(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) CONTINUATION SHEET REFERENCE No OF DOCUMENT BEING CONTINUED PAGE OF 2 2 NAME OF OFFEROR 0R CONTRACTOR MONROE COUNTY OF ITEM NO. SUPPL UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Washington, DC 20536 Alien Adult Detention For the housing, care and detention for persons detained at a daily rate of $74.96 per day per detainee. Transportation Guard Service Provide all air, ground transportation :ervices as may be required to transport detainees securely to location as directed by the ICE COTR or designated ICE official. Transportation between the facility and Ice offices, plus related mileage is included in the per diem rate. other ICL directed transportation/ guard services are reimbursed at the rate of $21.92 per hour for regular 8?hour shift, $32.88 per hour for overtime (OT). Transportation mileage shall be reimbursed at the mileage rate pursuant to the current General Services Administration (GSA) federal travel allowance rates. NSN 7540 01 152 8067 as) Sponson by GSA FAR (48 CFR) 53.110 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (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.2012FOIA3030001252 CONHNUKHONSHEET REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF NAME OF OFFEROR 0R CONTRACTOR MONROE COUNTY OF HEMNO. SUPPLIESISERVICES (B QUANTHY (C) UNH (D) um PRICE AMOUNT (E) (F) indefinitely, unless amended via modification or terminated in writing by either party. Either party must provide written notice of intention to terminate the agreement, 60 days in advance of the effective date of formal termination, or the Parties may agree to a shorter period under the procedures prescribed in Article XI. B. Basis for Price Adjustment: A firm fixed price with economic adjustment provides for upward and downward revision of the Stated Per Diem based upon cost indexes of labor and operating expenses, or based upon the Service Provider's actual cost experience in providing the service." *Note: This is an administrative modification and no or funding is associated. All other terms and conditions of remain the same. NSN 3'540-0I-152v805? OPTIONAL FORM 336 (4-36) Sponsored by 651% FAR (-18 CPR) 53.110 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (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.2012FOIA3030001254 (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.2012FOIA3030001255 REFERENCE NO. OF OUCUMENT BEING CONTINUED PAGE OF SHEET 2 NAME OF OFFEROR OR CONTRACTOR MONROE COUNTY OF ITEM NO. SUPPLIESISERWCES QUANTITY UNIT UNIT AMOUNT (A) (B) (C) (D) (E) (F) 125 SECOND STREET MONROE MI 481612110 To: DUNS: 557173838 MONROE, COUNTY OF 100 2ND ST STE 1 MONROE MI 481612454 2) Update Block 6 with the current address of ICE Detention Management. 3) Consolidate the various rates under this IGSA in the table below and incorporate new invoice instructions. All other terms and conditions remain unchanged. Incorporate the following under Article I. Purpose IGSA Prices: Article I: Bed Rate: Article XVI: Transport Rate: $21.92 Article XVI: Mileage Rate: Pursuant to current GSA federal travel allowance rates Replace Article Enrollment, Invoicing and Payment, paragraph Invoicing, with the following: Invoicing Instructions: Service Providers/Contractors shall use these procedures when submitting an invoice. 1. Invoice Submission: Invoices shall be submitted in a .pdf format on a basis via email to: (bx6%(bx7xc) ?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: DES, ICE Financial Operations Burlington P.O. Box 1620 ATTN: Continued NSN 7543014523136? OPTIONAL FORM 336 Sponsored by GSA FAR (43 CFR 53.110 0001256 REFERENCE NO. OF DOCUMENT BEING CONTINUED - PAGE OF CONTINUATION SHEET 3 NAME OF OFFEROR OR CONTRACTOR MONROE COUNTY OF ITEM NO. SUPPLIESISERVICES UNIT PRICE I I AMOUNT (A) (B) (C) (D) (E) (F) 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 met. The ICE program office identified 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 verification 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, extended price and period of performance of the items or services 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 Officer's Representative (COR) identified in the contract as described below. Supporting documentation shall be submitted to the COR or contract Point of Contact (POC) identified in the contract or task order with all invoices, as appropriate. See paragraph 4 for details regarding the safeguarding of information. Continued NSN mum-152396? OPTIONAL FORM 336 (486) Sponsored by GSA REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 4 NAME OF OFFEROR OR CONTRACTOR MONROE COUNTY OF HEMNO. QUANHTYUNH AMOUNT (A) (B) (C) (D) (E) (F) 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 modification 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 specifically 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 reflecting the established price in the contract and submitted in .pdf format. Detention Services: (1) Bed day rate; (2) Residentgs/detaineeas check?in and check?out dates; (3) Number of bed days multiplied by the bed day rate; (4) Name of each detainee; (5) Residentis/detainee's identification information Transportation Services: (1) 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 travel expenses, special meals, etc.) copies of all receipts. - Stationary Guard Services: Continued NSN 7540?01452-8067 FORM 336 {4?86) Sponsored by GSA REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF CONTINUATION SHEET 5 6 NAME OF OFFEROR 0R CONTRACTOR MONROE COUNTY OF ITEM No. SUPPLIESISERVICES QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) 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.l Other Direct Charges: The invoice shall include appropriate supporting documentation for any direct charge billed for reimbursement. 4. Safeguarding Information: vendor conducting business with Immigration and Customs Enforcement (ICE), you are required to comply with DHS Policy regarding the safeguarding of Sensitive Personally Identifiable Information (PII). Sensitive PII is information that identifies an individual, including an alien, and could result in harm, embarrassment, inconvenience or unfairness. Examples of Sensitive PII 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 Sensiti 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 Identifiable Information (March 2012} found at for more information on and/or examples of Sensitive PII. 5. If you have questions regarding payment, please contact ICE Financial Operations at e?mail at (bxm?wx7xm @ice.dhs.gov Continued As a contractor or re NSN 7540-01 -1 52-5057 FORM 336 {4-86) Sponsored by GSA REFERENCE NO. OF DOCUMENT BEING CONTINUED PAGE OF SHEET 6 5 NAME OF OFFEROR 0R CONTRACTOR MONROE COUNTY OF ITEM NO. SUPPLIESISERVJCES QUANTETY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Exempt Action: NSN ?540-01-152-306? OPTIONAL FORM 330(4?86) Sponsored FAR 45an 53.110 IA30 0001260 (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.2012FOIA3030001261 CONTINUATION SHEET REFERENCE No. OF DOCUMENT BEING CONTINUED PAGE OF I . I 2 2 NAME OF OFFEROR 0R CONTRACTOR MONROE COUNTY OF ITEM No. QUANTITY UNIT UNIT PRICE AMOUNT (A) (B) (C) (D) (E) (F) Article_I: Bed Rate: $74.96 Article XVI: Transport Rate: $21.92 Article XVI: Mileage Rate: Pursuant to current GSA federal travel allowance rates Video TeleConferencing: At Cost Sack Lunches: $3.00 Per Lunch Exempt Action: All other terms and conditions remain unchanged and'in full force. and effect. NSN 7540-01452-8067 OPTIONAL FORM 336 Sponsored by GSA FAR (48 CPR) 53.110 (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) (b)(6), (b)(7)(c) ICE.2012FOIA3030001263 Article I. Purpose A. Pu_rp_ ose: 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 Co?rt, the Board of Immigration Appeals or other Federal judicial body. B. Responsibilities: This Agreement sets forth the responsibilities of ICE and the Service Provider. The Agreement states the services the Service Provider shall perform satisfactorily to receive payment from ICE at the rate prescribed in Article I, C. C. Guidance: This is a ?xed rate agreement, not a cost reimbursable agreement, with respect to the detainee day rate. The detainee day rate is 74.96. ICE shall be responsible for reviewing and approving the costs associated with this Agreement and subsequent modi?cations utilizing all applicable federal procurement laws, regulations and standards in arriving at the detainee day rate. - Article II. General - A. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present detainees to the Service Provider nor direct performance of any other services until ICE hasthe apprOpriate funding. Orders will be placed under this Agreement when speci?c-requirements have been identi?ed and funding obtained. Performance under this Agreement is not? authorized until the Contracting Of?cer issues an order, in writing. The effective date of the Agreement will be negotiated and speci?ed in a delivery order to this-Agreement that is supported by the ICE Contracting Of?cer. This Agreement is neither binding nor effective unless signed by the ICE Contracting Of?cer. Payments at the approved rate will be paid upon the return of the signed Agreement by the authorized Local Government of?cial to ICE. I B. Subcontractors: The Service Provider shall notify and obtain approval from the'ICE . Contracting Of?cer?s Technical Representative (COTR) or designated ICE of?cial if it intends to house ICE detainees in a facility other than the MONROE COUNTY JAIL. If either that facility, or any ?iture 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 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. 7/1/2003 - RFP AttachmentZ - - Page20f15 ICE.2012FOIA3030001264 C. Consistent with Law: This is a ?rm ?xed rate agreement, not cost reimbUrsable agreement. This Agreement is permitted under applicable statutes, regulation, policies or judicial mandates. Any provision of this Agreement contrary to appliCable statutes, regulation, policies or judicial mandates is null and void and shall not necessarily affect the balance of the Agreement. - Article Covered Services A. Bedspace: The Service Provider shall provide male/female beds on a space available basis. The Service Provider shall house all detainees as determined within the Service Provider?s classi?cation system. ICE will be ?nancially'liable only for the actual detainee days as de?ned in Paragraph of Article B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, housing, subsistence, medical and other services in accordance with this Agreement. In providing these services, the Service Provider shall ensUre compliance with all applicable laws, regulations, ?re and safety codes, policies and procedures. 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 official. The types and levels of services shall be consistent with those the Service Provider routinely affords other inmates. C. Unit of Service and Financial Liability: The unit of service is called a ?detainee day?. and is de?ned as one person per day. The detainee day begins on the date of arrival. The Service Provider may bill ICE for the date of arrival but not the date of departure. The Service Provider shall not charge for costs that are not directly related to the housing and detention of detainees. Such costs include but are not limited to: 1) - Salaries of elected of?cials 2) Salaries of employees not directly engaged in the housing and detention of detainees .3) Indirect costs in which a percentage of all local government costs are pro- rated and applied to individual departments unless, those cost are allocated under an approved Cost AlloCation Plan 4) Detainee services which are not provided to, or cannot be used by, Federal detainees 5) Operating costs of facilities not utilized by Federal detainees - 6) Interest on borrowing-(however represented), bond discounts, costs of ?nancing/re?nancing, except as prescribed by OMB Circular 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 D. Interpretive Services: The Service Provider shall make special provisions for non? English speaking, handicapped or illiterate detainees. ICE will reimburse the ServiCe 7/1/2008 RFP Attachment2 - Page 3 of-is II, .3Provider for the actual costs associated with providing commercial written or telephone language interpretive services. Upon request, ICE will assist the Service Provider in obtaining translation Services. The Service Provider shall provide all instructions verbally either in English or the detainees? language, as appropriate, to detainees who cannot read. The Service Provider shall include the actual costs that the Service Provider paid for such services on its invoice. Except in emergency situations, the Service Provider shall not use detainees for translation services. If the Service Provider uses a detainee for translation service, it shall notify ICE within twenty?four (24) hours of the translation service. . E. Escort and Transportation Services: The Service Provider will provide, upon request and as scheduled by ICE, necessary escort and'transportation services for ICE detainees to and from designated locations. Escort services will be required for escorting detainees to court hearings; escorting witnesses to the courtroom and staged with the ICE Judge during administrative proceedings. Transportation Services shall be performed by at least (bxme) quali?ed sworn law enforcement 'or correctional of?cer personnel employed by the Service Provider under their policies, procedures and authorities. See Article XVII. Article IV. Receiving and Discharging Detainees A. Required Activity: The Service Provider shall receive and discharge detainees only to and from properly identi?ed ICE personnel or other properly identi?ed Federal law enforcement of?cials with prior authorization from Presentation of US. Government identi?cation shall constitute ?proper identi?cation.? The Service Provider shall furnish receiving and discharging services twenty-four (24) hours per day, seven (7) days per week. ICE shall furnish the Service Provider with reasonable notice of receiving and discharging detainees. The Service Provider shall ensure positive identi?cation and recOrding of detainees and ICE of?cers. The Service Provider shall not permit medical or emergency discharges except through coordination with on?duty ICE of?cers. - B. Emergency Situations; ICE detainees shall not be released from the facility into the custody of other Federal, state, or local of?cials for any reason, except for medical or emergency situations, without express authorization of ICE. - C. Restricted Release of Detainees: The Service Provider shall not release ICE detainees from its physical custody to any persons other than those described in-Paragraph A of Article IV for any reason, except for either medical, other emergency situations, or in response to a federal writ of habeas corpus. If an ICE detainee is sought for federal, state, or local proceedings, only ICE may authorize release of the detainee for such purposes. The Service Provider shall contact the ICE COTR or designated ICE of?cial immediately regarding any such requests. D. Service Provider Right of Refusal: The Service Provider retains the right to refuse acceptance, or request removal, of any detainee exhibiting violent or disruptive behavior, or of any detainee found to have a medical condition that requires medical care beyond the scope of the Service Provider?s health care provider. In the case of a detainee already in custody, the Service Provider shall notify ICE and request such removal of the 7/1/2003 - RFP Attachment 2 Page 4 of 15 ICE-.2012FOIA3030001266 . r? I i 1 . detainee from the Facility. The Service Provider Shall allow ICE reasonable time to make alternative arrangements for the detainee. E. Emergency Evacuation: In the event of an emergency requiring evacuation of the Facility, the 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 COTR or designated ICE of?cial. within two (2) hours of evacuation. - . Article V. Detention Standards I Satisfactory Performance: The Service Provider is required to house detainees and perform related detention services in accordance with the most current edition of ICE National Detention Standards ICE Inspectors will conduct .periodic in3pections of the facility to assure compliance with the ICE National Detention Standards. Article VI. Medical Services A. Auspices of Health Authority: The Service Provider shall provide ICE detainees with on- site health 'care services under the control of a local. government designated Health Authority. The Service Provider shall ensure equipment, supplies, and materials, as required by the Health Authority, are ?nnished to deliver health care on?site. B. Level of Professionalism: The Service Provider shall ensure that all health care serviCe providers utilized for ICE detainees hold current licenses, certi?cations, and/or registrations with the State and/or'City where they are practicing. The ServiCe Provider shall retain a registered nurse to provide health care and sick call coverage unless expressly stated otherwise in this Agreement. In the absence of a health care professional, non-health care personnel may refer detainees to health care resources based upon protocols deveIOped by United States Public Health Service (USPHS) Division of Immigration Health Services (DIHS). Access to Health Care: The Service Provider shall ensure that on-site medical and health care coverage as de?ned below is available for all ICE detainees at the facility for at least eight (8) hours per day, seven (7) days per week. The Service Provider shall ensure that its employees solicit each detainee for health complaints and deliver the complaints in writing to the medical and health care staff. The Service Provider shall furnish the detainees instructions in his or her native language for gaining access to health care services as prescribed in Article Paragraph D. D. On?Site Health Care: The Service Provider shall furnish on?site health care under this Agreement. The Service Provider shall not charge any ICE detainee an additional fee or Co-payment for medical services or treatment provided at the Service Provider's facility. The Service Provider shall ensure that ICE detainees receive no lower level of on?site medical care and services than those it provides to local inmates. 7/1/2008 RFP Attachment 2 Page 5 of 15 - On-site health care services shall include arrival screening within twenty-four (24) hours of arrival at the Facility, sick call coverage, provision of over?the-counter medications, treatment of minor injuries g. lacerations, sprains, and contusions), treatment of special needs and mental health assessments. Detainees with chronic conditions shall receive prescribed treatment and follow-up care. E, Arrival Screening: Arrival screening shall include at a minimum TB screening, planting of the Tuberculin Skin Test (PPD), and recording the history of past and present illnesses (mental and physical). The health care service provider or trained health care personnel may perform the arrival screening. F. Acceptance of Detainees with Extreme Health Conditions: If the Service Provider determines that an ICE detainee has a medical condition which renders that person unacceptable for detention under this Agreement, (for example, contagious disease, condition needing life support, uncontrollable violence), the Service Provider shall notify the ICE COTR or the designated ICE of?cial. Upon such noti?cation the Service Provider shall allow ICE reasonable time to make the proper arrangements for further disposition of that detainee. G. DIHS Pre-Approval for Non-Emergency Off-Site Care: The Service Provider shall obtain DIHS approval 'for any non-emergency, off-site healthcare- for any detainee. DIHS acts as the agent and ?nal health authority for ICE on all off-site detainee medical and health related matters. The relationship of the DIHS to the detainee equals that of physician to patient. The Service Provider shall release any and all medical information for ICE . detainees to the DIHS representatives upon request. The Service Provider shall solicit DIHS approval before proceeding with non-emergency, off-site medical care g. off site lab testing, eyeglasses, cosmetic dental prosthetics, dental care for cosmetic purposes). The Service Provider shall submit supporting documentation for non-routine, off-site medical health services to DIHS. For medical care provided outside the facility, DIHS may determine that an alternative medical provider or institution is more cost-effective or more aptly meets the needs of ICE and the detainee. ICE may refuse to reimburse the Service Provider for non-emergency medical costs incurred that were not pre?approved by the DIHS. The Service Provider shall send all requests for preeapproval for non- emergent off?site care to: Phone: (888) 718 FAX: (866) 475-9349 Via website: The Service Provider'is to notify all medical providers approved to furnish off?site health care of detainees to submit their bills in accordance with instructions provided to: United States Public Health Services Division of Immigration Health Services 1220 Street, NW PMB 468 Washington, DC 20005-4018 (Phone): W): (FAX): (866)-475-9349 Via website: 7/1/2008 RFP Attachment 2' Page 6 of 15 H. Emergency MediCal Care: The Service Provider shall furnish twenty-four (24) hour emergency medical care and emergency evacuation procedures. In an emergency, the Service Provider shall obtain the medical treatment required to preserve the detainee's. health. The Service Provider shall have access to an off-site emergency medical provider at all times. The Health Authority of the Service Provider shall notify the DIHS Managed Care Coordinator by calling the telephone number listed in paragraph above as soon as possible, and in no case more than seventy-two (72) hours after detainee receipt of such care. The Health Authority will obtain pr'e-authorization from the DIHS Managed Care Coordinator for service(s) beyond the initial emergency situation. I. Off-Site Guards: The Service Provider shall provide guards at all times detainees are admitted to an outside medical facility. J. DIHS Visits: The Service Provider shall allow DIHS Managed Care Coordinators reasonable access to its facility for the purpose of liaison activities with the Health Authority and associated Service Providerdepartments. Article VII. No Employment of Unauthorized Aliens Subject to existing laws, regulations, Executive Orders, and addenda to this Agreement, the Service Provider shall not employ aliens unauthorized to work in the United States. Except for maintaining personal living areas, ICE detainees shall not be required to perform manual - labor. - Article Employment Screening Requirements A. General. The Service Provider shall certify to the US. Immigration and Customs Enforcement, Contracting Of?cer that any employees performing under this Agreement, Who have access to ICE detainees, will have successfully completed an employment screening that includes at a minimum a criminal history records check, employment reference checks and a citizenship check. B. Employment Eligibility. Screening criteria that will exclude applicants from consideration to perform under this agreement includes: 1. Felony convictions 2. Conviction of a sex crime 3. Offense/s involving a child victim 4. Felony drug convictions 5. Pattern of arrests, without convictions, that brings into question a person's judgment and reliability to promote the ef?ciency and integrity of the ICE mission. 6. Intentional falsi?cation and/or omission of pertinent persbnal information to in?uence a favorable employment decision. 'Subj eet to existing law, regulations and/or other provisions of this Agreement, illegal or Undocumented aliens shall not be employedby the Service Provider. 7/1/2003 RFP Attachment 2 Page 7 or 15 - The Service Provider shall certify that each employee Working on this Agreement will have a Social Security Card issued and approved by the Social Security Administration. The Service Provider shall be responsible to the Government for acts and omissions of his own employees and for any Subcontractor(s) and their employees. The Service Provider shall expressly incorporate this prevision into any and all Subcontracts or subordinate agreements issued in support of this Agreement. The ServiceProvider shall recertify their employees every three years by conducting a criminal history records check to maintain the integrity of the workforce. The Service Provider shall implement a Self?Reporting requirement for its employees to immediately report one's own criminal arrest/s to superiors. C. Security Management. The Service Provider-shall appoint a senior of?cial to act as the Agreement Security-Of?cer. The individual will interface with the all security I matters, to include physical, personnel, and protection of all'Govemment information and data accessed by the Service Provider. The COTR and Contracting Of?cer shall have the right to inspect the procedures, methods, all documentation and facilities utilized by the Service Provider in complying with the security requirements under this. Agreement. Should ICE determine that the Service Provider is not complying with the security requirements of this Agreement, the Service Provider shall be'informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with these employment screening requirements. Article IX. Period of Performance A. This Agreement shall become effective upon the date of ?nal signature by the ICE Contracting Of?cer and the authorized signatory of the Service Provider and will remain in effect for a period not to exceed 60 months unless amended via modi?cation, or terminated in writing by either party. Either party must provide written notice of intention to terminate the agreement, 60 daysin advance of the effective date of formal termination, or the Parties may agree to a shorter period under the procedures prescribed in Article XI. . B. Basis for Price Adiustment: A ?rm fixed price with economic adjustment provides for upward and downward revision of the stated Per Diem based upon cost indexes of labor and operating expenses, or based upon the Service Provider?s actual cost experience in providing the service. Article X. Inspection A. Jail Agreement Inspection Report: The Jail Agreement Inspection Report stipulates minimum requirements for ?re/safety code compliance, supervision, segregation, sleeping utensils, meals, medical care, con?dential communication, telephone access, legal counsel, legal library, visitation, and recreation. The Service Provider shall allow ICE to conduct inspections of the facility, as required, to ensure an acceptable level of 7/1/2008 RFP Attachment 2 Page 8 of 15 services and acceptable conditions of con?nement as determined by notice to the Service Provider is required prior to. an inspection. ICE will conduct such inspections in accordance with the Jail Agreement Inspection Report. ICE Will share ?ndings of the inspection with the Service Provider's facility administrator. The Inspection Report will state any improvements to facility operation, conditions Of con?nement, and level of . service that will be required by the Service Provider. B. Possible Termination: If the Service Provider fails to remedy de?cient service identi?ed through an ICE inspection, ICE may terminate this Agreement without regard to the provisions of Articles IX and XI. C. Share Findings: The Service Provider shall provide ICE copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. Access to Detainee Records: The Service Provider shall, upon request, grant ICE access to any record in its possession, regardless of whether the Service Provider created the" record, concerning any detainee held pursuant to this Agreement. This right of aCcess shall include, but is not limited to, incident reports, records relating to suicide attempts, and behavioral assessments and other records relating to the detainee's behavior while in the Service Provider?s custody. Furthermore, the Service Provider shall retain all records where this-right of access applies for a period of two (2) years from the date of the detainee's discharge from the Service Provider's custody. 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. A modi?cation will become a part of this Agreement only after the ICE Contracting Of?cer and the authorized signatory of the Service Provider have approved the modi?cation in writing. Disputes: The ICE Contracting Of?cer and the authorized signatory of the Service Provider will settle disputes, questions and concerns arising from this Agreement. I 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 employall methods available to resolve the diSpute including alternative dispute resolution techniques. The Service Provider shall proceed diligently with performance of this Agreement pending. ?nal resolution of any dispute. Article XII. Adjusting the Detainee Day Rate ICE shall reimburse the Service Provider at the ?xed detainee day rate shown on the cover page of the document, Article I. (C). The Parties may adjust the rate twelve (12) months - after the effective date of the agreement and every twelve (12) months thereafter. The Parties 7/1/2008 RFP Attachment 2 Page 9 of 15 shall base the cost portion of the rate adjustment on the principles of allowability'and allowability as set forth in OMB Circular A-8 7, federal procurement laws, regulations, and standards in arriving at the detainee day rate. The request for adjustment shall be submitted on an ICE Jail Services Cost Statement. If ICE does not receivean of?cial request for a detainee day rate adjustment that is supported by an ICE Jail Services Cost Statement, the ?xed detainee day rate as stated in this Agreement will be in place inde?nitely. See Article XI A, . ICE reserves the right to audit the actual and/or prospective costs upon which the rate adjustment is based. All rate adjustments are prospective. As this is a ?xed rate agreement, there are no retroactive adjustment(s). Article Enrollment, Invoicing, and Payment A. Enrollment in Electronic Funds Transfer: The Service Provider shall provide ICE with the information needed to make payments by electronic funds transfer (EFT). Since January 1,1999, ICE makes all payments only by EFT. The Service Provider shall identify their ?nancial institution and related information on Standard Form 3881, Automated Clearing House (ACH) Vendor MiscellaneousPayment 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. Invoicing: The Service Provider shall submit an original itemized invoice containing the follovVing information: the name and address of the facility; the name of each ICE - detainee; detainee"s A-number; speci?c dates of detention for each detainee; the total number of detainee days; the daily rate; the total detainee days multiplied by the daily rate; an itemized listing of all other charges; and the name, title, address, and phone number of the local of?cial responsible for invoice preparation. The Service Provider shall submit invoices within the ?rst ten (10) working days of the month following the calendar month when it? provided the services, to: Department of Homeland Security Immiorntinn mar} pilst'oms EnfOrcement - Mt billott St Detroit, MI 48207 Phone: (3131 568-6074 @dhsgov NOTE: Soon consolidated invoicing will be implemented. The following language and procedure will then be implemented and put into effect by separate written notice from the Contracting Of?cer. I . B. Invoicing The Service Provider shall submit an original itemized invoice within the ?rst ten (10) working days of the month following the calendar month when it provided the services via one of the following three methods: 7/1/2008 RFP Attachment 2 Page 10 of 15 I a. By mail: DHS, ICE Burlington Finance Center - P.O. Box 1620 Williston, VT 05495-1620 xample) By facsimile (fax): (include a cover sheet with point of contact of pages) 802-288-7658 o. By e-mail: @dhs 0V Invoices submitted by other than these three methods will be retumed. The contractor?s Taxpayer Identi?cation Number (TIN) must be registered in the Central Contractor Registration (http://mvwecr. gov) prior to award and shall be notated on every invoice submitted to ICE on' or after to ensure prompt payment provisions are met. The ICE program of?ce shall also be notated on every invoice. I Each invoice submitted shall contain the following information: the name and address of the facility; Invoice date and number; - Agreement number, line item number and, if applicable, the Task order number; 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). The Contractor shall include its TIN on-the invoice only if required elsewhere in this Agreement. (See paragraph 1 above.) the name of each ICE resident/detainee; resident?s/detainee?s A?number; speci?c dates of detention for each resident/detainee; the total number of residential/detainee days; the daily rate; - the total residential/detainee day's multiplied by the daily rate; . an itemized listing of all other charges; For Stationary guard services, the itemized invoice shall state the number of hours being billed, the duration of the billing (times and dates) and the name of the that was guarded. 1rer 9915?.? a a Invoices without the above information may be returned for resubmission. C. Pam ent: 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 7/1/2008 - RFP Attachment2 Page 11 oflS . ICE-.2012FOIA3030001273 calendar day after the ICE Deportation of?ce receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The PrOmpt Payment Act requires ICE to pay interest on overdue payments to the Service Provider. ICE will determine any interest due in accordance with the Prompt Payment Act. - Article XIV. Government Furnished Property. A. Federal 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 government furnished property. B. Service Provider Responsibility: The Service Provider shall not remove ICE property from the facility without the prior written approval of ICE. The Service Provider shall report any loss or destruction of any Federal Government prOperty immediately to ICE. Article XV. Held Harmless and Indemni?cation Provisions A. Service Provider Held Harinless: ICE shall, subject to the availability of hands, save and - hold the Service Provider harmless and indemnify the Service Provider against any and all liability claims and costs of whatever kind and nature, for injury to or death of any - person(s), or loss or damage to any property, which occurs in connection with or is incident to performance of work under the terms of this Agreement, and which results .?om negligent acts or omissions of ICE officers or employees, toithe extent that ICE would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 USC 2691 et seq. - B. Federal Government Held Harmless: The Service Provider shall save and hold harmless and indemnify federal government agencies to the extent allowed by law against any and all liability claims, and costs of whatsoever kind and nature for injury to or death of any person or persons and for loss or damage to any prOperty obourring in connectiOn with, or in any way incident to or arising out of the occupancy, use, service, operation or performance of work under the tenets of this Agreement, resulting from the negligent acts or omissions of the Service Provider, or any employee, or agent of the Service Provider. In so agreeing, the Service Provider does not waive any defenses, immunities 0r limits of liability available to it under state or federal law. - C. Defense of Suit: In the event a detainee ?les suit against the Service Provider contesting the legality of the detainee's incarceration and/or immigration/citizenship status, ICE Shall request that the US. Attorney's Of?ce, as appropriate, move either to have the 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, shall request that the US. Attorney's Of?ce be responsible for the defense of any suit on these grounds. - . 7/1/2008 RFP Attachment 2 Page 12 of 15 . ICE Recoverv 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 preperty. "Upon request of the Contracting Of?cer, the Service Provider shall, at ICE's expense, furnish to ICE all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of the instruments of assignment in favor of ICE in obtaining recovery-._ Article XVI. Financial Records A. Retention of Records: All ?nancial records, supporting documents, statistical records, and other records pertinent to contracts or subordinate agreements under this Agreement shall be retained by the Service Provider for three (3) years for purposes 0f 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. I . B. Access to Records: ICE and the Comptroller General of the United States, or any 0f their authorized representatives, shall have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its sub-contractors, which are pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. - C. Delinquent Debt CollectiOn: ICE will hold the Service Provider accountable for any overpayment, or any breach of this Agreement that results in a debt owed to the Federal Government. ICE shall apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Government by the Service Provider pursuant to the Debt Collection Improvement Act of 1982, as amended. Article XVII. Guard/Transportation Services (If Applicable) I A. Transport Services Rate: The Service Provider agrees, upon request of the Federal Government in whose custody an ICE detainee is held, to provide all such air/ground transportation services as may be required to transport detainees securely, in" a timely manner, to locations as directed by the ICE COTR or designated ICE of?cial. Transportation between the facility and of?ces, plus related mileage is included in the daily per diem rate. Other ICE directed transportation will be reimbursed at the rate . 0f 21.92 'per hour. Transportation mileage shall be reimbursed at the mileage rate established pursuant to the current General Services Administration (GSA)/federal travel allowance rates. Any incurred overtime pay for such services will be reimbursed at the applicable overtime rate of 32.88 per hour. At least WW9) quali?ed law enforcement or correctional of?cer personnel employed by the Service Provider under their policies, procedures and practices will perform transport services. 7/1/2008 RF-P Attachment 2 Page 13 of 1-5 oMedical Transportation: Transportation and/or escort/stationary guard services fOr ICE detainees housed at the Service Provider?s facility to and from a medical facility for outpatient care, and transportation and/or escort guard services for ICE detainees housed at the Service Provider?s facility admitted to a medical facility; and to detainees attending off-site court proceedings. An of?cer or of?cers, shall keep the detainee under constant supervision twenty?four (24) hours per day until the detainee is ordered released from the hospital, or at the order of the COTR. The Service Providers agrees to augment such practices as may be requested by ICE to enhance speci?c requirements-for security, - detainee monitoring, visitation, and contraband control. C. Indemnities: Furthermore, the Service Provider agrees to held harmless and indemnify and its of?cials in their of?cial and individual capacities from anyliability, including third-party liability or worker?s compensation, arising from the conduct of the. Service Provider and its employees during the course of transporting ICE detainees. D. Personal Vehicles: The Service Provider shall not allow employees to use their personal vehicles to transport detainees. The Service Provider shall furnish vehicles equipped with interior security features including physical separation of detainees from guards. The Service Provider shall provide interior security speci?catiOns of the vehicles to ICE for review and approval prior to installation. E. Training and Compliance: The Service Provider shall comply with ICE tranSportation standards related to the number of hours the 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, andwear the same uniforms as those personnel provided for in Other areas of this agreement. I F. Same Sex Transport: During all transportation activities, at least one (1) of?cer shall be - the same'sex as the detainee. Questions concerning guard assignments shall be directed to the COTR for ?nal determination. G. Miscellaneous Transnortation: 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 detaince(s) that was guarded. . Article Contracting. Of?cer?s Technical Representative .. or successor des gnated as or this Agreemen. When and if the utres 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. 7/1/2008 . . RFP Attachment2 - - Page 14 Of 15 Article XIX. Labor Standards and Wage Determination" The- Service Contract Act, 41 U.S.C. 351 et seq., Title 29, Part 4 Labor Standards for Federal Service Contracts, is here by incorporated?Attachment I. These standards and provisions are included in every 'contract/IGSA entered into by the United States or the District of Columbia, in excess of $2,500, or in an inde?nite amount, the principal purpose of which is to furnish services through the use Of service employees--See Attachment 1. I Wage Determination: Each service employee employed in the performance of this contr?act/IGSA shall be paid not less than the minimum monetary wages and shall be 'fumished fringe bene?ts in accordance with the wages and fringe bene?ts determined by the Secretary of Labor or authorized representative, as Specified in any wage determination attached to this contract-?See Attachment 2. END OF DOCUMENT - 7/1/2008 RFP Attachment2 Page 15 01?15