior warrants stronger and more secure means of inhibiting movement. PROTECTIVE CUSTODY (PO?Administrative segregation for the detainee?s own safety. REASONABLE intuition, but articulable facts that lead staff to suspect a particular person is concealing a weapon, contraband, or evidence of a crime. RELIGIOUS Observances, services, meetings, ceremonies, etc., associated with a particular faith; access to religious publications, religious symbolic items, religious counseling and religious study classes; and adherence to dietary rules and restrictions. REPRESENTATIVE OF THE NEWS MEDIA?Persons whose principle employment is to gather, document or report news for: I A newspaper that circulates among the general public and publishes news of a general interest such as political, religious, commercial, or social affairs. A key criterion is whether the paper quali?es to publish legal notices in the community in which it is located. I A news magazine with a national circulation sold to the general public by newsstands and mail subscription. I A national or international news service. I A radio or television news program of a station licensed by the Federal Communications Commission. SALLY enclosure situated in the perimeter wall or fence surrounding the facility, containing double gates or doors, of which one cannot open until the other has closed, to prevent a breach in the perimeter security; handles pedestrian and/or vehicular traf?c. creation and maintenance of hygienic conditions; in the context of food, involves handling, preparing, and storing items in a clean environment, eliminating sources of contamination. SATELLITE served and consumed in a location other than where prepared. SECURITY A key which if duplicated by unauthorized persons and/or lost, would jeopardize life, safety, property or security; or would facilitate escape. in an individual cell isolated ?'om the general population; for administrative, disciplinary, or protective reasons. SERVICE PROCESSING CENTER (SPC) - A detention facility the primary operator and controlling party of which is ICE. SEXUAL ACT -- Contact between the penis and the vulva or the penis and the anus, where contact involving the penis occurs upon penetration, however slight; contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, arouse or gratify the sexual desire of any person. SHIFT The time period of an employee work shift or watch -- for example, the morning shift, day shift, or evening shift. SHIFT SUPERVISOR -- A generic term for the detention security supervisor in charge of operations during a shift. The position titles may vary according to the type of facility (SPC, CDF, or IGSA) and local facility titles. Ordinarily, a shift supervisor (Detention Page 35 of 48 0-0001 Operations Supervisor, lieutenant, etc.) is, organizationally, directly under the chief of security (Chief Detention Enforcement Agent, captain, etc.). SOFT unauthorized item that does not constitute hard contraband, does not pose a serious threat to human safety or facility security; ?includes that quantity of an item possessed in an amount exceeding the established limit. SPECIAL CORRESPONDENCE - ?Special Correspondence? is the term for detainees? written communications to or from private attorneys and other legal representatives; government attorneys; judges, courts; embassies and consulates; the president and Vice president of the United States, members of Congress, the Department of Justice (including the DOJ Of?ce of the Inspector General), the Department of Homeland Security Of?ce for Civil Rights and Civil Liberties, the Department of Homeland Security (including US. Immigration and Customs Enforcement, the Of?ce of Detention and Removal Operations, and the DHS Office of the Inspector General); the US. Public Health Service (including the Division of Immigration Health Services); administrators of grievance systems; and representatives of the news media. SPECIAL MANAGEMENT UNIT (SMU) - A housing unit for detainees in administrative or disciplinary segregation. SPECIAL-NEED DETAINEE - A detainee whose mental and/or physical condition requires special handling and treatment by staff. Special needs detainees include but are not limited to those who are emotionally disturbed, mentally challenged or mentally ill, physically disabled, in?rm and drug or alcohol addicts/abusers. TERMINALLY - In critical condition, beyond medical intervention, with death imminent or expected during the course of detention or hospitalization according to'the attending physician. TJ - The Joint Commission [formerly the Joint Commission on Accreditation of Healthcare Organizations (J an independent, not-for-pro?t organization that evaluates and accredits more than 15,000 health care organizations and programs in the United States. TJ is the Nation?s predominant standards-setting and accrediting body in health care. TOXIC - Poisonous; capable of causing injury or death. TRAINING - An organized, planned, and evaluated activity designed to achieve speci?c learning objectives and enhance personnel performance. Training may occur on site, at an academy or training center, an institution of higher learning, professional meetings, or through contract service or closely supervised on-the?job training. Training programs usually include requirements for completion, attendance records, and certi?cation of completion. Meetings of professional associations are considered training where there is clear evidence of the direct bearing on job performance. In all cases, the activity must be part of an overall training program. UNENCUMBERED SPACE - Open, usable space measuring at least seven feet in at least one dimension, free of plumbing ?xtures, desk, locker, bed, and other furniture and ?xtures (measured in operational position). UNAUTHORIZED FUNDS Negotiable instruments (checks, money orders, etc.) or cash in a detainee's possession exceeding the facility-established limit. UNAUTHORIZED PROPERTY- Not inherently illegal, but against the facility's written rules. UNIT DISCIPLINARY COMMITTEE - See DISCIPLINARY COMMITTEE. Page 36 of 48 VOLUNTEER GROUP - Individuals who collectively donate time and effort to enhance the activities and programs offered to detainees; selected on basis of personal qualities and skills (recreation, counseling, education, religion, etc.). WORK ASSIGNMENT - Carpentry, plumbing, food service and other operational activities included in the facility's Voluntary Work Program, for which a detainee may volunteer. 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. 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 costs of all emergency medical services provided off-site shall be the responsibility of DIHS and at no time shall the Service Provider incur any ?nancial liability related to such services. 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 twenty-four (24) hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health complaints and deliver complaints in writing to the medical and health care staff. The Service Provider shall furnish onsite health care under this Agreement as de?ned by the facility local health authority on the effective date of this Agreement and as set forth in Attachment I. Changes to the types of onsite health care provided to detainees after the effective date of this agreement, will be amended through the modi?cation process outlined in Article XI. 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. ICE detainees may be transferred between the Theo Lacy Correctional Facility or the James A. Musick Facility for medical or mental health needs. Outpatient clinic visits may also be provided to ICE detainees at the Central Jail Complex; provided however, that the ICE detainee shall be transported back to their assigned housing location at Theo Lacy Correctional Facility or the James A. Musick Facility. Additional limited services may be provided through the however, ICE detainee may not be housed within the IRC for a period exceeding 72 hours. Page 37 of 48 . 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 shall be available to the detainees. Arrival screening shall include, at a minimum, Tuberculosis (TB) screening, planting of the TB skin test (PPD), or chest x?ray, and recoding the history of past and present illnesses (mental and physical, pregnancy status, history of substance abuse). . The Service Provider shall furnish mental health evaluations as determined by the Facility local health authority and provide custody oversight and medication as needed. . A full health assessment to include a history and hands on physical examination shall be completed within the ?rst 14 days of detainee arrival. Detainees with chronic medical and/or mental health conditions shall receive prescribed treatment and follow-up care. The Division of Immigration Health Services (DIHS) acts as the agent and ?nal health authority for ICE on all off-site detainee medical and health related matters. The Service Provider shall release any and all medical information for ICE detainees to the DIHS representatives upon request, except where prohibited by federal or state law or regulation. The Service Provider shall submit a Treatment Authorization Request (TAR) to DIHS for payment before proceeding with non-emergency, off-site medical care g. off site lab testing, eyeglasses, prosthetics, and 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, the DIHS may determine that an alternative medical provider or institution more aptly meets the needs of ICE and the detainee. The Service Provider shall send requests for pre- approval for non-emergency off-site care electronically to the following address Payment for all off-site medical care services shall be made by DIHS directly to the offsite medical providers. The Service Provider shall furnish twenty-four (24) hour emergency medical care and facility emergency evacuation procedures. In an emergency, as determined by the Service Provider, the Service Provider shall obtain the medical treatment required. The Service Provider shall have access to an off site emergency medical provider at all times. The Health Authority of the Service Provider shall notify the organization listed below 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 DIHS Managed Care Coordinator for service(s) beyond the initial emergency situation. Payment for all offsite medical services for the initial emergency need and for medical care required beyond the initial emergency situation shall be made by DIHS directly to the medical provider(s). DIHS Managed Care Coordinators ICE Health Services 1220 Street, NW, Suite 500 Washington, DC, 20005-4018 Phone: (888) 718 (W6): Fax: (202) 732-0119 Page 38 of 48 0-0001 K. 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 in accordance with HIPAA privacy exception at 45 C.F.R. 164.512 L. The Service Provider shall provide ICE detainee medical records to ICE whether created by the Service Provider or its subcontractor/vendor upon request from the Contracting Of?cer?s Technical Representative or Contracting Of?cer in accordance with HIPAA privacy exception at 45 C.F.R. 164.512 which allows disclosure without consent to a correctional institution or a law enforcement of?cial having lawful custody of an inmate or other individual if the correctional institution or such law enforcement of?cial represents that such protected health information is necessary for: 1. The provision of health care to such individuals; 2. The health and safety of such individual or other inmates; 3. The health and safety of the of?cers or employees of or others at the correctional institution; 4. The health and safety of such individuals and of?cers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another; Law enforcement on the premises of the correctional institution; and 6. The administration and maintenance of the safety, security, and good order of the correctional institution. U1 M. Service Provider shall direct offsite medical providers to submit 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 (800) 479? N. Reserved (intentionally left blank) 0. The cost of medical services as outlined in Attachment I shall be included in the Bed Day Rate. 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. Page 39 of 48 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. B. Employment Eligibility. Each employee working on this Agreement shall 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 its own employees and for any subcontractor(s) and their employees. The Service Provider complies with the requirement to incorporate this provision into any and all Subcontracts or subordinate agreements issued in support of this Agreement by including the following language in all such Subcontracts or subordinate agreements: ?The Contractor warrants that it ?illy complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all veri?cation and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration and Reform and Control Act of 1986, 8 U.S.C. 1324 et seq., as they currently exist, and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by law. The Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, of?cers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.? The Service Provider shall certify that their employees have successfully completed an employment screening. C. Security Management. The Service Provider shall appoint a senior of?cial to act as the Agreement Secmity Of?cer. The individual will interface with the COTR on all security matters, to include physical, personnel, and protection of all ICE 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 Page 40 of 48 0-0001 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 pr0per action to be taken in order to effect compliance with these employment screening requirements. Article IX. Period of Performance This Agreement shall become effective upon the date of ?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 effective date of formal termination, or the Parties may agree to a shorter period under the procedures prescribed in Article XI. Article X. Inspection A. Jail Agreement Inspection Report: The Jail Agreement Inspection Report stipulates minimum requirements for ?re/safety code compliance, supervision, segregation, sleeping gear, 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, after being afforded reasonable time to comply, 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. C. Share Findings: The Service Provider shall provide ICE c0pies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. D. Access' to Detainee Records: The Service Provider shall, upon request, grant ICE access to any record in its possession, regardless of whether the Service Provider created the record, concerning any detainee held pursuant to this Agreement. This right of access shall include, but is not limited to, incident reports, records relating to suicide attempts, and behavioral assessments and other records relating to the detainee?s behavior while in the Service Provider?s custody; provider, however that access to medical and mental health record information shall be provided in accordance with Articles VI.K and VI.L. 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. Page 41 of 48 0-0001 Article XI. Modi?cations and Disputes A. Modi?cations: Actions other than those designated in this Agreement will not bind or incur liability on behalf of either Party. Either Party may request a modi?cation to this Agreement by submitting a written request to the other Party. Except for Change Orders as outlined in Paragraph below, a modi?cation will become a part of this Agreement only after the ICE Contracting Of?cer and the Service Provider have approved the modi?cation in writing. B. Change Orders: 1. The Contracting Of?cer may under exceptional circumstances or by an Executive Order, by written order, and without notice to the Service Provider, if any, make changes within the general scope of this Agreement in any one or more of the following: Description of services to be performed, including revisions to the detention standards. 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 will make an equitable adjustment in the agreement price and will modify the Agreement accordingly. 3. If the Service Provider cannot perform the services as required in the Change Order, they shall notify the Contracting Of?cer within 24 hours of receipt. Failure to perform in accordance with the terms of the change order may require removal of ICE detainees from the facilities. 4. The Service provider must assert its right to an adjustment under this Article within 30 days from the date of receipt of the written order including a proposal addressing the cost impacts and detailed supporting data. 5. 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 will disallow those costs when determining a revised rate, if any. 6. Failure to agree to any adjustment will 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. Page 42 of 48 DROIGSA- 0-0001 Article XII. Adjusting the Bed Day Rate ICE shall reimburse the Service Provider at the ?xed detainee bed day rate shown in Article I paragraph C. The Parties may adjust the rate twelve (12) months after the effective date of the agreement and every twelve (12) months thereafter unless otherwise mutually agreed to. 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, Cost Principles for State, Local, and Indian Tribal Governments, federal procurement laws, regulations, and standards in arriving at the bed day rate. The request for adjustment shall be submitted on an ICE Jail Services Cost Statement. If ICE does not receive an of?cial request for a bed day rate adjustment that is supported by an ICE Jail Services Cost Statement, the ?xed bed 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 the bed day rate is ?xed, there are no retroactive adj ustment(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 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 responsible 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: 1. By mail: DHS, ICE Burlington Finance Center PO. Box 1620 Williston, VT 05495-1620 Attn: ICE-ERO-FOD-FLS 2. By facsimile (fax): (include a cover sheet with point of contact of pages) 802-288-7658 3. By e-mail: @dhsgov Page 43 of 48 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: 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; Name, title, and phone number of person to notify in event of defective invoice; Taxpayer Identi?cation Number (TIN). Total number of bed days; total number of miles. Bed day rate; 9. Number of bed days multiplied by the bed day rate; 10. Name of each detainee; 11. Resident?s/detainee?s A-number; 12. Speci?c dates of detention for each resident/detainee; 13. An itemized listing of all other charges; 14. 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. 15. Prescription Invoice shall contain the following information: a) Name of each detainee b) Resident?s/detainee?s A-number 0) Name of medication(s) (1) Cost per each prescribed dose for each medication Items 1 through 15 above shall be included in the invoice. Invoices without the above information may be returned for resubmission. 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 (3 calendar day after the Burlington Finance Of?ce receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The Prompt Payment Act requires ICE to pay interest on overdue payments to the Service Provider. ICE will determine any interest due in accordance with the Prompt Payment Act provided the Service Provider maintains an active registration in Central Contractor Registration (CCR) and all information is accurate. Page 44 of 48 Article XIV. ICE Furnished Property A. ICE 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 ICE 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 ICE property immediately to ICE. 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. The 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 property 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, or a detainee ?les suit as a result of an administrative error or omission of the Federal Government, ICE shall request that the US. Attorney?s Of?ce, as appropriate, move either to have the Service Provider dismissed from such suit; to have ICE substituted as the proper party defendant; or to have the case removed to a court of proper jurisdiction. Regardless of the decision on any such motion, ICE will request that the US. Attorney's Of?ce be reSponsible for the defense of any suit on these grounds. D. ICE Recovery Right: The Service Provider shall do nothing to prejudice ICE's right to recover against third parties for any loss, destruction of, or damage to US. Government property. Upon request of the Contracting Of?cer, the Service Provider shall, at ICE's expense, furnish to ICE all reasonable assistance and cooperation, including assistance in Page 45 of 48 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 subcontractors, 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. Transportation A. All transportation of ICE detainees shall be conducted in accordance with B. Transnort/Escort/Stationarv Services Rate: The Service Provider agrees, upon request of ICE in whose custody an ICE detainee is held, to provide all such ground services as may be required to transport detainees securely, in a timely maqngr to locations as directed by the ICE COTR or designated ICE official. At least quali?ed law enforcement or correctional of?cer personnel employed by the Service Provider under their policies, procedures and practices will perform transport services. TranSportation shall be reimbursed at the mileage rate established pursuant to the General Services Administration (GSA) federal travel allowance rate in effect at the time the 7 mileage was incurred. Mileage shall be denoted as a separate item on submitted invoices. C. Medical/Legal Transportation: The Service Provider shall provide transportation and escort guard services for ICE detainees to and from a medical facility for outpatient care and 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 Page 46 of 48 released from the hospital, or at the order of the COTR. The Service Provider agrees to augment, with appropriate reimbursement and with signed modi?cation, such practices as may be requested by ICE to enhance speci?c requirements for security, detainee monitoring, visitation and contraband control. D. 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. E. Vehicles: 1) The Service Provider shall not allow employees to use their personal vehicles to transport detainees. 2) 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. F. 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. G. Miscellaneous Transportation: The COTR may direct the Service Provider to transport detainees to unSpeci?ed, miscellaneous locations. H. Billing Procedures: The itemized invoice for such stationary guard services shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the detainee(s) that was guarded. Article Contracting Of?cer?s Technical Representative (COT R) A. The COTR will be designated by the Contracting Of?cer. When and if the COTR duties are reassigned, an administrative modi?cation will be issued to re?ect the changes. This designation does not include authority to sign contractual documents or to otherwise commit to, or issue changes, which could affect the price, quantity, or performance of this Agreement. B. Should the Service Provider believe it has received direction that is not within the scope of the agreement; the Service Provider shall not proceed with any portion that is not within the scope of the agreement Without ?rst contacting the Contracting Of?cer. The Service Provider shall continue performance of efforts that are deemed within the scope. Page 47 of 48 Article XIX. Labor Standards and Wage Determination A. The Service Contract Act, 41 U.S.C. 351 et seq., Title 29, Part 4 Labor Standards for Federal Service Contracts, is hereby incorporated as Attachment G. 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. B. Wage Determination: Each service employee employed in the performance of this Agreement shall be paid not less than the minimum monetary wages and shall be furnished fringe bene?ts in accordance with the wages and fringe bene?ts determined by the Secretary of Labor or authorized representative, as speci?ed in any wage determination attached to this contract. (See Attachment - Wage Determination) Article XX. Noti?cation and Public Disclosures Information obtained or developed as a result of this IGSA is under the control of ICE and shall be subject to public disclosure only pursuant to the provisions of applicable federal laws, regulations, and executive orders or as ordered by a court. Insofar as any documents created by the Service Provider contain information developed or obtained as a result of this IGSA, such documents shall be subject to public disclosure only pursuant to the provisions of applicable federal laws, regulations, and executive orders or as ordered by a court. To the extent the Service Provider intends to release the IGSA or any information relating to, or exchanged under, this IGSA, the Service Provider agrees to coordinate with the ICE Contracting Of?cer prior to such release. The Service Provider may, at its discretion, communicate the substance of this IGSA when requested. ICE understands that this IGSA will become a public document when presented to the Board of Supervisors for the County of Orange for contractual approval. Article XXI. Incident Reporting The Service Provider shall notify the cognizant ICE of?ce in accordance with the applicable ICE Performance Based National Detention Standard. END OF DOCUMENT Page 48 of 48 Attachment 5 - File Index 07.11 US. Immigration and Customs Enforcement IGSA Number: ?"0001 Location: Oran of contract 5 ialist< Executed Document with atures Final FPDS-NG Re rt 07. IGSA modi?cations FAR 13.302- 43.1 2 Sn Documentation for IGSA modi?cations includes audit Final FPDS-NG for Modi?cations Task/Delive Orders AR16.505 Su Documentation for Task/Delive Orders Final FPDS-NG Re for Modi?cations tions AR 4 DHS MD 0780.1 Deliverables Invoices AR 4 a 12 07.06 Other 3 Post Award Conference Min rt AR 42.503 General Corres ndence Other Government Surveillance Plan and Re n/ Documentation Contractor Corres ndence relati to Performance Contractor Com liance tions Other 8 IGSA Closeout Documentation Other 3 2 (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.2012FOIA3030001011 ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE - CONTINUATION 2 IMPORTANT: Mark all packages and papers with contract andlor order numbers. CONTRACTNO. ORDERNO. ;/15/201o WEMNO. SUPPUESSERWCES UNW AMOUNT ORDERED PRICE ACCEPTED (D) (C) (0 (9) Accounting Info: Period of Performance: 07/20/2010 to 07/19/2015 0001 Bed Day Rate in accordance in accordance 1471628 DA 118.00 0.00 with the Standard Inter-Governmental Service Agreement (IGSA). Note: This is not to exceed (NTE) the number of bed spaces; the actual bed spaces may differ. These proposed numbers are subject to change to suit LA Field Office operational needs. Product/Service Code: 8206 Product/Service Description: GUARD SERVICES Accounting Info: (7)6 $0.00 (Subject to Availability of Funds) 002 Cost Reimbursement for Medical Prescription 5 YR 720,000.00 0.00 Not to Exceed (NTE) in accordance with the V. Standard Inter-Governmental Service Agreement (IGSA). Note: This is not to exceed (NTE) $720,000.00 per year; the actual medical prescriptions may differ. These proposed numbers are subject to change to suit LA Field Office operational needs. Product/Service Code: 8206 Product/Service Description: GUARD SERVICES nn TnFn- (7)6 $0.00 (Subject to Availability of Funds) Discount Terms: Net 30 Continued TOTAL FORWARD TO 181' PAGE (ITEM $0.00 pnevnous semen nor USABLE OPTIONAL FORM :48 (Rn Amos) Prowlbod or GSA FAR (t3 crn)53.213m ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE - CONTINUATION 3 IMPORTANT: Mark ail packages and papers with contract andior order numbers. TE 0F ORDER CONTRACT NO. ORDER NO. /15/201o ITEM NO. QUANTITY UNIT UNIT AMOUNT QUANTITY ORDERED PRICE ACCEPTED (C) (8) (9) 0003 Escort Services at Regular Rate in 42560 HR 139.69 0.00 accordance with the Standard Inter?Governmental Service Agreement (IGSA). Note: This is not to exceed (NTE) the number of hours for Escort Services at Regular Rate, the actual hours may differ. These proposed hours are subject to change to suit LA Field Office operational needs. Product/Service Code: 8206 Product/Service Description: GUARD SERVICES Accounting Info: $0.00 (Subject to Availability of Funds) 0004 Escort Services at Overtime Rate in 21280 HR 90.51 0.00 accordance with the Standard Inter?Governmental Service Agreement (IGSA). Note: This is not to exceed (NTE) the number of hours for Escort Services at Overtime Rate; the actual hours may differ. These proposed hours are subject to change to suit LA Field Office operational needs. Product/Service Code: 8206 Product/Service Description: GUARD SERVICES Accountinn Tnfn- $0.00 (Subject to Availability of Funds) 0005 Stationary Guard Services at Regular Rate 42560 HR 139.69 0.00 in accordance with the Standard Inter-Governmental Service Agreement (IGSA). Note: This is not to exceed (NTE) the Continued TOTAL CARRIED FORWARD To 1ST PAGE (ITEM 17m? $0.00 AUTHORIZED FOR LOCAL FORM 348 (Rev. 412006) PREVIOUS EDITION NOT USABLE Prowibod by GSA FAR (43 cm 53.21341) ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE - CONTINUATION 4 IMPORTANT: Mark all packages and papers with contract andlor order numbers. CONTRACTNO. ORDERNO. /15/2010 WEMNO. SUPPUESQERWCES QUANNTYUNW UNW AMOUNT QUANTHY ORDERED ACCEPTED (C) (6) (0 (9) number of hours for Stationary Guard Services at Regular Rate; the actual hours may differ. These proposed hours are subject to change to suit LA Field Office operational needs. Product/Service Code: 8206 Product/Service Description: GUARD SERVICES Anconnfinn Tnfn: $0.00 (Subject to Availability of Funds) 0006 Stationary Guard Services at Overtime Rate 12480 HR 90.51 0.00 in accordance with the Standard Inter-Governmental Service Agreement (IGSA). Note: This is not to exceed (NTE) the number of hours for Stationary Guard Services at Overtime Rate; the actual hours may differ. These proposed hours are subject to change to suit LA Field Office operational needs. Product/Service Code: 8206 Product/Service Description: GUARD SERVICES Accountino Tnfo: $0.00 (Subject to Availability of Funds) 0007 Transportation Mileage Rate in accordance 142802 DH 0.50 0.00 in accordance with the Standard Inter-Governmental Service Agreement (IGSA). Note: This is not to exceed (NTE) the number of mileage; the actual mileage may differ. These proposed routes are subject to change to suit Orange County operational needs. The COTR may direct the Service Continued TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 1704)) $0.00 AUTHORIZED FOR LOCAL REPODUCTION OPTIONAL FORM 348 (Rm. V2008) PREVIOUS EDITION NOT mud by GSA FAR (45 cm) 53.2134!) ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE - CONTINUATION 5 IMPORTANT: Mark all packages and papers with contract and/or order numbers. - TE OF ORDER CONTRACT NO. ORDER NO. /15/2010 ITEM NO. SUPPLIESISERVICES QUANTITY UNIT UNIT AMOUNT QUANTITY ORDERED PRICE ACCEPTED (C) (6) (U (9) Provider to transport detainees to unspecified, miscellaneous locations not listed on the transportation Routes. Product/Service Code: 8206 Product/Service Description: GUARD SERVICES Accounting Info: $0.00 (Subject to Availability of Funds} 0008 Detainee Work Program Reimbursement Rate in 294996 DA 1.00 0.00 accordance with the Standard Inter-Governmental Service Agreement (IGSA). Note: This is not to exceed (NTE) quantity of days for Detainee Work Program, the actual number of detainees work may differ. Product/Service Code: S206 Product/Service Description: GUARD SERVICES Accountina Info: $0.00 (Subject to Availability of Funds) This is a fixed price contract to supply goods and/or services at the amount indicated. Contractor should not provide any additional supplies or services and /or bill in any additional amount without authorization by the Contracting Officer. All other terms and conditions remain the same. Funding will be added by issuance of a task order. The total amount of award: $192,564,531.40. Continued TOTAL FORWARD TO 1ST PAGE (ITEM 170-1)) $0.00 AUTHORIZED FOR LOCAL REPODUCTION OPTIONAL FORM 34.; ?2m, PREVIOUS EDITION NOT USABLE Prawibed by GSA FAR (48 CFR) 53.213?) ICE.2012FOIA3030001015 ORDER FOR SUPPLIES OR SERVICES PAGE NO SCHEDULE - CONTINUATION 6 IMPORTANT: Mark ail packages and papers with contract and/or order numbers. - TE OF ORDER CONTRACT NO. ORDER NO. /15/2010 ITEM NO. QUANTITY UNIT UNIT AMOUNT QUANTITY ORDERED PRICE ACCEPTED (C) (9) (0 (9) The obligation for this award is shown in box 1 7 i . TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM FOR LOCAL RE?Pooucnou PREVIOUS EDITION NOT USABLE OPTIONAL FORM 348 (Rev W) Film by GSA PAR (48 CFR) 53 213(1) 0-0001 STANDARD INTERGOVERNMENTAL SERVICE AGREEMENT IGSA Table of Contents ARTICLE I - PURPOSE 4 4 ARTICLE II - GENERAL 5 ARTICLE - COVERED SERVICES 5 ARTICLE IV - RECEIVING AND DISCHARGING DETAINEES 7 ARTICLE - ICE DETENTION STANDARDS 8 ARTICLE VI - MEDICAL SERVICES 37 ARTICLE VII - NO EMPLOYMENT OF UNAUTHORIZED ALIENS 39 ARTICLE - EMPLOYMENT SCREENING REQUIREMENTS 40 ARTICLE IX - PERIOD OF PERFORMANCE 41 ARTICLE - INSPECTION 41 ARTICLE XI - MODIFICATIONS AND DISPUTES 42 ARTICLE XII - ADJUSTING THE BED DAY RATE 43 ARTICLE - ENROLLMENT, INVOICING, AND PAYMENT 43 ARTICLE XIV - ICE FURNISHED PROPERTY 45 ARTICLE XV - HOLD HARMLESS AND INDEMNIFICATION PROVISIONS 45 ARTICLE XVI - FINANCIAL RECORDS 46 ARTICLE XVII - TRANSPORTATION 46 ARTICLE - CONTRACTING TECHNICAL REPRESENTATIVE (COTR) 47 ARTICLE XIX - LABOR STANDARDS AND WAGE DETERMINATION 48 ARTICLE XX - NOTIFICATION AND PUBLIC DISCLOSURES 48 ARTICLE XXI - INCIDENT REPORTING 48 Page 1 of 48 DROIGSA- 0-0001 INTER-GOVERNMENTAL SERVICE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS AND COUNTY OF ORANGE This Inter-Governmental Service Agreement (?Agreement?) is entered into between United States Department of Homeland Security Immigration and Customs Enforcement and the County of Orange, by and through its Sheriff?s Department, Health Care Agency and County Executive Of?ce, (?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 following institutions: Theo Lacy Facility James A. Musick Facility 501 The City Drive South 13502 Musick Road Orange, CA 92868 Irvine, CA 92618 INTERGOVERNMENTAL SERVICE AGREEMENT 0 Attachment A - Statement of Work (SOW) - Attachment - ICE Design Standards 0 Attachment - Structured Cable Plant Standard 0 Attachment - Performance Requirements Summary 0 Attachment - Transportation Routes 0 Attachment - Quality Assurance Surveillance Plan (QASP) 0 Attachment - Title 29, Part 4 Labor Standards for Federal Service Contract Clause 0 Attachment - Wage Determination Number: 2005?2047, Dated 05/26/2009 0 Attachment I - Medical Services Overview by Facility Page 2 of 48 ICE.2012FOIA3030001018 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001019 (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.2012FOIA3030001020 Article I. Purpose A. Pu_rpose: The purpose of this Intergovernmental Service Agreement (IGSA) is to establish an Agreement between ICE and the Service Provider for the detention and care of persons detained under the authority of the Immigration and Nationality Act, as amended. All persons in the custody of ICE are ?Administrative Detainees.? This term recognizes that ICE detainees are not charged with criminal violations and are only held in custody to assure their presence throughout the administrative hearing process and to assure their presence for removal ?om 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. Rates: This is a ?xed rate agreement, not a cost reimbursable agreement, except for medical prescriptions, with respect to the bed day rate for 838 detainees. 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 bed day rate. The parties agree to continue good faith negotiations toward development of a time line for completion of infrastructure activities. Infrastructure includes new construction and modi?cation of existing structures to meet ICE Design Standards to house ICE detainees. Bed Day Rate at Theo Lacy for 472 males 118.00 per detainee Bed Day Rate at James A. Musick for 256 males 118.00 per detainee Bed Day Rate at James A. Musick for 110 females 118.00 per detainee Cost Reimbursement for Medical Prescription Not to Exceed (NTE) $720,000.00 per year *Escort Services at Regular Rate 139.69 per hour *Escort Services at Overtime Rate 90.51 per hour *Stationary Guard at Regular Rate 139.69 per hour *Stationary Guard at Overtime Rate 55 90.51 per hour *Transportation Mileage rate 0.50 per mile Detainee Work Program Reimbursement 1.00 per day See Article XVII D. Cost Reimbursement for Prescriptions: This is a cost reimbursement line item for medical prescriptions. The Service Provider shall submit a invoice in accordance with Article The amount reimbursed will be the actual cost of prescription medications only. No overhead or pro?t will be reimbursed. Any non- prescribed over-the-counter medications shall be included in the bed day rate. The Service Provider and ICE shall monitor actual cost utilization for prescription medications and if costs are projected to exceed the NTE amount speci?ed herein, the Service Provider may request a modi?cation of the NTE for prescription medications in accordance with Article XLA. Page 4 of 48 Article II. General A. Commencement of Services: ICE is under no obligation to utilize the facilities identi?ed herein until the need for detention services has been identi?ed, funding has been identi?ed and made available, 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 ?inding. 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 Theo Lacy, James A. Musick, or the Intake and Release Center (IRC). If either the facility or any future facility is operated by an entity other than the Service Provider, ICE shall treat the entity as a subcontractor to the Service Provider. The Service Provider shall obtain the Contracting Of?cer?s approval before subcontracting the detention and care of detainees to another entity. The Contracting Of?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 i, shall provide ICE with copies of all subcontracts. All payments will be made to the Service Provider. ICE will not accept invoices from, or make payments to, a subcontractor. Subcontractors that perform under this agreement are subject to the terms and conditions of this IGSA. The requirements of this paragraph do not apply to service agreements usually and customarily entered into by the Service Provider to obtain or arrange for medical supplies, technical support, maintenance, or medical professional services such as physicians, radiologists, and dentists. D. Consistent with Law: This is a ?rm ?xed rate Agreement, not a cost reimbursable Agreement, except for medical prescriptions as outlined in Article I. D. 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 HI. Covered Services A. Bedspace: The Service Provider shall provide male/female beds on a space available basis, with minimum availability of 500 beds. Prior to reducing the ICE population, the Service Provider shall give ICE at least 90 days notice. ICE will transfer only in-custody detainees to the facilities for housing. 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 Page 5 of 48 The Sheriff Department has a legal obligation to house County inmates. If the inmate population of the County Jail begins to increase to a point where it appears to the Sheriff?s Department that the number of guaranteed beds for detainees may need to be reduced, the Sheriff?s Department shall notify ICE, and the Sheriff?s Department and ICE will work to resolve the issue within 90 days. Failure to resolve the issue may result in termination of the Agreement. . Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement. In providing these services, the Service Provider shall ensure compliance with all applicable laws, regulations, ?re and safety codes, policies and procedures. The types and levels of services shall be consistent with those the Service Provider routinely affords other inmates. If the Service Provider determines that ICE has delivered a person for custody who is under the age of eighteen (18), the Service Provider shall not house that person with adult detainees and shall immediately notify the ICE COTR or designated ICE of?cial. ICE will remove the juvenile within twenty-four (24) hours. . Unit of Service and Financial Liabilitv: The unit of service is called a ?bed day? and is de?ned as one person per day. The bed 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 A-87. 7) Legal or professional fees (speci?cally legal expenses for prosecution of claims against the Federal Government, legal expenses of individual detainees or inmates) 8) Contingencies . Interpretive/Translation Services: The Service Provider shall make special provisions for non-English speaking, handicapped or illiterate detainees. Upon request, ICE will assist the Service Provider in obtaining translation services through a toll free line. The Service Provider shall provide all instructions verbally, either in English or the detainees? language, as appropriate, to detainees who cannot read. Page 6 of 48 E. Escort and Transportation Services: The Service Provider shall provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees to and from designated locations (see Attachment - Transportation Routes). Escort services will be required for escorting detainees who are in the physical custody of the Sheriff?s Department to court hearings; escorting detainees who are in the custody of the Sheriff?s Department and who are witnesses to the courtroom and staged with the ICE Judge during administrative proceedings. Transportation Services shall be performed by at least (wae) quali?ed sworn law enforcement or correctional of?cer personnel employed by the Service Provider under their policies, procedures and authorities. F. Special Management Unit (SMU): The Service Provider, under this IGSA shall ensure access to Special Management Units with an Administrative Segregation section for detainees segregated from the general population for administrative reasons and a Disciplinary Segregation section for detainees segregated from the general population for disciplinary reasons. If a female detainee requires special management services beyond 72 hours, the Service Provider shall request that ICE remove the female detainee. Article IV. Receiving and'Discharging Detainees A. Required Activity: The Service Provider shall receive and discharge detainees only to and from properly identi?ed 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 will 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. ICE will not release detainees from the County of Orange facilities into the local community. The Service Provider will transport the detainee from the facility to the Los Angeles Field Of?ce which will effect release from custody. 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 shall make all reasonable efforts to receive ICE detainees. These efforts shall be in accordance with the Service Provider?s responsibility to ensure the safety and security of the detainees and staff. The Page 7 of 48 ICE.2012FOIA3030001024 Service Provider retains the right to refuse acceptance, or request removal of detainees under the following circumstances: 1. The detainee is determined through the Sherist Department?s classi?cation process to be an unacceptable risk to the safety and security of staff and/or other detainees. 2. There is a lack of available or suitable housing to accommodate the classi?cation of detainee. 3. On the rare occasion there is a pre-existing relationship between a detainee and staff member family, friend or former professional relationship) which may potentially cause a con?ict or compromise the security of the Facility and/or the staff member. 4. The detainee has a medical or mental health problem which requires care beyond the scope of the contractual level of care as de?ned in Attachment I or in any instance that is best for the health and welfare of the detainee. In the case of a detainee already in custody of the Service Provider, the Service Provider shall notify ICE and request such removal of the detainee from the Facility. In circumstances other than when the detainee requires immediate transfer to the hospital, the Service Provider shall allow ICE up to 72 hours to make alternative arrangements for the detainee. Should a substantial number of rejections occur, ICE reserves the right to request mediation or negotiation. E. Emergency Evacuation: In the event of an emergency requiring evacuation of the Facility, the Service Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, as it employs for persons detained under the Service Provider?s authority. The Service Provider shall notify the ICE COTR or designated ICE of?cial within two (2) hours of evacuation. F. Pregnant Detainees: The Service Provider shall accept pregnant detainees up to the end of 2"d trimester within the scepe of available medical services. Article V. ICE Detention Standards Satisfactory Performance: The Service Provider shall house detainees and perform related detention services in accordance with the 2008 edition of ICE Performance Based National Detention Standards with the exception of the IRC where housing is limited to under 72 hours. The complete set of standards applicable to this procurement is available from the following website: and incorporated herein. ICE Inspectors will conduct periodic inspections of the facility to assure compliance with the ICE Page 8 of 48 0-0001 The facility?s design and operation shall re?ect the Expected Outcomes as summarized and re?ected in the design statement and outlined at length below. Where minimum requirements are expressed, innovation is encouraged to further the goals of detention reform. Performance Outcomes The Expected Outcomes of the 42 are listed below. 1. PART 1 SAFETY 1 Emergency Plans Each facility will have in place contingency plans to quickly and effectively respond to any emergency situations that arise and to minimize their severity. 1. Staff will be trained at least annually in emergency preparedness and implementation of the facility?s emergency plans. 2. An evacuation plan will be in place in the event of a ?re or other major emergency, and the plan will be locally approved in accordance with this Detention Standard and updated at least annually. 3. Events, staff responses, and command-related decisions during and immediately after emergency situations will be accurately recorded and documented. 4. Plans will include procedures for handling detainees with special needs during an emergency or evacuation. 5. The applicable content and procedures in this standard will be communicated in a language or other manner that the detainee can understand. 2 Environmental Health and Safety 1. Facility cleanliness and sanitation will be maintained at the highest level. 2. Compliance with all applicable safety and sanitation laws will be ensured by documented internal and external inspections and corrective action when indicated. 3. Compliance with all applicable ?re safety codes and ?re safety performance requirements for the facility furnishings will be ensured. 4. Flammable, poisonous, toxic, and caustic materials will be controlled and used in a safe manner. 5. Compliance with ?re prevention regulations, inspection requirements, and practices, including periodic ?re drills, will ensure the safety of detainees, staff, and visitors. 6. Staff will be knowledgeable about procedures and responsibilities during emergency situations, including those that require evacuation, in accordance with a written plan and at least annual training. 7. The facility will have a plan for immediate release of detainees from locked areas and provisions for a back-up system 8. A suf?cient number of properly positioned emergency exits that are clear from obstruction will be and permanently marked. 9. Preventive maintenance and regular inspections will be performed to ensure timely emergency repairs or replacement to prevent dangerous and life-threatening situations. 10. Potential disease transfer will be minimized by the proper sanitization of barbering equipment and supplies. Page 9 of 48 11. Pests and vermin will be controlled and eliminated. 12. Safe potable water will be available throughout the facility. 13. Emergency lighting and life-sustaining equipment will be maintained and periodically tested. 14. Disposal of garbage and hazardous waste will be in compliance with applicable government regulations. 15. The applicable content and information in this standard will be communicated in a language or manner which the detainee can understand. 3 Transportation (by Land) 1. The general public, detainees, and staff will be protected from harm when detainees are transported. 2. Vehicles used for transporting detainees will be properly equipped, maintained, and operated. 3. Detainees will be transported in a safe and humane manner, under the supervision of trained and experienced staff. 4. To the extent practicable, reasonable accommodations wheelchairs, canes) will be made for detainees with physical disabilities and impairments in accordance with security and safety needs. PART 2 SECURITY 4 Admission and Release 1. Upon admission each detainee will be screened to ensure facility safety, security, and good order. Strip searches will be conducted in the least intrusive manner practicable. 2. Upon admission, each detainee?s personal property and valuables will be checked for contraband, inventoried, receipted, and stored. 3. Each detainee?s identi?cation documents will be secured in the detainee?s A-?le. 4. Upon admission, each detainee will be medically screened to protect the health of the detainee and others in the facility. 5. Upon admission, each detainee will be given an opportunity to shower and be issued clean clothing, bedding, towels, and personal hygiene items. 6. Upon admission, each detainee will undergo screening interviews and complete questionnaires and other forms. 7. Each newly admitted detainee will be kept separated from the general population until classi?ed and housed accordingly. 8. Each newly admitted detainee will be oriented to the facility through written material on facility policies, rules, prohibited acts, and procedures and, in some facilities, by viewing an orientation video, in a language or manner he or she can understand. 9. Detainees will be released, removed, or transferred from a facility only when staff have followed speci?ed procedures and completed required forms. 10. The facility will maintain accurate records and documentation on all detainees? admission, orientation, and release. 11. Detainees will have access to a telephone during the admission process 12. The applicable contents and procedures in this Standard will be communicated to the Page 10 of 48 detainee in a language or manner which the detainee can understand. Classi?cation System 1. 5" The community, staff, contractors, volunteers, and detainees will be protected from harm through a formal classi?cation process for managing and separating detainees by threat risk that is based on veri?able and documented data. Each detainee will be expeditiously classi?ed upon admission to the facility and before being admitted into general population housing. Non-criminal detainees will be protected from harm by assigning detainees housing with persons of similar backgrounds and criminal history. Each detainee?s classi?cation will be reviewed at regular intervals, when required by changes in the detainee?s behavior or circumstances, or upon discovery of additional, relevant information. Detainees will be able to appeal their classi?cation levels. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. Contraband 1. 2. Contraband will be identi?ed, detected, controlled, and disposed of properly. Detainee personal property that would be considered contraband within the facility will be mailed to a third party or stored until the detainee?s release, unless that property is illegal or a threat to safety or security. Contraband that may be evidence in connection with a violation of a criminal statute will be preserved, inventoried, controlled, and stored so as to maintain and document the chain of custody. The applicable content and procedures in this standard will be communicated to the detainee in a language or manner which the detainee can understand. Facility Security and Control 1. 2. 3. Essential security posts and positions will be staffed with quali?ed personnel. Facility security and safety will be monitored and coordinated by a secure, well- equipped, and continuously staffed control center. The facility?s perimeter will ensure that detainees remain within and that public access is denied without proper authorization. Information about routine procedures, emergency situations, and unusual incidents will be continually recorded in permanent post logs and shi? reports. Facility safety, security and good order, including the safety, health and well-being of staff and detainees, will be enhanced through ongoing observation, supervision, and personal contact and interaction between staff and detainees. Special security and control measures will consistently be applied to Special Management Unit entrances. Facility safety, security and good order will be enhanced through frequent and documented staff inspections of detainee-occupied and unoccupied areas. Funds and Personal Property 1. The security, safety and good order of each facility will be maintained through an immediate search of each newly admitted detainee?s property. Page 11 of 48 9 10 11 12 13 0-0001 2. Each detainee?s funds, valuables, baggage, and personal property will be inventoried, receipted, stored and safeguarded for the duration of their detention. 3. Each detainee will be informed about What funds and property may be retained in his or her possession and about procedures to report missing or damaged property. 4. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. Hold Rooms in Detention Facilities 1. The safety, security, and comfort of detainees temporarily con?ned in Hold Rooms will be ensured. 2. No detainee will be con?ned in a Hold Room for more than twelve hours. 3. Males and females will be con?ned separately. 4. Minors (under 18) will be held apart from adults, except for related adults or legal guardians, provided there are no safety or security concerns with this arrangement. 5. Any detainee with disabilities, including temporary disabilities, will be housed in a manner that provides for his or her safety, comfort and security. 6. Detainees awaiting a medical Visit will be seen as as possible. Key and Lock Control 1. All staff will be trained in the proper care and handling of keys and locks. 2. Keys will be controlled and accounted for. 3. Locks and locking devices will be continually inspected, maintained, and inventoried. 4. Employees will store their ?rearms in secure gun lockers before entering the facility. Population Counts Security, safety, and orderly facility operations will be maintained through an ongoing, effective system of population counts and accountability for detainees. Post Orders 1. Each of?cer will have current written Post Orders that speci?cally apply to the assigned post, with step-by-step procedures in suf?cient detail to guide an of?cer assigned to that post for the ?rst time. 2. Signed and dated records will be maintained to show that assigned of?cers acknowledged that they read and understood the Post Orders. 3. Post Orders will be formally reviewed annually and updated as needed. Searches of Detainees 1. Detainees will live and work in a safe and orderly environment. 2. Contraband will be controlled. 3. Searches of detainees, housing, and work areas will be conducted without unnecessary force and in ways that preserve the dignity of detainees. 4. When body searches are conducted, the least intrusive practicable search method will be employed, as indicated by the type of contraband and the method of suspected introduction or concealment. 5. Pat searches of detainees and metal detector screening will be conducted routinely to control contraband. 6. A strip search will be conducted only when there is reasonable suspicion that contraband may be concealed on the person, or when there is a reasonable suspicion Page 12 of 48 14 10. 11. that a good opportunity for concealment has occurred, and when properly authorized by a supervisor. A body cavity search will be conducted by designated health personnel only when authorized by the facility administrator on the basis of reasonable suspicion that contraband may be concealed in or on the detainee?s person. ?Dry cells? will be used for contraband detection only when there is reasonable suspicion of concealment, with proper authorization, and in accordance with required procedures. Contraband that may be evidence in connection with a violation of a criminal statute will be preserved, inventoried, controlled, and stored so as to maintain and document the chain of custody. Canine units (in facilities that have them) may be used for contraband detection when detainees are not present, but canine use for force, intimidation, control, or searches of detainees is prohibited. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. Sexual Abuse and Assault Prevention and Intervention 1. 2. 10. Sexual abuse and assault of detainees will be prevented. Detainees will be informed about the facility?s sexual abuse or assault prevention and intervention program. Detainees will be screened to identify those likely to be sexual aggressors or sexual victims and will be housed to prevent sexual abuse or assault. Detainees who are considered likely to become victims will be placed in the least restrictive housing that is available and appropriate. All allegations of sexual abuse or assault will be and effectively reported and investigated. Detainees will not be punished for truthfully reporting abuse or signs of abuse observed. If sexual abuse or assault of any detainee occurs, the medical, safety, and social needs of the victim will be and effectively met. Where possible and feasible, a victim of sexual assault will be referred under appropriate security provisions to a specialized community facility for treatment and gathering of evidence. Assailants will be con?ned and disciplined and may be subject to criminal prosecution. Sexual conduct between detainees, staff, volunteers, or contract personnel, regardless of consensual status, is prohibited and subject to administrative, disciplinary, and criminal sanctions. All case records associated with claims of sexual abuse, including incident reports, investigative reports, offender information, case disposition, medical and counseling evaluation ?ndings, and recommendations for post-release treatment and/or counseling will be retained in accordance with an established schedule. For monitoring, evaluating, and assessing the effectiveness of the sexual abuse and assault prevention and intervention program, incidents of sexual abuse and assault will be Specifically documented and tracked as specified in this Detention Standard Page 13 of 48 (in addition to standard facility operational and disciplinary documentation of any assault). 11. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 15 Special Management Units 1. Each facility will have access to Special Management Units with an Administrative Segregation section for detainees segregated from the general population for administrative reasons and a Disciplinary Segregation section for detainees segregated from the general population for disciplinary reasons. 2. Detainees housed in the general pOpulation, staff, contractors, volunteers, and the local community will be protected from harm by the segregation of certain detainees in SW3. 3. Any detainee who represents an immediate, signi?cant threat to safety, security or good order will be immediately controlled by staff and, for cause and with supervisory approval, placed in Administrative Segregation. 4. Health care personnel will be immediately informed when a detainee is admitted to an SMU to provide assessment and review as indicated by health care authority protocols. 5. A detainee will be placed in ?protective custody? status in Administrative Segregation only when there is documentation that it is warranted and that no reasonable alternatives are available. 6. A detainee will be placed in Disciplinary Segregation only after a ?nding by a Disciplinary Hearing Panel that the detainee is guilty of a prohibited act or rule violation classi?ed at 3 ?Greatest?, ?High?, or ?High-Moderate? level, as de?ned in the Detention Standard on Disciplinary System, Attachment A: Prohibited Acts and Sanctions. 7. The status of detainees in Special Management Units will be reviewed in accordance with required time schedules by supervisory staff and the results of those reviews will be documented. 8. A detainee will remain in Disciplinary Segregation for no more than 60 days for violations associated with a single incident, and his or her status will be reviewed after the ?rst 30 days, and each 30 days thereafter by the facility administrator and the Field Of?ce Director noti?ed to determine if continued detention in Disciplinary Segregation is still warranted. 9. Detainees in SMUs will be afforded basic living conditions that approximate those provided to the general population, consistent with the safety and security considerations that are inherent in more controlled housing, and in consideration of the purpose for which each detainee is segregated. 10. In general, when a detainee in an SMU is deprived of any usually authorized items or activity, a report of the action is forwarded to the facility administrator for notice and review. 11. Detainees in SMUs will have regular access to supervisory, management, program, and health care staff. Page 14 of 48 0-0001 12. Each detainee in an SMU will be offered a minimum of one hour of recreation per day, ?ve days a week, unless documented security or safety considerations dictate otherwise. 13. Detainees in SMUs will be able to write and receive mail and correspondence as they would otherwise be able to do while detained within the general population. 14. Detainees in SMUs will be provided opportunities for general visitation, including legal visitation, unless there are substantial, documented reasons for withholding those privileges. 15. Detainees in SMUs will have access to personal legal materials, law library materials, and legal Visits, in accordance with provisions in this Detention Standard. 16. Detainees in SW3 will have access to telephones, in accordance with provisions in this Detention Standard. 17. Detainees in SMUs will have access to programs and services such as commissary, library, religious guidance, and recreation, in accordance with provisions in this Detention Standard. 18. Detailed records will be maintained on the circumstances related to a detainee?s con?nement to the SMU, through required permanent SMU logs and individual detainee records. 19. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 16 Staff-Detainee Communication 1. Detainees will have frequent opportunities for informal contact with facility managerial and supervisory staff and with Field Of?ce staff. 2. Facility managerial and supervisory staff and Field Of?ce staff will frequently and directly observe facility operations and conditions of con?nement. 3. Detainees will be able to submit written questions, requests, and concerns to staff and receive timely reSponses. 4. Detainees will be informed about how to directly contact the Department of Homeland Security Of?ce of the Inspector General. 5. Detainee telephone serviceability will be monitored and documented by ICE staff and any problems immediately reported. 6. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 17 Tool Control Tools, maintenance implements, culinary utensils, medical and dental instruments, equipment, and supplies (particularly syringes, needles, and other sharps) will be maintained on an inventory, continually controlled and accounted for to insure the safe and orderly operation of the facility. 18 Use of Force and Restraints 1. Physical force will be used only as a last resort and is restricted to instances of justi?able self-defense, protection of others, protection of property, and prevention of escapes. Page 15 of 48 10. 11. 12. 13. 14. PART 3 DROIGSA- 1 0-0001 Facilities will endorse the concept that confrontation avoidance is the recommended method for resolving situations and should always be attempted prior to any calculated use of force. Physical force or restraint devices will not be used as punishment. In circumstances when prior supervisory approval is required, restraints will not be applied without that approval. restraints will be applied only in extreme circumstances and only where other types of restraints have proven ineffective. Advance approval is required, as is prompt noti?cation of and examination by the medical staff. These restraints will be continued only in accordance with required procedures and documentation. Intermediate force devices will be used only in circumstances prescribed herein, with required prior approvals. NOTE: ?Herein? refers to In each facility, all weapons and related equipment will be stored securely in designated areas to which only authorized persons have access. . In each facility, chemical agents and related security equipment will be inventoried at least to determine their condition and expiration dates. In each facility, a written record of routine and emergency distribution of security equipment will be maintained. An employee will submit a written report no later than the end of his or her shift when force was used on any detainee for any reason, or if any detainee remains in any type of restraints at the end of that shift. This includes discharge of a ?rearm and use of less lethal devices to control detainees. Telephonic noti?cation to the POD shall occur as soon as practicable. The Field Of?ce Director will be noti?ed of any use-of-force incident involving an ICE detainee within two business days via an ICE-approved form or IGSA equivalent. Canines will not be used for force, control or intimidation of detainees. Facilities will adhere to Use of Deadly Force Policy. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. ORDER 19 Disciplinary System 1. Detainees will be informed of facility rules and regulations, prohibited acts, disciplinary sanctions that may be imposed, their rights in the disciplinary system and the procedure for appealing disciplinary ?ndings. Each facility will have graduated severity scales of prohibited acts and disciplinary consequences. . Where permitted by facility policy, staff will informally settle minor transgressions by mutual consent, whenever possible. Staff who witness a prohibited act that cannot or should not be resolved informally, or have reason to suspect that a detainee has engaged in a prohibited act, will prepare a clear, concise, and complete Incident Report. Each Incident Report will be objectively and impartially investigated and reported, ordinarily by a person of supervisory rank. 'Page 16 of 48 10. ll. 12. 13. 14. 15. 16. 17. 18. When appropriate, a serious incident that may constitute a criminal act will be referred to the proper investigative agency, and the administrative investigation will be suspended, pending the outcome of that referral. At each step of the disciplinary and appeal process, the detainee will be advised of his or her rights in a language he or she understands, and translation or interpretation services will be provided as needed. A Unit Disciplinary Committee (UDC) will further investigate and adjudicate the incident and may impose minor sanctions or refer the matter to a higher level disciplinary panel. An Institution Disciplinary Panel (IDP) will conduct formal hearings on Incident Reports referred from UDCs and may impose higher level sanctions for ?Greatest? and ?High? level prohibited acts. Detainees before the IDP will be afforded a staff representative, upon request, or automatically if the detainee is illiterate, has limited English language skills or otherwise needs. special assistance. Actions of the IDP will be reviewed by the facility administrator, who may concur with the ?ndings and sanctions or modify them. At all steps in the disciplinary process, any sanctions imposed will be commensurate with the severity of the committed prohibited act and intended to encourage the detainee to conform with rules and regulations in the future. All steps of the disciplinary process will be done within the required time limits. At all steps of the disciplinary process, accurate and complete records will be maintained. The detainee will receive copies of all reports, exhibits, and other documents considered or generated in the hearing process, except insofar as the disclosure of such documents may pose an imminent threat to the safety and security of the facility staff or other detainees, or if the document or other evidence is otherwise protected from disclosure. If a detainee is found not guilty at any stage of the disciplinary process, the incident records will not be placed or retained in the detainee?s ?le, even if they are retained elsewhere for statistical or historical purposes. Detainees will be able to appeal disciplinary decisions through a formal grievance system. No detainee will be harassed, disciplined, punished, or otherwise retaliated against for ?ling a complaint or grievance. Detainees shall be afforded the following rights: the right to protection from abuse, the right to freedom from discrimination, the right to pursue a grievance, the right to correspond with persons or organizations and the right to due process. The applicable content and procedures in this standard will be communicated to the detainee in a language or manner which the detainee can understand. CARE PART 4 20 Food Service 1. All detainees will be provided nutritionally balanced diets that are reviewed at least quarterly by food service personnel and at least annually by a quali?ed nutritionist or dietician. Detainees, staff and others will be protected from harm and facility order will be maintained by the application of sound security practices in all aspects of food service and dining room Operations. Page 17 of 48 0-0001 3. Detainees, staff, and others will be protected from injury and illness by adequate food service training and the application of sound safety and sanitation practices in all aspects of food service and dining room operations. 4. Dining room facilities and operating procedures will provide suf?cient space and time for detainees to eat meals in a relatively relaxed, unregimented atmosphere. 5. Food service facilities and equipment will meet established governmental health and safety codes, as documented by an independent, outside source. 6. Detainees, staff, and others will be protected from health-related harm by advance medical screening and clearance before any detainee is assigned to work in food service operations. 7. Food service areas will be continuously inspected by food service staff and other assigned personnel on schedules determined by the food service administrator and by applicable policy requirements. 8. Stored food goods will be maintained in accordance with required conditions and temperatures. 9. Therapeutic medical diets and supplemental food will be provided as prescribed by appropriate clinicians. 10. Special diets and special ceremonial meals will be provided for detainees whose religious beliefs require the adherence to religious dietary laws. 11. Detainees will receive a religious or special diet free of any personal cost. 12. Food will never be used for reward or punishment. 21 Hunger Strikes 1. Any detainee who does not eat for 72 hours will be referred to the medical department for evaluation and possible treatment. 2. When medically advisable, a detainee on a hunger strike will be isolated for close supervision, observation, and monitoring. 3. The Field Of?ce Director (FOD) will be noti?ed when a detainee is on a hunger strike. 4. The detainee?s health will be carefully monitored and documented, as will the detainee?s intake of foods and liquids. 5. A detainee on a hunger strike will be counseled and advised of the medical risks and will be encouraged to end the hunger strike or accept medical treatment. 6. Involuntary medical treatment will be administered only with the medical, and legal safeguards speci?ed herein. 7. A record of interactions with the striking detainee, provision of food, attempted and successful medical treatment, and communications between the Clinical Medical Authority, Facility Administrator, and will be established. 8. The information in this detention standard will be communicated in a language or other manner which the detainee can understand. 22 Medical Care 1. 2. Detainees will have access to a continuum of health care services, including prevention, health education, diagnosis, and treatment. Health care needs will be met in a timely and ef?cient manner. Page 18 of 48 3. Newly admitted detainees will be informed, orally and in writing, about how to access health services. 4. Detainees will be able to initiate requests for health services on a daily basis. Detainees will receive timely follow-up to their health care requests. 6. Detainees will have continuity of care from admission to transfer, discharge, or removal, including referral to community-based providers when indicated. 7. A detainee who needs health care beyond facility resources will be transferred in a timely manner to an appropriate facility where care is available. A written list of referral sources, including emergency and routine care, will be maintained as necessary and updated at minimum annually. 8. A transportation system will be available that ensures timely access to health care services that are only available outside the facility, including: prioritization of medical need, urgency (such as the use of ambulance instead of standard transportation) and transfer of medical information. 9. A detainee who requires close, chronic or convalescent medical supervision will be treated in accordance with a written plan approved by licensed physician, dentist, or mental health practitioner that includes directions to health care providers and other involved medical personnel. 10. Detainees will have access to speci?ed 24-hour emergency medical, dental, and mental health services. 11. Minimum requirements for medical housing units will be met. 12. Female detainees will undergo pregnancy testing and pregnancy management services. 13. Screening, prevention and control measures will be utilized to assist in prevention and management of infectious and communicable diseases. 14. Biohazardous waste will be managed and medical and dental equipment decontaminated in accordance with standard medical practices and in compliance with applicable laws. 15. Detainees with chronic conditions will receive care and treatment for conditions where non-treatment would result in negative outcomes or permanent disability as determined by the clinical medical authority. 16. The facility administrator will develop a plan to ensure that ICE is noti?ed in writing of any detainee whose special medical or mental health needs require special consideration in such matters as housing, transfer, or transportation. 17. Detainees will have access to emergency and speci?ed routine dental care provided under direction and supervision of a licensed dentist. 18. Detainees will be provided health education and wellness information. 19. Each newly admitted detainee, including transfers, will receive a documented medical, dental, and mental health screening upon intake and, within 14 days of arrival, a comprehensive health appraisal by quali?ed personnel in a private setting as practicable to ensure safety. 20. Detainees with suspected or known mental health concerns will be referred as needed for evaluation, diagnosis, treatment, and stabilization. Page 19 of 48 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. Mental health crisis intervention services will be identi?ed and available for detainees who experience acute mental health episodes. Restraints for medical or mental health purposes will be authorized only by the facility?s clinical medical authority, in accordance with the requirements speci?ed in this Detention Standard. Prior to placement in a non-detention facility or special unit within the facility speci?cally designated for the care of the severely mentally ill or developmentally disabled, a detainee shall be afforded due process in compliance with applicable laws. Medical and dental orthoses or prostheses and other aids to impairment are supplied in a timely manner when the health of the detainee would otherwise be adversely affected, as determined by the responsible physician or dentist. Detoxi?cation from alcohol, opiates, hypnotics, other stimulants, and sedatives is done only under medical supervision in accordance with applicable laws. Pharmaceuticals and non-prescription medicines will be secured, stored and inventoried. Prescriptions and medications will be ordered, dispensed, and administered in a timely and suf?cient manner as prescribed by a health care professional. Health care services will be administered by the health administrative authority, and clinical decisions will be the sole province of the clinical medical authority. Health care services will be provided by a suf?cient number of appropriately trained and quali?ed personnel, whose duties are governed by thorough and detailed job descriptions and who are veri?able licensed, certi?ed, credentialed, and/or registered in compliance with applicable state and federal requirements. Detention and health care personnel will be trained, initially and annually, to respond to health-related emergency situations within four minutes and in the proper use of emergency medical equipment Information about each detainee?s health status will be treated as con?dential, and health records will be maintained in accordance with accepted standards separately from other detainee detention ?les and be accessible only in accordance with written procedures and applicable laws. Health record ?les on each detainee will be well organized, available to all practitioners, and properly maintained and safeguarded. Informed consent standards will be observed and adequately documented. Staff will make reasonable efforts to ensure that detainees understand their medical condition and care. Medical and mental health interviews, screenings, appraisals, examinations, and procedures will be conducted in settings that respect detainees? privacy in accordance with safe and orderly operations of the facility. Detainees will be provided same sex chaperones as appropriate or as requested. When a detainee is transferred to another facility, the transferring facility will send a completed medical transfer summary and other medical documentation as appropriate to the receiving facility. Detainees in Special Management Units will have access to the same health care services as detainees in the general population. Page 20 of 48 23 24 25 37. Non-English speaking detainees and/or detainees who are deaf and/or hard at hearing will be provided interpretation/translation services or other assistance as needed for medical care activities. 38. Detainees with special needs, including physical or developmental disabilities, will be evaluated and given the appropriate care and communication their situation requires. Personal Hygiene 1. 2. 3. 4. 5. Each facility will maintain an inventory of clothing, bedding, linens, towels and personal hygiene items that is suf?cient to meet the needs of detainees. Each detainee will have suitable, clean bedding, linens, blankets, and towels. Each detainee will have suf?cient clean clothing that is properly ?tted, climatically suitable, durable, and presentable. Detainees will be held accountable for clothing, bedding, linens, and towels assigned to them. Detainees, including those with disabilities, will be able to maintain acceptable personal hygiene practices. Suicide Prevention and Intervention 1. All staff responsible for supervising detainees will be trained, initially during orientation and at least annually, on effective methods of suicide prevention and intervention with detainees. Staff will act to prevent suicides with appropriate sensitivity, supervision, and medical referrals. Any clinically suicidal detainee will receive preventive supervision, treatment, and therapeutic follow-up, in accordance with ICE policy. The information in this standard will be communicated in a language or manner which the detainee can understand. Terminal Illness, Advance Directives, and Death 1. 2. The continuum of health care services provided detainees will address terminal illness, fatal injury, and advance directives. Each detainee who has a terminal illness or potentially fatal injury will receive medical care consistent with standard medical practices. . In the event of a detainee?s death, speci?ed of?cials and the detainee?s designated next of kin will be immediately noti?ed. In the event of a detainee?s death, required noti?cations will be made to authorities outside of (such as the local coroner or medical examiner), and required procedures will be followed regarding such matters as autopsies, death certi?cates, burials, and the disposition of decedent?s property. Established guidelines and applicable laws will be observed in regard to noti?cation of a detainee death while in custody. The medical records of detainees addressed herein will be complete. The information in this standard will be communicated in a language or manner which the detainee can understand. Page 21 of 48 PART 5 l. 2. 10. 11. ACTIVITIES 26 CorreSpondence and Other Mail Detainees will be able to correSpond with their families, the community, legal representatives, government of?ces, and consular officials. Detainees will be noti?ed of the facility?s rules on correspondence and other mail through the Detainee Handbook, or supplement, which is provided to each detainee upon admittance. . The amount and content of correSpondence detainees send at their own expense will not be limited except to protect public safety or facility security and order. Indigent detainees will receive a speci?ed postage allowance to maintain community ties and necessary postage for privileged correspondence. Detainees will have access to general interest publications. Incoming and outgoing mail, with the exception of Special Correspondence and Legal Mail, will be opened to inspect for contraband and to intercept cash, checks, and money orders. General correspondence will be read or rejected only to protect the safe, secure and orderly operation of the facility, and detainees will be noti?ed in writing when correspondence is withheld in part or in full. Detainees will be permitted to send Special Correspondence and Legal Mail to a Speci?ed class of persons and organizations, and incoming mail from these persons will opened only in the presence of the detainees (unless waived) to check for contraband (except when contamination is suspected). Incoming and outgoing letters will be held for no more than 24 hours and packages no more than 48 hours before distribution, excluding weekends, holidays, or exceptional circumstances. Detainees in SMUs will have the same correspondence privileges as detainees in the general population. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 27 Escorted Trips for Non-Medical Emergencies 1. Within the constraints of safety and security, selected detainees will be able to visit critically ill members of the immediate family or to attend their funerals, while under constant staff supervision. Safety and security will be primary considerations in planning, approving, and escorting a detainee out of a facility for a non-medical emergency. 28 Marriage Requests 1. 2. 3. Each marriage request from an detainee will receive a case-by-case review. Consistency in decisions to approve or deny a marriage request will be achieved by the application of guidelines. Ordinarily, a detainee?s request for permission to marry will be granted. 29 Recreation 1. Detainees will have daily opportunities to participate in leisure?time activities outside their respective cells or rooms. Page 22 of 48 30 Detainees will have access to exercise opportunities and equipment, including at least one hour daily of physical exercise outside the cell, and outdoors, when practicable. Any detainee housed in a facility that cannot meet minimum standards for indoor and outdoor recreation will be considered for voluntary transfer to a facility that does. Each detainee in an SMU will receive (or be offered) a minimum of one hour of exercise per day, ?ve days a week, unless documented security or safety considerations dictate otherwise. Each citizen volunteer who provides or participates in facility recreational programs will complete an appropriate, documented orientation program and sign an acknowledgement of his or her understanding of the applicable rules and procedures and agreement to comply with them. Religious Practices 1 . Detainees will have opportunities to participate in practices of their religious faith that are deemed essential by that faith, limited only by a documented showing of threat to the safety ofrpersons involved in such activity itself, or disruption of order in the facility. All religions represented in a detainee population will have equal status without discrimination based on any detainee?s race, ethnicity, religion, national origin, gender, sexual orientation, or disability. . Each facility?s religious program will be planned, administered, and coordinated in an organized and orderly manner. Adequate space, equipment and staff (including security and clerical) will be provided for conducting and administering religious programs. Detainees of faiths not directly represented by Chaplaincy staff will be assisted in contacting external clergy or religious service providers. Each facility?s religious program will be augmented and enhanced by community clergy, contractors, volunteers and groups that provide individual and group assembly religious services and counseling. Detainees in Special Management Units and hOSpital units will have access to religious programs and services. Special diets will be provided for detainees whose religious beliefs require the adherence to religious dietary laws. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner that the detainee can understand. 31 Telephone Access 1. Detainees will have reasonable and equitable access to reasonably priced telephone services. Detainees with hearing or speech disabilities will have reasonable accommodations to allow for appropriate telephone services. . Detainees in Special Management Units will have access to telephones, commensurate with facility security and good order. Detainees will be able to make free calls to the ICE/ERO-provided list of free legal service providers for the purpose of obtaining initial legal representation, to consular of?cials and to the DHS Of?ce of Inspector General. Page 23 of 48 Telephone access procedures will foster legal access. . Telephones will be maintained in proper working order. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 32 Visitation 33 1. Detainees will be able to receive visits from their families, associates, legal representatives, consular of?cials, and others in the community. 2. Visits between legal representatives and assistants and an individual detainee are con?dential and shall not be subject to auditory supervision. Private consultation rooms shall be available for such meetings. 3. Detainees will be advised of their right to contact their consular representatives and receive visits from their consulate of?cers. 4. Detainees will be advised of visiting privileges and procedures as part of the facility?s admission and orientation program in a language they can understand. 5. Information about visiting policies and procedures will be readily available to the public. . 6. The number of visitors a detainee may receive and the length of visits will be limited only by reasonable constraints of space, scheduling, staff availability, safety, security, and good order. The minimum duration for a visit shall be 30 minutes. 7. Visitors will be required to adequately identify themselves and register to be admitted into a facility, and safety, security and good order will be maintained. 8. A background check will be conducted on all new volunteers prior to their being approved to provide services to detainees. 9. Each new volunteer will complete an appropriate, documented orientation program and sign an acknowledgement of his or her understanding of the applicable rules and procedures and agreement to comply with them. 10. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. Voluntary Work Program 1. Detainees may have opportunities to work and earn money while con?ned, subject to the number of work opportunities available and within the constraints of safety, security, and good order. 2. Detainees will be able to volunteer for work assignments but otherwise not be required to work, except to do personal housekeeping. 3. Essential operations and services will be enhanced through productivity from detainees. 4. The negative impact of con?nement will be reduced through less idleness, improved morale and fewer disciplinary incidents. 5. Detainee working conditions will comply with all applicable federal, state, and local work safety laws and regulations. 6. There will be no discrimination regarding voluntary work program access based on any detainee's race, religion, national origin, gender, sexual orientation, or disability. Page 24 of 48 7. DROIGSA- 0-0001 The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. PART 6 JUSTICE 34 Detainee Handbook 35 1. Upon admission to a facility, each detainee will be provided the comprehensive written orientation materials in the form of a detainee handbook. The local facility shall provide a detainee handbook supplement, which describes such matters as: grievance system, services and programs, medical care, law libraries and legal material, correspondence and other material, staff?detainee communication, . classi?cation system, and disciplinary system, Each detainee will verify, by signature and date, receipt of those orientation materials, and that acknowledgement will be maintained in the detainee?s detention ?le. . The ICE National Detainee Handbook will be provided in English, Spanish, and other languages as determined necessary by the Field Office Director (POD). Orientation materials will be read to detainees who cannot read, or they will be provided the material via audio or video recordings. Interpretative services will be provided to detainees who do not speak the languages in which the orientation materials are written. The information in this standard will be communicated in a language or manner which the detainee can understand. Grievance System 1. 2. 3. ss? Detainees will be informed about the facility?s informal and formal grievance system in a language or manner he or she understands. Staff and detainees will mutually resolve most complaints and grievances orally and informally in their daily interaction. Detainees will be able to ?le formal grievances, including medical grievances, and receive written responses, including the basis for the decision, in a timely manner. Detainees will be able to ?le emergency grievances that involve an immediate threat to their safety or welfare and receive written responses, including the basis for the decision, in a timely manner. Detainees will be able to appeal initial decisions on grievances to at least one higher level of review. Accurate records will be maintained on grievances ?led and their resolution. No detainee will be harassed, disciplined, punished, or otherwise retaliated against for ?ling a complaint or grievance. The applicable contents and procedures in this standard will be communicated in a language or manner which the detainee can understand. Page 25 of 48 DROIGSA- 0-0001 36 Law Libraries and Legal Material 1. Detainees will have regular access (no less than ?ve hours per week) to law libraries, legal materials and related materials. Detainees will not be forced to forgo recreation time to use the law library and requests for additional time to use the law library shall be accommodated to the extent possible, including accommodations of work schedules when practicable, consistent with the orderly and secure operation of the facility. Detainees will have access to courts and counsel. Detainees will be able to have con?dential contact with attorneys and their authorized representatives in person, on the telephone and through correspondence. Detainees will have access to a properly equipped law library, legal materials and equipment to facilitate the preparation of documents as well as photOCOpying resources. Detainees who are illiterate, non-English-speaking or indigent will receive appropriate special assistance. Detainees in special management units will have access to legal materials on the same basis as the general population. The applicable contents and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. 37 Legal Rights Group Presentations 1. PART 7 Detainees will have access to available group presentations on United States immigration law and procedures. Persons and organizations requesting to make such group presentations will be able to obtain clear information about how to request such visits and how to conduct them. Facility security and good order will be maintained. Detainees shall not be subject to reprisals, retaliation, or penalties for attending legal rights group presentations. . Detainees will be able to communicate and correspond with representatives from the legal groups who make presentations at the facilities. Detainees will have access to information and materials provided by legal groups. Organizations will be permitted to distribute information in response to speci?c legal inquiries. Foreign nationals will have access to the diplomatic representative of their country of origin. ADMINISTRATION MANAGEMENT 38 Detention Files 1. 2. 3. A Detention File will be maintained on each detainee admitted to a detention facility for more than 24 hours. Each Detention File will include all documents, forms, and other information speci?ed herein. The security of each Detention File and its contents will be maintained. Page 26 of 48 39 40 8. 9. 0-0001 Staff will have access to Detention Files, as needed, for of?cial purposes. Information from a Detention File will be released to an outside third party only with the detainee?s signed consent. Release of information on detainees will be in accordance with applicable federal and state regulations. Electronic record-keeping systems and data will be protected from unauthorized access. Field Of?ces will maintain ?les necessary to carry out their responsibilities and will maintain them for a minimum of 18 months for auditing purposes. Inactive, closed Detention Files will be properly archived. News Media Interviews and Tours 1. 2. The public and the media will be informed of operations and events within the facility?s areas of responsibility. The privacy of detainees and staff will be protected, including the right of a detainee to not be photographed or recorded. Staff Training 1. 10. 11. Before assuming duties, each new employee, contractor, or volunteer will be provided an appropriate orientation to the facility and the National Detention Standards. All part-time staff and contract personnel shall receive formal orientation training appropriate to their assignments. Any part-time, volunteer, or contract personnel working more than twenty hours per week shall receive training appropriate to their position and commensurate with their full-time colleagues. Training for staff, contractors, and volunteers will be provided by instructors who are quali?ed to conduct such training. Staff and contractors who have minimal detainee contact (such as clerical and other support staff) will receive initial and annual training commensurate with their responsibilities. Professional, support, and health care staff and contractors who have regular or daily contact with detainees, or who have signi?cant responsibility involving detainees, will receive initial and annual training commensurate with their position. Security staff and contraCtors will receive initial and annual training commensurate with their position. Facility management and supervisory staff and contractors will receive initial and annual training commensurate with their position. Personnel and contractors assigned to any type of emergency response unit or team will receive initial and annual training commensurate with these responsibilities including annual refresher courses or emergency procedures and protocols. Personnel and contractors authorized to use ?rearms will receive appropriate training before being assigned to a post involving their use and will demonstrate competency in ?rearms use at least annually. Personnel and contractors authorized to use chemical agents will receive thorough training in their use and in the treatment of individuals exposed to a chemical agent. Security staff and contractors will be trained in self-defense and use-of-force procedures to include confrontation avoidance and emergency protocols. Page 27 of 48 41 42 In addition to employment training requirements, employees and contractors will be encouraged to continue their education and professional development through such incentives as salary enhancement, reimbursement of costs, and administrative leave. Initial orientation, initial training, and annual training programs will include information on drug-free workplace requirements and procedures. Initial orientation, initial training, and annual training programs will include information on the facility?s written code of ethics. Initial orientation, initial training, and annual training programs will include updates on new issues and procedures and include reviews of the Detainee Handbook and detainee rights. New staff, contractors, and volunteers will acknowledge in writing that they have reviewed facility work rules, ethics, regulations, conditions of employment, and related documents, and a copy of the signed acknowledgement will be maintained in each person?s personnel ?le. 17. Training shall be conducted on the requirements of special-needs detainees. 12. 13. 14. 15. 16. Transfer of Detainees 1. Decisions to transfer detainees will be made by authorized of?cials on the basis of complete and accurate case information. 2. The legal representative-of-record will be properly noti?ed when a detainee is transferred, in accordance with sound security practices. 3. The detainee will be properly noti?ed, orally and in writing when he or she is being transferred to another facility in accordance with sound security practices. 4. Transportation and receiving facility staff will have accurate and complete records on each transferred detainee. 5. Transfer of detainees will be accomplished safely and securely, particularly those with special health care concerns including appropriate medical information. 6. Transferred detainees funds, valuables and other personal property will be safeguarded. 7. The applicable content and procedures in this Standard will be communicated to the detainee in a language or manner which the detainee can understand. De?nitions A-FILE, ALIEN FILE - The legal ?le maintained by DHS for each detainee. Contents include but are not limited to the detainee?s identi?cation documents (passport, driver's license, other identi?cation cards, etc.), photographs, immigration history, prior criminal record if any, and all documents and transactions relating to the detainee's immigration case. ACA American Correctional Association. ADMINISTRATIVE HEALTH AUTHORITY - The administrative authority is responsible for all access to care, personnel, equipment, and ?scal resources to support the delivery of health care services. ADMINISTRATIVE SEGREGATION - A form of separation from the general population used when the continued presence of the detainee in the general population would pose a threat to life, property, self, other detainees or staff, or to the security or orderly running of the facility. This housing status also includes detainees who require Page 28 of 48 0-0001 protective custody, those who cannot be placed in the local population because they are en route to another facility (holdovers), those who are awaiting a hearing before a disciplinary panel and those requiring separation for medical reasons. PROCESS - In-processing of newly arrived detainees, which includes an orientation to the policies, programs, rules, and procedures of the facility. Classi?cation, assignment of living quarters, various inspections, medical screening and safeguarding of funds, valuables and other personal property is completed during this process. AMBULATORY RESTRAINTS "Soft" or "hard" equipment used to restrict a detainee?s movement but leaving him or her able to eat, drink or attend to basic bodily functions without staff intervention. AMMUNITION CONTROL OFFICER (ACO) An individual who has been designated in writing as the of?cer responsible for the physical and administrative control of ammunition in the authorizing of?cial's area of accountability. ATTORNEY - Any person who is a member in good standing of the bar of the highest court of any state, possession, territory, commonwealth or the District of Columbia, and is not under an order of any court suspending, enjoining, restraining, disbarring or otherwise restricting him or her in the practice of law. (See 8 CFR BODY-CAVITY SEARCH - The visual inspection or physical probing of body openings (anus, vagina, ears, nose, mouth, etc) where weapons, drugs, or other contraband could be secreted. This is the most intrusive means of searching an individual, reserved for instances where other search techniques have been considered but rejected as ineffective under the particular circumstances of the case. Body-cavity search procedures govern physical probes, but not visual inspections. For example, the procedures would not be apprOpriate for a visual inspection of the inside of the mouth, nose, or ears, unless contraband is found during the course of that inSpection. Body?search procedures apply whenever contraband is found, because retrieving/seizing the item will involve physical entry into or probing within the cavity (in this example, the mouth, nose, or ear). CAUSTIC - Capable of burning, corroding, eroding or destroying by chemical action. CENSUS CHECK- See INFORMAL COUNT. CHAIN OF COMMAND - Order of authority (rank): executive, senior management, senior staff, etc. The position titles may vary according to the type of facility (SPC, CDF, or IGSA) and local facility titles. The on?site order of authority at a detention facility descends from the facility administrator to assistant or associate facility administrators to department heads to shift supervisors and other supervisors. Similarly, the chain-of-command at a detention facility descends from the Officer?In?Charge (OIC) to the Associate OIC to the Chief Detention Enforcement Of?cer/Chief of Security, Detention Operations Supervisor, etc. CHEMICAL - A substance with a distinct molecular composition produced by or used in a chemical process. CHIEF OF SECURITY A generic term for the department head in charge of a detention facility?s security employees and operations. The position titles may vary according to the type of facility (SPC, CDF, or IGSA) and local facility titles. Ordinarily, a chief of security (Chief Detention Enforcement Agent, captain, etc.) is organizationally directly under an assistant or associate facility administrator. CLASS (RESTRICTED) TOOLS - Devices to which detainees are forbidden access except in the presence and constant supervision of staff for reasons of safety or security. Page 29 of 48 Class includes devices that can be used to manufacture or serve as weapons capable of doing serious bodily harm or structural damage to the facility. All portable power tools and accessories are in this category. Class also includes ladders and other such items that are not inherently dangerous but could prove useful in unauthorized activities, such as escape attempts. CLASSIFICATION - A process used to make housing and program assignments by assessing detainees on the basis of objective information about past behavior, criminal records, special needs, etc. CLINICAL DIRECTOR (CD) ?An official with overall responsibility for the delivery of health care services to ICE detainees. CLINICAL MEDICAL AUTHORITY - The medical authority is responsible for the delivery of all health care services to the detainee population. These services include, but are not limited to, medical, nursing, dental, mental health and nutritional services. COMBUSTIBLE substance with a ?ash point at or above 100? Fahrenheit. area or system where detainees may purchase approved items. CONSULTATION VISITATION - A discussion, either in person or by telephone, between a detainee subject to Expedited Removal and a person of the detainee's choosing. CONTACT meeting between detainee and another person authorized to take place in an area free of obstacles or barriers that prevent physical contact. bag, barrel, bottle, box, can, cylinder, drum, reaction vessel, storage tank, or other vessel holding a hazardous chemical; does not include pipes or piping systems. unauthorized item in the facility: illegal, prohibited by facility rules, or otherwise posing a threat to the security or orderly operation of the facility. This includes unauthorized funds. CONTRACT DETENTION FACILITY (CDF) A facility that provides detention services under a competitively bid contract awarded by the ICE. CONTROL of?cer who directs security activities from the Control Center. COUNT SLIP - Documentation of the number of detainees con?rmed present during a population count in a speci?c area, signed by the officers involved in the count. postcards and other forms of written material not classi?ed as packages or publications. Large envelopes containing papers qualify as correspondence, but boxes, sacks, and other shipping cartons do not. Books, magazines, newspapers and other incoming printed matter are not ?correspondence.? CRIMINAL foreign national convicted of one or more crimes. DETAINEE policies and procedures governing detainee life in the facility: daily operations, rules of conduct, sanctions for rule violations, recreation and other programs, services, etc.; de?ned in writing and provided to each detainee upon admission to the facility. DETENTION FILE Contents include receipts for funds, valuables, and other personal property; documentation of disciplinary action; reports on detainee behavior; detainee's written requests, complaints, and other communications; of?cial responses to detainee communications; records from Special Management Unit, etc. Page 30 of 48 DIETICIAN - Individual registered or eligible for registration with the American Dietetic Association or who has the documented equivalent in education, training, or experience, with evidence of relevant continuing education. DISCIPLINARY HEARING?Non-judicial administrative procedure to determine whether substantial evidence supports ?nding a detainee guilty of a rule violation. DISCIPLINARY COMMITTEE - One or more impartial staff members who conduct and/or oversee a disciplinary hearing. A lower-level committee (Unit Disciplinary Committee) investigates a formal Incident Report and may impose minor sanctions or refer the matter to a higher-level disciplinary committee. A higher-level committee (Institution Disciplinary Panel) conducts formal hearings on Incident Reports referred from the lower level committee and may impose higher level sanctions for higher level prohibited acts. Also see DISCIPLINARY DISCIPLINARY in a cell removed from the general population after a serious violation of facility rules in accordance with written procedures. DIHS Division of Immigration Health Services. DRY CELL A cell or room without running water where a detainee can be closely observed by staff until the detainee has voided or passed contraband or until suf?cient time has elapsed to preclude the possibility that the detainee is concealing contraband. Dry cells may be used when there is reasonable suspicion that a detainee has ingested contraband or concealed contraband in a body cavity. EMERGENCY CHANGES - Measures immediately necessary to maintain security or to protect the health and safety of staff and detainees. or potentially subjected to a hazardous substance by any means (inhalation, ingestion, skin contact, absorption, etc.). FACE-TO-PHOTO process that veri?es identity of each detainee by comparing every person present with the photographic likeness on his/her housing card. FACILITY ADMINISTRATOR A generic term for the chief executive of?cer of a detention facility. The formal title may vary (warden, of?cer in charge, sheriff, jail administrator, etc.). FIELD OFFICE DIRECTOR (FOD) - Individual with chief responsibility for facilities in his assigned geographic area. FIREARMS CONTROL OFFICER (FCO) - Individual designated responsible for the physical and administrative control of all ?rearms under the jurisdiction of the authorizing of?cial. LAMMABILITY a ?ash point below 200 degrees Fahrenheit, closed cup, or is subject to spontaneous heating. FLAMMABLE substance with a ?ash point below 100 degrees Fahrenheit (37.8 Centigrade). FLASH minimum temperature at which the vapor of a combustible liquid can form an ignitable mixture with air. FOOD SERVICE ADMINISTRATOR of?cial responsible for planning, controlling, directing, and evaluating Food Service Department operations. FORMAL COUNT?Detainee population assembled at speci?c times for attendance check, conducted in accordance with written procedures. restraint system that con?nes an individual to a bed or bunk in either a supine or prone position. Ordered by the facility administrator Page 31 of 48 when a detainee?s unacceptable behavior appears likely to continue risking injury to self or others. FULL-TIME WORK from beginning to end of a shift. checks, money orders, and other negotiable instruments. GENERAL correspondence other than Special Correspondence." GENERAL POPULATION Detainees whose housing and activities are not specially restricted. The term is ordinarily used to differentiate detainees in the ?general population? from those in Special Housing Units. complaint based on a circumstance or incident perceived as unjust. HARD item that poses a serious threat to the life, safety or security of the facility detainees or staff. HEALTH Health Administrator or Agency responsible for the provision of health care services at a facility or system of facilities. The responsible physician may be the Health Authority. Health Authority may also be referred to as the Medical Department. HEALTH CARE PRACTITIONER De?ned as an individual who is licensed, certi?ed, or credentialed by a state, territory, or other appropriate body to provide health care services within the scope and skills of the respective health care profession. HEALTH HAZARD?Includes carcinogens, toxic agents, reproductive toxins, irritants, corrosives, senitizers, hepatotoxins, nephrotoxins, neurotoxins, and other agents that act on the hemopoietic system or damage the lungs, skin, eyes, or mucous membranes. HEALTH SCREENING-A system for preliminary assessment of the physical and mental condition of individual detainees upon arrival at the facility; conducted by health care personnel or by a health trained of?cer. The combination of structured inquiry and observation is designed to prevent new arrivals, who appear to pose a health or safety threat to themselves or others, from moving into the general population. HEALTH SERVICES ADMINISTRATOR (HSA)-Executive responsible for the facility's health care program; may also serve as Clinical Director. HOLD ROOM-A secure area used for temporary con?nement of detainees before in- processing, institutional appointments (court, medical), release, transfer to another facility, or deportation-related transportation. HOLY DAY-A day speci?ed for religious observance. HUNGER STRIKE - A voluntary fast undertaken as a means of protest or manipulation. Whether or not a detainee actually declares that he or she is on a hunger strike, staff are required to refer any detainee who is observed to not have eaten for 72 hours for medical evaluation and monitoring. ILLEGAL item prohibited by law, the possession of which constitutes grounds for felony or misdemeanor charges. INDIGENT - Without funds, or with only nominal funds. Ordinarily, a detainee is considered "indigent" if he or she has less than $15.00 in his or her account. INDOOR RECREATION AREA-A covered and enclosed exercise space 1,000 square feet or larger, encompassing 15 square feet per detainee for the planned capacity (number using the space at one time). INFORMAL COUNT-Population count conducted according to no ?xed schedule, when detainees are working, engaged in other programs, or involved in recreational activities. Unless a detainee is missing, these counts are not reported; also called "census check" or "irregular count." Page 32 of 48 INFORMAL RESOLUTION - Brings closure to a complaint or issue of concern to a detainee, satisfactory to the detainee and staff member involved; does not require ?ling of a written grievance. INFORMED CONSENT - A patient?s knowing choice about a medical treatment or procedure, made after a physician or other healthcare provider discloses whatever information a reasonably prudent provider in the medical community would give to a patient regarding the diagnosis, risks and bene?ts involved in the proposed treatment or procedure, and prognosis. Administrative processing of a detainee arriving at a detention facility (See ?Admissions?). INSTITUTION DISCIPLINARY PANEL (IDP)-Review board responsible for conducting disciplinary hearings and imposing sanctions for cases of detainee misconduct referred for disposition following the hearing. The IDP usually comprises a Hearing O?icer and representatives of different departments in the facility. INTERGOVERNMENTAL SERVICE AGREEMENT cooperative agreement between ICE and any State, territory or political subdivision for the construction, renovation or acquisition of equipment, supplies or materials required to establish acceptable conditions of con?nement and detention services. ICE may enter into an IGSA with any such unit of government guaranteeing to provide bed space for ICE detainees, and to provide the clothing, medical care, food and drink, security and other services speci?ed in the Detention Standards; facilities providing such services are referred to as facilities." INVESTIGATING OFFICER - An individual of supervisory or higher rank who conducts an investigation of alleged misconduct and was not involved in the incident; usually a Supervisory Detention Enforcement Of?cer or shift supervisor. IRREGULAR INFORMAL COUNT. LEGAL ASSISTANT - An individual (other than an interpreter) who, working under the direction and supervision of an attorney or other legal representative, assists with group presentations and in representing individual detainees. Legal assistants may interview detainees, assist detainees in completing forms and deliver papers to detainees without the supervisory attorney being present. LEGAL CORRESPONDENCE See LEGAL FILE- See A-FILE. LEGAL REPRESENTATIVE An attorney or other person representing another in a matter of law, including law students, law graduates not yet admitted to the bar; ?reputable individuals?; accredited representatives; accredited of?cials and attorneys outside the United States (see 8 CFR 292.1, "Representation and Appearances"). LEGAL RIGHTS GROUP PRESENTATION - Informational session held in a detention facility by an attorney or other legal representative to inform detainees about US. immigration law and procedures; not a forum for providing con?dential or case- speci?c legal advice. LIFE-SUSTAINING PROCEDURE (LIFE SUPPORT) A medical intervention or procedure that uses arti?cial means to sustain a vital function. MAIL IN SPECTION-Examination of incoming and outgoing letters, packages, etc., for contraband, including cash, checks and money orders. MASTER number of detainees housed at a facility. MATERIAL SAFETY DATA SHEET information about a hazardous chemical, prepared and issued by the manufacturer, in accordance with Occupational Page 33 of 48 DROIGSA- 1 0-0001 Safety and Health Administration regulations (see 29 CFR 1910.1200; see also OSHA Form 174); among other things, speci?es precautions for normal use, handling, storage, disposal, and spill cleanup. MEDICAL PERSONNEL -Those individuals authorized by a "scope of practice" or "scope of privileges" to perform health care delivery consistent with their licensure, certi?cation or training. MENTAL HEALTH PROVIDER - clinical or counseling physician, licensed clinical social worker or any other mental health professional licensed to practice and provide mental health services at the independent level. MESSENGER-A person (neither a legal representative nor a legal assistant) whose purpose is to deliver or convey documents, forms, etc., to and from the detainee; not afforded the visitation privileges of legal representatives and legal assistants. MIN OR-A juvenile; a person under the age of 18. NATIONAL COMMISSION ON CORRECTIONAL HEALTH CARE~Establishes the standards for health service in correctional facilities on which accreditation is based. NATIONAL FIRE PROTECTION source of ?re protection standards and codes. National Commission on Correctional Healthcare. NON-CONTACT VISIT-Visitation with a barrier preventing physical contact between the detainee and his or her visitors. NON-MEDICAL EMERGENCY ESCORTED TRIP-Authorized detainee visit to a critically ill member of his/her immediate family, or to attend the funeral of a member of his/her immediate family. "Immediate family" member refers to a parent (including stepparent and foster parent), child, spouse, sister, or brother of the detainee. NON-MERIT FACTOR - Any characteristic or factor immaterial to a detainee?s mental or physical ability to perform a given assignment. NON-SECURITY KEY A key which if duplicated by unauthorized persons and/or lost, would not constitute an emergency requiring urgent action; not critical to facility safety and security. OUT COUNTS-Detainees temporarily away from the facility, but included in the master count. OUTDOOR RECREATION AREA-Open-air space for exercise or other leisure activities, large enough to allow 15 square feet per detainee for the largest group expected to use the area at any one time; but not less than 1,500 square feet. PAT-DOWN on the sensitivity of the of?cer?s hands as they tap or run over the detainee's clothed body; may require the detainee to reveal pocket contents. The least intrusive body search. PHYSICAL thorough evaluation of an individual?s physical condition and medical history conducted by or under the supervision of a trained medical professional. PLAN OF ACTION-Describes steps the facility will take to convert a condition that has caused a determination of noncompliance with a standard. POSSESSION - Control over an item on one's person, or in one?s assigned or personal space. POST orders that specify the duties of each position, hour-by-hour, and the procedures the post of?cer will follow in carrying out those duties. Page 34 of 48 DROIGSA- 0-0001 PROGRESSIVE the detainee in the least restrictive manner required, until and unless the detainee's behavior warrants stronger and more secure means of inhibiting movement. PROTECTIVE CUSTODY (PO?Administrative segregation for the detainee?s own safety. REASONABLE intuition, but articulable facts that lead staff to suspect a particular person is concealing a weapon, contraband, or evidence of a crime. RELIGIOUS Observances, services, meetings, ceremonies, etc., associated with a particular faith; access to religious publications, religious symbolic items, religious counseling and religious study classes; and adherence to dietary rules and restrictions. REPRESENTATIVE OF THE NEWS MEDIA?Persons whose principle employment is to gather, document or report news for: I A newspaper that circulates among the general public and publishes news of a general interest such as political, religious, commercial, or social affairs. A key criterion is whether the paper quali?es to publish legal notices in the community in which it is located. I A news magazine with a national circulation sold to the general public by newsstands and mail subscription. I A national or international news service. I A radio or television news program of a station licensed by the Federal Communications Commission. SALLY enclosure situated in the perimeter wall or fence surrounding the facility, containing double gates or doors, of which one cannot open until the other has closed, to prevent a breach in the perimeter security; handles pedestrian and/or vehicular traf?c. creation and maintenance of hygienic conditions; in the context of food, involves handling, preparing, and storing items in a clean environment, eliminating sources of contamination. SATELLITE served and consumed in a location other than where prepared. SECURITY A key which if duplicated by unauthorized persons and/or lost, would jeopardize life, safety, property or security; or would facilitate escape. in an individual cell isolated ?'om the general population; for administrative, disciplinary, or protective reasons. SERVICE PROCESSING CENTER (SPC) - A detention facility the primary operator and controlling party of which is ICE. SEXUAL ACT -- Contact between the penis and the vulva or the penis and the anus, where contact involving the penis occurs upon penetration, however slight; contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus; or the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, arouse or gratify the sexual desire of any person. SHIFT The time period of an employee work shift or watch -- for example, the morning shift, day shift, or evening shift. SHIFT SUPERVISOR -- A generic term for the detention security supervisor in charge of operations during a shift. The position titles may vary according to the type of facility (SPC, CDF, or IGSA) and local facility titles. Ordinarily, a shift supervisor (Detention Page 35 of 48 0-0001 Operations Supervisor, lieutenant, etc.) is, organizationally, directly under the chief of security (Chief Detention Enforcement Agent, captain, etc.). SOFT unauthorized item that does not constitute hard contraband, does not pose a serious threat to human safety or facility security; ?includes that quantity of an item possessed in an amount exceeding the established limit. SPECIAL CORRESPONDENCE - ?Special Correspondence? is the term for detainees? written communications to or from private attorneys and other legal representatives; government attorneys; judges, courts; embassies and consulates; the president and Vice president of the United States, members of Congress, the Department of Justice (including the DOJ Of?ce of the Inspector General), the Department of Homeland Security Of?ce for Civil Rights and Civil Liberties, the Department of Homeland Security (including US. Immigration and Customs Enforcement, the Of?ce of Detention and Removal Operations, and the DHS Office of the Inspector General); the US. Public Health Service (including the Division of Immigration Health Services); administrators of grievance systems; and representatives of the news media. SPECIAL MANAGEMENT UNIT (SMU) - A housing unit for detainees in administrative or disciplinary segregation. SPECIAL-NEED DETAINEE - A detainee whose mental and/or physical condition requires special handling and treatment by staff. Special needs detainees include but are not limited to those who are emotionally disturbed, mentally challenged or mentally ill, physically disabled, in?rm and drug or alcohol addicts/abusers. TERMINALLY - In critical condition, beyond medical intervention, with death imminent or expected during the course of detention or hospitalization according to'the attending physician. TJ - The Joint Commission [formerly the Joint Commission on Accreditation of Healthcare Organizations (J an independent, not-for-pro?t organization that evaluates and accredits more than 15,000 health care organizations and programs in the United States. TJ is the Nation?s predominant standards-setting and accrediting body in health care. TOXIC - Poisonous; capable of causing injury or death. TRAINING - An organized, planned, and evaluated activity designed to achieve speci?c learning objectives and enhance personnel performance. Training may occur on site, at an academy or training center, an institution of higher learning, professional meetings, or through contract service or closely supervised on-the?job training. Training programs usually include requirements for completion, attendance records, and certi?cation of completion. Meetings of professional associations are considered training where there is clear evidence of the direct bearing on job performance. In all cases, the activity must be part of an overall training program. UNENCUMBERED SPACE - Open, usable space measuring at least seven feet in at least one dimension, free of plumbing ?xtures, desk, locker, bed, and other furniture and ?xtures (measured in operational position). UNAUTHORIZED FUNDS Negotiable instruments (checks, money orders, etc.) or cash in a detainee's possession exceeding the facility-established limit. UNAUTHORIZED PROPERTY- Not inherently illegal, but against the facility's written rules. UNIT DISCIPLINARY COMMITTEE - See DISCIPLINARY COMMITTEE. Page 36 of 48 VOLUNTEER GROUP - Individuals who collectively donate time and effort to enhance the activities and programs offered to detainees; selected on basis of personal qualities and skills (recreation, counseling, education, religion, etc.). WORK ASSIGNMENT - Carpentry, plumbing, food service and other operational activities included in the facility's Voluntary Work Program, for which a detainee may volunteer. 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. 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 costs of all emergency medical services provided off-site shall be the responsibility of DIHS and at no time shall the Service Provider incur any ?nancial liability related to such services. 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 twenty-four (24) hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health complaints and deliver complaints in writing to the medical and health care staff. The Service Provider shall furnish onsite health care under this Agreement as de?ned by the facility local health authority on the effective date of this Agreement and as set forth in Attachment I. Changes to the types of onsite health care provided to detainees after the effective date of this agreement, will be amended through the modi?cation process outlined in Article XI. 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. ICE detainees may be transferred between the Theo Lacy Correctional Facility or the James A. Musick Facility for medical or mental health needs. Outpatient clinic visits may also be provided to ICE detainees at the Central Jail Complex; provided however, that the ICE detainee shall be transported back to their assigned housing location at Theo Lacy Correctional Facility or the James A. Musick Facility. Additional limited services may be provided through the however, ICE detainee may not be housed within the IRC for a period exceeding 72 hours. Page 37 of 48 . 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 shall be available to the detainees. Arrival screening shall include, at a minimum, Tuberculosis (TB) screening, planting of the TB skin test (PPD), or chest x?ray, and recoding the history of past and present illnesses (mental and physical, pregnancy status, history of substance abuse). . The Service Provider shall furnish mental health evaluations as determined by the Facility local health authority and provide custody oversight and medication as needed. . A full health assessment to include a history and hands on physical examination shall be completed within the ?rst 14 days of detainee arrival. Detainees with chronic medical and/or mental health conditions shall receive prescribed treatment and follow-up care. The Division of Immigration Health Services (DIHS) acts as the agent and ?nal health authority for ICE on all off-site detainee medical and health related matters. The Service Provider shall release any and all medical information for ICE detainees to the DIHS representatives upon request, except where prohibited by federal or state law or regulation. The Service Provider shall submit a Treatment Authorization Request (TAR) to DIHS for payment before proceeding with non-emergency, off-site medical care g. off site lab testing, eyeglasses, prosthetics, and 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, the DIHS may determine that an alternative medical provider or institution more aptly meets the needs of ICE and the detainee. The Service Provider shall send requests for pre- approval for non-emergency off-site care electronically to the following address Payment for all off-site medical care services shall be made by DIHS directly to the offsite medical providers. The Service Provider shall furnish twenty-four (24) hour emergency medical care and facility emergency evacuation procedures. In an emergency, as determined by the Service Provider, the Service Provider shall obtain the medical treatment required. The Service Provider shall have access to an off site emergency medical provider at all times. The Health Authority of the Service Provider shall notify the organization listed below 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 DIHS Managed Care Coordinator for service(s) beyond the initial emergency situation. Payment for all offsite medical services for the initial emergency need and for medical care required beyond the initial emergency situation shall be made by DIHS directly to the medical provider(s). DIHS Managed Care Coordinators ICE Health Services 1220 Street, NW, Suite 500 Washington, DC, 20005-4018 Phone: (888) 718 W) (WW Fax: (202) 732-0119 Page 38 of 48 0-0001 K. 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 in accordance with HIPAA privacy exception at 45 C.F.R. 164.512 L. The Service Provider shall provide ICE detainee medical records to ICE whether created by the Service Provider or its subcontractor/vendor upon request from the Contracting Of?cer?s Technical Representative or Contracting Of?cer in accordance with HIPAA privacy exception at 45 C.F.R. 164.512 which allows disclosure without consent to a correctional institution or a law enforcement of?cial having lawful custody of an inmate or other individual if the correctional institution or such law enforcement of?cial represents that such protected health information is necessary for: 1. The provision of health care to such individuals; 2. The health and safety of such individual or other inmates; 3. The health and safety of the of?cers or employees of or others at the correctional institution; 4. The health and safety of such individuals and of?cers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another; Law enforcement on the premises of the correctional institution; and 6. The administration and maintenance of the safety, security, and good order of the correctional institution. U1 M. Service Provider shall direct offsite medical providers to submit 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 (800) 479- ?We N. Reserved (intentionally left blank) 0. The cost of medical services as outlined in Attachment I shall be included in the Bed Day Rate. 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. Page 39 of 48 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. B. Employment Eligibility. Each employee working on this Agreement shall 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 its own employees and for any subcontractor(s) and their employees. The Service Provider complies with the requirement to incorporate this provision into any and all Subcontracts or subordinate agreements issued in support of this Agreement by including the following language in all such Subcontracts or subordinate agreements: ?The Contractor warrants that it ?illy complies with all Federal and State statutes and regulations regarding the employment of aliens and others and that all its employees performing work under this Contract meet the citizenship or alien status requirement set forth in Federal statutes and regulations. The Contractor shall obtain, from all employees performing work hereunder, all veri?cation and other documentation of employment eligibility status required by Federal or State statutes and regulations including, but not limited to, the Immigration and Reform and Control Act of 1986, 8 U.S.C. 1324 et seq., as they currently exist, and as they may be hereafter amended. The Contractor shall retain all such documentation for all covered employees for the period prescribed by law. The Contractor shall indemnify, defend with counsel approved in writing by County, and hold harmless, the County, its agents, of?cers, and employees from employer sanctions and any other liability which may be assessed against the Contractor or the County or both in connection with any alleged violation of any Federal or State statutes or regulations pertaining to the eligibility for employment of any persons performing work under this Contract.? The Service Provider shall certify that their employees have successfully completed an employment screening. C. Security Management. The Service Provider shall appoint a senior of?cial to act as the Agreement Secmity Of?cer. The individual will interface with the COTR on all security matters, to include physical, personnel, and protection of all ICE 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 Page 40 of 48 0-0001 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 pr0per action to be taken in order to effect compliance with these employment screening requirements. Article IX. Period of Performance This Agreement shall become effective upon the date of ?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 effective date of formal termination, or the Parties may agree to a shorter period under the procedures prescribed in Article XI. Article X. Inspection A. Jail Agreement Inspection Report: The Jail Agreement Inspection Report stipulates minimum requirements for ?re/safety code compliance, supervision, segregation, sleeping gear, 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, after being afforded reasonable time to comply, 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. C. Share Findings: The Service Provider shall provide ICE c0pies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. D. Access' to Detainee Records: The Service Provider shall, upon request, grant ICE access to any record in its possession, regardless of whether the Service Provider created the record, concerning any detainee held pursuant to this Agreement. This right of access shall include, but is not limited to, incident reports, records relating to suicide attempts, and behavioral assessments and other records relating to the detainee?s behavior while in the Service Provider?s custody; provider, however that access to medical and mental health record information shall be provided in accordance with Articles VI.K and VI.L. 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. Page 41 of 48 0-0001 Article XI. Modi?cations and Disputes A. Modi?cations: Actions other than those designated in this Agreement will not bind or incur liability on behalf of either Party. Either Party may request a modi?cation to this Agreement by submitting a written request to the other Party. Except for Change Orders as outlined in Paragraph below, a modi?cation will become a part of this Agreement only after the ICE Contracting Of?cer and the Service Provider have approved the modi?cation in writing. B. Change Orders: 1. The Contracting Of?cer may under exceptional circumstances or by an Executive Order, by written order, and without notice to the Service Provider, if any, make changes within the general scope of this Agreement in any one or more of the following: Description of services to be performed, including revisions to the detention standards. 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 will make an equitable adjustment in the agreement price and will modify the Agreement accordingly. 3. If the Service Provider cannot perform the services as required in the Change Order, they shall notify the Contracting Of?cer within 24 hours of receipt. Failure to perform in accordance with the terms of the change order may require removal of ICE detainees from the facilities. 4. The Service provider must assert its right to an adjustment under this Article within 30 days from the date of receipt of the written order including a proposal addressing the cost impacts and detailed supporting data. 5. 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 will disallow those costs when determining a revised rate, if any. 6. Failure to agree to any adjustment will 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. Page 42 of 48 DROIGSA- 0-0001 Article XII. Adjusting the Bed Day Rate ICE shall reimburse the Service Provider at the ?xed detainee bed day rate shown in Article I paragraph C. The Parties may adjust the rate twelve (12) months after the effective date of the agreement and every twelve (12) months thereafter unless otherwise mutually agreed to. 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, Cost Principles for State, Local, and Indian Tribal Governments, federal procurement laws, regulations, and standards in arriving at the bed day rate. The request for adjustment shall be submitted on an ICE Jail Services Cost Statement. If ICE does not receive an of?cial request for a bed day rate adjustment that is supported by an ICE Jail Services Cost Statement, the ?xed bed 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 the bed day rate is ?xed, there are no retroactive adj ustment(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 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 responsible 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: 1. By mail: DHS, ICE Burlington Finance Center PO. Box 1620 Williston, VT 05495-1620 Attn: ICE-ERO-FOD-FLS 2. By facsimile (fax): (include a cover sheet with point of contact of pages) 802-288-7658 3, Bv e-mail: @dhsgov Page 43 of 48 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: 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; Name, title, and phone number of person to notify in event of defective invoice; Taxpayer Identi?cation Number (TIN). Total number of bed days; total number of miles. Bed day rate; 9. Number of bed days multiplied by the bed day rate; 10. Name of each detainee; 11. Resident?s/detainee?s A-number; 12. Speci?c dates of detention for each resident/detainee; 13. An itemized listing of all other charges; 14. 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. 15. Prescription Invoice shall contain the following information: a) Name of each detainee b) Resident?s/detainee?s A-number 0) Name of medication(s) (1) Cost per each prescribed dose for each medication Items 1 through 15 above shall be included in the invoice. Invoices without the above information may be returned for resubmission. 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 (3 calendar day after the Burlington Finance Of?ce receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The Prompt Payment Act requires ICE to pay interest on overdue payments to the Service Provider. ICE will determine any interest due in accordance with the Prompt Payment Act provided the Service Provider maintains an active registration in Central Contractor Registration (CCR) and all information is accurate. Page 44 of 48 Article XIV. ICE Furnished Property A. ICE 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 ICE 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 ICE property immediately to ICE. 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. The 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 property 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, or a detainee ?les suit as a result of an administrative error or omission of the Federal Government, ICE shall request that the US. Attorney?s Of?ce, as appropriate, move either to have the Service Provider dismissed from such suit; to have ICE substituted as the proper party defendant; or to have the case removed to a court of proper jurisdiction. Regardless of the decision on any such motion, ICE will request that the US. Attorney's Of?ce be reSponsible for the defense of any suit on these grounds. D. ICE Recovery Right: The Service Provider shall do nothing to prejudice ICE's right to recover against third parties for any loss, destruction of, or damage to US. Government property. Upon request of the Contracting Of?cer, the Service Provider shall, at ICE's expense, furnish to ICE all reasonable assistance and cooperation, including assistance in Page 45 of 48 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 subcontractors, 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. Transportation A. All transportation of ICE detainees shall be conducted in accordance with B. Transnort/Escort/Stationarv Services Rate: The Service Provider agrees, upon request of ICE in whose custody an ICE detainee is held, to provide all such ground services as may be required to transport detainees securely, in a timely manner. to locations as directed by the ICE COTR or designated ICE official. At least (bxme) quali?ed law enforcement or correctional of?cer personnel employed by the Service Provider under their policies, procedures and practices will perform transport services. TranSportation shall be reimbursed at the mileage rate established pursuant to the General Services Administration (GSA) federal travel allowance rate in effect at the time the 7 mileage was incurred. Mileage shall be denoted as a separate item on submitted invoices. C. Medical/Legal Transportation: The Service Provider shall provide transportation and escort guard services for ICE detainees to and from a medical facility for outpatient care and 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 Page 46 of 48 released from the hospital, or at the order of the COTR. The Service Provider agrees to augment, with appropriate reimbursement and with signed modi?cation, such practices as may be requested by ICE to enhance speci?c requirements for security, detainee monitoring, visitation and contraband control. D. 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. E. Vehicles: 1) The Service Provider shall not allow employees to use their personal vehicles to transport detainees. 2) 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. F. 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. G. Miscellaneous Transportation: The COTR may direct the Service Provider to transport detainees to unSpeci?ed, miscellaneous locations. H. Billing Procedures: The itemized invoice for such stationary guard services shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the detainee(s) that was guarded. Article Contracting Of?cer?s Technical Representative (COT R) A. The COTR will be designated by the Contracting Of?cer. When and if the COTR duties are reassigned, an administrative modi?cation will be issued to re?ect the changes. This designation does not include authority to sign contractual documents or to otherwise commit to, or issue changes, which could affect the price, quantity, or performance of this Agreement. B. Should the Service Provider believe it has received direction that is not within the scope of the agreement; the Service Provider shall not proceed with any portion that is not within the scope of the agreement Without ?rst contacting the Contracting Of?cer. The Service Provider shall continue performance of efforts that are deemed within the scope. Page 47 of 48 Article XIX. Labor Standards and Wage Determination A. The Service Contract Act, 41 U.S.C. 351 et seq., Title 29, Part 4 Labor Standards for Federal Service Contracts, is hereby incorporated as Attachment G. 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. B. Wage Determination: Each service employee employed in the performance of this Agreement shall be paid not less than the minimum monetary wages and shall be furnished fringe bene?ts in accordance with the wages and fringe bene?ts determined by the Secretary of Labor or authorized representative, as speci?ed in any wage determination attached to this contract. (See Attachment - Wage Determination) Article XX. Noti?cation and Public Disclosures Information obtained or developed as a result of this IGSA is under the control of ICE and shall be subject to public disclosure only pursuant to the provisions of applicable federal laws, regulations, and executive orders or as ordered by a court. Insofar as any documents created by the Service Provider contain information developed or obtained as a result of this IGSA, such documents shall be subject to public disclosure only pursuant to the provisions of applicable federal laws, regulations, and executive orders or as ordered by a court. To the extent the Service Provider intends to release the IGSA or any information relating to, or exchanged under, this IGSA, the Service Provider agrees to coordinate with the ICE Contracting Of?cer prior to such release. The Service Provider may, at its discretion, communicate the substance of this IGSA when requested. ICE understands that this IGSA will become a public document when presented to the Board of Supervisors for the County of Orange for contractual approval. Article XXI. Incident Reporting The Service Provider shall notify the cognizant ICE of?ce in accordance with the applicable ICE Performance Based National Detention Standard. END OF DOCUMENT Page 48 of 48 II. DEPARTMENT OF HOMELAND SECURITY (DHS) IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) STATEMENT OF WORK Armed Transportation Services Transportation service shall include the following: . The Service Provider shall furnish suitable vehicles in good condition, approved by the ICE, to safely provide the required transportation services. The Service Provider shall comply with all federal and state laws with regard to inspections, licensing, and registration for all vehicles used for transportation. . The Service Provider shall furnish vehicles equipped with interior security features (such as, but not limited to door lock controls, window locks, a wire cage with acrylic panel between the driver seat and the rear passenger seats) and be in accordance with ICE Performance Based National Detention Standards including physical separation of detainees from guards. . All transportation shall be accomplished in the most economical manner. . All transportation Of?cers shall be armed in the performance of these duties. . The Service Provider shall establish a fully operational communication system that has direct and immediate contact with all transportation vehicles and post assignments. Upon demand, the Contracting Of?cer?s Technical Representative (COTR) shall be provided with current status of all vehicles and post assignment employees. . Failure on the Service Provider?s part to comply fully with the detainee(s) departure as pre-scheduled shall result in the Service Provider having deductions made for non- performance. (see Attachment - Performance Requirements Summary) ICE Physical Plant (Infrastructure) Requirements . ICE Of?ce Space The Service Provider agrees to provide of?ce space for Enforcement and Removal Of?ce (BRO) staff at the Theo Lacy facility within existing structures. Office space at the James A. Musick Facility will be provided for ERO staff within new modular structures which will be installed for the Of?ce of the Principal Legal Advisor (OPLA) and Executive Of?ce for Immigration Review (EOIR) space. The Service Provider shall refer to ICE Design Standards (see Attachment B) for speci?c of?ce and workstation sizes and speci?c furnishing requirements for a 472 and 366 bed facility reSpectively. The Standards include but are not limited to the following: IGSA-Attachment A Page 1 of 9 DROIGSA-10-0001 7 l. Atotal of( workstations as outlined below (respectively) ERO Orange County Space Requirements Theo Lacy Musiek 472 Beds 366 Beds Table of Space Requirements Assistant Field Of?ce Director Supervisory Detention and Deportation Of?cers Deportation Of?cers Supervisory Immigration Enforcement Agents Immigration Enforcement Agents Detention and Removal Assistants Mission Support Specialist Management and Program Analyst COTR Of?ce Assistant Supervisory Detention Deportation Assistant Receptionist/ Admin Assistant Staf?ng Assistant Mail File Clerk Processing Stations JPADS Totals 9? File rooms (see Standards for size and quantity) b. Conference rooms adjacent to or within ICE area (see Standards for size and quantity) c. Employee break rooms (see Standards for size and quantity) d. IT computer support rooms must be provided through out ICE space per the speci?cations. Including specialized requirements for climate control of IT equipment rooms for PHS, EOIR and ICE of?ce area. e. Actual location, layout, con?guration, and size of rooms will be determined during the ?nal design phase. IGSA-Attachment A Page 2 of 9 . OPLA Space to be located in new modular facilities at the James A. Musick Facility: . The Standards include but are not limited to the following: 1. (1) Deputy Chief Counsel 2. (7) Assistant Chief Counsel (ACC (2. 3/C0urtroom) 3. (3) Legal Technicians (I per 3 AC Cs) 4. (1) Mail/File Clerk . EOIR Space to be located in new modular facilities at the James A. Musick Facility: The Standards include but are not limited to the following: 1. (3) Court Rooms 2. (3) Judges 3. (10) Administrative Staff 4. (1) Mail/File Clerk . Health Services Space: Health Services to be provided by Orange County Health Care Agency personnel as set forth in Attachment 1; Healthcare Services Design Standards shall be in accordance with American Correctional Association requirements when provided by the Service Provider. . ICE Processing Area to be located in new modular facilities at the James A. Musick Facility: 1. Processing area shall be designed to process male detainees as required in high frequency rates and varying numbers, up to 50 detainees at one time. 2. Processing area shall be in compliance with the ICE Hold Room Standard and ICE Performance Based National Detention Standards. . Furniture All furniture and case goods (modular cubical, shelving, drawers, etc.) shall be furnished by the Service Provider in accordance with ICE Design Guide and speci?cations as required in accordance with the ICE Design Standards. . ICE IT Equipment - ICE shall provide and install IT equipment in of?ce spaces for ICE personnel only, to include computer workstations and screens, printers and fax machines. All infrastructure and cabling shall be provided by the Service Provider in accordance with the Structured Cable Plant Standard (see Attachment C). NOTE: ICE IT system must be a complete, independent and physically separate system from the Service Provider?s IT system. The system shall serve all operational components: ICE, OPLA, and DIHS. IGSA-Attachment A Page 3 of 9 DROIGSA-10-0001 Detainee Work Program A. Detainee labor shall be used in accordance with the detainee work plan developed by the Service Provider, and will be in accordance with the ICE Performance Based National Detention Standards on Detainee Voluntary Work Program. The detainee work plan must be voluntary, and may include work or program assignments for industrial, maintenance, custodial, service, or other jobs. The detainee work program shall not con?ict with any other requirements of the Agreement and must comply with all applicable laws and regulations. B. Detainees shall not be used to perform the responsibilities or duties of an employee of the Service Provider. Detainees shall not be used to perform work in areas where sensitive documents are maintained (designated ICE workspace). Custodial/janitorial services to be performed in designated ICE work space shall be the responsibility of the Service Provider. C. Appropriate safety/protective clothing and equipment shall be provided to detainee workers as appropriate. Detainees shall not be assigned work that is considered hazardous or dangerous. This includes, but is not limited to, areas or assignments requiring great heights, extreme temperatures, use of toxic substances, and unusual physical demands. D. The Service Provider shall supply suf?cient staff to monitor and control detainee work details. Unless approved by the COTR, these work details must be within the security perimeter. E. It will be the sole responsibility of ICE to determine whether a detainee will be allowed to perform on voluntary work details and at What classi?cation level. All detainees shall be searched when they are returned from work details. IV. Training Employees shall not perform duties under this Agreement until they have successfully completed all initial training and the COTR receives written certi?cation from the Service Provider. A. General Training Requirements 1. All employees must have the training described in the ACA Standards and in this section. Any remuneration (pay) due Service Provider employees in accordance with Department of Labor regulations for any training time is the responsibility of the Service Provider. The Service Provider shall provide the required refresher courses or have an institution acceptable to the COTR to provide the training. Failure of any employee to complete training successfully is suf?cient reason to disqualify him or her from duty. IGSA-Attachment A Page 4 of 9 DROIGSA-10-0001 2. All new Of?cers and Custody staff will receive 54 hours of basic training, not to include ?rearms, if applicable, and 40 hours of on-the-j ob training prior to entering on duty. The Service Provider?s Training Of?cer will be responsible for administering an on-the-j ob training program for new employees. A senior Of?cer, at all times during this latter 40-hour period, must accompany the Of?cers and Custody staff. The Service Provider?s Training Officer shall send a copy of the documentation to the COTR upon successful completion of the employee?s on-the-job training. In addition, after completion of the ?rst 94 hours of training, the Service Provider has 60 days to complete an additional 40 hours of training. During the remainder of the ?rst year on duty, the Of?cer and Custody staff will have an additional 40 hours of training for a total of 174 hours within the ?rst year of employment. The training program must directly relate to the employee?s assigned position and afford application of necessary job skills. Training site shall be provided by the Service Provider at no cost to the Government. B. Basic Training Subjects 1. Employees shall complete the following list of basic training subjects with content applicable to their assigned position. The course title is followed by the estimated hours of training for that subject. a. In?service Orientation/Social Diversity 2 HRS b. Counseling Techniques/Suicide Prevention 2 HRS c. Conduct/Duties/Ethics and Courtroom Demeanor 2 HRS d. Bomb Defense and Threats 1 HR e. Telephone Communications/Radio Procedures 1 HR f. Fire and other Emergency Procedures 2 HRS g. Treatment and Supervision of Detainees 2 HRS h. ICE Use of Force Policy 2 HRS i. Security Methods/Key Control/Count 1 HR j. Procedures/Observational Techniques 4 HRS k. EEO/Sexual Harassment 2 HRS l. Detainee Escort Techniques 1 HR m. ICE Paperwork/Report Writing 2 HRS n. Detainee Searches/Detainee Personal Property 4 HRS o. Property/Contraband 2 HRS p. Detainee Rules and Regulations 2 HRS q. First Aid* 4 HRS IGSA-Attachment A Page 5 of 9 DROIGSA-10-0001 r. Cardiopulmonary Resuscitation 4 HRS s. Blood-home Pathogens* 2 HRS t. Self Defense 8 HRS u. Use of Restraints 6 HRS v. Firearm Training w. Sexual Abuse/Assault Prevention Intervention* 2 HRS x. ICE Performance Based National Detention Standards 2 HRS Critical Training Subjects Firearm Training for Required Armed Detention Services in accordance with State licensing requirements. Service Provider shall certify proficiency every quarter. C. Refresher Training 1. Every year the Service Provider shall conduct 40 hours of Refresher Training for all Of?cers and Custody staff including Supervisory Of?cers. Refresher training shall consist of these critical subjects listed above and a review of basic training subjects and others as approved by ICE. 2. The Service Provider shall coordinate recerti?cation in CPR and First Aid with the ICE training staff. This training shall be provided at no cost to the Government. Annually, upon completion, the Service Provider shall provide documentation of refresher training to the COTR. 3. In addition to the refresher training requirements for all Of?cers and Custody staff, supervisors must receive refresher training relating to supervisory duties. D. On-the-Job Training - After completion of the minimum of 54 hours basic training, all Of?cers and Custody staff shall receive an additional 40 hours of on-the-job training at speci?c post positions. This training includes: 1. Authority of supervisors and organizational code of conduct. 2. General information and special orders. 3. Security systems operational procedures. 4. Facility self-protection plan or emergency operational procedures. 5. Disturbance Control Team training. E. Training During Initial 60 Day Period - The Service Provider shall provide an additional 40 hours of training for Of?cers and Custody staff within 60 days a?er completion of IGSA?Attachment A Page 6 of 9 ICE.2012FOIA3030001071 ?rst 94 hours of training. The Service Provider shall provide the training format and subjects, for approval by the COTR and CO, prior to the commencement of training. F. Basic First Aid and CPR Training All members of the Service Provider?s security staff shall be trained in basic ?rst aid and CPR. They must have the ability to demonstrate: Respond to emergency situations within four minutes. Perform cardiopulmonary resuscitation (CPR). Recognize warning signs of impending medical emergencies. Know how to obtain medical assistance. Recognize signs and of mental illness. Administer medication. Know the universal precautions for protection against blood-bome diseases. G. Supervisory Training 1. All new Supervisory Of?cers assigned to perform work under this Agreement shall successfully complete a minimum of 40 hours of formal supervisory training provided by the Service Provider prior to assuming duties. This training is in addition to mandatory training requirements for Of?cers. Supervisory training shall include the following management areas: a. Techniques for issuing written and verbal orders 2 HRS b. Uniform clothing and grooming standards 1 HR c. Security Post Inspection procedures 2 HRS d. Employee motivation 1 HR e. Scheduling and overtime controls 2 HRS f. Managerial public relations 4 HRS g. Supervision of detainees 4 h. Other County policies 4 HRS Additional classes are at the discretion of the Service Provider with the approval of the COTR. The Service Provider shall submit documentation to the COTR, to con?rm that each supervisor has received basic training as speci?ed in the basic training curriculum. [GSA-Attachment A Page 7 of 9 DROIGSA-10-0001 H. Pro?ciency Testing - The Service Provider shall give each Of?cer and Custody staff a written examination consisting of at least 25 questions after each classroom-training course is completed. The Service Provider may give practical exercises when appropriate. The COTR shall approve the questions before the Service Provider can administer the examination. To pass any examination, each of?cer and custody staff must achieve a score of 80% or better. The Service Provider shall provide the COTR with the eligible Of?cer or Custody staff?s completed exam before the Of?cer or Custody staff may be assigned to duties under the Agreement. Should an employee fail the written test on the initial attempt, he or she shall be given additional training by the Service Provider and be given one additional opportunity to retake the test. If the employee fails to complete and pass the test the second time, the Service Provider shall remove the employee from duties on this Agreement. 1. Certi?ed Instructors - Certi?ed instructors shall conduct all instruction and testing. A state or nationally recognized institution shall certify instructors unless otherwise approved in writing by the COTR. Certi?cations of instructors may be established by documentation of past experience in teaching positions or by successful completion of a course of training for qualifying personnel as instructors. The COTR must approve the instructor prior to the training course. J. Training Documentation 1. The Service Provider shall submit a training forecast and lesson plans to the COTR or ICE designee, on a basis, for the following 60-day period. The training forecast shall provide date, time, and location of scheduled training and afford the COTR observation/evaluation opportunity. 2. The Service Provider shall certify and submit the training hours, type of training, date and location of training, and name of the instructor for each employee to the COTR or ICE designee. V. Establish and Maintain Program for Prevention of Sexual Abuse/Assault The Service Provider shall develop and implement a comprehensive sexual abuse/assault prevention and intervention program. This program shall include training that is given separately to both staff and detainees. VI. Business Permits and Licenses The Service Provider must obtain all required permits and licenses by the date of Agreement award. Throughout the term of this Agreement, the Service Provider shall maintain current permits/business licenses and make copies available for Government Inspection. The Service Provider shall comply with all applicable federal, state, and local laws and all applicable Occupational Safety and Health Administration (OSHA) standards. [GSA-Attachment A Page 8 of 9 ICE.2012FOIA3030001073 VII. Firearms Body Armor: The Service Provider shall comply with their Firearms and Body Armor Policy and comply with all applicable federal, state, and local laws. Federal Government Quality Assurance A. The Govemment?s Quality Assurance Program (QASP) is based on the premise that the Service 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 Service Provider is not a perfect manager and that unforeseen and uncontrollable problems do occur. Good management and use of an adequate Quality Control Plan will allow the facility to operate within acceptable quality levels. B. Each phase of the services rendered under this Agreement is subject to inspection both during the Service Provider?s operations and after completion of the tasks. C. When the Service Provider is advised of any unsatisfactory condition(s), the Service Provider shall submit a written report to the Contracting Of?cer addressing corrective/preventive actions taken. The QASP is not a substitute for quality control by the Service Provider. D. The COTR may check the Service Provider?s performance and document any noncompliance, however, only the Contracting Officer may take formal action against for unsatisfactory performance. E. 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) to determine the quality of services and the total payment due. F. FAILURE TO PERFORM REQUIRED SERVICES. The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in this Agreement. Any reductions in the invoice shall re?ect the Agreement? 3 reduced value resulting from the failure to perform required services. (See Attachment - Performance Requirements Summary) END OF DOCUMENT IGSA-Attachment A Page 9 of 9 MEDICAL SERVICES PROVIDED BY FACILITY I. INTRODUCTION FACILITY LOCATION: The Service Provider shall provide detention services for detainees at the following institutions: Theo Lacy Facility James A. Musick Facility 501 The City Drive South 13502 Musick Road Orange, CA 92868 Irvine, CA 92618 The Service Provider shall provide detention services for not more than 72 hours at the following institution: Intake Release Center (IRC) 550 N. Flower Street Santa Ana, CA 92703 11. SERVICES PROVIDED AT THE INTAKE RELEASE CENTER A. Triage Medical and Mental Health Screening. Information from the Triage process will be one of the factors used in determining the housing location of the ICE detainee (either at Theo Lacy or James A. Musick). Initiate medical and/or mental health chart as needed Assessment of medical and/or mental health condition. Prescribe medications and other treatments as needed Up to 72-hour hold for the following (depending on bed availability): 1. ICE detainees found during the Triage process to have medical or mental health conditions that may reasonably be stabilized within 72 hours. 2. ICE detainees with mental health conditions requiring specialized housing pending transfer by ICE to another Service Provider 3. ICE detainees during the course of their detention experience acute onset or worsening of medical or mental health conditions that cannot be accommodated by the Service Provider and are pending transfer by ICE to another Service Provider. Services Provided at Theo Lacy This is a male only facility. Summarized below are examples of the types of conditions/diseases/ailments that can be treated/accommodated based upon the local inmate- patient population. The ?nal determination for medical conditions which will be accepted will be at the discretion of the CMS Medical Director or his designee. Any chronic medical condition/disease state that can be reasonably managed in an outpatient ambulatory care setting, including but not limited to: A. Asthma B. Hypertension Attachment I - Medical Services Provided by Facility Page 1 of 3 ICE.2012FOIA3030001075 DROIGSA- 0-0001 C. Type I and II Diabetes Mellitus D. if medication is approved by ICE and cost of the medication is reimbursed to the Service Provider in accordance with Article ID of this Agreement. E. Communicable diseases (CDs)[Caveat: Accommodation of detainees with CDs that require contact isolation only as a control measure will be dependent upon the availability of single-celled housing at that facility] Patients/Detainees that require temporary use of walkers, crutches, casts, and wheelchairs Detoxi?cation for acute mild alcohol and opiate withdrawals (Not long-term detoxi?cation treatment) In-dwelling urinary catheters Hunger Strikes (due to time commitment and required documentation, only 2 Hunger Strike detainees will be accepted at a time without staf?ng revision) Ambulatory Post Surgical Care Minor wound care CPAP Treatment (this will be dependent on the availability of electrical outlets in the module) M. Physical disability requiring minimal assistance with activities of daily living (ADLs) N. Coumadin therapy if medication is approved by ICE and cost of the medication is reimbursed to the Service Provider in accordance with Article ID of this Agreement. rm 571-? IV. Services Provided at James A. Musick This facility accommodates both male and female ICE detainees. ICE detainees housed at the James A. Musick facility must be ambulatory and have relatively low medical or mental health needs. The ?nal determination for medical conditions which will be accepted will be at the discretion of the CMS Medical director or his designee. V. Medical Refusals for ICE Detainees Summarized below are examples of the types of conditions/diseases/ ailments which cannot be accommodated for ICE detainees at the Theo Lacy and James A. Musick facilities. The ?nal determination for refusals will be at the discretion of the CMS Medical Director or his designee. The following are examples of general conditions which may warrant a decision of medical refusal by the Service Provider: If the below issues are resolved, the ICE detainee can be re- evaluated for medical acceptance or re-entry: Conditions requiring acute hospitalization and/or ?around the clock? monitoring End stage medical disease states that have resulted in signi?cant physical disability and/or incapacitation of the ICE detainee. Infectious disease conditions during the communicable phase of disease that require airborne infection isolation, i.e. tuberculosis, acute varicella (chickenpox), etc. Demonstrable suicidal, homicidal, self-mutilating or gravely behavior and/or ideations Mental health conditions/disease states that require specialized housing. VI. Hospital/Out-Patient Provider/Emergech Transport Services Attachment I - Medical Services Provided by Facility Page 2 of 3 ICE.2012FOIA3030001076 DROIGSA- 0-0001 . ICE detainees who are not accepted into the custody of the Service Provider during the course of the triage process because of a need for immediate hospitalization shall be taken by ICE to its contracted hospital. Service Provider shall not be responsible for completing a Treatment Authorization Request (TAR) in instances in which the ICE detainee was not accepted into the custody of the Service Provider. . If ICE detainees are determined during the course of their detention to require hospitalization, medical transportation shall be coordinated by the Service Provider to a hospital willing to accept ICE reimbursement and payment conditions. The Service Provider shall comply with all Department of Immigration Health Services (DIHS) Treatment Authorization Request (TAR) procedures. . ICE detainees requiring off-site medical services shall be transported by the Service Provider to receive the required medical care. The Service Provider shall comply with all DIHS TAR procedures. . The cost of all medical services provided off-site shall be the responsibility of ICE. Attachment I - Medical Services Provided by Facility Page 3 of 3 ICE.2012FOIA3030001077 Performance Requirements Summary DROIGSA- . FUNCTIONAL AREAI PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Accommodations for Performance - Annual review of facility Performance fully A rating of De?cient on any the Disabled, 4- measures are using Detention complies with all three of the standards will ALDF-SB-04. 4- re?ected in the Management Control elements of standard result in a 10% withholding monitoring Program (DCMP) at a level no less than in the invoiced per-diam instrument that procedures and based upon acceptable (see day rate until - - - Contractor Quality accompanies each the performance standard Section 7 of the compliance with the AdmlnIStratlon and Control] Assurance standard or in the - Periodic reviews in QASP) standard is established. 0 Program (Cantract) supplemental accordance with the management 0 4-ALDF-7D-02 performance contract performance A rating of At-Risk on any of Admission and monitoring tool monitoring tool (see the standards will result in a (Addresses facility poncy . . issued by the COTR attached) 10% withholding r-diem development, lntemal Inspection and (ice Standardaction plan results. day rate until compliance getame r_ecord?? - Ad-hoc reviews as needed with the standard is and orientatlon, - Review of service provider's established. personal property and monies, Rme'josr'gS/f) qualitty gontrol prrtogram - 1 release and accommodations for the Detention Files (ICE . 83;; "9 rel? 5 d'sab'ed) Standard) ocliblpartners/drolops manual/DententFiles. Pdf) Detainee Handbook (ICE Standard) oclib/partners/dro/ops lntemal Inspections and/or Reviews/ Detention Management Control Program (ICE Standard) Funds Personal Property (ICE Standard) oclib/partners/dro/ops manual/fundprop.pdf IGSA Attachment Page 1 of 9 4001 Performance Requirements Summary FUNCTIONAL PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Policy Development and Monitoring 4- ALDF-7D-06 Communicable Performance - Annual review of facility Performance fully A rating of De?cient on any Disease 4-ALDF-4C- measures are using Detention complies with all two of the standards will re?ected in the Management Control elements of standard result in a 15% withholding Detainee Hunger monitoring Program (DCMP) at a level no less than in the invoiced per diem Strikes (ICE instrument that procedures and based upon acceptable (see day rate until Health care Standslid) accompanies each the performance standard Section 7 of the compliance with the (Addresses overall access to routine, chronic health care, mental health, emergency health and dental services provided by the institution ocliblpartners/dro/ops manual/hunger.pdf) Experimental Research 4D-18 Medical, Dental. and Mental Health Appraisals/Medical Care Standard) ocliblpartners/dro/ops manual/medical.pdf) Suicide Prevention (ICE Standard) ocliblpartners/dro/ops manuallsuciprevpdf) Terminal Illness. Advanced Directives and Death (ICE Standard) ocliblpartners/dro/ops manual/terminal.de standard or in the supplemental performance monitoring tool issued by the COTR - Periodic reviews in accordance with the attached performance monitoring tool - review of corrective action plan results. - Ad-hoc reviews as needed - CDRs QASP) standard is established. A rating of At-Risk on any of the standards will result in a 15% withholding in the invoiced per-diem day rate until compliance with the standard is established. - Attachment Page 2 of 9 Performance Requirements Summary DROIGSA- . FUNCTIONAL AREAI PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Detainee Searches 4- Performance - review of corrective Performance fully Security and Control (Addresses post orders, permanent logs, security features, security inspections. control of contraband, detainee searches, detainee accountability, use of force, non-routine use of restraints, tool and equipment control, detainee discipline, supervision for special housing, contingency and emergency plans) ALDF-ZC-01-06 Detainee Accountability Supervision I Population Counts (ICE Standard) oclib/partners/dro/ops manual/populade Use of Force (ICE Standard) oclib/partners/dro/ops manual/useofforpdf) Detainee Transfers (ICE Standard) oclib/partners/dro/ops nal.pdf) Tool and Equipment Control (ICE Standard) ice.gov/d oclib/partners/dro/ops manual/toolcnt.pdf) Weapon Control 4- ALDF-23-04, 4- 4- ALDF-7B-14 Detainee Discipline (ICE Standard) (http://wwicegovld oclib/partners/dro/ops manual/discip.pdf) Special Management Unit- Administrative Segregation (ICE Standard) oclib/partners/dro/ops measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR - Annual review of facility using Detention Management Control Program (DCMP) procedures and based upon the performance standard - Periodic reviews in accordance with the contract performance monitoring tool (see attached) action plan results. - Ad-hoc reviews as needed - CDRs - Review of service provider's quality control program monitoring reports and output data complies with all elements of standard at a level no less than acceptable (see Section 7 of the QASP) A rating of De?cient on any three of the standards will result in a 25% withholding in the invoiced per- diem day rate until compliance with the standard is established. A rating of De?cient on any two of the standards will result in a 15% withholding in the invoiced per-diam day rate until compliance with the standard is established. A rating of At-Risk on any of the standards will result in a 25% withholding in the invoiced per-diem day rate until compliance with the standard is established. IGSA - Attachment Page 3 of9 ICE. 12FOIA3030001080 Performance Requirements Summary DROIGSA- . J001 FUNCTIONAL AREAI WEIGHT PERFORMANCE STANDARD PERFORMANCE MEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHHOLDING CRITERIA Special Management Unit-Disciplinary Segregation (ICE Standard) oclib/partners/drolops manual/smu dis.pdf) Contingency/Emerge ncy Plan (ICE Standard) oclib/partners/dro/ops manual/emeege.pdf) Hold Rooms in Detention Facilities (ICE Standard) oclib/partners/dro/ops Control of Contraband (ICE Standard) oclib/partners/dro/ops manuaUcontra.pdf) Post Orders (ICE ice.govldocliblpartner s/dro/opsmanual/post ord.pdf) Permanent Logs 4- ALDF-2A-1 1 Security Features (ICE Standard) manuallkeylock.pdf) Security Inspections and/or Reviews (ICE Standard) ocliblpartners/dro/ops manual/secuinsp.pdf) Sexual Assault 4- ALDF-40-22-8 IGSA - Attachment Page 4 of 9 Performance Requirements Summary DROIGSA-. FUNCTIONAL WEIGHT PERFORMANCE STANDARD PERFORMANCE MEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHHOLDING CRITERIA Transportation (Land Transportation) (ICE Standard) ice.govld oclib/partners/dro/ops manual/transp.pdf) Weapons Control 4- ALDF-ZB-O4. 4- ALDF-ZB-OB, 4- ALDF-7B-14 Food Service (Addresses basic sanitation and adequacy of varied meals and special diets provided to detainees) Environmental Health Safety (ICE Standard) oclib/partners/dro/ops manual/envirom.pdf) Food Service Standards Standard) manual/FoodService. Pdf) Performance measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR - Annual review of facility using Detention Management Control Program (DCMP) procedures and based upon the performance standard Periodic review in accordance with the attached performance monitoring tool - review of corrective action plan results. - Ad-hoc reviews as needed - CDRs Performance fully complies with all elements of standard at a level no less than acceptable (see Section 7 of the QASP) A rating of De?cient on any of the standards will result in a 10% withholding in the invoiced per-diem day rate until compliance with the standard is established. A rating of At-Risk on any of the standards will result in a 10% withholding in the invoiced per-diem day rate until compliance with the standard is established. IGSA - Attachment Page 5 of 9 ICE.2 12FOIA3030001082 Performance Requirements Summary J001 FUNCTIONAL PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Detainee Grievances Performance - Annual review of facility Performance A rating 0f De?Cient 0? any Staff and Detainee Communication (ICE Standard) manual/griev.pdf) measures are re?ected in the monitoring instrument that accompanies each standard or in the using Detention Management Control Program (DCMP) procedures and based upon the performance standard complies with all elements of standard at a level no less than acceptable (see Section 7 of the QASP) two of the standards will result in a 2.5% withholding in the invoiced per- diem day rate until compliance with the standard is established. Diversity Training 4- supplemental . periodic reviews in 4- performance accordance with the A rating of At-Risk on any of (Addresses methods of monitoring tool attached performance the standards in a communicating with detainees, Issued by the monitoring tool 2.5% Withholding in the detention/correctional staff training in St ff . COTR - review of mommy '"V9lced pef'd'em - - - - a We? corrective action ran day rate until compliance dwersuty, and the detainee grievance Communmuon (.05 .th . process) Standard) resu'is- brehs 3" ar '5 Ad-hoc reviews as es 3 '5 oclib/partners/dro/ops needed manual/StaffDetaine . CDRS e.Communication.pdf) EnViwnmenta' Hea'th Performance - Annual review of facility Performance fully A rating of Deficient on any measures are using Detention complies with all two of the standards will . re?ected in the Management Control elements of standard result in a 10% withholding s_afe_ty and monitoring . Program (DCMP) at a level no less than in the invoiced per- Sanitation instrument that procedures and based acceptable (see diem day rate until (Addresses the adequacy of ?re safety programs, the control of dangerous materials. the general facility environment (including air quality. noise levels. and sanitation and hygiene programs), the adequacy of clothing and bedding, and from infectious diseases) manual/fenvirom.pdf) Clothing and Bedding (ICE Standard) oclib/partners/dro/ops manual/cloth.pdf) accompanies each standard or in the supplemental performance monitoring tool issued by the COTR upon the performance standard - Periodic reviews in accordance with the attached performance monitoring tool - review of corrective action plan results. Section 7 of the QASP) compliance with the standard is established. A rating of At?Risk on any of the standards will result in a 10% withholding in the invoiced per-diem day rate until compliance with the standard is Ad-hoc reviews as established. needed - CDRs IGSA - Attachment Page 6 of 9 Performance Requirements Summary FUNCTIONAL PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Access to Legal Material (ICE Performance - Annual review of facility Performance fully A rating of De?cient on any Standard) measures are using Detention Management complies with all three of the standards will result Services and Programs (Addresses detainee security classi?cation. religious practices, work assignments. availability of exercise programs, access to legal materials. access to legal representation, access to a telephone, the handling of detainee mail and other correspondence. and visitation privileges) manual/legal.de Classification, Review, and Housing (ICE Standard) oclib/partners/dro/ops manuallclassifpdf) Detainee Mail Correspondence (ICE Standard) ice.gov/d ocliblpartners/drolops manual/corresp.pdf) Group Legal Representation (ICE Standard) oclib/partners/dro/ops manual/grplegal.pdf) Marriage Requests (ICE Standard) oclib/partners/dro/ops manuallmarreq.pdf) Non-Medical Emergency Escorted Trips (ICE Standard) ocliblpartners/dro/cps manual/escort.de Recreation (ICE Standard) ocliblpartners/dro/ops manual/recreatde re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR Control Program (DCMP) procedures and based upon the performance standard - Periodic reviews in accordance with the contract performance monitoring tool (see attached) - review of corrective action plan results. Ad-hoc reviews as needed - Review of service provider's quality control program monitoring reports 0 CDRs elements of standard at a level no less than acceptable (see Section 7 of the QASP) in a 10% withholding in the invoiced per-diam day rate until compliance with the standard is established. A rating of At-Risk on any of the standards will result in a 10% withholding in the invoiced per-diam day rate until compliance with the standard is established. IGSA - Attachment teem 12FOIA3030001084 Performance Requirements Summary d001 FUNCTIONAL WEIGHT PERFORMANCE STANDARD PERFORMANCE MEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHHOLDING CRITERIA Religious Practices (ICE Standard) oclib/partners/dro/ops manual/cloth.pdf) Telephone Access (ICE Standard) ocliblpartners/dro/ops manual/teleacc.pdf) Voluntary Work Program (ICE Standard) oclib/partners/dro/ops manual/work.de Visitation Privileges (ICE Standard) oclib/partners/drolops manual/visit.pdf) Workforce Integrity (1 (Addresses the adequacy of the detention/correctional of?cer hiring process. staff training and licensing! certi?cation and adequacy of systems to report and address staff misconduct) Staff Background and Reference Checks (Contract) 4-ALDF- 7B-03 Staff Misconduct 4- ALDF-7B-01 Staf?ng Pattern Compliance within 10% of required (Contract) 4-ALDF- 2A-14 Staff Training, Licensing. and Performance measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR - Annual review of facility using Detention Management Control Program (DCMP) procedures and based upon the performance standard - Periodic reviews in accordance with the attached contract performance monitoring tool - review of corrective Performance fully complies with all elements of standard at a level no less than acceptable (See section 7 of the QASP) A rating of De?cient on any three of the standards will result in a 15% withholding in the invoiced per- diem day rate until compliance with the standard is established. A rating of At-Risk on any of the standards will result in a 15% withholding in the invoiced per-diem day rate until compliance with the standard is CfEdentia'ing action plan results. established. Ad-hoc reviews as 05, 4-ALDF-7B-08 P233: IGSA - Attachment Page 8 of 9 Performance Requirements Summary DROIGSA- . - FUNCTIONAL PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Discrimination Performance - Annual review of facility Performance fully A ratin of De?cient on the Prevention 4-ALDF- 68- measures are using Detention Management complies with all gd I - 02-03 re?ected in the Control Program (DCMP) elements of standard at Egg/0 Detalnee monitoring instrument procedures and based upon a level no less than . . d. . . . . that accompanies the performance standard acceptable (see Section mo" pe_r' 'em on each standard or in 0 Periodic reviews in 7 of the QASP) dsy rate Um" comPI'ance (2 50/ the supplemental accordance with the attached WIth the standard Is 0 performance performance monitoring tool established. (Addresses the adequacy 0f monitoring tool issued (see attached) policies and procedures to prevent by the COTR - review of corrective A rating of At.Risk on any of discrimination against detainees based on their gender. race, religion, national origin, or disability) action plan results. Ad-hoc reviews as needed -CDRs the standards will result in a 2.5% withholding in the invoiced per-diem day rate until compliance with the standard is established. IGSA - Attachment Page 9 of 9 ICE.2012FOIA3030001086 0?0001 Transportation Routes Mileage (round Estimated Route Destination Address F?gp?gf: trip per Number of Map Detainees Quest) 1 Immigration Courts (from Theo Lacy) 606 South Olive Street, Los Angeles, CA 90012 Daily 62.4 40 OR 2 Immigration Courts (from Musick) 606 South Olive Street, Los Angeles, CA 90012 Daily 93,8 40 3 From Theo Lacy Santa Ana. CA 90012 Daily 4.1 15 4 From James A. Musick Santa Ana, CA 90012 Daily 14.6 15 5 From Theo Lacy 45100 North 60th Street West, Lancaster, CA 93536 As needed 103 10 6 From James A. Musick 45100 North 00'h Street West, Lancaster. CA 93536 As needed 121 10 Note: The round-trip mileage numbers are merely estimates; actual mileage may differ. These proposed routes are subject to change to suit Orange County operational needs. The COTR may direct the Service Provider to transport detainees t0 unspeci?ed, miscellaneous locations not listed on the transportation Routes. AttaChnlent Of 1 1 0?0001 QUALITY ASSURANCE SURVEILLANCE PLAN for the IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) OFFICE OF DETENTION AND REMOVAL (DRO) 1. INTRODUCTION The Government?s Quality Assurance Surveillance Plan (QASP) is based on the premise that the service provider, and not the Government, is responsible for the day-to-day operation of the facility and all the management and quality control actions required to meet the terms of the contract. The role of the Government in quality assurance is to ensure performance standards are achieved and maintained. The service provider is required to develop a comprehensive program of inspections and monitoring actions and to document its approach in a Quality Control Plan (QCP). The service provider?s QCP, upon approval by the Government, will be made a part of the resultant agreement. This QASP is designed to provide an effective surveillance method to monitor the service provider?s performance relative to the requirements listed in the agreement. The QASP illustrates the systematic method the Government (or its designated representative) will use to evaluate the services the service provider is required to furnish. This QASP is based on the premise the Government must validate that the service provider is complying with BRO-mandated quality standards in operating, maintaining, and repairing detention facilities. Performance standards address all facets of detainee handling, including safety, health, legal rights, facility and records management, etc. Good management by the service provider and use of an approved QCP will ensure that the facility is operating within acceptable quality levels. 2. DEFINITIONS Performance Requirements Summary (Attachment D): The Performance Requirements Summary (PRS) communicates what the Government intends to qualitatively inspect. The PRS is based on the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF) and ICE National Detention Standards (NDS). The PRS identi?es performance standards grouped into nine functional areas, and quality levels essential for successful performance of each requirement. The PRS is used by the Government (or its designated representative) when conducting quality assurance surveillance to guide them through the inspection and review processes. Functional Area: A logical grouping of performance standards. Contracting Of?cer?s Technical Representative (COTR): The COTR interacts with the service provider to inspect and accept services/work performed in accordance with the technical standards prescribed in the agreement. The Contracting Of?cer issues a written memorandum that appoints the COTR. Other individuals may be designated to assist in the inspection and quality assurance surveillance activities. Performance Standards: The performance standards are established in the IGSA - Attachment Page 1 of 7 DRO ICE NDS and contained in the Detention Operations Manual, at as well as the ACA standards for ALDF. Other standards may also be de?ned in the agreement. Measures: The method for evaluating compliance with the standards. Acceptable Quality Level: The minimum level of quality that will be accepted by the Government in order to meet the performance standard. Withholding: Amount of invoice payment withheld pending correction of a de?ciency. See Attachment 1 for information on percentage of invoice amount that may be withheld for each functional area. Funds withheld from payment are recoverable (See Sections 7 and 8) if the COTR and Contracting Of?cer con?rm resolution/correction, and should be included in the next month?s invoice. Deduction: Funds may be deducted from a invoice for an egregious act or event, or if the same de?ciency continues to occur. The service provider will be noti?ed immediately if such a situation arises. The Contracting Of?cer in consultation with the Program Of?ce will determine the amount of the deduction. Amounts deducted are not recoverable. 4. QUALITY CONTROL PLAN: As a part of its agreement with the Government, the service provider is required to develop, implement, and maintain a Quality Control Plan (QCP) that illustrates the methods it will use to review its performance to ensure it conforms to the performance requirements. (See Attachment 1 for a summary list of performance requirements.) Such reviews are performed by the service provider in order to validate its operations, and assure the Government that the services meet the performance standards. The service provider?s QCP should include monitoring methods that ensure and demonstrate its compliance with the performance standards. This includes inspection methods and schedules that are consistent with the regular reviews conducted by DRO. The reports and other results generated by the service provider?s QCP activities should be provided to the COTR as requested. The frequency and type of the service provider?s reviews should be consistent with what is necessary in order to ensure compliance with the performance standards, but no less frequent than what is described in the Government?s monitoring instrument/worksheets (See Attachment 3). The service provider is encouraged not to limit its inspection to only the processes outlined in the Government?s standard; however, certain key documents must be produced by the provider to assure the Government that the services meet the performance standards. Some of the documentation that must be generated and made available to the COTR for inspection is listed below. The list is intended as illustrative and is not all-inclusive. The service provider must develop and implement a program that addresses the speci?c requirement of each standard and the means it will use to document compliance. IGSA - Attachment Page 2 of 7 ICE.2012FOIA3030001089 - Written policies and procedures to implement and assess operational requirements of the standard 0 Documentation and record keeping to ensure ongoing operational compliance with the standards inventories, logbooks, register of receipts, reports, etc.) 0 Staff training records 0 Contract discrepancy reports (CDRs) - Investigative reports 0 Medical records - Records of investigative actions taken 0 Equipment inspections System tests and evaluation 5. METHODS OF SURVEILLANCE The Government will inspect the service provider?s facility and operations using worksheets it developed for this purpose. All facilities will be subject to an annual full facility review using the procedures outlined in the Detention Management Control Program (DMCP) as well as the ACA Standards for Adult Local Detention Facilities (ALDF). The Government?s annual full facility reviews will use the monitoring instruments embedded in the standards. Facilities with 500 beds or more have an on-site COTR and/or designees who will perform regular and more frequent inspections using the worksheet in Attachment 3. This worksheet, which distills some 600 review areas included in the standards, will help the COTR or designee assess overall performance, by reviewing specific items within the 9 functional areas on a daily, weekly, and/or quarterly basis. Both annual and routine inspections will include a review of the service provider?s QCP activities including the reports and results generated by them. The COTR or designee will evaluate the service provider?s performance by conducting site visits to assess the facility and detainee conditions, reviewing documentation, and interviewing the service provider?s personnel and/or detainees. NOTE: For day-to-day activities, the Government will conduct its surveillance using the worksheets created for this purpose, along with the Contract De?ciency Reports See Attachment 2) and the ?Contract Performance Monitoring Tool? set forth in Attachment 3. Where standards are referenced for annual review purposes, the ?Monitoring Instruments? and ?Veri?cation Sources? identi?ed in the DRO standard will be used. 5.1 Site Visits: Site visits are used to observe actual performance and to conduct interviews to determine the extent of compliance with performance standards, and to ensure any noted defects are effectively addressed and corrected as quickly as possible. Sites with 500+ beds will have an on-site COTR designee. Routine reviews may involve direct observation of the service provider personnel performing tasks, interacting with detainees and other staff members, and/or reviewing documentation that demonstrates compliance with the DRO standards. On-site inspections may be performed by the ICE COTR or by other parties designated as representatives of ICE. Inspections may be planned annual inspections and the regular inspections identi?ed in Attachment 3) or ad-hoc. IGSA - Attachment Page 3 of 7 DROIGSA- 0-0001 5.2 Ad-Hoc: These inspections are unscheduled and will be conducted as a result of special interests arising from routine monitoring of the service provider?s QCP, an unusual occurrence pertaining to the agreement or other ICE concerns. These inspections may also be used as a follow-up to a previous inspection. Inspection ?ndings will be provided to the service provider as appropriate. When visiting a site, either the COTR or a designated third party may conduct their own inspections of service provider performance activities, or accompany the service provider?s designated Quality Control Inspector (QCI) on scheduled inspections. The COTR may also immediately inspect the same area as soon as the QCI has completed the quality control inspection to determine if any surveillance areas were overlooked. The COTR may also inspect an area prior to the QCI and compare results. The COTR will record all ?ndings; certain de?ciencies noted will be provided in writing and must be corrected within a reasonable amount of time (See Attachment 2). 5.3 Review of Documentation: The service provider must develop and maintain all documentation as prescribed in the performance standards post logs, policies, and records of corrective actions). In addition to the documentation prescribed by the standards, the service provider must also develop and maintain documentation that demonstrates the results of its own inspections as prescribed in its QCP. The COTR will review both forms of documentation to af?rm that the facility conditions, policies/procedures, and handling of detainees all conform to the performance standards stated herein. When reviewing the service provider?s documentation, the Government may review 100% of the documents, or a representative sample. Documentation may be reviewed during a site visit, or at periodic points throughout the period of performance. 5.4 Interviews and Other Feedback: The COTR will interview key members of the service provider?s staff, detainees and other Government personnel to ascertain current practices and the extent of compliance with the performance standards. 6. FUNCTIONAL PERFORMANCE AREAS AND STANDARDS To facilitate the performance review process, the required performance standards are organized into nine functional areas. Each ?mctional area represents a proportionate share weight) of the invoice amount payable to the service provider based on meeting the performance standards. Payment withholdings will be based on these percentages and weights applied to the overall invoice. ICE may, consistent with the scope the agreement, unilaterally change the functional areas and associated standards af?liated with a speci?c functional area. The Contracting Of?cer will notify the service provider at least 30 calendar days in advance of implementation of the new standard(s). If the service provider is not provided with the noti?cation, adjustment to the new standard must be made Within 30 calendar days after noti?cation. If any change affects pricing, the service provider may submit a request for equitable price adjustment in accordance with the ?Changes? clause. ICE reserves the right to develop and implement new inspection techniques and instructions at any time during performance without notice to the service provider, so long as the standards are not more stringent than those being replaced. IGSA - Attachment Page 4 of 7 ICE.2012FOIA3030001091 0-0001 7. FAILURE TO MEET PERFORMANCE STANDARDS Performance of services in conformance with the PRS standards is essential for the service provider to receive full payment as identi?ed in the agreement. The Contracting Of?cer may take deductions against the invoices for unsatisfactory performance documented through surveillance of the service provider?s activities gained through site inspections, reviews of documentation (including QCP reports), interviews and other feedback. As a result of its surveillance, the service provider will be assigned the following rating relative to each performance standard: Rating Description Acceptable Based on the measures, the performance standard is demonstrated. De?cient Based on the measures, compliance with most of the attributes of the performance standard is demonstrated/observed with some area(s) needing improvement. There are no critical areas of unacceptable performance At-Risk Based on the performance measures, the majority of a performance standard?s attributes are not met. Using the above standards as a guide, the Contracting Of?cer will implement adjustments to the service provider?s invoice as prescribed in Attachment 1 Rather than withholding funds until a de?ciency is corrected, there may be times when an event or a de?ciency is so egregious that the Government deducts (vs. ?withholds?) amounts from the service provider?s invoice. This may happen when an event occurs, such as sexual abuse, when a particular de?ciency is noted 3 or more times without correction, or when the service provider has failed to take timely action on a de?ciency about which he was properly and timely noti?ed. The amount deducted will be consistent with the relative weight of the functional performance area where the de?ciency was noted. The deduction may be a one-time event, or may continue until the service provider has either corrected the de?ciency, or made substantial progress in the correction. Further, a de?ciency found in one functional area may tie into another. If a detainee escaped, for example, a de?ciency would be noted in ?Security and Control,? but may also relate to a de?ciency in the area of ?Administration and Management.? 8. NOTIFICATIONS Based on the inspection of the service provider?s performance, the COTR will document instances of de?cient or at-risk performance noncompliance with the standard) using the CDR located at Attachment 2. To the extent practicable, issues should be resolved informally, with the COTR and service provider working together. When documentation of an issue or de?ciency is required, the procedures set forth in this section will be followed. Attachment Page 5 of 7 DROIGSA- 0-0001 When a CDR is required to document performance issues, it will be submitted to the service provider with a date when a response is due. Upon receipt of a CDR, the service provider must immediately assess the situation and either correct the de?ciency as quickly as possible or prepare a corrective action plan. In either event, the service provider must return the CDR with the action planned or taken noted. After the COTR reviews the service provider?s response to the CDR including its plan/remedy, the COTR will either accept plan or correction or reject the correction/plan for revision and provide an explanation. This process should take no more than one week. The CDR should not be used as a substitute for quality control by the service provider. (0) The COTR and CO, in addition to any other designated ICE of?cial, shall be noti?ed immediately in the event of all emergencies. Emergencies include, but are not limited to the following: activation of disturbance control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work-place violence, civil disturbances/ protests); staff use of force including use of lethal and less-lethal force (includes inmates in restraints more than eight hours); assaults on staff/inmates resulting in injuries requiring medical attention (does not include routine medical evaluation after the incident); ?ghts resulting in injuries requiring medical attention; ?res; full or partial lock down of the facility; escape; weapons discharge; suicide attempts; deaths; declared or non-declared hunger strikes; adverse incidents that attract unusual interest or signi?cant publicity; adverse weather hurricanes, ?oods, ice/snow storms, heat waves, tornadoes); fence damage; power outages; bomb threats; central inmate monitoring cases admitted to a community hospital; witness security cases taken outside the facility; signi?cant environmental problems that impact the facility operations; transportation accidents (airlift, bus, etc.) resulting in injuries, death or property damage; and sexual assaults. Note that in an emergency situation, a CDR may not be issued until an investigation has been completed. If the COTR concludes that the de?cient or at-risk performance warrants a withholding or deduction, the COTR must include the CDR in its report to DRO Headquarters, with a copy to the Contracting Of?cer. The CDR must be accompanied by the investigation report and written recommendation for any withholding. If contractual action including a withholding or deduction is appropriate, DRO headquarters will forward the CDR and supporting information to the Contracting Of?cer for action. The Contracting Of?cer will consider the recommendation and forward the CDR along with any relevant supporting information to the service provider in order to con?rm or further discuss the prospective cure, including the Government?s proposed course of action. As described in section 7 above, portions of the invoice amount may be withheld until such time as the corrective action is completed, or a deduction may be taken Following receipt of the service provider?s noti?cation that the correction has been made, the COTR may re-inspect the facility. Based upon the ?ndings, he will recommend that the Contracting Of?cer continue to withhold a proportionate share of the payment until the correction is made, or accept the correction as ?nal and release the amount withheld for that issue. ?in. IGSA - Attachment Page 6 of 7 ICE.2012FOIA3030001093 0?0001 (1) If funds have been withheld and either the Government or the service provider terminates the agreement, those funds Will not be released. The service provider may only receive withheld payments upon successful correction of an instance of non-compliance. Further, the service provider is not relieved of full performance of the required services hereunder; the agreement may be terminated upon adequate notice from the Government based upon any once instance, or failure to remedy de?cient performance, even if a deduction was previously taken for any inadequate performance. The COTR will maintain a record of all open and resolved CDRs. 9. OF PUBLIC COMPLAINTS: The detainee and the public are the ultimate recipients of the services identi?ed in this agreement. Any complaints made known to the COTR will be logged and forwarded to the service provider for remedy. Upon noti?cation, the service provider will be given a pre-speci?ed number of hours after verbal noti?cation from the COTR to address the issue. The service provider will submit documentation to the COTR regarding the actions taken to remedy the situation. If the complaint is found to be invalid, the service provider will document its ?ndings and notify the COTR. 10. ATTACHNIENTS IGSA - Attachment Page 7 of 7 - 0-0001 TITLE 29--LABOR PART STANDARDS FOR FEDERAL SERVICE of Contents Subpart A Service Contract Labor Standards Provisions and Procedures Sec. 4.6 Labor standards clauses for Federal service contracts exceeding $2,500. The clauses set forth in the following paragraphs shall be included in full by the contracting agency in every contract/Inter-Governmental Service Agreement (IGSA) entered into by the United States or the District of Columbia, in excess of $2,500, or in an indefinite amount, the principal purpose of which is to furnish services through the use of service employees: Service Contract Act of 1965, as amended: This contract/IGSA is subject to the Service Contract Act of 1965 as amended (41 U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued there under (29 CFR part 4). Each service employee employed in the performance of this Contract/IGSA by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract. If there is such a wage determination attached to this Contract/IGSA, the contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the Contract/IGSA the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section. (ii)Such conforming procedure shall be initiated by the contractor prior to the performance of contract/IGSA work by such unlisted class of employee. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class of employees performs any Contract/IGSA work. The contracting officer shall review the proposed action and submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary. IGSA - Attachment Page 1 of 8 The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall notify the contractor of the action taken. Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination. The process of establishing wage and fringe benefit rates that bears a reasonable relationship to those listed in a wage determination cannot be [[Page 41]] reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices, which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed. (B) In the case of a Contract/IGSA modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a Contract/IGSA under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such conformed classification by indexing adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the Contract/IGSA which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of Contract/IGSA work by the unlisted class of employees, the contractor shall advise the contracting officer of the action taken but the other procedures in paragraph (2) (ii) of this section need not be followed. (C) No employee engaged in performing work on this Contract/IGSA shall in any event be paid less than the currently applicable minimum wage specified under section 6(a) of the Fair Labor Standards Act of 1938, as amended. The wage rate and fringe benefits finally determined pursuant to paragraphs and (ii) of this section shall be paid to all employees performing in the classification from the first day on which Contract/IGSA work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced Contract/IGSA work shall be a violation of the Act and this contract.(vi) Upon discovery of failure to comply with paragraphs through of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced Contract/IGSA work. (3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this Contract/IGSA is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished there under to service employees shall be subject to adjustment after 1 year and not less often than once every 2 years, pursuant to wage determinations IGSA - Attachment Page 2 of 8 DROIGSA- 1 0-0001 to be issued by the Wage and Hour Division, Employment Standards Administration of the Department of Labor as provided in such Act. The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differential payments in cash in accordance with the applicable rules set forth in subpart of 29 CFR part 4, and not otherwise. In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this Contract/IGSA shall pay any person performing work under the Contract/IGSA (regardless of whether they are service employees) less than the minimum wage specified by section of the Fair Labor Standards Act of 1938. Nothing in this provision shall relieve the contractor or any subcontractor of any other obligation under [[Page 42]] law or Contract/IGSA for the payment of a higher wage to any employee. (2) If this Contract/IGSA succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this Contract/IGSA setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this Contract/IGSA shall pay any service employee performing any of the Contract/IGSA work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No contractor or subcontractor under this Contract/IGSA may be relieved of the foregoing obligation unless the limitations of Sec. 4.lb(b) of 29 CFR part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Sec. 4.10 of 29 CFR part 4 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in Sec. 4.11 of 29 CFR part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/IGSA was not entered into as a result of arm's-length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/IGSA was not entered into as a result of arm?s-length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the Contract/IGSA or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a Contract/IGSA or subcontract. 53 Comp. Gen. 401 (1973). In the case of a wage determination issued solely as a result of a finding of substantial IGSA Attachment Page 3 of 8 10-0001 variance, such determination shall be effective as of the date of the final administrative decision. The contractor and any subcontractor under this Contract/IGSA shall notify each service employee commencing work on this Contract/IGSA of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(this contract. The contractor or subcontractor shall not permit any part of the services called for by this Contract/IGSA to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR part 1925. The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs through (vi) of this section for each employee subject to the Act and shall make them available for inspection [[Page 43]] and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the 0.8. Department of Labor: Name and address and social security number of each employee. (ii)The correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee. The number of daily and weekly hours so worked by each employee. (iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. A list of monetary wages and fringe benefits for those classes of service employees not included in the wage determination attached to this Contract/IGSA but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant to the labor standards clause in paragraph of this section. A copy of the report required by the clause in Paragraph (2) (ii) of this section shall be deemed to be such a list. (vi) Any list of the predecessor contractor?s employees which had been furnished to the contractor pursuant to Sec. (2) The contractor shall also make available a copy of this Contract/IGSA for inspection or transcription by authorized representatives of the Wage and Hour Division. IGSA - Attachment Page 4 of 8 DROIGSA- 1 0-0001 (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment or advance of funds until such violation ceases. (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR part 4), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Act may not be of any duration longer than The contracting officer shall withhold or cause to be withheld from the Government prime contractor under this or any other Government Contract/IGSA with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Service Contract Act of 1965, may be grounds for termination of the right to proceed with the Contract/IGSA work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. The contractor agrees to insert these clauses in this section relating to. the Service Contract Act of 1965 in all Subcontracts subject to the Act. The term contractor as used in these clauses in any subcontract shall be deemed to refer to the subcontractor, except in the term Government prime contractor. As used in these clauses, the term service employee means any person engaged in the performance of this Contract/IGSA other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations, as of July [[Page44)) 30, 1976, and any subsequent revision of those regulations. The term service employee includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. (2) The following statement is included in contracts pursuant to section 2(for informational purposes only: The following classes of service employees expected to be employed under the Contract/IGSA with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and IGSA - Attachment Page 5 of 8 10-0001 would, if so employed, be paid not less than the following rates of wages and fringe benefits: Employee class wage?fringe benefit GS-05 $14.24 GS-O7 $17.64 Search current rates at If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the Contract/IGSA are provided for in a collective bargaining agreement which is or will be effective during any period in which the Contract/IGSA is being performed, the Government prime contractor shall report such fact to the contracting officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of Contract/IGSA performance, such agreements shall be reported after negotiation thereof. (2) Not less than 10 days prior to completion of any Contract/IGSA being performed at a Federal facility where service employees may be retained in the performance of the succeeding Contract/IGSA and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (Sec. 4.173 of Regulations, 29 CFR part 4), the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of Contract/IGSA performance. Such list shall also contain anniversary dates of employment on the Contract/IGSA either with the current or predecessor contractors of each such service employee. The contracting officer shall turn over such list to the successor contractor at the commencement of the succeeding contract. Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR part 4. By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act. (2) No part of this Contract/IGSA shall be subcontracted to any person or firm ineligible for award of a Government Contract/IGSA pursuant to section 5 of the Act. (3) The penalty for making false statements is prescribed in the 0.8. Criminal Code, 18 U.S.C. 1001. IGSA - Attachment Page 6 of 8 DROIGSA- 1 0-0001 (0) Notwithstanding any of the clauses in paragraphs through of this section relating to the Service Contract Act of 1965, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1)Apprentices, student?learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a) or([Page 45]] of the Service Contract Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a) (2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student?learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525). (3) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student?learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525). (4) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in parts 525 and 528 of title 29 of the Code of Federal Regulations. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the Contract/IGSA work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Where an employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips, the amount of tips received by the employee may be credited by the employer against the minimum wage required by Section or of the Act to the extent IGSA - Attachment Page 7 of 8 DROIGSA- 1 0-0001 permitted by section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. To utilize this provison: (1)The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2)The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract/IGSA shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 4, 6, and 8. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.(The information collection, recordkeeping, and reporting requirements contained in this section have been approved by the Office of Management and Budget under the following numbers: [[Page 46]] Paragraph OMB control number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215-0150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215-0150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215-0017 (vi1215-0150 (1) (11215?0150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215-0017 [48 FR 49762, Oct. 27, 1983; 48 FR 50529, Nov. 2, 1983, as amended at 61 FR 68663, Dec. 30, 1996] IGSA - Attachment Page 8 of 8 0-0001 (W WD 05?2047 (Rev.?9) was first posted on on 06/02/2009 REGISTER OF WAGE DETERMINATIONS UNDER I U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 Wage Determination No.: 2005?2047 Revision No.: 11 Date Of Revision: 06/15/2009 Shirley F. Ebbesen Division of Director Wage Determinationsl State: California Area: California Counties of Los Angeles, Orange OCCUPAT ION NOTE Heating, Air Conditioning and Refrigeration: Wage rates and fringe benefits can be found on Wage Determinations 1986-0879. Laundry: Wage rates and fringe benefits can be found on Wage Determination 1977-1297. **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.59 01012 Accounting Clerk II 16.38 01013 Accounting Clerk 18.61 01020 - Administrative Assistant 26.82 01040 - Court Reporter 19.38 01051 - Data Entry Operator I 12.05 01052 - Data Entry Operator II 13.15 01060 - Dispatcher, Motor Vehicle 22.41 01070 Document Preparation Clerk 13.66 01090 Duplicating Machine Operator 13.66 01111 General Clerk I 10.69 01112 - General Clerk II 14.92 01113 - General Clerk 16.67 01120 Housing Referral Assistant 21.90 01141 - Messenger Courier 10.62 01191 - Order Clerk I 16.98 01192 Order Clerk II 18.53 01261 Personnel Assistant (Employment) I 17.26 01262 - Personnel Assistant (Employment) II 19.31 01263 - Personnel Assistant (Employment) 22.26 01270 Production Control Clerk 23.51 01280 Receptionist 14.51 01290 - Rental Clerk 15.10 01300 - Scheduler, Maintenance 16.84 01311 Secretary I 16.84 01312 - Secretary II 19.17 01313 - Secretary 21.90 01320 Service Order Dispatcher 19.54 01410 Supply Technician 26.82 01420 Survey Worker 19.38 01531 Travel Clerk I 14.25 01532 Travel Clerk II 15.43 01533 - Travel Clerk 16.57 01611 Word Processor I 15.03 01612 - Word Processor II 16.87 IGSA - Attachment Page 1 of 9 ICE.2012FOIA3030001103 0-0001 01613 - Word Processor 18.76 05000 Automotive Service Occupations 05005 Automobile Body Repairer, Fiberglass 22.94 05010 - Automotive Electrician 21.60 05040 - Automotive Glass Installer 20.29 05070 - Automotive Worker 20.29 05110 - Mobile Equipment Servicer 18.66 05130 Motor Equipment Metal Mechanic 22.94 05160 - Motor Equipment Metal Worker 20.29 05190 Motor Vehicle Mechanic 22.94 05220 - Motor Vehicle Mechanic Helper 17.90 05250 Motor Vehicle Upholstery Worker 19.86 05280 - Motor Vehicle Wrecker 20.29 05310 Painter, Automotive 21.60 05340 - Radiator Repair Specialist 20.29 05370 Tire Repairer 15.47 05400 Transmission Repair Specialist 22.94 07000 Food Preparation And Service Occupations 07010 - Baker 12.21 07041 Cook I 12.91 07042 - Cook II 14.31 07070 Dishwasher 9.89 07130 - Food Service Worker 10.85 07210 Meat Cutter 15.92 07260 - Waiter/Waitress 9.85 09000 Furniture Maintenance And Repair Occupations 09010 Electrostatic Spray Painter 18.59 09040 - Furniture Handler 12.42 09080 Furniture Refinisher 18.59 09090 Furniture Refinisher Helper 14.82 09110 Furniture Repairer, Minor 17.04 09130 Upholsterer 18. 59 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.19 11060 - Elevator Operator 11.19 11090 Gardener 17.46 11122 ??Housekeeping Aide 11.44 11150 - Janitor 13.27 11210 - Laborer, Grounds Maintenance 13.09 11240 Maid or Houseman 9.36 11260 - Pruner 13.27 11270 Tractor Operator 15.57 11330 - Trail Maintenance Worker 13.09 11360 - Window Cleaner 15.03 12000 Health Occupations 12010 Ambulance Driver 17.82 12011 - Breath Alcohol Technician 17.82 12012 - Certified Occupational Therapist Assistant 26.03 12015 - Certified Physical Therapist Assistant 25.97 12020 Dental Assistant 16.41 12025 - Dental Hygienist 38.30 12030 - EKG Technician 26.48 12035 Electroneurodiagnostic Technologist 26.48 12040 Emergency Medical Technician 17.82 12071 - Licensed Practical Nurse I 16.75 12072 - Licensed Practical Nurse II 18.77 12073 Licensed Practical Nurse 22.42 12100 - Medical Assistant 14.82 12130 Medical Laboratory Technician 19.73 12160 - Medical Record Clerk 15.93 12190 Medical Record Technician 17.82 12195 Medical Transcriptionist 17.59 12210 Nuclear Medicine Technologist 34.87 IGSA - Attachment Page 2 of 9 0-0001 12221 - Nursing Assistant I 9.63 12222 - Nursing Assistant II 10.82 12223 - Nursing Assistant . 11.81 12224 Nursing Assistant IV 13.26 12235 - Optical Dispenser 16.65 12236 Optical Technician 15.71 12250 Pharmacy Technician 17.34 12280 - Phlebotomist 13.26 12305 - Radiologic Technologist 24.54 12311 Registered Nurse I 30.80 12312 - Registered Nurse II 37.68 12313 Registered Nurse II, Specialist 37.68 12314 - Registered Nurse 45.63 12315 Registered Nurse Anesthetist 45.63 12316 Registered Nurse IV 54.69 12317 - Scheduler (Drug and Alcohol Testing) 22.81 13000 Information And Arts Occupations 13011 Exhibits Specialist I 24.83 13012 - Exhibits Specialist II 30.76 13013 Exhibits Specialist 37.63 13041 Illustrator I 25.31 13042 - Illustrator II 31.37 13043 - Illustrator 38.35 13047 Librarian . 30.36 13050 Library Aide/Clerk 16.49 13054 Library Information Technology Systems 26.57 Administrator 13058 Library Technician 21.38 13061 Media Specialist I 18.51 13062 Media Specialist II 20.69 13063 Media Specialist 23.07 13071 Photographer I 17.95 13072 Photographer II 20.08 13073 - Photographer 26.61 13074 Photographer IV 33.56 13075 - Photographer 40.61 13110 - Video Teleconference Technician 18.25 14000 Information Technology Occupations 14041 Computer Operator I 17.32 14042 Computer Operator II 19.38 14043 - Computer Operator 22.89 14044 Computer Operator IV 25.73 14045 - Computer Operator 25.80 14071 Computer Programmer I (see 1) 24.93 14072 Computer Programmer II (see 1) 14073 - Computer Programmer (see 1) 14074 Computer Programmer IV (see 1) 14101 Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 Computer Systems Analyst (see 1) 14150 - Peripheral Equipment Operator 17.32 14160 - Personal Computer Support Technician 25.73 15000 - Instructional Occupations 15010 Aircrew Training Devices Instructor (Non-Rated) 34.08 15020 - Aircrew Training Devices Instructor (Rated) 41.23 15030 Air Crew Training Devices Instructor (Pilot) 49.43 15050 - Computer Based Training Specialist Instructor 34.08 15060 - Educational Technologist 32.81 15070 - Flight Instructor (Pilot) 49.43 15080 - Graphic Artist 25.66 15090 - Technical Instructor 23.72 15095 Technical Instructor/Course Developer 29.02 15110 Test Proctor 19.15 IGSA - Attachment - Page 3 of 9 0-0001 15120 Tutor . 19.15 19000 Machine Tool Operation And Repair Occupations 19010 Machine?Tool Operator (Tool Room) 18.52 19040 Tool And Die Maker 23.95 21000 Materials Handling And Packing Occupations 21020 Forklift Operator 14.46 21030 Material Coordinator 23.51 21040 - Material Expediter 23.51 21050 - Material Handling Laborer 13.02 21071 - Order Filler 13.31 21080 - Production Line Worker (Food Processing) 14.46 21110 Shipping Packer 15.08 21130 Shipping/Receiving Clerk 15.08 21140 - Store Worker I 11.30 21150 - Stock Clerk 16.13 21210 - Tools And Parts Attendant 14.46 21410 Warehouse Specialist 14.46 23000 - Mechanics And Maintenance And Repair Occupations 23010 Aerospace Structural Welder 30.78 23021 - Aircraft Mechanic I 29.10 23022 - Aircraft Mechanic II 30.78 23023 Aircraft Mechanic 31.94 23040 - Aircraft Mechanic Helper 20.38 23050 Aircraft, Painter 24.41 23060 - Aircraft Servicer 23.55 23080 Aircraft Worker 24.58 23110 Appliance Mechanic 19.52 23120 Bicycle Repairer 15.47 23125 Cable Splicer 29.85 23130 Carpenter, Maintenance 27.29 23140 Carpet Layer 19.20 23160 - Electrician, Maintenance 30.18 "?wx 23181 - Electronics Technician Maintenance I 23.38 23182 Electronics Technician Maintenance II 24.90 23183 Electronics Technician Maintenance 26.53 23260 Fabric Worker 23.38 23290 Fire Alarm System Mechanic 20.30 23310 - Fire Extinguisher Repairer 18.25 23311 Fuel Distribution System Mechanic 25.48 23312 Fuel Distribution System Operator 19.48 23370 General Maintenance Worker 23.26 23380 - Ground Support Equipment Mechanic 29.10 23381 - Ground Support Equipment Servicer 23.55 23382 Ground Support Equipment Worker 24.58 23391 Gunsmith I 18.25 23392 - Gunsmith II 21.11 23393 Gunsmith 23.87 23430?- Heavy Equipment Mechanic 26.97 23440 - Heavy Equipment Operator 31.04 23460 Instrument Mechanic 25.70 23465 - Laboratory/Shelter Mechanic 22.49 23470 - Laborer 12.49 23510 - Locksmith 18.81 23530 Machinery Maintenance Mechanic 24.65 23550 - Machinist, Maintenance 25.41 23580 - Maintenance Trades Helper 14.82 23591 - Metrology Technician I 25.70 23592 - Metrology Technician II 27.13 23593 Metrology Technician 29.73 23640 Millwright 25.45 23710 Office Appliance Repairer 20.86 23760 Painter, Maintenance . 21.05 23790 Pipefitter, Maintenance 23.40 IGSA - Attachment Page 4 of 9 ICE.2012FOIA3030001106 0-0001 23810 - Plumber, Maintenance . 22.04 3 23820 Pneudraulic Systems Mechanic 23.87 23850 Rigger 26.81 23870 Scale Mechanic 21.11 23890 - Sheet?Metal Worker, Maintenance 22.13 23910 Small Engine Mechanic 18.70 23931 Telecommunications Mechanic I 24.92 23932 Telecommunications Mechanic II 26.39 23950 Telephone Lineman 24.18 23960 - Welder, Combination, Maintenance 19.75 23965 Well Driller 23.18 23970 - Woodcraft Worker 21.73 23980 Woodworker 16.81 24000 Personal Needs Occupations 24570 Child Care Attendant 13.05 24580 - Child Care Center Clerk 16.03 24610 - Chore Aide 10.57 24620 Family Readiness And Support Services 15.39 Coordinator 24630 Homemaker 19.21 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 26.22 25040 Sewage Plant Operator 26.21 25070 - Stationary Engineer 26.22 25190 - Ventilation Equipment Tender 18.34 25210 Water Treatment Plant Operator 26.21 27000 Protective Service Occupations 27004 Alarm Monitor 23.77 27007 - Baggage Inspector 12.80 27008 Corrections Officer 29.13 27010 Court Security Officer 30.28 27030 - Detection Dog Handler 23.77 27040 Detention Officer 29.13 27070 Firefighter 29.97 27101 Guard I 12.80 27102 Guard II 23.77 27131 - Police Officer I 35.71 27132 Police Officer II 39.68 28000 Recreation Occupations 28041 - Carnival Equipment Operator 12.76 28042 Carnival Equipment Repairer 13.74 28043 - Carnival Equpment Worker 9.67 28210 - Gate Attendant/Gate Tender 14.09 28310 Lifeguard 13.26 28350 Park Attendant (Aide) 15.76 28510 Recreation Aide/Health Facility Attendant 11.11 28515 Recreation Specialist 18.75 28630 - Sports Official 12.55 28690 Swimming Pool Operator 16.97 29000 - Stevedoring/Longshoremen Occupational Services 29010 Blocker And Bracer 21.53 29020 - Hatch Tender 21.53 29030 Line Handler 21.53 29041 Stevedore I 20.46 29042 Stevedore II 22.93 30000 - Technical Occupations 30010 Air Traffic Control Specialist, Center (HFO) (see 2) 39.06 30011 Air Traffic Control Specialist, Station (HFO) (see 2) 27.98 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 29.66 30021 - Archeological Technician I . 20.47 30022 Archeological Technician II 22.01 30023 Archeological Technician 31.33 30030 - Cartographic Technician 31.33 IGSA - Attachment Page 5 of 9 ICE.2012FOIA3030001107 DROIGSA- 1 0-0001 30040 - Civil Engineering Technician 28.07 30061 Drafter/CAD Operator I 22.60 30062 - Drafter/CAD Operator II 25.28 30063 - Drafter/CAD Operator 28.18 30064 Drafter/CAD Operator IV 34.68 30081 - Engineering Technician I 18.14 30082 Engineering Technician II 20.37 30083 Engineering Technician 22.78 30084 - Engineering Technician IV 28.23 30085 - Engineering Technician 34.88 30086 Engineering Technician VI 41.77 30090 Environmental Technician 25.20 30210 Laboratory Technician 21.03 30240 - Mathematical Technician 30.84 30361 - Paralegal/Legal Assistant I 21.17 30362 - Paralegal/Legal Assistant II 26.22 30363 - Paralegal/Legal Assistant 32.07 30364 - Paralegal/Legal Assistant IV 38.81 30390 - Photo?Optics Technician 30.84 30461 - Technical Writer I 23.03 30462 Technical Writer II 28.18 30463 Technical Writer 34.09 30491 - Unexploded Ordnance (UXO) Technician I 24.82 30492 Unexploded Ordnance (UXO) Technician II 30.03 30493 - Unexploded Ordnance (UXO) Technician 36.00 30494 Unexploded (UXO) Safety Escort 24.82 30495 - Unexploded (UXO) Sweep Personnel 24.82 30620 - Weather Observer, Combined Upper Air Or (see 2) 27.65 Surface Programs 30621 - Weather Observer, Senior (see 2) 30.72 31000 Transportation/Mobile Equipment Operation Occupations 31020 Bus Aide 13.63 31030 Bus Driver 19.62 31043 Driver Courier 12.90 31260 Parking and Lot Attendant 8.83 31290 Shuttle Bus Driver 14.07 31310 Taxi Driver 12.03 31361 Truckdriver, Light 14.07 31362 Truckdriver, Medium 20.63 31363 Truckdriverr Heavy 21.78 31364 - Truckdriver, Tractor?Trailer 21.78 99000 Miscellaneous Occupations 99030 - Cashier 12.13 99050 Desk Clerk 12.65 99095 - Embalmer 21.08 99251 - Laboratory Animal Caretaker I 10.66 99252 - Laboratory Animal Caretaker II 11.63 99310 - Mortician 34.35 99410 - Pest Controller 15.17 99510 Photofinishing Worker 14.87 99710 - Recycling Laborer 19.12 99711 Recycling Specialist 22.43 99730 - Refuse Collector 17.05 99810 - Sales Clerk 15.57 99820 - School Crossing Guard 9.51 99830 Survey Party Chief 34.71 99831 - Surveying Aide 19.43 99832 - Surveying Technician 25.56 99840 - Vending Machine Attendant 12.77 99841 Vending Machine Repairer 14.67 99842 Vending Machine Repairer Helper 12.77 IGSA - Attachment Page 6 of 9 ICE.2012FOIA3030001108 DROIGSA- 1 0-0001 ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH WELFARE: $3.35 per hour or $134.00 per week or $580.66 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: l) COMPUTER EMPLOYEES: Under the SCA at section this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1)The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime occasional work on Sunday outside the normal tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work IGSA - Attachment Page 7 of 9 0-0001 such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry?house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. UNIFORM ALLOWANCE If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at gov/esa/whd/ or through the Wage Determinations On?Line (WDOL) Web site at REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, IGSA Attachment Page 8 of 9 0-0001 wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a 1ass(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. IGSA - Attachment Page 9 of 9 DROIGSA- 1 0-000] MEDICAL SERVICES PROVIDED BY FACILITY I. INTRODUCTION FACILITY LOCATION: The Service Provider shall provide detention services for detainees at the following institutions: Theo Lacy Facility James A. Musick Facility 501 The City Drive South 13502 Musick Road Orange, CA 92868 Irvine, CA 92618 The Service Provider shall provide detention services for not more than 72 hours at the following institution: Intake Release Center (IRC) 550 N. Flower Street Santa Ana, CA 92703 SERVICES PROVIDED AT THE INTAKE RELEASE CENTER A. Triage Medical and Mental Health Screening. Information from the Triage process will be one of the factors used in determining the housing location of the ICE detainee (either at Theo Lacy or James A. Musick). Initiate medical and/or mental health chart as needed Assessment of medical and/or mental health condition. Prescribe medications and other treatments as needed Up to 72-hour hold for the following (depending on bed availability): 1. ICE detainees found during the Triage process to have medical or mental health conditions that may reasonably be stabilized within 72 hours. 2. ICE detainees with mental health conditions requiring specialized housing pending transfer by ICE to another Service Provider 3. ICE detainees during the course of their detention experience acute onset or worsening of medical or mental health conditions that cannot be accommodated by the Service Provider and are pending transfer by ICE to another Service Provider. 111. Services Provided at Theo Lacv This is a male only facility. Summarized below are examples of the types of conditions/diseases/ailments that can be treated/accommodated based upon the local inmate? patient population. The ?nal determination for medical conditions which will be accepted will be at the discretion of the CMS Medical Director or his designee. Any chronic medical condition/disease state that can be reasonably managed in an outpatient ambulatory care setting, including but not limited to: A. Asthma B. Hypertension Attachment I - Medical Services Provided by Facility Page 1 of 3 ICE.2012FOIA3030001112 0-0001 Type I and II Diabetes Mellitus . if medication is approved by ICE and cost of the medication is reimbursed to the Service Provider in accordance with Article ID of this Agreement. Communicable diseases (CDs)[Caveat: Accommodation of detainees with CDs that require contact isolation only as a control measure will be dependent upon the availability of single-celled housing at that facility] Patients/Detainees that require temporary use of walkers, crutches, casts, and Wheelchairs Detoxi?cation for acute mild alcohol and opiate withdrawals (Not long-term detoxi?cation treatment) In-dwelling urinary catheters Hunger Strikes (due to time commitment and required documentation, only 2 Hunger Strike detainees will be accepted at a time without staf?ng revision) Ambulatory Post Surgical Care Minor wound care CPAP Treatment (this will be dependent on the availability of electrical outlets in the module) M. Physical disability requiring minimal assistance with activities of daily living (ADLs) N. Coumadin therapy if medication is approved by ICE and cost of the medication is reimbursed to the Service Provider in accordance with Article ID of this Agreement. U0 HF: .07? the IV. Services Provided at James A. Musick This facility accommodates both male and female ICE detainees. ICE detainees housed at the James A. Musick facility must be ambulatory and have relatively low medical or mental health needs. The ?nal determination for medical conditions which will be accepted will be at the discretion of the CMS Medical director or his designee. V. Medical Refusals for ICE Detainees Summarized below are examples of the types of conditions/diseases/ ailments which cannot be accommodated for ICE detainees at the Theo Lacy and James A. Musick facilities. The ?nal determination for refusals will be at the discretion of the CMS Medical Director or his designee. The following are examples of general conditions which may warrant a decision of medical refusal by the Service Provider: If the below issues are resolved, the ICE detainee can be re- evaluated for medical acceptance or re-entry: Conditions requiring acute hospitalization and/or ?around the clock? monitoring End stage medical disease states that have resulted in signi?cant physical disability and/or incapacitation of the ICE detainee. Infectious disease conditions during the communicable phase of disease that require airborne infection isolation, i.e. tuberculosis, acute varicella (chickenpox), etc. Demonstrable suicidal, homicidal, self-mutilating or gravely behavior and/or ideations Mental health conditions/disease states that require specialized housing. rumor? VI. Hospital/Out-Patient Provider/Emergency Transport Services Attachment I - Medical Services Provided by Facility Page 2 of 3 DROIGSA- 0?0001 . ICE detainees who are not accepted into the custody of the Service Provider during the course of the triage process because of a need for immediate hospitalization shall be taken by ICE to its contracted hospital. Service Provider shall not be responsible for completing a Treatment Authorization Request (TAR) in instances in which the ICE detainee was not accepted into the custody of the Service Provider. . If ICE detainees are determined during the course of their detention to require hospitalization, medical transportation shall be coordinated by the Service Provider to a hospital willing to accept ICE reimbursement and payment conditions. The Service Provider shall comply with all Department of Immigration Health Services (DIHS) Treatment Authorization Request (TAR) procedures. . ICE detainees requiring off-site medical services shall be transported by the Service Provider to receive the required medical care. The Service Provider shall comply with all DIHS TAR procedures. . The cost of all medical services provided off-site shall be the responsibility of ICE. Attachment I - Medical Services Provided by Facility Page 3 of 3 II. DEPARTMENT OF HOMELAND SECURITY (DHS) IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) STATEMENT OF WORK Armed Transportation Services Transportation service shall include the following: . The Service Provider shall furnish suitable vehicles in good condition, approved by the ICE, to safely provide the required transportation services. The Service Provider shall comply with all federal and state laws with regard to inspections, licensing, and registration for all vehicles used for transportation. . The Service Provider shall furnish vehicles equipped with interior security features (such as, but not limited to door lock controls, window locks, a wire cage with acrylic panel between the driver seat and the rear passenger seats) and be in accordance with ICE Performance Based National Detention Standards including physical separation of detainees from guards. . All transportation shall be accomplished in the most economical manner. . All transportation Of?cers shall be armed in the performance of these duties. . The Service Provider shall establish a fully operational communication system that has direct and immediate contact with all transportation vehicles and post assignments. Upon demand, the Contracting Of?cer?s Technical Representative (COTR) shall be provided with current status of all vehicles and post assignment employees. . Failure on the Service Provider?s part to comply fully with the detainee(s) departure as pre-scheduled shall result in the Service Provider having deductions made for non- performance. (see Attachment - Performance Requirements Summary) ICE Physical Plant (Infrastructure) Requirements . ICE Of?ce Space The Service Provider agrees to provide of?ce space for Enforcement and Removal Of?ce (BRO) staff at the Theo Lacy facility within existing structures. Office space at the James A. Musick Facility will be provided for ERO staff within new modular structures which will be installed for the Of?ce of the Principal Legal Advisor (OPLA) and Executive Of?ce for Immigration Review (EOIR) space. The Service Provider shall refer to ICE Design Standards (see Attachment B) for speci?c of?ce and workstation sizes and speci?c furnishing requirements for a 472 and 366 bed facility reSpectively. The Standards include but are not limited to the following: IGSA-Attachment A Page 1 of 9 DROIGSA-10-0001 l. A total of workstations as outlined below (respectively) ERO Orange County Space Requirements Theo Lacy Musiek 472 Beds S66 Beds Table of Space Requirements Assistant Field Of?ce Director (WW8) Supervisory Detention and Deportation Of?cers Deportation Of?cers Supervisory Immigration Enforcement Agents Immigration Enforcement Agents Detention and Removal Assistants Mission Support Specialist Management and Program Analyst COTR Of?ce Assistant Supervisory Detention Deportation Assistant Receptionist/ Admin Assistant Staf?ng Assistant Mail File Clerk Processing Stations JPADS Totals 9? File rooms (see Standards for size and quantity) b. Conference rooms adjacent to or within ICE area (see Standards for size and quantity) c. Employee break rooms (see Standards for size and quantity) d. IT computer support rooms must be provided through out ICE space per the speci?cations. Including specialized requirements for climate control of IT equipment rooms for PHS, EOIR and ICE of?ce area. e. Actual location, layout, con?guration, and size of rooms will be determined during the ?nal design phase. IGSA-Attachment A Page 2 of 9 . OPLA Space to be located in new modular facilities at the James A. Musick Facility: . The Standards include but are not limited to the following: 1. (1) Deputy Chief Counsel 2. (7) Assistant Chief Counsel (ACC (2. 3/C0urtroom) 3. (3) Legal Technicians (I per 3 AC Cs) 4. (1) Mail/File Clerk . EOIR Space to be located in new modular facilities at the James A. Musick Facility: The Standards include but are not limited to the following: 1. (3) Court Rooms 2. (3) Judges 3. (10) Administrative Staff 4. (1) Mail/File Clerk . Health Services Space: Health Services to be provided by Orange County Health Care Agency personnel as set forth in Attachment 1; Healthcare Services Design Standards shall be in accordance with American Correctional Association requirements when provided by the Service Provider. . ICE Processing Area to be located in new modular facilities at the James A. Musick Facility: 1. Processing area shall be designed to process male detainees as required in high frequency rates and varying numbers, up to 50 detainees at one time. 2. Processing area shall be in compliance with the ICE Hold Room Standard and ICE Performance Based National Detention Standards. . Furniture All furniture and case goods (modular cubical, shelving, drawers, etc.) shall be furnished by the Service Provider in accordance with ICE Design Guide and speci?cations as required in accordance with the ICE Design Standards. . ICE IT Equipment - ICE shall provide and install IT equipment in of?ce spaces for ICE personnel only, to include computer workstations and screens, printers and fax machines. All infrastructure and cabling shall be provided by the Service Provider in accordance with the Structured Cable Plant Standard (see Attachment C). NOTE: ICE IT system must be a complete, independent and physically separate system from the Service Provider?s IT system. The system shall serve all operational components: ICE, OPLA, and DIHS. IGSA-Attachment A Page 3 of 9 DROIGSA-10-0001 Detainee Work Program A. Detainee labor shall be used in accordance with the detainee work plan developed by the Service Provider, and will be in accordance with the ICE Performance Based National Detention Standards on Detainee Voluntary Work Program. The detainee work plan must be voluntary, and may include work or program assignments for industrial, maintenance, custodial, service, or other jobs. The detainee work program shall not con?ict with any other requirements of the Agreement and must comply with all applicable laws and regulations. B. Detainees shall not be used to perform the responsibilities or duties of an employee of the Service Provider. Detainees shall not be used to perform work in areas where sensitive documents are maintained (designated ICE workspace). Custodial/janitorial services to be performed in designated ICE work space shall be the responsibility of the Service Provider. C. Appropriate safety/protective clothing and equipment shall be provided to detainee workers as appropriate. Detainees shall not be assigned work that is considered hazardous or dangerous. This includes, but is not limited to, areas or assignments requiring great heights, extreme temperatures, use of toxic substances, and unusual physical demands. D. The Service Provider shall supply suf?cient staff to monitor and control detainee work details. Unless approved by the COTR, these work details must be within the security perimeter. E. It will be the sole responsibility of ICE to determine whether a detainee will be allowed to perform on voluntary work details and at What classi?cation level. All detainees shall be searched when they are returned from work details. IV. Training Employees shall not perform duties under this Agreement until they have successfully completed all initial training and the COTR receives written certi?cation from the Service Provider. A. General Training Requirements 1. All employees must have the training described in the ACA Standards and in this section. Any remuneration (pay) due Service Provider employees in accordance with Department of Labor regulations for any training time is the responsibility of the Service Provider. The Service Provider shall provide the required refresher courses or have an institution acceptable to the COTR to provide the training. Failure of any employee to complete training successfully is suf?cient reason to disqualify him or her from duty. IGSA-Attachment A Page 4 of 9 DROIGSA-10-0001 2. All new Of?cers and Custody staff will receive 54 hours of basic training, not to include ?rearms, if applicable, and 40 hours of on-the-j ob training prior to entering on duty. The Service Provider?s Training Of?cer will be responsible for administering an on-the-j ob training program for new employees. A senior Of?cer, at all times during this latter 40-hour period, must accompany the Of?cers and Custody staff. The Service Provider?s Training Officer shall send a copy of the documentation to the COTR upon successful completion of the employee?s on-the-job training. In addition, after completion of the ?rst 94 hours of training, the Service Provider has 60 days to complete an additional 40 hours of training. During the remainder of the ?rst year on duty, the Of?cer and Custody staff will have an additional 40 hours of training for a total of 174 hours within the ?rst year of employment. The training program must directly relate to the employee?s assigned position and afford application of necessary job skills. Training site shall be provided by the Service Provider at no cost to the Government. B. Basic Training Subjects 1. Employees shall complete the following list of basic training subjects with content applicable to their assigned position. The course title is followed by the estimated hours of training for that subject. a. In?service Orientation/Social Diversity 2 HRS b. Counseling Techniques/Suicide Prevention 2 HRS c. Conduct/Duties/Ethics and Courtroom Demeanor 2 HRS d. Bomb Defense and Threats 1 HR e. Telephone Communications/Radio Procedures 1 HR f. Fire and other Emergency Procedures 2 HRS g. Treatment and Supervision of Detainees 2 HRS h. ICE Use of Force Policy 2 HRS i. Security Methods/Key Control/Count 1 HR j. Procedures/Observational Techniques 4 HRS k. EEO/Sexual Harassment 2 HRS l. Detainee Escort Techniques 1 HR m. ICE Paperwork/Report Writing 2 HRS n. Detainee Searches/Detainee Personal Property 4 HRS o. Property/Contraband 2 HRS p. Detainee Rules and Regulations 2 HRS q. First Aid* 4 HRS IGSA-Attachment A Page 5 of 9 DROIGSA-10-0001 r. Cardiopulmonary Resuscitation 4 HRS s. Blood-home Pathogens* 2 HRS t. Self Defense 8 HRS u. Use of Restraints 6 HRS v. Firearm Training w. Sexual Abuse/Assault Prevention Intervention* 2 HRS x. ICE Performance Based National Detention Standards 2 HRS Critical Training Subjects Firearm Training for Required Armed Detention Services in accordance with State licensing requirements. Service Provider shall certify proficiency every quarter. C. Refresher Training 1. Every year the Service Provider shall conduct 40 hours of Refresher Training for all Of?cers and Custody staff including Supervisory Of?cers. Refresher training shall consist of these critical subjects listed above and a review of basic training subjects and others as approved by ICE. 2. The Service Provider shall coordinate recerti?cation in CPR and First Aid with the ICE training staff. This training shall be provided at no cost to the Government. Annually, upon completion, the Service Provider shall provide documentation of refresher training to the COTR. 3. In addition to the refresher training requirements for all Of?cers and Custody staff, supervisors must receive refresher training relating to supervisory duties. D. On-the-Job Training - After completion of the minimum of 54 hours basic training, all Of?cers and Custody staff shall receive an additional 40 hours of on-the-job training at speci?c post positions. This training includes: 1. Authority of supervisors and organizational code of conduct. 2. General information and special orders. 3. Security systems operational procedures. 4. Facility self-protection plan or emergency operational procedures. 5. Disturbance Control Team training. E. Training During Initial 60 Day Period - The Service Provider shall provide an additional 40 hours of training for Of?cers and Custody staff within 60 days a?er completion of IGSA?Attachment A Page 6 of 9 ICE.2012FOIA3030001120 ?rst 94 hours of training. The Service Provider shall provide the training format and subjects, for approval by the COTR and CO, prior to the commencement of training. F. Basic First Aid and CPR Training All members of the Service Provider?s security staff shall be trained in basic ?rst aid and CPR. They must have the ability to demonstrate: Respond to emergency situations within four minutes. Perform cardiopulmonary resuscitation (CPR). Recognize warning signs of impending medical emergencies. Know how to obtain medical assistance. Recognize signs and of mental illness. Administer medication. Know the universal precautions for protection against blood-bome diseases. G. Supervisory Training 1. All new Supervisory Of?cers assigned to perform work under this Agreement shall successfully complete a minimum of 40 hours of formal supervisory training provided by the Service Provider prior to assuming duties. This training is in addition to mandatory training requirements for Of?cers. Supervisory training shall include the following management areas: a. Techniques for issuing written and verbal orders 2 HRS b. Uniform clothing and grooming standards 1 HR c. Security Post Inspection procedures 2 HRS d. Employee motivation 1 HR e. Scheduling and overtime controls 2 HRS f. Managerial public relations 4 HRS g. Supervision of detainees 4 h. Other County policies 4 HRS Additional classes are at the discretion of the Service Provider with the approval of the COTR. The Service Provider shall submit documentation to the COTR, to con?rm that each supervisor has received basic training as speci?ed in the basic training curriculum. [GSA-Attachment A Page 7 of 9 DROIGSA-10-0001 H. Pro?ciency Testing - The Service Provider shall give each Of?cer and Custody staff a written examination consisting of at least 25 questions after each classroom-training course is completed. The Service Provider may give practical exercises when appropriate. The COTR shall approve the questions before the Service Provider can administer the examination. To pass any examination, each of?cer and custody staff must achieve a score of 80% or better. The Service Provider shall provide the COTR with the eligible Of?cer or Custody staff?s completed exam before the Of?cer or Custody staff may be assigned to duties under the Agreement. Should an employee fail the written test on the initial attempt, he or she shall be given additional training by the Service Provider and be given one additional opportunity to retake the test. If the employee fails to complete and pass the test the second time, the Service Provider shall remove the employee from duties on this Agreement. 1. Certi?ed Instructors - Certi?ed instructors shall conduct all instruction and testing. A state or nationally recognized institution shall certify instructors unless otherwise approved in writing by the COTR. Certi?cations of instructors may be established by documentation of past experience in teaching positions or by successful completion of a course of training for qualifying personnel as instructors. The COTR must approve the instructor prior to the training course. J. Training Documentation 1. The Service Provider shall submit a training forecast and lesson plans to the COTR or ICE designee, on a basis, for the following 60-day period. The training forecast shall provide date, time, and location of scheduled training and afford the COTR observation/evaluation opportunity. 2. The Service Provider shall certify and submit the training hours, type of training, date and location of training, and name of the instructor for each employee to the COTR or ICE designee. V. Establish and Maintain Program for Prevention of Sexual Abuse/Assault The Service Provider shall develop and implement a comprehensive sexual abuse/assault prevention and intervention program. This program shall include training that is given separately to both staff and detainees. VI. Business Permits and Licenses The Service Provider must obtain all required permits and licenses by the date of Agreement award. Throughout the term of this Agreement, the Service Provider shall maintain current permits/business licenses and make copies available for Government Inspection. The Service Provider shall comply with all applicable federal, state, and local laws and all applicable Occupational Safety and Health Administration (OSHA) standards. [GSA-Attachment A Page 8 of 9 ICE.2012FOIA3030001122 VII. Firearms Body Armor: The Service Provider shall comply with their Firearms and Body Armor Policy and comply with all applicable federal, state, and local laws. Federal Government Quality Assurance A. The Govemment?s Quality Assurance Program (QASP) is based on the premise that the Service 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 Service Provider is not a perfect manager and that unforeseen and uncontrollable problems do occur. Good management and use of an adequate Quality Control Plan will allow the facility to operate within acceptable quality levels. B. Each phase of the services rendered under this Agreement is subject to inspection both during the Service Provider?s operations and after completion of the tasks. C. When the Service Provider is advised of any unsatisfactory condition(s), the Service Provider shall submit a written report to the Contracting Of?cer addressing corrective/preventive actions taken. The QASP is not a substitute for quality control by the Service Provider. D. The COTR may check the Service Provider?s performance and document any noncompliance, however, only the Contracting Officer may take formal action against for unsatisfactory performance. E. 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) to determine the quality of services and the total payment due. F. FAILURE TO PERFORM REQUIRED SERVICES. The rights of the Government and remedies described in this section are in addition to all other rights and remedies set forth in this Agreement. Any reductions in the invoice shall re?ect the Agreement? 3 reduced value resulting from the failure to perform required services. (See Attachment - Performance Requirements Summary) END OF DOCUMENT IGSA-Attachment A Page 9 of 9 MEDICAL SERVICES PROVIDED BY FACILITY I. INTRODUCTION FACILITY LOCATION: The Service Provider shall provide detention services for detainees at the following institutions: Theo Lacy Facility James A. Musick Facility 501 The City Drive South 13502 Musick Road Orange, CA 92868 Irvine, CA 92618 The Service Provider shall provide detention services for not more than 72 hours at the following institution: Intake Release Center (IRC) 550 N. Flower Street Santa Ana, CA 92703 11. SERVICES PROVIDED AT THE INTAKE RELEASE CENTER A. Triage Medical and Mental Health Screening. Information from the Triage process will be one of the factors used in determining the housing location of the ICE detainee (either at Theo Lacy or James A. Musick). Initiate medical and/or mental health chart as needed Assessment of medical and/or mental health condition. Prescribe medications and other treatments as needed Up to 72-hour hold for the following (depending on bed availability): 1. ICE detainees found during the Triage process to have medical or mental health conditions that may reasonably be stabilized within 72 hours. 2. ICE detainees with mental health conditions requiring specialized housing pending transfer by ICE to another Service Provider 3. ICE detainees during the course of their detention experience acute onset or worsening of medical or mental health conditions that cannot be accommodated by the Service Provider and are pending transfer by ICE to another Service Provider. Services Provided at Theo Lacy This is a male only facility. Summarized below are examples of the types of conditions/diseases/ailments that can be treated/accommodated based upon the local inmate- patient population. The ?nal determination for medical conditions which will be accepted will be at the discretion of the CMS Medical Director or his designee. Any chronic medical condition/disease state that can be reasonably managed in an outpatient ambulatory care setting, including but not limited to: A. Asthma B. Hypertension Attachment I - Medical Services Provided by Facility Page 1 of 3 ICE.2012FOIA3030001124 DROIGSA- 0-0001 C. Type I and II Diabetes Mellitus D. if medication is approved by ICE and cost of the medication is reimbursed to the Service Provider in accordance with Article ID of this Agreement. E. Communicable diseases (CDs)[Caveat: Accommodation of detainees with CDs that require contact isolation only as a control measure will be dependent upon the availability of single-celled housing at that facility] Patients/Detainees that require temporary use of walkers, crutches, casts, and wheelchairs Detoxi?cation for acute mild alcohol and opiate withdrawals (Not long-term detoxi?cation treatment) In-dwelling urinary catheters Hunger Strikes (due to time commitment and required documentation, only 2 Hunger Strike detainees will be accepted at a time without staf?ng revision) Ambulatory Post Surgical Care Minor wound care CPAP Treatment (this will be dependent on the availability of electrical outlets in the module) M. Physical disability requiring minimal assistance with activities of daily living (ADLs) N. Coumadin therapy if medication is approved by ICE and cost of the medication is reimbursed to the Service Provider in accordance with Article ID of this Agreement. rm 571-? IV. Services Provided at James A. Musick This facility accommodates both male and female ICE detainees. ICE detainees housed at the James A. Musick facility must be ambulatory and have relatively low medical or mental health needs. The ?nal determination for medical conditions which will be accepted will be at the discretion of the CMS Medical director or his designee. V. Medical Refusals for ICE Detainees Summarized below are examples of the types of conditions/diseases/ ailments which cannot be accommodated for ICE detainees at the Theo Lacy and James A. Musick facilities. The ?nal determination for refusals will be at the discretion of the CMS Medical Director or his designee. The following are examples of general conditions which may warrant a decision of medical refusal by the Service Provider: If the below issues are resolved, the ICE detainee can be re- evaluated for medical acceptance or re-entry: Conditions requiring acute hospitalization and/or ?around the clock? monitoring End stage medical disease states that have resulted in signi?cant physical disability and/or incapacitation of the ICE detainee. Infectious disease conditions during the communicable phase of disease that require airborne infection isolation, i.e. tuberculosis, acute varicella (chickenpox), etc. Demonstrable suicidal, homicidal, self-mutilating or gravely behavior and/or ideations Mental health conditions/disease states that require specialized housing. VI. Hospital/Out-Patient Provider/Emergech Transport Services Attachment I - Medical Services Provided by Facility Page 2 of 3 ICE.2012FOIA3030001125 DROIGSA- 0-0001 . ICE detainees who are not accepted into the custody of the Service Provider during the course of the triage process because of a need for immediate hospitalization shall be taken by ICE to its contracted hospital. Service Provider shall not be responsible for completing a Treatment Authorization Request (TAR) in instances in which the ICE detainee was not accepted into the custody of the Service Provider. . If ICE detainees are determined during the course of their detention to require hospitalization, medical transportation shall be coordinated by the Service Provider to a hospital willing to accept ICE reimbursement and payment conditions. The Service Provider shall comply with all Department of Immigration Health Services (DIHS) Treatment Authorization Request (TAR) procedures. . ICE detainees requiring off-site medical services shall be transported by the Service Provider to receive the required medical care. The Service Provider shall comply with all DIHS TAR procedures. . The cost of all medical services provided off-site shall be the responsibility of ICE. Attachment I - Medical Services Provided by Facility Page 3 of 3 ICE.2012FOIA3030001126 Performance Requirements Summary DROIGSA- . FUNCTIONAL AREAI PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Accommodations for Performance - Annual review of facility Performance fully A rating of De?cient on any the Disabled, 4- measures are using Detention complies with all three of the standards will ALDF-SB-04. 4- re?ected in the Management Control elements of standard result in a 10% withholding monitoring Program (DCMP) at a level no less than in the invoiced per-diam instrument that procedures and based upon acceptable (see day rate until - - - Contractor Quality accompanies each the performance standard Section 7 of the compliance with the AdmlnIStratlon and Control] Assurance standard or in the - Periodic reviews in QASP) standard is established. 0 Program (Cantract) supplemental accordance with the management 0 4-ALDF-7D-02 performance contract performance A rating of At-Risk on any of Admission and monitoring tool monitoring tool (see the standards will result in a (Addresses facility poncy . . issued by the COTR attached) 10% withholding r-diem development, lntemal Inspection and (ice Standardaction plan results. day rate until compliance getame r_ecord?? - Ad-hoc reviews as needed with the standard is and orientatlon, - Review of service provider's established. personal property and monies, Rme'josr'gS/f) qualitty gontrol prrtogram - 1 release and accommodations for the Detention Files (ICE . 83;; "9 rel? 5 d'sab'ed) Standard) ocliblpartners/drolops manual/DententFiles. Pdf) Detainee Handbook (ICE Standard) oclib/partners/dro/ops lntemal Inspections and/or Reviews/ Detention Management Control Program (ICE Standard) Funds Personal Property (ICE Standard) oclib/partners/dro/ops manual/fundprop.pdf IGSA Attachment Page 1 of 9 4001 Performance Requirements Summary FUNCTIONAL PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Policy Development and Monitoring 4- ALDF-7D-06 Communicable Performance - Annual review of facility Performance fully A rating of De?cient on any Disease 4-ALDF-4C- measures are using Detention complies with all two of the standards will re?ected in the Management Control elements of standard result in a 15% withholding Detainee Hunger monitoring Program (DCMP) at a level no less than in the invoiced per diem Strikes (ICE instrument that procedures and based upon acceptable (see day rate until Health care Standslid) accompanies each the performance standard Section 7 of the compliance with the (Addresses overall access to routine, chronic health care, mental health, emergency health and dental services provided by the institution ocliblpartners/dro/ops manual/hunger.pdf) Experimental Research 4D-18 Medical, Dental. and Mental Health Appraisals/Medical Care Standard) ocliblpartners/dro/ops manual/medical.pdf) Suicide Prevention (ICE Standard) ocliblpartners/dro/ops manuallsuciprevpdf) Terminal Illness. Advanced Directives and Death (ICE Standard) ocliblpartners/dro/ops manual/terminal.de standard or in the supplemental performance monitoring tool issued by the COTR - Periodic reviews in accordance with the attached performance monitoring tool - review of corrective action plan results. - Ad-hoc reviews as needed - CDRs QASP) standard is established. A rating of At-Risk on any of the standards will result in a 15% withholding in the invoiced per-diem day rate until compliance with the standard is established. - Attachment Page 2 of 9 Performance Requirements Summary DROIGSA- . FUNCTIONAL AREAI PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Detainee Searches 4- Performance - review of corrective Performance fully Security and Control (Addresses post orders, permanent logs, security features, security inspections. control of contraband, detainee searches, detainee accountability, use of force, non-routine use of restraints, tool and equipment control, detainee discipline, supervision for special housing, contingency and emergency plans) ALDF-ZC-01-06 Detainee Accountability Supervision I Population Counts (ICE Standard) oclib/partners/dro/ops manual/populade Use of Force (ICE Standard) oclib/partners/dro/ops manual/useofforpdf) Detainee Transfers (ICE Standard) oclib/partners/dro/ops nal.pdf) Tool and Equipment Control (ICE Standard) ice.gov/d oclib/partners/dro/ops manual/toolcnt.pdf) Weapon Control 4- ALDF-23-04, 4- 4- ALDF-7B-14 Detainee Discipline (ICE Standard) (http://wwicegovld oclib/partners/dro/ops manual/discip.pdf) Special Management Unit- Administrative Segregation (ICE Standard) oclib/partners/dro/ops measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR - Annual review of facility using Detention Management Control Program (DCMP) procedures and based upon the performance standard - Periodic reviews in accordance with the contract performance monitoring tool (see attached) action plan results. - Ad-hoc reviews as needed - CDRs - Review of service provider's quality control program monitoring reports and output data complies with all elements of standard at a level no less than acceptable (see Section 7 of the QASP) A rating of De?cient on any three of the standards will result in a 25% withholding in the invoiced per- diem day rate until compliance with the standard is established. A rating of De?cient on any two of the standards will result in a 15% withholding in the invoiced per-diam day rate until compliance with the standard is established. A rating of At-Risk on any of the standards will result in a 25% withholding in the invoiced per-diem day rate until compliance with the standard is established. IGSA - Attachment Page 3 of9 ICE. 12FOIA3030001129 Performance Requirements Summary DROIGSA- . J001 FUNCTIONAL AREAI WEIGHT PERFORMANCE STANDARD PERFORMANCE MEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHHOLDING CRITERIA Special Management Unit-Disciplinary Segregation (ICE Standard) oclib/partners/drolops manual/smu dis.pdf) Contingency/Emerge ncy Plan (ICE Standard) oclib/partners/dro/ops manual/emeege.pdf) Hold Rooms in Detention Facilities (ICE Standard) oclib/partners/dro/ops Control of Contraband (ICE Standard) oclib/partners/dro/ops manuaUcontra.pdf) Post Orders (ICE ice.govldocliblpartner s/dro/opsmanual/post ord.pdf) Permanent Logs 4- ALDF-2A-1 1 Security Features (ICE Standard) manuallkeylock.pdf) Security Inspections and/or Reviews (ICE Standard) ocliblpartners/dro/ops manual/secuinsp.pdf) Sexual Assault 4- ALDF-40-22-8 IGSA - Attachment Page 4 of 9 Performance Requirements Summary DROIGSA-. FUNCTIONAL WEIGHT PERFORMANCE STANDARD PERFORMANCE MEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHHOLDING CRITERIA Transportation (Land Transportation) (ICE Standard) ice.govld oclib/partners/dro/ops manual/transp.pdf) Weapons Control 4- ALDF-ZB-O4. 4- ALDF-ZB-OB, 4- ALDF-7B-14 Food Service (Addresses basic sanitation and adequacy of varied meals and special diets provided to detainees) Environmental Health Safety (ICE Standard) oclib/partners/dro/ops manual/envirom.pdf) Food Service Standards Standard) manual/FoodService. Pdf) Performance measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR - Annual review of facility using Detention Management Control Program (DCMP) procedures and based upon the performance standard Periodic review in accordance with the attached performance monitoring tool - review of corrective action plan results. - Ad-hoc reviews as needed - CDRs Performance fully complies with all elements of standard at a level no less than acceptable (see Section 7 of the QASP) A rating of De?cient on any of the standards will result in a 10% withholding in the invoiced per-diem day rate until compliance with the standard is established. A rating of At-Risk on any of the standards will result in a 10% withholding in the invoiced per-diem day rate until compliance with the standard is established. IGSA - Attachment Page 5 of 9 ICE.2 12FOIA3030001131 Performance Requirements Summary J001 FUNCTIONAL PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Detainee Grievances Performance - Annual review of facility Performance A rating 0f De?Cient 0? any Staff and Detainee Communication (ICE Standard) manual/griev.pdf) measures are re?ected in the monitoring instrument that accompanies each standard or in the using Detention Management Control Program (DCMP) procedures and based upon the performance standard complies with all elements of standard at a level no less than acceptable (see Section 7 of the QASP) two of the standards will result in a 2.5% withholding in the invoiced per- diem day rate until compliance with the standard is established. Diversity Training 4- supplemental . periodic reviews in 4- performance accordance with the A rating of At-Risk on any of (Addresses methods of monitoring tool attached performance the standards in a communicating with detainees, Issued by the monitoring tool 2.5% Withholding in the detention/correctional staff training in St ff . COTR - review of mommy '"V9lced pef'd'em - - - - a We? corrective action ran day rate until compliance dwersuty, and the detainee grievance Communmuon (.05 .th . process) Standard) resu'is- brehs 3" ar '5 Ad-hoc reviews as es 3 '5 oclib/partners/dro/ops needed manual/StaffDetaine . CDRS e.Communication.pdf) EnViwnmenta' Hea'th Performance - Annual review of facility Performance fully A rating of Deficient on any measures are using Detention complies with all two of the standards will . re?ected in the Management Control elements of standard result in a 10% withholding s_afe_ty and monitoring . Program (DCMP) at a level no less than in the invoiced per- Sanitation instrument that procedures and based acceptable (see diem day rate until (Addresses the adequacy of ?re safety programs, the control of dangerous materials. the general facility environment (including air quality. noise levels. and sanitation and hygiene programs), the adequacy of clothing and bedding, and from infectious diseases) manual/fenvirom.pdf) Clothing and Bedding (ICE Standard) oclib/partners/dro/ops manual/cloth.pdf) accompanies each standard or in the supplemental performance monitoring tool issued by the COTR upon the performance standard - Periodic reviews in accordance with the attached performance monitoring tool - review of corrective action plan results. Section 7 of the QASP) compliance with the standard is established. A rating of At?Risk on any of the standards will result in a 10% withholding in the invoiced per-diem day rate until compliance with the standard is Ad-hoc reviews as established. needed - CDRs IGSA - Attachment Page 6 of 9 Performance Requirements Summary FUNCTIONAL PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Access to Legal Material (ICE Performance - Annual review of facility Performance fully A rating of De?cient on any Standard) measures are using Detention Management complies with all three of the standards will result Services and Programs (Addresses detainee security classi?cation. religious practices, work assignments. availability of exercise programs, access to legal materials. access to legal representation, access to a telephone, the handling of detainee mail and other correspondence. and visitation privileges) manual/legal.de Classification, Review, and Housing (ICE Standard) oclib/partners/dro/ops manuallclassifpdf) Detainee Mail Correspondence (ICE Standard) ice.gov/d ocliblpartners/drolops manual/corresp.pdf) Group Legal Representation (ICE Standard) oclib/partners/dro/ops manual/grplegal.pdf) Marriage Requests (ICE Standard) oclib/partners/dro/ops manuallmarreq.pdf) Non-Medical Emergency Escorted Trips (ICE Standard) ocliblpartners/dro/cps manual/escort.de Recreation (ICE Standard) ocliblpartners/dro/ops manual/recreatde re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR Control Program (DCMP) procedures and based upon the performance standard - Periodic reviews in accordance with the contract performance monitoring tool (see attached) - review of corrective action plan results. Ad-hoc reviews as needed - Review of service provider's quality control program monitoring reports 0 CDRs elements of standard at a level no less than acceptable (see Section 7 of the QASP) in a 10% withholding in the invoiced per-diam day rate until compliance with the standard is established. A rating of At-Risk on any of the standards will result in a 10% withholding in the invoiced per-diam day rate until compliance with the standard is established. IGSA - Attachment teem 12FOIA3030001133 Performance Requirements Summary d001 FUNCTIONAL WEIGHT PERFORMANCE STANDARD PERFORMANCE MEASURE METHOD OF SURVEILLANCE ACCEPTABLE QUALITY LEVEL WITHHOLDING CRITERIA Religious Practices (ICE Standard) oclib/partners/dro/ops manual/cloth.pdf) Telephone Access (ICE Standard) ocliblpartners/dro/ops manual/teleacc.pdf) Voluntary Work Program (ICE Standard) oclib/partners/dro/ops manual/work.de Visitation Privileges (ICE Standard) oclib/partners/drolops manual/visit.pdf) Workforce Integrity (1 (Addresses the adequacy of the detention/correctional of?cer hiring process. staff training and licensing! certi?cation and adequacy of systems to report and address staff misconduct) Staff Background and Reference Checks (Contract) 4-ALDF- 7B-03 Staff Misconduct 4- ALDF-7B-01 Staf?ng Pattern Compliance within 10% of required (Contract) 4-ALDF- 2A-14 Staff Training, Licensing. and Performance measures are re?ected in the monitoring instrument that accompanies each standard or in the supplemental performance monitoring tool issued by the COTR - Annual review of facility using Detention Management Control Program (DCMP) procedures and based upon the performance standard - Periodic reviews in accordance with the attached contract performance monitoring tool - review of corrective Performance fully complies with all elements of standard at a level no less than acceptable (See section 7 of the QASP) A rating of De?cient on any three of the standards will result in a 15% withholding in the invoiced per- diem day rate until compliance with the standard is established. A rating of At-Risk on any of the standards will result in a 15% withholding in the invoiced per-diem day rate until compliance with the standard is CfEdentia'ing action plan results. established. Ad-hoc reviews as 05, 4-ALDF-7B-08 P233: IGSA - Attachment Page 8 of 9 Performance Requirements Summary DROIGSA- . - FUNCTIONAL PERFORMANCE PERFORMANCE METHOD OF ACCEPTABLE WITHHOLDING WEIGHT STANDARD MEASURE SURVEILLANCE QUALITY LEVEL CRITERIA Discrimination Performance - Annual review of facility Performance fully A ratin of De?cient on the Prevention 4-ALDF- 68- measures are using Detention Management complies with all gd I - 02-03 re?ected in the Control Program (DCMP) elements of standard at Egg/0 Detalnee monitoring instrument procedures and based upon a level no less than . . d. . . . . that accompanies the performance standard acceptable (see Section mo" pe_r' 'em on each standard or in 0 Periodic reviews in 7 of the QASP) dsy rate Um" comPI'ance (2 50/ the supplemental accordance with the attached WIth the standard Is 0 performance performance monitoring tool established. (Addresses the adequacy 0f monitoring tool issued (see attached) policies and procedures to prevent by the COTR - review of corrective A rating of At.Risk on any of discrimination against detainees based on their gender. race, religion, national origin, or disability) action plan results. Ad-hoc reviews as needed -CDRs the standards will result in a 2.5% withholding in the invoiced per-diem day rate until compliance with the standard is established. IGSA - Attachment Page 9 of 9 ICE.2012FOIA3030001135 0?0001 Transportation Routes Mileage (round Estimated Route Destination Address F?gp?gf: trip per Number of Map Detainees Quest) 1 Immigration Courts (from Theo Lacy) 606 South Olive Street, Los Angeles, CA 90012 Daily 62.4 40 OR 2 Immigration Courts (from Musick) 606 South Olive Street, Los Angeles, CA 90012 Daily 93,8 40 3 From Theo Lacy Santa Ana. CA 90012 Daily 4.1 15 4 From James A. Musick Santa Ana, CA 90012 Daily 14.6 15 5 From Theo Lacy 45100 North 60th Street West, Lancaster, CA 93536 As needed 103 10 6 From James A. Musick 45100 North 00'h Street West, Lancaster. CA 93536 As needed 121 10 Note: The round-trip mileage numbers are merely estimates; actual mileage may differ. These proposed routes are subject to change to suit Orange County operational needs. The COTR may direct the Service Provider to transport detainees t0 unspeci?ed, miscellaneous locations not listed on the transportation Routes. AttaChnlent Of 1 1 0?0001 QUALITY ASSURANCE SURVEILLANCE PLAN for the IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) OFFICE OF DETENTION AND REMOVAL (DRO) 1. INTRODUCTION The Government?s Quality Assurance Surveillance Plan (QASP) is based on the premise that the service provider, and not the Government, is responsible for the day-to-day operation of the facility and all the management and quality control actions required to meet the terms of the contract. The role of the Government in quality assurance is to ensure performance standards are achieved and maintained. The service provider is required to develop a comprehensive program of inspections and monitoring actions and to document its approach in a Quality Control Plan (QCP). The service provider?s QCP, upon approval by the Government, will be made a part of the resultant agreement. This QASP is designed to provide an effective surveillance method to monitor the service provider?s performance relative to the requirements listed in the agreement. The QASP illustrates the systematic method the Government (or its designated representative) will use to evaluate the services the service provider is required to furnish. This QASP is based on the premise the Government must validate that the service provider is complying with BRO-mandated quality standards in operating, maintaining, and repairing detention facilities. Performance standards address all facets of detainee handling, including safety, health, legal rights, facility and records management, etc. Good management by the service provider and use of an approved QCP will ensure that the facility is operating within acceptable quality levels. 2. DEFINITIONS Performance Requirements Summary (Attachment D): The Performance Requirements Summary (PRS) communicates what the Government intends to qualitatively inspect. The PRS is based on the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF) and ICE National Detention Standards (NDS). The PRS identi?es performance standards grouped into nine functional areas, and quality levels essential for successful performance of each requirement. The PRS is used by the Government (or its designated representative) when conducting quality assurance surveillance to guide them through the inspection and review processes. Functional Area: A logical grouping of performance standards. Contracting Of?cer?s Technical Representative (COTR): The COTR interacts with the service provider to inspect and accept services/work performed in accordance with the technical standards prescribed in the agreement. The Contracting Of?cer issues a written memorandum that appoints the COTR. Other individuals may be designated to assist in the inspection and quality assurance surveillance activities. Performance Standards: The performance standards are established in the IGSA - Attachment Page 1 of 7 ICE.2012FOIA3030001137 DRO ICE NDS and contained in the Detention Operations Manual, at as well as the ACA standards for ALDF. Other standards may also be de?ned in the agreement. Measures: The method for evaluating compliance with the standards. Acceptable Quality Level: The minimum level of quality that will be accepted by the Government in order to meet the performance standard. Withholding: Amount of invoice payment withheld pending correction of a de?ciency. See Attachment 1 for information on percentage of invoice amount that may be withheld for each functional area. Funds withheld from payment are recoverable (See Sections 7 and 8) if the COTR and Contracting Of?cer con?rm resolution/correction, and should be included in the next month?s invoice. Deduction: Funds may be deducted from a invoice for an egregious act or event, or if the same de?ciency continues to occur. The service provider will be noti?ed immediately if such a situation arises. The Contracting Of?cer in consultation with the Program Of?ce will determine the amount of the deduction. Amounts deducted are not recoverable. 4. QUALITY CONTROL PLAN: As a part of its agreement with the Government, the service provider is required to develop, implement, and maintain a Quality Control Plan (QCP) that illustrates the methods it will use to review its performance to ensure it conforms to the performance requirements. (See Attachment 1 for a summary list of performance requirements.) Such reviews are performed by the service provider in order to validate its operations, and assure the Government that the services meet the performance standards. The service provider?s QCP should include monitoring methods that ensure and demonstrate its compliance with the performance standards. This includes inspection methods and schedules that are consistent with the regular reviews conducted by DRO. The reports and other results generated by the service provider?s QCP activities should be provided to the COTR as requested. The frequency and type of the service provider?s reviews should be consistent with what is necessary in order to ensure compliance with the performance standards, but no less frequent than what is described in the Government?s monitoring instrument/worksheets (See Attachment 3). The service provider is encouraged not to limit its inspection to only the processes outlined in the Government?s standard; however, certain key documents must be produced by the provider to assure the Government that the services meet the performance standards. Some of the documentation that must be generated and made available to the COTR for inspection is listed below. The list is intended as illustrative and is not all-inclusive. The service provider must develop and implement a program that addresses the speci?c requirement of each standard and the means it will use to document compliance. IGSA - Attachment Page 2 of 7 ICE.2012FOIA3030001138 - Written policies and procedures to implement and assess operational requirements of the standard 0 Documentation and record keeping to ensure ongoing operational compliance with the standards inventories, logbooks, register of receipts, reports, etc.) 0 Staff training records 0 Contract discrepancy reports (CDRs) - Investigative reports 0 Medical records - Records of investigative actions taken 0 Equipment inspections System tests and evaluation 5. METHODS OF SURVEILLANCE The Government will inspect the service provider?s facility and operations using worksheets it developed for this purpose. All facilities will be subject to an annual full facility review using the procedures outlined in the Detention Management Control Program (DMCP) as well as the ACA Standards for Adult Local Detention Facilities (ALDF). The Government?s annual full facility reviews will use the monitoring instruments embedded in the standards. Facilities with 500 beds or more have an on-site COTR and/or designees who will perform regular and more frequent inspections using the worksheet in Attachment 3. This worksheet, which distills some 600 review areas included in the standards, will help the COTR or designee assess overall performance, by reviewing specific items within the 9 functional areas on a daily, weekly, and/or quarterly basis. Both annual and routine inspections will include a review of the service provider?s QCP activities including the reports and results generated by them. The COTR or designee will evaluate the service provider?s performance by conducting site visits to assess the facility and detainee conditions, reviewing documentation, and interviewing the service provider?s personnel and/or detainees. NOTE: For day-to-day activities, the Government will conduct its surveillance using the worksheets created for this purpose, along with the Contract De?ciency Reports See Attachment 2) and the ?Contract Performance Monitoring Tool? set forth in Attachment 3. Where standards are referenced for annual review purposes, the ?Monitoring Instruments? and ?Veri?cation Sources? identi?ed in the DRO standard will be used. 5.1 Site Visits: Site visits are used to observe actual performance and to conduct interviews to determine the extent of compliance with performance standards, and to ensure any noted defects are effectively addressed and corrected as quickly as possible. Sites with 500+ beds will have an on-site COTR designee. Routine reviews may involve direct observation of the service provider personnel performing tasks, interacting with detainees and other staff members, and/or reviewing documentation that demonstrates compliance with the DRO standards. On-site inspections may be performed by the ICE COTR or by other parties designated as representatives of ICE. Inspections may be planned annual inspections and the regular inspections identi?ed in Attachment 3) or ad-hoc. IGSA - Attachment Page 3 of 7 DROIGSA- 0-0001 5.2 Ad-Hoc: These inspections are unscheduled and will be conducted as a result of special interests arising from routine monitoring of the service provider?s QCP, an unusual occurrence pertaining to the agreement or other ICE concerns. These inspections may also be used as a follow-up to a previous inspection. Inspection ?ndings will be provided to the service provider as appropriate. When visiting a site, either the COTR or a designated third party may conduct their own inspections of service provider performance activities, or accompany the service provider?s designated Quality Control Inspector (QCI) on scheduled inspections. The COTR may also immediately inspect the same area as soon as the QCI has completed the quality control inspection to determine if any surveillance areas were overlooked. The COTR may also inspect an area prior to the QCI and compare results. The COTR will record all ?ndings; certain de?ciencies noted will be provided in writing and must be corrected within a reasonable amount of time (See Attachment 2). 5.3 Review of Documentation: The service provider must develop and maintain all documentation as prescribed in the performance standards post logs, policies, and records of corrective actions). In addition to the documentation prescribed by the standards, the service provider must also develop and maintain documentation that demonstrates the results of its own inspections as prescribed in its QCP. The COTR will review both forms of documentation to af?rm that the facility conditions, policies/procedures, and handling of detainees all conform to the performance standards stated herein. When reviewing the service provider?s documentation, the Government may review 100% of the documents, or a representative sample. Documentation may be reviewed during a site visit, or at periodic points throughout the period of performance. 5.4 Interviews and Other Feedback: The COTR will interview key members of the service provider?s staff, detainees and other Government personnel to ascertain current practices and the extent of compliance with the performance standards. 6. FUNCTIONAL PERFORMANCE AREAS AND STANDARDS To facilitate the performance review process, the required performance standards are organized into nine functional areas. Each ?mctional area represents a proportionate share weight) of the invoice amount payable to the service provider based on meeting the performance standards. Payment withholdings will be based on these percentages and weights applied to the overall invoice. ICE may, consistent with the scope the agreement, unilaterally change the functional areas and associated standards af?liated with a speci?c functional area. The Contracting Of?cer will notify the service provider at least 30 calendar days in advance of implementation of the new standard(s). If the service provider is not provided with the noti?cation, adjustment to the new standard must be made Within 30 calendar days after noti?cation. If any change affects pricing, the service provider may submit a request for equitable price adjustment in accordance with the ?Changes? clause. ICE reserves the right to develop and implement new inspection techniques and instructions at any time during performance without notice to the service provider, so long as the standards are not more stringent than those being replaced. IGSA - Attachment Page 4 of 7 ICE.2012FOIA3030001140 0-0001 7. FAILURE TO MEET PERFORMANCE STANDARDS Performance of services in conformance with the PRS standards is essential for the service provider to receive full payment as identi?ed in the agreement. The Contracting Of?cer may take deductions against the invoices for unsatisfactory performance documented through surveillance of the service provider?s activities gained through site inspections, reviews of documentation (including QCP reports), interviews and other feedback. As a result of its surveillance, the service provider will be assigned the following rating relative to each performance standard: Rating Description Acceptable Based on the measures, the performance standard is demonstrated. De?cient Based on the measures, compliance with most of the attributes of the performance standard is demonstrated/observed with some area(s) needing improvement. There are no critical areas of unacceptable performance At-Risk Based on the performance measures, the majority of a performance standard?s attributes are not met. Using the above standards as a guide, the Contracting Of?cer will implement adjustments to the service provider?s invoice as prescribed in Attachment 1 Rather than withholding funds until a de?ciency is corrected, there may be times when an event or a de?ciency is so egregious that the Government deducts (vs. ?withholds?) amounts from the service provider?s invoice. This may happen when an event occurs, such as sexual abuse, when a particular de?ciency is noted 3 or more times without correction, or when the service provider has failed to take timely action on a de?ciency about which he was properly and timely noti?ed. The amount deducted will be consistent with the relative weight of the functional performance area where the de?ciency was noted. The deduction may be a one-time event, or may continue until the service provider has either corrected the de?ciency, or made substantial progress in the correction. Further, a de?ciency found in one functional area may tie into another. If a detainee escaped, for example, a de?ciency would be noted in ?Security and Control,? but may also relate to a de?ciency in the area of ?Administration and Management.? 8. NOTIFICATIONS Based on the inspection of the service provider?s performance, the COTR will document instances of de?cient or at-risk performance noncompliance with the standard) using the CDR located at Attachment 2. To the extent practicable, issues should be resolved informally, with the COTR and service provider working together. When documentation of an issue or de?ciency is required, the procedures set forth in this section will be followed. Attachment Page 5 of 7 DROIGSA- 0-0001 When a CDR is required to document performance issues, it will be submitted to the service provider with a date when a response is due. Upon receipt of a CDR, the service provider must immediately assess the situation and either correct the de?ciency as quickly as possible or prepare a corrective action plan. In either event, the service provider must return the CDR with the action planned or taken noted. After the COTR reviews the service provider?s response to the CDR including its plan/remedy, the COTR will either accept plan or correction or reject the correction/plan for revision and provide an explanation. This process should take no more than one week. The CDR should not be used as a substitute for quality control by the service provider. (0) The COTR and CO, in addition to any other designated ICE of?cial, shall be noti?ed immediately in the event of all emergencies. Emergencies include, but are not limited to the following: activation of disturbance control team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work-place violence, civil disturbances/ protests); staff use of force including use of lethal and less-lethal force (includes inmates in restraints more than eight hours); assaults on staff/inmates resulting in injuries requiring medical attention (does not include routine medical evaluation after the incident); ?ghts resulting in injuries requiring medical attention; ?res; full or partial lock down of the facility; escape; weapons discharge; suicide attempts; deaths; declared or non-declared hunger strikes; adverse incidents that attract unusual interest or signi?cant publicity; adverse weather hurricanes, ?oods, ice/snow storms, heat waves, tornadoes); fence damage; power outages; bomb threats; central inmate monitoring cases admitted to a community hospital; witness security cases taken outside the facility; signi?cant environmental problems that impact the facility operations; transportation accidents (airlift, bus, etc.) resulting in injuries, death or property damage; and sexual assaults. Note that in an emergency situation, a CDR may not be issued until an investigation has been completed. If the COTR concludes that the de?cient or at-risk performance warrants a withholding or deduction, the COTR must include the CDR in its report to DRO Headquarters, with a copy to the Contracting Of?cer. The CDR must be accompanied by the investigation report and written recommendation for any withholding. If contractual action including a withholding or deduction is appropriate, DRO headquarters will forward the CDR and supporting information to the Contracting Of?cer for action. The Contracting Of?cer will consider the recommendation and forward the CDR along with any relevant supporting information to the service provider in order to con?rm or further discuss the prospective cure, including the Government?s proposed course of action. As described in section 7 above, portions of the invoice amount may be withheld until such time as the corrective action is completed, or a deduction may be taken Following receipt of the service provider?s noti?cation that the correction has been made, the COTR may re-inspect the facility. Based upon the ?ndings, he will recommend that the Contracting Of?cer continue to withhold a proportionate share of the payment until the correction is made, or accept the correction as ?nal and release the amount withheld for that issue. ?in. IGSA - Attachment Page 6 of 7 ICE.2012FOIA3030001142 0?0001 (1) If funds have been withheld and either the Government or the service provider terminates the agreement, those funds Will not be released. The service provider may only receive withheld payments upon successful correction of an instance of non-compliance. Further, the service provider is not relieved of full performance of the required services hereunder; the agreement may be terminated upon adequate notice from the Government based upon any once instance, or failure to remedy de?cient performance, even if a deduction was previously taken for any inadequate performance. The COTR will maintain a record of all open and resolved CDRs. 9. OF PUBLIC COMPLAINTS: The detainee and the public are the ultimate recipients of the services identi?ed in this agreement. Any complaints made known to the COTR will be logged and forwarded to the service provider for remedy. Upon noti?cation, the service provider will be given a pre-speci?ed number of hours after verbal noti?cation from the COTR to address the issue. The service provider will submit documentation to the COTR regarding the actions taken to remedy the situation. If the complaint is found to be invalid, the service provider will document its ?ndings and notify the COTR. 10. ATTACHNIENTS IGSA - Attachment Page 7 of 7 - 0-0001 TITLE 29--LABOR PART STANDARDS FOR FEDERAL SERVICE of Contents Subpart A Service Contract Labor Standards Provisions and Procedures Sec. 4.6 Labor standards clauses for Federal service contracts exceeding $2,500. The clauses set forth in the following paragraphs shall be included in full by the contracting agency in every contract/Inter-Governmental Service Agreement (IGSA) entered into by the United States or the District of Columbia, in excess of $2,500, or in an indefinite amount, the principal purpose of which is to furnish services through the use of service employees: Service Contract Act of 1965, as amended: This contract/IGSA is subject to the Service Contract Act of 1965 as amended (41 U.S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued there under (29 CFR part 4). Each service employee employed in the performance of this Contract/IGSA by the contractor or any subcontractor shall be paid not less than the minimum monetary wages and shall be furnished fringe benefits in accordance with the wages and fringe benefits determined by the Secretary of Labor or authorized representative, as specified in any wage determination attached to this contract. If there is such a wage determination attached to this Contract/IGSA, the contracting officer shall require that any class of service employee which is not listed therein and which is to be employed under the Contract/IGSA the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed class of employees shall be paid the monetary wages and furnished the fringe benefits as are determined pursuant to the procedures in this section. (ii)Such conforming procedure shall be initiated by the contractor prior to the performance of contract/IGSA work by such unlisted class of employee. A written report of the proposed conforming action, including information regarding the agreement or disagreement of the authorized representative of the employees involved or, where there is no authorized representative, the employees themselves, shall be submitted by the contractor to the contracting officer no later than 30 days after such unlisted class of employees performs any Contract/IGSA work. The contracting officer shall review the proposed action and submit a report of the action, together with the agency's recommendation and all pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. The Wage and Hour Division will approve, modify, or disapprove the action or render a final determination in the event of disagreement within 30 days of receipt or will notify the contracting officer within 30 days of receipt that additional time is necessary. IGSA - Attachment Page 1 of 8 The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall notify the contractor of the action taken. Each affected employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part of the wage determination. The process of establishing wage and fringe benefit rates that bears a reasonable relationship to those listed in a wage determination cannot be [[Page 41]] reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices, which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained between job classifications based on the skill required and the duties performed. (B) In the case of a Contract/IGSA modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a Contract/IGSA under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such conformed classification by indexing adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe benefits specified for all classifications to be used on the Contract/IGSA which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage determination. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of Contract/IGSA work by the unlisted class of employees, the contractor shall advise the contracting officer of the action taken but the other procedures in paragraph (2) (ii) of this section need not be followed. (C) No employee engaged in performing work on this Contract/IGSA shall in any event be paid less than the currently applicable minimum wage specified under section 6(a) of the Fair Labor Standards Act of 1938, as amended. The wage rate and fringe benefits finally determined pursuant to paragraphs and (ii) of this section shall be paid to all employees performing in the classification from the first day on which Contract/IGSA work is performed by them in the classification. Failure to pay such unlisted employees the compensation agreed upon by the interested parties and/or finally determined by the Wage and Hour Division retroactive to the date such class of employees commenced Contract/IGSA work shall be a violation of the Act and this contract.(vi) Upon discovery of failure to comply with paragraphs through of this section, the Wage and Hour Division shall make a final determination of conformed classification, wage rate, and/or fringe benefits which shall be retroactive to the date such class of employees commenced Contract/IGSA work. (3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this Contract/IGSA is more than 1 year, the minimum monetary wages and fringe benefits required to be paid or furnished there under to service employees shall be subject to adjustment after 1 year and not less often than once every 2 years, pursuant to wage determinations IGSA - Attachment Page 2 of 8 DROIGSA- 1 0-0001 to be issued by the Wage and Hour Division, Employment Standards Administration of the Department of Labor as provided in such Act. The contractor or subcontractor may discharge the obligation to furnish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differential payments in cash in accordance with the applicable rules set forth in subpart of 29 CFR part 4, and not otherwise. In the absence of a minimum wage attachment for this contract, neither the contractor nor any subcontractor under this Contract/IGSA shall pay any person performing work under the Contract/IGSA (regardless of whether they are service employees) less than the minimum wage specified by section of the Fair Labor Standards Act of 1938. Nothing in this provision shall relieve the contractor or any subcontractor of any other obligation under [[Page 42]] law or Contract/IGSA for the payment of a higher wage to any employee. (2) If this Contract/IGSA succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this Contract/IGSA setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this Contract/IGSA shall pay any service employee performing any of the Contract/IGSA work (regardless of whether or not such employee was employed under the predecessor contract), less than the wages and fringe benefits provided for in such collective bargaining agreements, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement. No contractor or subcontractor under this Contract/IGSA may be relieved of the foregoing obligation unless the limitations of Sec. 4.lb(b) of 29 CFR part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Sec. 4.10 of 29 CFR part 4 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in Sec. 4.11 of 29 CFR part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/IGSA was not entered into as a result of arm's-length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4.11 and parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/IGSA was not entered into as a result of arm?s-length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the Contract/IGSA or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such issuance occurs prior to or after the award of a Contract/IGSA or subcontract. 53 Comp. Gen. 401 (1973). In the case of a wage determination issued solely as a result of a finding of substantial IGSA Attachment Page 3 of 8 10-0001 variance, such determination shall be effective as of the date of the final administrative decision. The contractor and any subcontractor under this Contract/IGSA shall notify each service employee commencing work on this Contract/IGSA of the minimum monetary wage and any fringe benefits required to be paid pursuant to this contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(this contract. The contractor or subcontractor shall not permit any part of the services called for by this Contract/IGSA to be performed in buildings or surroundings or under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR part 1925. The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs through (vi) of this section for each employee subject to the Act and shall make them available for inspection [[Page 43]] and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the 0.8. Department of Labor: Name and address and social security number of each employee. (ii)The correct work classification or classifications, rate or rates of monetary wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee. The number of daily and weekly hours so worked by each employee. (iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. A list of monetary wages and fringe benefits for those classes of service employees not included in the wage determination attached to this Contract/IGSA but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative pursuant to the labor standards clause in paragraph of this section. A copy of the report required by the clause in Paragraph (2) (ii) of this section shall be deemed to be such a list. (vi) Any list of the predecessor contractor?s employees which had been furnished to the contractor pursuant to Sec. (2) The contractor shall also make available a copy of this Contract/IGSA for inspection or transcription by authorized representatives of the Wage and Hour Division. IGSA - Attachment Page 4 of 8 DROIGSA- 1 0-0001 (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting officer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment or advance of funds until such violation ceases. (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours. The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR part 4), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Act may not be of any duration longer than The contracting officer shall withhold or cause to be withheld from the Government prime contractor under this or any other Government Contract/IGSA with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any further payment or advance of funds until such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Service Contract Act of 1965, may be grounds for termination of the right to proceed with the Contract/IGSA work. In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. The contractor agrees to insert these clauses in this section relating to. the Service Contract Act of 1965 in all Subcontracts subject to the Act. The term contractor as used in these clauses in any subcontract shall be deemed to refer to the subcontractor, except in the term Government prime contractor. As used in these clauses, the term service employee means any person engaged in the performance of this Contract/IGSA other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations, as of July [[Page44)) 30, 1976, and any subsequent revision of those regulations. The term service employee includes all such persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. (2) The following statement is included in contracts pursuant to section 2(for informational purposes only: The following classes of service employees expected to be employed under the Contract/IGSA with the Government would be subject, if employed by the contracting agency, to the provisions of 5 U.S.C. 5341 or 5 U.S.C. 5332 and IGSA - Attachment Page 5 of 8 10-0001 would, if so employed, be paid not less than the following rates of wages and fringe benefits: Employee class wage?fringe benefit GS-05 $14.24 GS-O7 $17.64 Search current rates at If wages to be paid or fringe benefits to be furnished any service employees employed by the Government prime contractor or any subcontractor under the Contract/IGSA are provided for in a collective bargaining agreement which is or will be effective during any period in which the Contract/IGSA is being performed, the Government prime contractor shall report such fact to the contracting officer, together with full information as to the application and accrual of such wages and fringe benefits, including any prospective increases, to service employees engaged in work on the contract, and a copy of the collective bargaining agreement. Such report shall be made upon commencing performance of the contract, in the case of collective bargaining agreements effective at such time, and in the case of such agreements or provisions or amendments thereof effective at a later time during the period of Contract/IGSA performance, such agreements shall be reported after negotiation thereof. (2) Not less than 10 days prior to completion of any Contract/IGSA being performed at a Federal facility where service employees may be retained in the performance of the succeeding Contract/IGSA and subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (Sec. 4.173 of Regulations, 29 CFR part 4), the incumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employees on the contractor's or subcontractor's payroll during the last month of Contract/IGSA performance. Such list shall also contain anniversary dates of employment on the Contract/IGSA either with the current or predecessor contractors of each such service employee. The contracting officer shall turn over such list to the successor contractor at the commencement of the succeeding contract. Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR part 4. By entering into this contract, the contractor (and officials thereof) certifies that neither it (nor he or she) nor any person or firm who has a substantial interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of the sanctions imposed pursuant to section 5 of the Act. (2) No part of this Contract/IGSA shall be subcontracted to any person or firm ineligible for award of a Government Contract/IGSA pursuant to section 5 of the Act. (3) The penalty for making false statements is prescribed in the 0.8. Criminal Code, 18 U.S.C. 1001. IGSA - Attachment Page 6 of 8 DROIGSA- 1 0-0001 (0) Notwithstanding any of the clauses in paragraphs through of this section relating to the Service Contract Act of 1965, the following employees may be employed in accordance with the following variations, tolerances, and exemptions, which the Secretary of Labor, pursuant to section 4(b) of the Act prior to its amendment by Public Law 92-473, found to be necessary and proper in the public interest or to avoid serious impairment of the conduct of Government business: (1)Apprentices, student?learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a) or([Page 45]] of the Service Contract Act without diminishing any fringe benefits or cash payments in lieu thereof required under section 2(a) (2) of that Act, in accordance with the conditions and procedures prescribed for the employment of apprentices, student?learners, handicapped persons, and handicapped clients of sheltered workshops under section 14 of the Fair Labor Standards Act of 1938, in the regulations issued by the Administrator (29 CFR parts 520, 521, 524, and 525). (3) The Administrator will issue certificates under the Service Contract Act for the employment of apprentices, student?learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by the applicable regulations issued under the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525). (4) The Administrator will also withdraw, annul, or cancel such certificates in accordance with the regulations in parts 525 and 528 of title 29 of the Code of Federal Regulations. Apprentices will be permitted to work at less than the predetermined rate for the work they perform when they are employed and individually registered in a bona fide apprenticeship program registered with a State Apprenticeship Agency which is recognized by the U.S. Department of Labor, or if no such recognized agency exists in a State, under a program registered with the Bureau of Apprenticeship and Training, Employment and Training Administration, U.S. Department of Labor. Any employee who is not registered as an apprentice in an approved program shall be paid the wage rate and fringe benefits contained in the applicable wage determination for the journeyman classification of work actually performed. The wage rates paid apprentices shall not be less than the wage rate for their level of progress set forth in the registered program, expressed as the appropriate percentage of the journeyman's rate contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the Contract/IGSA work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. Where an employee engaged in an occupation in which he or she customarily and regularly receives more than $30 a month in tips, the amount of tips received by the employee may be credited by the employer against the minimum wage required by Section or of the Act to the extent IGSA - Attachment Page 7 of 8 DROIGSA- 1 0-0001 permitted by section 3(m) of the Fair Labor Standards Act and Regulations, 29 CFR Part 531. To utilize this provison: (1)The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2)The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer elects to take a credit for tips received); (3) The employer must be able to show by records that the employee receives at least the applicable Service Contract Act minimum wage through the combination of direct wages and tip credit; (4) The use of such tip credit must have been permitted under any predecessor collective bargaining agreement applicable by virtue of section 4(c) of the Act. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract/IGSA shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 4, 6, and 8. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.(The information collection, recordkeeping, and reporting requirements contained in this section have been approved by the Office of Management and Budget under the following numbers: [[Page 46]] Paragraph OMB control number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215-0150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215-0150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215-0017 (vi1215-0150 (1) (11215?0150 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1215-0017 [48 FR 49762, Oct. 27, 1983; 48 FR 50529, Nov. 2, 1983, as amended at 61 FR 68663, Dec. 30, 1996] IGSA - Attachment Page 8 of 8 0-0001 (W WD 05?2047 (Rev.?9) was first posted on on 06/02/2009 REGISTER OF WAGE DETERMINATIONS UNDER I U.S. DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMINISTRATION By direction of the Secretary of Labor WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 Wage Determination No.: 2005?2047 Revision No.: 11 Date Of Revision: 06/15/2009 Shirley F. Ebbesen Division of Director Wage Determinationsl State: California Area: California Counties of Los Angeles, Orange OCCUPAT ION NOTE Heating, Air Conditioning and Refrigeration: Wage rates and fringe benefits can be found on Wage Determinations 1986-0879. Laundry: Wage rates and fringe benefits can be found on Wage Determination 1977-1297. **Fringe Benefits Required Follow the Occupational Listing** OCCUPATION CODE - TITLE FOOTNOTE RATE 01000 Administrative Support And Clerical Occupations 01011 - Accounting Clerk I 14.59 01012 Accounting Clerk II 16.38 01013 Accounting Clerk 18.61 01020 - Administrative Assistant 26.82 01040 - Court Reporter 19.38 01051 - Data Entry Operator I 12.05 01052 - Data Entry Operator II 13.15 01060 - Dispatcher, Motor Vehicle 22.41 01070 Document Preparation Clerk 13.66 01090 Duplicating Machine Operator 13.66 01111 General Clerk I 10.69 01112 - General Clerk II 14.92 01113 - General Clerk 16.67 01120 Housing Referral Assistant 21.90 01141 - Messenger Courier 10.62 01191 - Order Clerk I 16.98 01192 Order Clerk II 18.53 01261 Personnel Assistant (Employment) I 17.26 01262 - Personnel Assistant (Employment) II 19.31 01263 - Personnel Assistant (Employment) 22.26 01270 Production Control Clerk 23.51 01280 Receptionist 14.51 01290 - Rental Clerk 15.10 01300 - Scheduler, Maintenance 16.84 01311 Secretary I 16.84 01312 - Secretary II 19.17 01313 - Secretary 21.90 01320 Service Order Dispatcher 19.54 01410 Supply Technician 26.82 01420 Survey Worker 19.38 01531 Travel Clerk I 14.25 01532 Travel Clerk II 15.43 01533 - Travel Clerk 16.57 01611 Word Processor I 15.03 01612 - Word Processor II 16.87 IGSA - Attachment Page 1 of 9 ICE.2012FOIA3030001152 0-0001 01613 - Word Processor 18.76 05000 Automotive Service Occupations 05005 Automobile Body Repairer, Fiberglass 22.94 05010 - Automotive Electrician 21.60 05040 - Automotive Glass Installer 20.29 05070 - Automotive Worker 20.29 05110 - Mobile Equipment Servicer 18.66 05130 Motor Equipment Metal Mechanic 22.94 05160 - Motor Equipment Metal Worker 20.29 05190 Motor Vehicle Mechanic 22.94 05220 - Motor Vehicle Mechanic Helper 17.90 05250 Motor Vehicle Upholstery Worker 19.86 05280 - Motor Vehicle Wrecker 20.29 05310 Painter, Automotive 21.60 05340 - Radiator Repair Specialist 20.29 05370 Tire Repairer 15.47 05400 Transmission Repair Specialist 22.94 07000 Food Preparation And Service Occupations 07010 - Baker 12.21 07041 Cook I 12.91 07042 - Cook II 14.31 07070 Dishwasher 9.89 07130 - Food Service Worker 10.85 07210 Meat Cutter 15.92 07260 - Waiter/Waitress 9.85 09000 Furniture Maintenance And Repair Occupations 09010 Electrostatic Spray Painter 18.59 09040 - Furniture Handler 12.42 09080 Furniture Refinisher 18.59 09090 Furniture Refinisher Helper 14.82 09110 Furniture Repairer, Minor 17.04 09130 Upholsterer 18. 59 11000 - General Services And Support Occupations 11030 - Cleaner, Vehicles 11.19 11060 - Elevator Operator 11.19 11090 Gardener 17.46 11122 ??Housekeeping Aide 11.44 11150 - Janitor 13.27 11210 - Laborer, Grounds Maintenance 13.09 11240 Maid or Houseman 9.36 11260 - Pruner 13.27 11270 Tractor Operator 15.57 11330 - Trail Maintenance Worker 13.09 11360 - Window Cleaner 15.03 12000 Health Occupations 12010 Ambulance Driver 17.82 12011 - Breath Alcohol Technician 17.82 12012 - Certified Occupational Therapist Assistant 26.03 12015 - Certified Physical Therapist Assistant 25.97 12020 Dental Assistant 16.41 12025 - Dental Hygienist 38.30 12030 - EKG Technician 26.48 12035 Electroneurodiagnostic Technologist 26.48 12040 Emergency Medical Technician 17.82 12071 - Licensed Practical Nurse I 16.75 12072 - Licensed Practical Nurse II 18.77 12073 Licensed Practical Nurse 22.42 12100 - Medical Assistant 14.82 12130 Medical Laboratory Technician 19.73 12160 - Medical Record Clerk 15.93 12190 Medical Record Technician 17.82 12195 Medical Transcriptionist 17.59 12210 Nuclear Medicine Technologist 34.87 IGSA - Attachment Page 2 of 9 0-0001 12221 - Nursing Assistant I 9.63 12222 - Nursing Assistant II 10.82 12223 - Nursing Assistant . 11.81 12224 Nursing Assistant IV 13.26 12235 - Optical Dispenser 16.65 12236 Optical Technician 15.71 12250 Pharmacy Technician 17.34 12280 - Phlebotomist 13.26 12305 - Radiologic Technologist 24.54 12311 Registered Nurse I 30.80 12312 - Registered Nurse II 37.68 12313 Registered Nurse II, Specialist 37.68 12314 - Registered Nurse 45.63 12315 Registered Nurse Anesthetist 45.63 12316 Registered Nurse IV 54.69 12317 - Scheduler (Drug and Alcohol Testing) 22.81 13000 Information And Arts Occupations 13011 Exhibits Specialist I 24.83 13012 - Exhibits Specialist II 30.76 13013 Exhibits Specialist 37.63 13041 Illustrator I 25.31 13042 - Illustrator II 31.37 13043 - Illustrator 38.35 13047 Librarian . 30.36 13050 Library Aide/Clerk 16.49 13054 Library Information Technology Systems 26.57 Administrator 13058 Library Technician 21.38 13061 Media Specialist I 18.51 13062 Media Specialist II 20.69 13063 Media Specialist 23.07 13071 Photographer I 17.95 13072 Photographer II 20.08 13073 - Photographer 26.61 13074 Photographer IV 33.56 13075 - Photographer 40.61 13110 - Video Teleconference Technician 18.25 14000 Information Technology Occupations 14041 Computer Operator I 17.32 14042 Computer Operator II 19.38 14043 - Computer Operator 22.89 14044 Computer Operator IV 25.73 14045 - Computer Operator 25.80 14071 Computer Programmer I (see 1) 24.93 14072 Computer Programmer II (see 1) 14073 - Computer Programmer (see 1) 14074 Computer Programmer IV (see 1) 14101 Computer Systems Analyst I (see 1) 14102 - Computer Systems Analyst II (see 1) 14103 Computer Systems Analyst (see 1) 14150 - Peripheral Equipment Operator 17.32 14160 - Personal Computer Support Technician 25.73 15000 - Instructional Occupations 15010 Aircrew Training Devices Instructor (Non-Rated) 34.08 15020 - Aircrew Training Devices Instructor (Rated) 41.23 15030 Air Crew Training Devices Instructor (Pilot) 49.43 15050 - Computer Based Training Specialist Instructor 34.08 15060 - Educational Technologist 32.81 15070 - Flight Instructor (Pilot) 49.43 15080 - Graphic Artist 25.66 15090 - Technical Instructor 23.72 15095 Technical Instructor/Course Developer 29.02 15110 Test Proctor 19.15 IGSA - Attachment - Page 3 of 9 0-0001 15120 Tutor . 19.15 19000 Machine Tool Operation And Repair Occupations 19010 Machine?Tool Operator (Tool Room) 18.52 19040 Tool And Die Maker 23.95 21000 Materials Handling And Packing Occupations 21020 Forklift Operator 14.46 21030 Material Coordinator 23.51 21040 - Material Expediter 23.51 21050 - Material Handling Laborer 13.02 21071 - Order Filler 13.31 21080 - Production Line Worker (Food Processing) 14.46 21110 Shipping Packer 15.08 21130 Shipping/Receiving Clerk 15.08 21140 - Store Worker I 11.30 21150 - Stock Clerk 16.13 21210 - Tools And Parts Attendant 14.46 21410 Warehouse Specialist 14.46 23000 - Mechanics And Maintenance And Repair Occupations 23010 Aerospace Structural Welder 30.78 23021 - Aircraft Mechanic I 29.10 23022 - Aircraft Mechanic II 30.78 23023 Aircraft Mechanic 31.94 23040 - Aircraft Mechanic Helper 20.38 23050 Aircraft, Painter 24.41 23060 - Aircraft Servicer 23.55 23080 Aircraft Worker 24.58 23110 Appliance Mechanic 19.52 23120 Bicycle Repairer 15.47 23125 Cable Splicer 29.85 23130 Carpenter, Maintenance 27.29 23140 Carpet Layer 19.20 23160 - Electrician, Maintenance 30.18 "?wx 23181 - Electronics Technician Maintenance I 23.38 23182 Electronics Technician Maintenance II 24.90 23183 Electronics Technician Maintenance 26.53 23260 Fabric Worker 23.38 23290 Fire Alarm System Mechanic 20.30 23310 - Fire Extinguisher Repairer 18.25 23311 Fuel Distribution System Mechanic 25.48 23312 Fuel Distribution System Operator 19.48 23370 General Maintenance Worker 23.26 23380 - Ground Support Equipment Mechanic 29.10 23381 - Ground Support Equipment Servicer 23.55 23382 Ground Support Equipment Worker 24.58 23391 Gunsmith I 18.25 23392 - Gunsmith II 21.11 23393 Gunsmith 23.87 23430?- Heavy Equipment Mechanic 26.97 23440 - Heavy Equipment Operator 31.04 23460 Instrument Mechanic 25.70 23465 - Laboratory/Shelter Mechanic 22.49 23470 - Laborer 12.49 23510 - Locksmith 18.81 23530 Machinery Maintenance Mechanic 24.65 23550 - Machinist, Maintenance 25.41 23580 - Maintenance Trades Helper 14.82 23591 - Metrology Technician I 25.70 23592 - Metrology Technician II 27.13 23593 Metrology Technician 29.73 23640 Millwright 25.45 23710 Office Appliance Repairer 20.86 23760 Painter, Maintenance . 21.05 23790 Pipefitter, Maintenance 23.40 IGSA - Attachment Page 4 of 9 ICE.2012FOIA3030001155 0-0001 23810 - Plumber, Maintenance . 22.04 3 23820 Pneudraulic Systems Mechanic 23.87 23850 Rigger 26.81 23870 Scale Mechanic 21.11 23890 - Sheet?Metal Worker, Maintenance 22.13 23910 Small Engine Mechanic 18.70 23931 Telecommunications Mechanic I 24.92 23932 Telecommunications Mechanic II 26.39 23950 Telephone Lineman 24.18 23960 - Welder, Combination, Maintenance 19.75 23965 Well Driller 23.18 23970 - Woodcraft Worker 21.73 23980 Woodworker 16.81 24000 Personal Needs Occupations 24570 Child Care Attendant 13.05 24580 - Child Care Center Clerk 16.03 24610 - Chore Aide 10.57 24620 Family Readiness And Support Services 15.39 Coordinator 24630 Homemaker 19.21 25000 - Plant And System Operations Occupations 25010 - Boiler Tender 26.22 25040 Sewage Plant Operator 26.21 25070 - Stationary Engineer 26.22 25190 - Ventilation Equipment Tender 18.34 25210 Water Treatment Plant Operator 26.21 27000 Protective Service Occupations 27004 Alarm Monitor 23.77 27007 - Baggage Inspector 12.80 27008 Corrections Officer 29.13 27010 Court Security Officer 30.28 27030 - Detection Dog Handler 23.77 27040 Detention Officer 29.13 27070 Firefighter 29.97 27101 Guard I 12.80 27102 Guard II 23.77 27131 - Police Officer I 35.71 27132 Police Officer II 39.68 28000 Recreation Occupations 28041 - Carnival Equipment Operator 12.76 28042 Carnival Equipment Repairer 13.74 28043 - Carnival Equpment Worker 9.67 28210 - Gate Attendant/Gate Tender 14.09 28310 Lifeguard 13.26 28350 Park Attendant (Aide) 15.76 28510 Recreation Aide/Health Facility Attendant 11.11 28515 Recreation Specialist 18.75 28630 - Sports Official 12.55 28690 Swimming Pool Operator 16.97 29000 - Stevedoring/Longshoremen Occupational Services 29010 Blocker And Bracer 21.53 29020 - Hatch Tender 21.53 29030 Line Handler 21.53 29041 Stevedore I 20.46 29042 Stevedore II 22.93 30000 - Technical Occupations 30010 Air Traffic Control Specialist, Center (HFO) (see 2) 39.06 30011 Air Traffic Control Specialist, Station (HFO) (see 2) 27.98 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 29.66 30021 - Archeological Technician I . 20.47 30022 Archeological Technician II 22.01 30023 Archeological Technician 31.33 30030 - Cartographic Technician 31.33 IGSA - Attachment Page 5 of 9 ICE.2012FOIA3030001156 DROIGSA- 1 0-0001 30040 - Civil Engineering Technician 28.07 30061 Drafter/CAD Operator I 22.60 30062 - Drafter/CAD Operator II 25.28 30063 - Drafter/CAD Operator 28.18 30064 Drafter/CAD Operator IV 34.68 30081 - Engineering Technician I 18.14 30082 Engineering Technician II 20.37 30083 Engineering Technician 22.78 30084 - Engineering Technician IV 28.23 30085 - Engineering Technician 34.88 30086 Engineering Technician VI 41.77 30090 Environmental Technician 25.20 30210 Laboratory Technician 21.03 30240 - Mathematical Technician 30.84 30361 - Paralegal/Legal Assistant I 21.17 30362 - Paralegal/Legal Assistant II 26.22 30363 - Paralegal/Legal Assistant 32.07 30364 - Paralegal/Legal Assistant IV 38.81 30390 - Photo?Optics Technician 30.84 30461 - Technical Writer I 23.03 30462 Technical Writer II 28.18 30463 Technical Writer 34.09 30491 - Unexploded Ordnance (UXO) Technician I 24.82 30492 Unexploded Ordnance (UXO) Technician II 30.03 30493 - Unexploded Ordnance (UXO) Technician 36.00 30494 Unexploded (UXO) Safety Escort 24.82 30495 - Unexploded (UXO) Sweep Personnel 24.82 30620 - Weather Observer, Combined Upper Air Or (see 2) 27.65 Surface Programs 30621 - Weather Observer, Senior (see 2) 30.72 31000 Transportation/Mobile Equipment Operation Occupations 31020 Bus Aide 13.63 31030 Bus Driver 19.62 31043 Driver Courier 12.90 31260 Parking and Lot Attendant 8.83 31290 Shuttle Bus Driver 14.07 31310 Taxi Driver 12.03 31361 Truckdriver, Light 14.07 31362 Truckdriver, Medium 20.63 31363 Truckdriverr Heavy 21.78 31364 - Truckdriver, Tractor?Trailer 21.78 99000 Miscellaneous Occupations 99030 - Cashier 12.13 99050 Desk Clerk 12.65 99095 - Embalmer 21.08 99251 - Laboratory Animal Caretaker I 10.66 99252 - Laboratory Animal Caretaker II 11.63 99310 - Mortician 34.35 99410 - Pest Controller 15.17 99510 Photofinishing Worker 14.87 99710 - Recycling Laborer 19.12 99711 Recycling Specialist 22.43 99730 - Refuse Collector 17.05 99810 - Sales Clerk 15.57 99820 - School Crossing Guard 9.51 99830 Survey Party Chief 34.71 99831 - Surveying Aide 19.43 99832 - Surveying Technician 25.56 99840 - Vending Machine Attendant 12.77 99841 Vending Machine Repairer 14.67 99842 Vending Machine Repairer Helper 12.77 IGSA - Attachment Page 6 of 9 ICE.2012FOIA3030001157 DROIGSA- 1 0-0001 ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS: HEALTH WELFARE: $3.35 per hour or $134.00 per week or $580.66 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor, wherever employed, and with the predecessor contractors in the performance of similar work at the same Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther King Jr's Birthday, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day. (A contractor may substitute for any of the named holidays another day off with pay in accordance with a plan communicated to the employees involved.) (See 29 CFR 4174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING: l) COMPUTER EMPLOYEES: Under the SCA at section this wage determination does not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F.R. Part 541. Because most Computer System and Computer Programmers who are compensated at a rate not less than $27.63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely qualify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate for some or all occupations within those job families if the survey data indicates that the prevailing wage rate for the occupation equals or exceeds $27.63 per hour conformances may be necessary for certain nonexempt employees. For example, if an individual employee is nonexempt but nevertheless performs duties within the scope of one of the Computer Systems Analyst or Computer Programmer occupations for which this wage determination does not specify an SCA wage rate, then the wage rate for that employee must be conformed in accordance with the conformance procedures described in the conformance note included on this wage determination. Additionally, because job titles vary widely and change quickly in the computer industry, job titles are not determinative of the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1)The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) A combination of the aforementioned duties, the performance of which requires the same level of skills. (29 C.F.R. 541.400). 2) AIR TRAFFIC CONTROLLERS AND WEATHER OBSERVERS - NIGHT PAY SUNDAY PAY: If you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 10% of basic pay for any hours worked between 6pm and 6am. If you are a full-time employed (40 hours a week) and Sunday is part of your regularly scheduled workweek, you are paid at your rate of basic pay plus a Sunday premium of 25% of your basic rate for each hour of Sunday work which is not overtime occasional work on Sunday outside the normal tour of duty is considered overtime work). HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to employees employed in a position that represents a high degree of hazard when working with or in close proximity to ordinance, explosives, and incendiary materials. This includes work IGSA - Attachment Page 7 of 9 0-0001 such as screening, blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry?house activities involving propellants or explosives. Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential injury such as laceration of hands, face, or arms of the employee engaged in the operation, irritation of the skin, minor burns and the like; minimal damage to immediate or adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay. UNIFORM ALLOWANCE If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the state or local law, etc.), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Labor will accept payment in accordance with the following standards as compliance: The contractor or subcontractor is required to furnish all employees with an adequate number of uniforms without cost or to reimburse employees for the actual cost of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3.35 per week (or $.67 cents per day). However, in those instances where the uniforms furnished are made of "wash and wear" materials, may be routinely washed and dried with other personal garments, and do not require any special treatment such as dry cleaning, daily washing, or commercial laundering in order to meet the cleanliness or appearance standards set by the terms of the Government contract, by the contractor, by law, or by the nature of the work, there is no requirement that employees be reimbursed for uniform maintenance costs. The duties of employees under job titles listed are those described in the "Service Contract Act Directory of Occupations", Fifth Edition, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at gov/esa/whd/ or through the Wage Determinations On?Line (WDOL) Web site at REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE {Standard Form 1444 (SF 1444)} Conformance Process: The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship appropriate level of skill comparison) between such unlisted classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined. Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) of employees. The conformed classification, IGSA Attachment Page 8 of 9 0-0001 wage rate, and/or fringe benefits shall be retroactive to the commencement date of the contract. {See Section 4.6 When multiple wage determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a 1ass(es) is to be conformed. The process for preparing a conformance request is as follows: 1) When preparing the bid, the contractor identifies the need for a conformed occupation(s) and computes a proposed rate(s). 2) After contract award, the contractor prepares a written report listing in order proposed classification title(s), a Federal grade equivalency (FGE) for each proposed classification(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themselves. This report should be submitted to the contracting officer no later than 30 days after such unlisted class(es) of employees performs any contract work. 3) The contracting officer reviews the proposed action and submits a report of the action, together with the agency's recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for review. (See section of Regulations 29 CFR Part 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or disapproves the action via transmittal to the agency contracting officer, or notifies the contracting officer that additional time will be required to process the request. 5) The contracting officer transmits the Wage and Hour decision to the contractor. 6) The contractor informs the affected employees. Information required by the Regulations must be submitted on SF 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" (the Directory) should be used to compare job definitions to insure that duties requested are not performed by a classification already listed in the wage determination. Remember, it is not the job title, but the required tasks that determine whether a class is included in an established wage determination. Conformances may not be used to artificially split, combine, or subdivide classifications listed in the wage determination. IGSA - Attachment Page 9 of 9 DROIGSA- 1 0-000] MEDICAL SERVICES PROVIDED BY FACILITY I. INTRODUCTION FACILITY LOCATION: The Service Provider shall provide detention services for detainees at the following institutions: Theo Lacy Facility James A. Musick Facility 501 The City Drive South 13502 Musick Road Orange, CA 92868 Irvine, CA 92618 The Service Provider shall provide detention services for not more than 72 hours at the following institution: Intake Release Center (IRC) 550 N. Flower Street Santa Ana, CA 92703 SERVICES PROVIDED AT THE INTAKE RELEASE CENTER A. Triage Medical and Mental Health Screening. Information from the Triage process will be one of the factors used in determining the housing location of the ICE detainee (either at Theo Lacy or James A. Musick). Initiate medical and/or mental health chart as needed Assessment of medical and/or mental health condition. Prescribe medications and other treatments as needed Up to 72-hour hold for the following (depending on bed availability): 1. ICE detainees found during the Triage process to have medical or mental health conditions that may reasonably be stabilized within 72 hours. 2. ICE detainees with mental health conditions requiring specialized housing pending transfer by ICE to another Service Provider 3. ICE detainees during the course of their detention experience acute onset or worsening of medical or mental health conditions that cannot be accommodated by the Service Provider and are pending transfer by ICE to another Service Provider. 111. Services Provided at Theo Lacv This is a male only facility. Summarized below are examples of the types of conditions/diseases/ailments that can be treated/accommodated based upon the local inmate? patient population. The ?nal determination for medical conditions which will be accepted will be at the discretion of the CMS Medical Director or his designee. Any chronic medical condition/disease state that can be reasonably managed in an outpatient ambulatory care setting, including but not limited to: A. Asthma B. Hypertension Attachment I - Medical Services Provided by Facility Page 1 of 3 0-0001 Type I and II Diabetes Mellitus . if medication is approved by ICE and cost of the medication is reimbursed to the Service Provider in accordance with Article ID of this Agreement. Communicable diseases (CDs)[Caveat: Accommodation of detainees with CDs that require contact isolation only as a control measure will be dependent upon the availability of single-celled housing at that facility] Patients/Detainees that require temporary use of walkers, crutches, casts, and Wheelchairs Detoxi?cation for acute mild alcohol and opiate withdrawals (Not long-term detoxi?cation treatment) In-dwelling urinary catheters Hunger Strikes (due to time commitment and required documentation, only 2 Hunger Strike detainees will be accepted at a time without staf?ng revision) Ambulatory Post Surgical Care Minor wound care CPAP Treatment (this will be dependent on the availability of electrical outlets in the module) M. Physical disability requiring minimal assistance with activities of daily living (ADLs) N. Coumadin therapy if medication is approved by ICE and cost of the medication is reimbursed to the Service Provider in accordance with Article ID of this Agreement. U0 HF: .07? the IV. Services Provided at James A. Musick This facility accommodates both male and female ICE detainees. ICE detainees housed at the James A. Musick facility must be ambulatory and have relatively low medical or mental health needs. The ?nal determination for medical conditions which will be accepted will be at the discretion of the CMS Medical director or his designee. V. Medical Refusals for ICE Detainees Summarized below are examples of the types of conditions/diseases/ ailments which cannot be accommodated for ICE detainees at the Theo Lacy and James A. Musick facilities. The ?nal determination for refusals will be at the discretion of the CMS Medical Director or his designee. The following are examples of general conditions which may warrant a decision of medical refusal by the Service Provider: If the below issues are resolved, the ICE detainee can be re- evaluated for medical acceptance or re-entry: Conditions requiring acute hospitalization and/or ?around the clock? monitoring End stage medical disease states that have resulted in signi?cant physical disability and/or incapacitation of the ICE detainee. Infectious disease conditions during the communicable phase of disease that require airborne infection isolation, i.e. tuberculosis, acute varicella (chickenpox), etc. Demonstrable suicidal, homicidal, self-mutilating or gravely behavior and/or ideations Mental health conditions/disease states that require specialized housing. rumor? VI. Hospital/Out-Patient Provider/Emergency Transport Services Attachment I - Medical Services Provided by Facility Page 2 of 3 DROIGSA- 0?0001 . ICE detainees who are not accepted into the custody of the Service Provider during the course of the triage process because of a need for immediate hospitalization shall be taken by ICE to its contracted hospital. Service Provider shall not be responsible for completing a Treatment Authorization Request (TAR) in instances in which the ICE detainee was not accepted into the custody of the Service Provider. . If ICE detainees are determined during the course of their detention to require hospitalization, medical transportation shall be coordinated by the Service Provider to a hospital willing to accept ICE reimbursement and payment conditions. The Service Provider shall comply with all Department of Immigration Health Services (DIHS) Treatment Authorization Request (TAR) procedures. . ICE detainees requiring off-site medical services shall be transported by the Service Provider to receive the required medical care. The Service Provider shall comply with all DIHS TAR procedures. . The cost of all medical services provided off-site shall be the responsibility of ICE. Attachment I - Medical Services Provided by Facility Page 3 of 3 (b)(7)(e) (b)(7)(e) (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.2012FOIA3030001164 REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 2 2 NAME OF OFFEROR 0R CONTRACTOR COUNTY OF ORANGE ITEM NO, SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (m (E) Bed Day Rate at James A. Musick for 110 females $118.00 per detainee Cost Reimbursement for Medical Prescription Not to Exceed (NTE) $720,000.00 per year *Escort Services at Regular Rate $139.69 per hour *Escort Services at Overtime Rate $90.51 per hour *Stationary Guard at Regular Rate $139.69 per hour *Stationary Guard at Overtime Rate $90.51 per hour *Transportation Mileage rate $0.50 per mile Detainee Work Program Reimbursement $1.00 per day See Article XVII TO: Bed Day Rate for 728 Males at $118.00 per detainee Bed Day Rate for 110 Females at $118.00 per detainee Cost Reimbursement for Medical Prescription Not to Exceed (NTE) $720,000.00 per year *Escort Services at Regular Rate $139.69 per hour *Escort Services at Overtime Rate $90.51 per hour *Stationary Guard at Regular Rate $139.69 per hour *Stationary Guard at Overtime Rate $90.51 per hour *Transportation Mileage Reimbursement in Accordance with GSA Allowable for Privately Owned Vehicle (POV) Per Mile Rate Detainee Work Program Reimbursement $1.00 per day See Article XVII LIST OF CHANGES: Reason for Modification Action Total Amount for this Modification: $0.00 New Total Amount for this Version: $0.00 New Total Amount for this Award: $192,564,531.40 Period of Performance: 07/20/2010 to 07/19/2015 Other Administrative All other terms and conditions remain the same. 7540-0l-152-8067 OPTIONAL 336 (0- 65) Sponsomd by GSA 165 (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.2012FOIA3030001166 Summary of Amendment Summary of Amendment to SOW Article Ii. ICE Physical Plant (Infrastructure) Requirements A: ICE Office Space The Service Provider shall refer to ICE Design Standards (see attachment B) for speci?c of?ce and workstation sizes and speci?c furnishing requirements . The Standards include but are not limited to the following: 1. A total of immie) workstations as outlined below (respectively) DRO Orange County Space Requirements The Lacy Musick 408-Beds-I-64 Mediate Table of Space Requirements Quantity Quantity Number .NUmber Assistant Field Of?ce Director Supervisory Detention and Deportatior Of?cers Deportation Of?cers Supervisory immigration Enforcement Agents immigration Enforcement Agents Detention and Removal Assistants Mission Support Specialist Management and Program Analyst COTR Of?ce Assistant Supervisory Detention Deportation Assistant Receptionistrl Admin Assistant Staf?ng Assistant Mail File Clerk Processing Stations JPADS Total: a. File rooms (see Standards for size and quantity) Page 1 of 4 Page 2 ate Summary of Amendment Conference rooms adjacent to or within ICE area (see Standards for size and quantity) Employee break rooms (see Standards for size and quantity) IT computer support rooms must be provided through out ICE space per the speci?cations. Including specialized requirements for climate control of IT equipment rooms for PHS. EOIR and ICE of?ce area. Actual location. layout. con?guration. and size of rooms will be determined during the ?nal design phase. 9 Add: Article II. A. NOTE: ICE IT system must be a complete. independent and physically separate system from the Service Provider?s IT system. The system shall serve all operational components: ICE, OPLA. and ICE Physical Plant (Infrastructure) Requirements ICE Office Space The Service Provider agrees to provide office space for Enforcement and Removal Office (ERO) staff at the Theo Lacy facility within the former Communications Building. Office space at the James A. Musick Facility will be provided for ERO staff within new modular structures which will be installed for the Office of the Principal Legal Advisor and Executive Of?ce for immigration Review (EOIR) space. The Service Provider shall refer to the ICE Design Standards (see Attachment B) for speci?c of?ce and workstation sizes and specific furnishing requirements as shown in Sub article ii. A. 1. Table of Space Requirements of this document. The bed requirement shall be comprised of 728 Male beds and 110 Female beds. The Standards include but are not limited to the following: . A total of (Wal?tirspaces as outlined below: ERO Orange County Space Requirements Theo Lacy Musick Page 2 of a Page 3 of6 DROIGSA-1 0-0001 The bed requirement is comprised of 728 Summary of Amendment P00002 Male and 110 Female beds. Table of Space Requirements Assistant Field Of?ce Director Supervisory Detention and Deportation Officers Deportation Of?cers Supervisory Immigration Enforcement Agents Immigration Enforcement Agents Detention and Removal Assistants Mission Support Specialist Management and Program Analyst COTR Of?ce Assistant Supervisory Detention Deportation Assistant Receptionist! Admin Assistant Staf?ng Assistant Mail File Clerk Processing Stations JPADS Detention Services Manager information Technician Specialist a. b. I Quantity Quantity Number Number. Totals File rooms (see Standards for size and quantity) Conference rooms adjacent to or within area (see Standards for size and quantity) Employee break rooms (see Standards for size and quantity) IT computer support rooms must be provided through out ICE space per the speci?cations. including specialized requirements for climate control of IT equipment rooms for EOIR and ICE of?ce area. Actual location. layout. con?guration. and size of rooms will be determined during the ?nal design phase. For the Theo Lacy Facility. all workspace for ICE ERO staff is depicted in .the conceptual drawing tilled "105 Program Space Communications Buiiding" and dated 9/8/2011 {See Exhibit 1). The workspace as depicted Page 3 of 4 Page 4 of 6 DROIGSA-10-0001 Summary of Amendment P00002 will serve as {65 ERO's work space at Theo Lacy. will have up to 90 days from the completion of the renovation. to vacate all temporary spaces currently occupied throughout the Theo Lacy Facility. This does not include the Chapel area currenthr used for VTEL: this area will be vacated 90 days after the completion of the construction project of the permanent wortr space/facilities at the James A. Musick Facility. F. ICE IT Equipment - ICE shall provide and install IT equipment in of?ce spaces for ICE personnel only. to Include computer workstations and screens. printers and fax machines. All infrastructure and cabling shall be provided by the Service Provider in accordance with the Structured Cable Plant Standard (see Attachment C) NOTE: ICE IT system must be a complete. independent and physically separate system from the Service Provider's IT system. The system shall serve all operational components: ICE. OPLA. and Health Service Corps Page 4 of 4 Page 5 of 6 ORANGE COUNTY ATTACHMENT A - STATEMENT OF WORK, P00002 EXHIBIT 1 .. rmnuwvnawf 1 I. CONTRACT ID CODE PAGE OF AGES 1 I AMENDMENT OF SOLICITATIONIMODIFICATION OF CONTRACT 2. AM NO. 3. EFFECTIVE DATE 4. REQ. N0 5. PROJECT N0. (lfapplicable) See Block l6 6. ssueo 3v coon 7. ADMINISTERED BY OF OTHER THAN ITEM 6) CODE Immigration and (instants Enforcement [migration ind Customs Enforcement Of?ce ofAequisitico Management Of?ce of Acquisition Management 24000 Avila Rood. Room 3 04 24000 Avila Road. Room 3104 Layne Niguel CA 92677 ngucl CA 92617 El 8. NAME AND ADDRESS OF CONTRACTOR Street. County. S'ate. and Zip Code) 9A. AMENDMENT OF SOLEITATION N0. COUNTY OF ORANGE 320 FLOWER ST SUITE IOB 911 DATED (355175? SANTA ANA CA 927020000 IOA. MODIFICATION OF CONTRACT NO. cone: 3774749730000 FACILITY cone: 103- DATED (35517?? I 1) ll. THIS ITEM ONLY APPLIES TO AMENDMENTS 0F SOLICIT ATIONS The above numbered. solicitation is moded as set Ihrth item The hourartd date speci?ed for receipt ofOffors is extended is not extended. O??crs mum acknowledge receipt of this prin- to the hour and date speci?ed in tin solicitation or as amended by one of the following methods: By completing Items 8 and 15, and returning copies or the amendment; By acknowledging receipt ofthie arttendment on each capy of the offer submitted; or By separate letter or telegram which mind: a reference to the solicitation and amendment nutrient. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPEIIFIED MAY RESULT IN REJECHON OF YOUR OFFER. Iflry virtue of this amendment you desire to change on o?'er already suhnitted, such chose may he made by telegram or letter, provided each teleggm or letter nukes reference to the solicitation and this amendment, and is received prior to the hour and date speci?ed. t2. ACCOUNTING AND APPROPRIATION DATA (Ifon NIA 13. THIS ITEM APPLIES ONLY 10 MODIFICATIONS 0F IT MODIFIES THE CONTRACTIORDER AS DESCRIBED IN ITEM [4 A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (wuyuwury) THE CHANGES SET KIRTH IN ITEM [4 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM IOA. B. THE ABOVE NUMBERED ts MODIFIED T0 REFLECT THE ADMINISTRATIVE CHANGES (such a: change: in paying qmce. ?Wm date, etc.) SET FORTH IN ITEM 14, PURSUANT To me AUTHORITY OF FAR 43,103 APPROVED AS To may. . I C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF: . 3 a 0. OTHER (?eeg?rowq?wdr?m?on and authoriot) Mutual Apeunertt ofthe Parties 8 Tm 3- IMPORTANT: ?30an is NOT is required to sign this document and return 1 copies to the Inuirtg tr?Ice. 14. DESCRIPTION OF AMENDMENTIMODIFICATION (Organised by UCF section heading, imitating subject matter where fenible. The purpose of this modi?cation is to incorporate ICE 201] Performance Based National Detention Standard 2.1 - Sexual Abuse and Assault Prevattim and Intervention Should there be con?ict with between this standard and any other term and condition of the WI identi?ed in Block IOA on this modifmtion, you are to contact the Connecting Of?cer ?r elari ?cation. All other ten-no and conditions remain unchanged. A 0 %\cept as provided herein, all terms and conditions of the doeth referenced in Item or 10A, as heretofore chased, remains unchanged and in full force and etfect. 55? ?234?: OF SIGNER l@ OF CONTRACTING OFFICER 5 Director?Financial /Adut1n 7.-. I- ?3 15c. DATE 168.UNITED STATES or AMERICA 16C. DATE SIGNED SIGNED CO I ramhoriredro sign) I I IL (Signature ofCorImrcrirwI?ceI) NSN 7540-0145240? STANDARD FORM 30 (REV. 10-83) Prevho Uri-able Preoerlbed by GSA FAR (48 Page 1 0f 21 (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.2012FOIA3030001173 PAGE OF 2 AME 0F OFFEROR 0R CONTRACTOR UNTY OF ORANGE .EMNO, (A) suppuessenwces (B) UNIT (C) (D) AMOUNT (F) (E) attached) Attachment I - Medical Facility Location 3) to replace page 1, Services Overview by Facility, (see attached) IGSA, Article I Purpose, Section C. Rates FROM: Bad Day Rate for 728 Males at $118.00 per detainee Bed Day Rate for 110 Females at $118.00 per detainee TO: Bed Day Rate for 838 detainees at $118.00 per detainee Attachment A - Statement of Work, Article II, Section A FROM: The bed requirement shall be comprised of 728 Male beds and 110 Female beds. TO: The bed requirement shall be comprised of 838 beds Attachment I - Medical Services Overview by Facility change to: The Service Provider shall provide detention services for not more than 72 hours at the following institutions: Intake Release Center (IRC) 550 N. Flower Street (Building #50) Santa Ana, CA 92703 Women's Jail Female Observation Unit 550 N. Flower Street (Building #44) Santa Ana, CA 92703 Exempt Action: LIST OF CHANGES: Reason for Modification Action Total Amount for this Modification: Other Administrative $0.00 Period of Performance: 07/20/2010 to 07/19/2015 All other terms and conditions remain the same. NSN HAG-014524067 OPTIONAL FORM 336 {4?86) Sponsored by GSA 174 P00004 IGSA 0-0001 Article 1. Purpose A. Pugpose: The purpose of this Intergovernmental Service Agreement (IGSA) is to establish an Agreement between ICE and the Service Provider for the detention and care of persons detained under the authority of the Immigration and Nationality Act, as amended. All persons in the custody of ICE are ?Administrative Detainees?. This term recognizes that ICE detainees are not charged with criminal violations and are only held in custody to assure their presence throughout the administrative hearing process and to assure their presence for removal from the United States pursuant to a lawful ?nal order by the Immigration Court, the Board of Immigration Appeals or other Federal judicial body. B. Responsibilities: This Agreement sets forth the responsibilities of ICE and the Service Provider. The Agreement states the services the Service Provider shall perform satisfactorily to receive payment from ICE at the rate prescribed in Article I C. C. Rates: This is a ?xed rate agreement, not a cost reimbursable agreement, except for medical prescriptions, with respect to the bed day rate for 838 detainees. ICE shall be responsible for reviewing and approving the costs associated with this Agreement and subsequent modifications utilizing all applicable federal procurement laws, regulations and standards in arriving at the bed day rate. The parties agree to continue good faith negotiations toward development of a time line for completion of infrastructure activities. Infrastructure includes new construction and modi?cation of existing structures to meet ICE Design Standards to house ICE detainees. Bed Day Rate for 838 detainees $118.00 per detainee Cost Reimbursement for Medical Prescription $720,000 per year Not to Exceed (NTE) *Escort Services at Regular Rate $139.69 per hour *Escort Services at Overtime Rate 90.51 per hour Stationary Guard at Regular Rate $139.69 per hour Stationary Guard at Overtime Rate 90.51 per hour *Transportation Mileage Reimbursement in Accordance per mile with GSA Allowable for Privately Owned Vehicle (POV) Detainee Work Program Reimbursement 1.00 per day See Article XVI Paragraph D. Cost Reimbursement for Prescriptions: This is a cost reimbursement line item for medical prescriptions. The Service Provider shall submit a invoice in accordance with Article The amount reimbursed will be the actual cost of prescription medications only. No overhead or pro?t will be reimbursed. Any non- prescribed over?the-counter medications shall be included in the bed day rate. The Service Provider and ICE shall monitor actual cost utilization for prescription medications and if costs are projected to exceed the NTE amount speci?ed herein, the Service Provider may request a modification of the NTE for prescription medications in accordance with Article XI.A. Page 4 of 48 P00004 [GSA-Attachment A II. DROIGSA-10-0001 DEPARTMENT OF HOMELAND SECURITY (DHS) IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) STATEMENT OF WORK Armed Transportation Services Transportation service shall include the following: . The Service Provider shall furnish suitable vehicles in good condition, approved by the ICE, to safely provide the required transportation services. The Service Provider shall comply with all federal and state laws with regard to inspections, licensing, and registration for all vehicles used for transportation. . The Service Provider shall furnish vehicles equipped with interior security features (such as, but not limited to door lock controls, window locks, a wire cage with acrylic pane] between the driver seat and the rear passenger seats) and be in accordance with ICE Performance Based National Detention Standards including physical separation of detainees from guards. . All transportation shall be accomplished in the most economical manner. . All transportation Officers shall be armed in the performance of these duties. . The Service Provider shall establish a fully operational communication system that has direct and immediate contact with all transportation vehicles and post assignments. Upon demand, the Contracting Of?cer?s Technical Representative (COTR) shall be provided with current status of all vehicles and post assignment employees. . Failure on the Service Provider?s part to comply fully with the detainee(s) departure as pre- scheduled shall result in the Service Provider having deductions made for non-performance. (see Attachment - Performance Requirements Summary) ICE Physical Plant (Infrastructure) Requirements . Of?ce Space The Service Provider agrees to provide of?ce space for Enforcement and Removal Of?ce (ERO) staff at the Theo Lacy facility within the former Communications Building. Of?ce space at the James A. Musick Facility will be provided for ERO staff within new modular structures which will be installed for the Of?ce of the Principal Legal Advisor (OPLA) and Executive Of?ce for Immigration Review (EOIR) space. The Service Provider shall refer to the ICE Design Standards (see Attachment B) for speci?c of?ce and workstation sizes and speci?c furnishing requirements as shown in Subarticle II. A. 1, Table of Space Requirements of this document. The bed requirement shall be comprised of 838 beds. The Standards include but are not limited to the following: Page 1 of 9 ICE.2012FOIA3030001176 P00004, Attachment - MEDICAL SERVICES PROVIDED BY FACILITY I. INTRODUCTION FACILITY LOCATION: The Service Provider shall provide detention services for detainees at the following institutions: Theo Lacy Facility 501 The City Drive South Orange, CA 92868 James A. Musick Facility 13502 Musiek Road Irvine, CA 92618 The Service Provider shall provide detention services for not more than 72 hours at the following institutions: Intake Release Center (IRC) 550 N. Flower Street (Building #50) Santa Ana, CA 92703 Intake Release Center (IRC) 550 N. Flower Street (Building #44) Santa Ana, CA 92703 SERVICES PROVIDED AT THE INTAKE RELEASE CENTER A. Triage Medical and Mental Health Screening. Information from the Triage process will be one of the factors used in determining the housing location of the ICE detainee (either at Theo Lacy or James A. Musick). Initiate medical and/or mental health chart as needed Assessment of medical and/or mental health condition. Prescribe medications and other treatments as needed Up to 72-hour hold for the following (depending on bed availability): 1. ICE detainees found during the Triage process to have medical or mental health conditions that may reasonably be stabilized within 72 hours. 2. ICE detainees with mental health conditions requiring specialized housing pending transfer by ICE to another Service Provider 3. ICE detainees during the course of their detention experience acute onset or worsening of medical or mental health conditions that cannot be accommodated by the Service Provider and are pending transfer by ICE to another Service Provider. Services Provided at Theo Lacy This is a male only facility. Summarized below are examples of the types of conditions/diseases/ailments that can be treated/accommodated based upon the local inmate- patient population. The ?nal determination for medical conditions which will be accepted will be at the discretion of the CMS Medical Director or his designee. Any chronic medical condition/disease state that can be reasonably managed in an outpatient ambulatory care setting, including but not limited to: A. Asthma B. Hypertension Attachment I - Medical Services Provided by Facility Page 1 of 3 . (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001178 ICE.2012FOIA3030001179 (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) REFERENCE NO, OF DOCUMENT BEING CONTINUED PAGE OF SHEET 2 2 NAME OF OFFEROR 0R CONTRACTOR COUNTY OF ORANGE ITEM NO. SUPPLIESJSERVICES QUANTITY NIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Reason for Modification Other Administrative Action Period of Performance: 07/20/2010 to 07/19/2015 All other terms and conditions remain the same. OPTIONAL FORM :35 (4-50) NSN 754001 4524007 spammed by FAR (w CFR) 53 no 0-0001 Article XII. Adjusting the Bed Day Rate ICE shall reimburse the Service Provider at the ?xed detainee bed day rate shown in Article I paragraph C. The Parties may adjust the rate twelve (12) months after the effective date of the agreement and every twelve (12) months thereafter unless otherwise mutually agreed to. The Parties shall base the cost portion of the rate adjustment on the principles of allowability and allocability as set forth in OMB Circular Cost Principles for State, Local, and Indian Tribal Governments, federal procurement laws, regulations, and standards in arriving at the bed day rate. The request for adjustment shall be submitted on an ICE Jail Services Cost Statement. If ICE does not receive an of?cial request for a bed day rate adjustment that is supported by an ICE Jail Services Cost Statement, the ?xed bed 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 the bed day rate is ?xed, there are no retroactive adj ustment(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 881 .pdf. 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 responsible for providing updated information to the ICE payment of?ce. 8. Consolidated Invoicing: The Service Provider shall use these procedures when submitting an invoice l. Invoice Submission: Invoices shall be submitted in a .pdf format on a basis via email to (W6): @,ice.dhs.gov Each email shall contain only one (1) invoice and the subject line of the email will annotate the invoice number. The emailed invoice shall include the ?bill to? address shown below: DHS, ICE Financial Operations - Burlington PO. Box 1620 ATTN: ERO-F OD-F LS Williston, VT 05495-1620 Note: the Service Provider?s or Contractor?s Dunn and Bradstreet DUNS Number must be registered in the System for Award Management (SAM) at prior to award and shall be notated on every invoice submitted to ensure prompt payment provisions are Page 43 of 48 0-0001, P00005 met. The ICE program of?ce identi?ed in the task order/contract shall also be notated on every invoice. 2. Content of Invoices: Each invoice submission shall contain the following information: Name and address of the Service Provider/Contractor. Note: the name, address and DUNS number on the invoice MUST match the information in both the Contract/Agreement and the information in the SAM. If payment is remitted to another entity, the name, address and DUNS information of that entity must also be provided which will require Government veri?cation before payment can be processed; (ii) Dunn and Bradstreet DUNS Number; Invoice date and invoice number; (iv) Agreement/Contract number, contract line item number and, if applicable, the order number; Description, quantity, unit of measure, unit price and extended price of the items delivered; (vi) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading; (vii) Terms of any discount for prompt payment offered; Remit to Address; (ix) Name, title, and phone number of person to notify in event of defective invoice; and 3. Invoice Supporting Documentation. In order to ensure payment, the vendor must also submit supporting documentation to the Contracting Of?cer?s Representative (COR) identified in the contract as described below. Supporting documentation shall be submitted to the COR or contract Point of Contact (POC) identi?ed in the contract or task order with all invoices, as apprOpriate. See paragraph 4 for details regarding the safeguarding of information. Invoices without documentation to support invoiced items, containing charges for items outside the scope of the contract, or not based on the most recent contract base or modi?cation rates will be considered improper and returned for resubmission. Supporting documentation requirements include: Firm Fixed Price Items (items not subject to any adjustment on the basis of the contractor?s cost experience, such as pre-established guaranteed minimums for detention or transportation): do not require detailed supporting documentation unless speci?cally requested by the Government. Fixed Unit Price Items (items for allowable incurred costs, such as detention and/or transportation services with no defined minimum quantities, stationary guard or escort services, transportation mileage or other Minor Charges such as sack lunches and detainee wages): shall be fully supported with documentation substantiating the costs and/or re?ecting the established price in the contract and submitted in .pdf format. Detention Services (other than ?rm ?xed price): (1) Bed day rate; (2) Resident?s/detainee?s check-in and check-out dates; (3) Number of bed days multiplied by the bed day rate; (4) Name of each detainee; Page 44 of 48 DROIGSA- 0-0001 P00005 (5) Resident?s/detainee?s identi?cation information Transportation Services (other than ?rm ?xed price): (I) The mileage rate being applied for that invoice. (2) billing reports listing transportation services provided; number of miles; transportation routes provided; locations serviced and/or names/numbers of detainees transported; an itemized listing of all other charges; and, for reimbursable expenses (6. g. travel expenses, special meals, etc.) copies of all receipts. Stationary Guard Services (other than ?rm ?xed price): (1) The itemized invoice shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the that was/were guarded. Other Direct Charges: The invoice shall include appropriate supporting documentation for any direct charge billed for reimbursement. 4. Safeguarding Information: As a contractor or vendor conducting business with Immigration and Customs Enforcement (ICE), you are required to comply with DHS Policy regarding the safeguarding of Sensitive Personally Identi?able Information (Pll). Sensitive P11 is information that identifies an individual, including an alien, and could result in harm, embarrassment, inconvenience or unfairness. Examples of Sensitive include information such as: Social Security Numbers, Alien Registration Numbers (A-Numbers), or combinations of information such as the individual?s name or other unique identifier and full date of birth, citizenship, or immigration status. As part of your obligation to safeguard information, the follow precautions are required: Email supporting documents containing Sensitive PII in an attachment with password sent separately. Never leave paper documents containing Sensitive PII unattended and unsecure. When not in use, these documents will be locked in drawers, cabinets, desks, etc. so the information is not accessible to those without a need to know. Use shredders when discarding paper documents containing Sensitive PII. Refer to the DHS Handbook for Safeguarding Sensitive Personally Identi?able Information (March 2012) found at for more information on and/or examples of Sensitive 5. If you have questions regarding navment. nlease contact ICE Financial Operations at 1-877- 49Hb (3)733.) email a. @,ice.dhs.gov Page 45 of 48 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001184 PAGE OF PAGES ORDER FOR SUPPLIES OR SERVICES 1 IMPORTANT: Mark all packages and papers with contract and/or order numbers. 6. SHIP TO: 2. CONTRACT NO. (If any) 1. DATE OF ORDER DROIGSA-10-0001 07/15/2010 3. ORDER NO. 54 a. NAME OF CONSIGNEE 4. REQUISITION/REFERENCE NO. See the IGSA Facility Location 192110FLSTHEO0037 b. STREET ADDRESS 5. ISSUING OFFICE (Address correspondence to) ICE/Detent Mngt/Detent Contract-LAG Immigration and Customs Enforcement Office of Acquisition Management 24000 Avila Road, Room 3104 Attn: (b)(6), (b)(7)(c) Laguna Niguel CA 92677 c. CITY d. STATE e. ZIP CODE f. SHIP VIA 7. TO: a. NAME OF CONTRACTOR COUNTY OF ORANGE 8. TYPE OF ORDER b. COMPANY NAME a. PURCHASE b. DELIVERY REFERENCE YOUR: c. STREET ADDRESS Except for billing instructions on the reverse, this delivery order is subject to instructions contained on this side only of this form and is issued subject to the terms and conditions of the above-numbered contract. 320 N FLOWER ST SUITE 108 d. CITY e. STATE SANTA ANA CA Please furnish the following on the terms and conditions specified on both sides of this order and on the attached sheet, if any, including delivery as indicated. f. ZIP CODE 927020000 9. ACCOUNT NG AND APPROPRIATION DATA 10. REQUISITION NG OFFICE See Schedule ICE Detention & Removal 11. BUSINESS CLASSIFICATION (Check appropriate box(es)) X a. SMALL d. WOMEN-OWNED c. DISADVANTAGED e. HUBZone f. EMERGING SMALL BUSINESS 13. PLACE OF a. NSPECTION 12. F.O B. POINT b. OTHER THAN SMALL g. SERVICEDISABLED VETERANOWNED 14. GOVERNMENT B/L NO. 15. DELIVER TO F.O.B. POINT ON OR BEFORE (Date) 16. DISCOUNT TERMS 07/20/2015 b. ACCEPTANCE Destination Destination Destination Various 17. SCHEDULE (See reverse for Rejections) ITEM NO. (a) QUANTITY ORDERED UNIT (d) (c) SUPPL ES OR SERVICES (b) UNIT PRICE (e) QUANTITY ACCEPTED (g) AMOUNT (f) DUNS Number: 877474973 . Finance/Propgram POC: (b)(6), (b)(7)(c) (213) 830 (b)(6), (b)(7)(c) COTR POC: (b)(6), (b)(7)(c) (213)830- (b)(6), (b)(7)(c) Continued ... 18. SH PP NG PO NT 19. GROSS SHIPPING WEIGHT 17(h) TOTAL (Cont. pages) 20. INVOICE NO. 21. MAIL INVOICE TO: SEE BILLING INSTRUCTIONS ON REVERSE a. NAME DHS, ICE b. STREET ADDRESS (or P.O. Box) Burlington Finance Center P.O. Box 1620 Attn: ICE-DRO-FOD-FLS c. CITY Williston 22. UNITED STATES OF AMERICA BY (Signature) $0.00 17(i) GRAND TOTAL d. STATE VT e. ZIP CODE $0.00 05495-1620 23. NAME (Typed) (b)(6), (b)(7)(c) TITLE: CONTRACTING/ORDERING OFFICER AUTHORIZED FOR LOCAL REPRODUCTION PREVIOUS EDITION NOT USABLE OPTIONAL FORM 347 (Rev. 4/2006) Prescribed by GSA/FAR 48 CFR 53.213(e) ICE.2012FOIA3030001185 ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION PAGE NO 2 IMPORTANT: Mark all packages and papers with contract and/or order numbers. DATE OF ORDER CONTRACT NO. ORDER NO. 07/15/2010 DROIGSA-10-0001 ITEM NO. SUPPLIES/SERVICES (a) (b) QUANTITY UNIT ORDERED (c) (d) UNIT PRICE (e) AMOUNT QUANTITY ACCEPTED (g) (f) . Accounting Info: Period of Performance: 07/20/2010 to 07/19/2015 0001 Bed Day Rate in accordance in accordance with the Standard Inter-Governmental Service Agreement (IGSA). 1471628 DA 118.00 0.00 720,000.00 0.00 Note: This is not to exceed (NTE) the number of bed spaces; the actual bed spaces may differ. These proposed numbers are subject to change to suit LA Field Office operational needs. Product/Service Code: S206 Product/Service Description: GUARD SERVICES Accounting Info: (b)(7)e $0.00 (Subject to Availability of Funds) 0002 Cost Reimbursement for Medical Prescription Not to Exceed (NTE) in accordance with the Standard Inter-Governmental Service Agreement (IGSA). 5 YR Note: This is not to exceed (NTE) $720,000.00 per year; the actual medical prescriptions may differ. These proposed numbers are subject to change to suit LA Field Office operational needs. . Product/Service Code: S206 Product/Service Description: GUARD SERVICES Accounting Info: (b)(7)e $0.00 (Subject to Availability of Funds) Discount Terms: Net 30 Continued ... TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17(H)) AUTHORIZED FOR LOCAL REPODUCTION PREVIOUS EDITION NOT USABLE $0.00 OPTIONAL FORM 348 (Rev. 4/2006) Prescribed by GSA FAR (48 CFR) 53.213(f) ICE.2012FOIA3030001186 ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION PAGE NO 3 IMPORTANT: Mark all packages and papers with contract and/or order numbers. DATE OF ORDER CONTRACT NO. ORDER NO. 07/15/2010 DROIGSA-10-0001 ITEM NO. SUPPLIES/SERVICES (a) (b) 0003 QUANTITY UNIT ORDERED (c) (d) Escort Services at Regular Rate in 42560 HR accordance with the Standard Inter-Governmental Service Agreement (IGSA). UNIT PRICE (e) AMOUNT QUANTITY ACCEPTED (g) (f) 139.69 0.00 90.51 0.00 139.69 0.00 Note: This is not to exceed (NTE) the number of hours for Escort Services at Regular Rate, the actual hours may differ. These proposed hours are subject to change to suit LA Field Office operational needs. . Product/Service Code: S206 Product/Service Description: GUARD SERVICES Accounting Info: (b)(7)e $0.00 (Subject to Availability of Funds) 0004 Escort Services at Overtime Rate in 21280 HR accordance with the Standard Inter-Governmental Service Agreement (IGSA). Note: This is not to exceed (NTE) the number of hours for Escort Services at Overtime Rate; the actual hours may differ. These proposed hours are subject to change to suit LA Field Office operational needs. . Product/Service Code: S206 Product/Service Description: GUARD SERVICES Accounting Info: (b)(7)e $0.00 (Subject to Availability of Funds) 0005 Stationary Guard Services at Regular Rate 42560 HR in accordance with the Standard Inter-Governmental Service Agreement (IGSA). Note: This is not to exceed (NTE) the Continued ... TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17(H)) AUTHORIZED FOR LOCAL REPODUCTION PREVIOUS EDITION NOT USABLE $0.00 OPTIONAL FORM 348 (Rev. 4/2006) Prescribed by GSA FAR (48 CFR) 53.213(f) ICE.2012FOIA3030001187 ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION PAGE NO 4 IMPORTANT: Mark all packages and papers with contract and/or order numbers. DATE OF ORDER CONTRACT NO. ORDER NO. 07/15/2010 DROIGSA-10-0001 ITEM NO. SUPPLIES/SERVICES (a) (b) QUANTITY UNIT ORDERED (c) (d) UNIT PRICE (e) AMOUNT QUANTITY ACCEPTED (g) (f) number of hours for Stationary Guard Services at Regular Rate; the actual hours may differ. These proposed hours are subject to change to suit LA Field Office operational needs. . Product/Service Code: S206 Product/Service Description: GUARD SERVICES Accounting Info: (b)(7)e $0.00 (Subject to Availability of Funds) 0006 Stationary Guard Services at Overtime Rate 12480 HR in accordance with the Standard Inter-Governmental Service Agreement (IGSA). 90.51 0.00 0.50 0.00 Note: This is not to exceed (NTE) the number of hours for Stationary Guard Services at Overtime Rate; the actual hours may differ. These proposed hours are subject to change to suit LA Field Office operational needs. . Product/Service Code: S206 Product/Service Description: GUARD SERVICES Accounting Info: (b)(7)e $0.00 (Subject to Availability of Funds) 0007 Transportation Mileage Rate in accordance 142802 DH in accordance with the Standard Inter-Governmental Service Agreement (IGSA). Note: This is not to exceed (NTE) the number of mileage; the actual mileage may differ. These proposed routes are subject to change to suit Orange County operational needs. The COTR may direct the Service Continued ... TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17(H)) AUTHORIZED FOR LOCAL REPODUCTION PREVIOUS EDITION NOT USABLE $0.00 OPTIONAL FORM 348 (Rev. 4/2006) Prescribed by GSA FAR (48 CFR) 53.213(f) ICE.2012FOIA3030001188 ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION PAGE NO 5 IMPORTANT: Mark all packages and papers with contract and/or order numbers. DATE OF ORDER CONTRACT NO. ORDER NO. 07/15/2010 DROIGSA-10-0001 ITEM NO. SUPPLIES/SERVICES (a) (b) QUANTITY UNIT ORDERED (c) (d) UNIT PRICE (e) AMOUNT QUANTITY ACCEPTED (g) (f) Provider to transport detainees to unspecified, miscellaneous locations not listed on the transportation Routes. . Product/Service Code: S206 Product/Service Description: GUARD SERVICES (b)(7)e $0.00 (Subject to Availability of Funds) 0008 Detainee Work Program Reimbursement Rate in 294996 DA accordance with the Standard Inter-Governmental Service Agreement (IGSA). 1.00 0.00 Note: This is not to exceed (NTE) quantity of days for Detainee Work Program, the actual number of detainees work may differ. . Product/Service Code: S206 Product/Service Description: GUARD SERVICES Accounting Info: (b)(7)e $0.00 (Subject to Availability of Funds) . This is a fixed price contract to supply goods and/or services at the amount indicated. Contractor should not provide any additional supplies or services and /or bill in any additional amount without authorization by the Contracting Officer. All other terms and conditions remain the same. Funding will be added by issuance of a task order. The total amount of award: $192,564,531.40. Continued ... TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17(H)) AUTHORIZED FOR LOCAL REPODUCTION PREVIOUS EDITION NOT USABLE $0.00 OPTIONAL FORM 348 (Rev. 4/2006) Prescribed by GSA FAR (48 CFR) 53.213(f) ICE.2012FOIA3030001189 ORDER FOR SUPPLIES OR SERVICES SCHEDULE - CONTINUATION PAGE NO 6 IMPORTANT: Mark all packages and papers with contract and/or order numbers. DATE OF ORDER CONTRACT NO. ORDER NO. 07/15/2010 DROIGSA-10-0001 ITEM NO. SUPPLIES/SERVICES (a) (b) QUANTITY UNIT ORDERED (c) (d) UNIT PRICE (e) AMOUNT QUANTITY ACCEPTED (g) (f) The obligation for this award is shown in box 17(i). TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17(H)) AUTHORIZED FOR LOCAL REPODUCTION PREVIOUS EDITION NOT USABLE $0.00 OPTIONAL FORM 348 (Rev. 4/2006) Prescribed by GSA FAR (48 CFR) 53.213(f) ICE.2012FOIA3030001190