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Home My WebLink About25G - AGMT - INMATE HOUSINGCITY COUNCIL MEETING DATE: JUNE 16, 2015 TITLE: • I A • i..•. • • rr, �,. • CITY MANVGER oy SA.yT v M:�,. ^ C y �FOn' CLERK OF COUNCIL USE ONLY: _••:• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1y` Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO 1;91 W1111 a7 7 Authorize the City Manager and the Clerk of the Council to execute the attached five -year agreement with U.S. Immigration and Customs Enforcement for jail housing services, for the period July 1, 2015 to June 30, 2020, at the per diem rate of $105 per inmate (this is the first increase in nine years and represents a 28% increase in the per diem), subject to non - substantive changes approved by the City Manager and City Attorney. M-4-H-0 0Owl The City of Santa Ana has had an agreement with U.S. Immigration and Customs Enforcement (ICE) since 2006, and has provided housing for federal detainees awaiting immigration proceedings. The per diem rate for this service has been $82.00 since 2006. In accordance with Jail cost recovery strategies, a new per diem rate of $105.00 has been negotiated, which reflects the cost of providing services that include: continued safe and secure housing, increased medical care, and access to a variety of education and recreational programs. ICE Personnel also conduct mandated reviews of the jail facility to ensure it is being complaint with applicable ICE Federal Detention Standards for the safe and humane housing of detainees. Detainees held in the jail facility are provided immediate access to ICE personnel for case inquiries and also have access to non - profit and legal organizations specializing in immigration proceedings within the immediate local area. This rate increase will generate an additional $1.5M to 1.7M per year based on an average daily population of 175 to 200 detainees, and was included in the FY 2015 -16 Jail Revenue projections. The agreement is effective July 1, 2015 through June 30, 2020, and can be terminated by either party for any reason with the written notice of 90 days in advance of termination. 25G -1 U.S. Immigration and Customs Enforcement Agreement June 16, 2015 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item assists the City in meeting Goal #1 Community Safety, Objective #4 (ensure a sound fiscal model for jail operations), Strategy A (modify the Santa Ana Jail business model and Identify short- and long -term goals to effectively meet the needs of the community through contract negotiations with outside agencies, evaluation of staffing needs and increasing operational efficiency). FICAL IMPACT Funds for this agreement will be deposited in the Police Department Jail Facility Rental account (no. 01114002 57460) for fiscal year 2015 -16 through fiscal year 2019 -20. APPROVED AS TO FUNDS AND ACCOUNTS: Carlos Rojas Francisco Gutierrez Chief of Police Executive Director, Finance & Mgmt. Services _ r(A Santa Ana Police Department 25G -2 EROIGSA -15 -0007 INTERGOVERNMENTAL SERVICE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY U,S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF ENFORCEMENT AND REMOVAL OPERATIONS AND CITY OF SANTA ANA This Intergovernmental Service Agreement ( "Agreement ") is entered into between United States Department of Homeland Security Immigration and Customs Enforcement ( "ICE "), and City of Santa Ana, ( "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 institution(s): City of Santa Ana Santa Ana Jail 60 Civic Center Plaza Santa Ana, CA 92701 -4058 The following documents constitute the complete agreement: • Intergovernmental Service Agreement (IGSA) r Proposal dated 03/20/2013, as revised dated 05/29/2015, incorporated herein by reference • Attachment I - PBNDS 2011 OPTIMAL PROVISIONS • Attachment 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts • Attachment 3 - Wage Determination Number: 2005.2047, Dated 12/22/2014 + Attachment 4 — Incorporation of DHS PREA Standards • Attachment 5 — Staffing Plan 4/12112 25G -3 IN WITNESS Wuumr, or, the undersigned, duly authorized officers, have subscribed their names on behalf of the City of Santa Ana and Department of Homeland Security, U.S. Immigration and Customs Enforcement. ACCEPTED: U.S. Immigration and Customs Enforcement Roberta Halls Contracting Officer Signature: Date: ACCEPTED: ATTEST: MARIA HUTZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Laura A. Rossini S enior Assistant City Attorney RECOMMENDED FOR APPROVAL: CARLOS ROJ. Chief of Police CITY OF SANTA ANA DAVID CAVAZOS City Manager 25G -4 A/12/12 EROIGSA -15 -0007 Intergovernmental Service Agreement (IGSA) Table of Contents: Article1. Purpose .................................................................................. ............................... 3 Article2. General ........................................... ............................... ...... ............................... 3 Article 3. Covered Services .................................................................. ............................... 4 Article 4. Receiving and Discharging Detainees ................................. ............................... 6 Article 5, ICE Performance-Based National Detention Standards and Other Applicable,,, 7 Standards Article6. Medical Services .................................................................. ............................... 7 Article 7. Employment Screening Requirements ................................ ............................... 12 Article8. Period of Performance ........................................................ ............................... 13 Article 9, Inspections, Audit, Surveys, and Tours .......... ....................................... .., ...... .. 13 Article 10. Modifications and Disputes ................................................ ............................... 14 Article 11. Adjusting the Bed Day Rate ............................................. ............................... 15 Article 12. Enrollment, Invoicing, and Payment ................................. ............................... 15 Article13, ICE Furnished Property ...... ........ ........................................ — ....................... .... 17 Article 14, Hold Harualess Provisions .................................................. ............................... 17 Article15, Financial Records ............................................................. ............................... 18 Article16. Transportation (if applicable) ............................................. .............................18 Article17, Guard Services ........................... ........................................ ............................... 22 Article 18. Contracting Officer's Representative (COR) .................... ............................... 23 Article 19. Labor Standards and Wage Determination ............................................ .......... - 23 Articlo 20. Notification and Public Disclosures ................................... ............................... 23 Article 21. Incident Reporting ............................................................. ............................... 24 Article 21 Detainee Privacy ................................................................. ............................... 25 Article 21 Zoro Tbleranoe for Sexual Harassment, Abuse, and Assault ............................ 25 Article 24. Detainee Telephone Services ( DTS) ................................... ............................... 26 Article 25. Government Use of Wireless Communication Devices .... ............................... 27 Axticlo 26, Certified Cost and Pricing Data .......................................... ............................... 27 Article 27. Combating Trafficking in Persons—., ................................................................ 35 Article 28. Order of Precedence ............................................................ ............................... 37 25G -5 ERDIGSA -15 -0007 Article 1. Purpose A. Purpose: The purpose of this Inter-Governmental Service Agreerent (IGSA) is to establish an Agreement between ICE and the Service Provider for the provision of the necessary physical strLiQture, equipment, facilities, personnel, and services to provide a program of care in a properly staffed and secure environment 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 final 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 Service Provider shall provide all personnel, management, equipment, supplies, and services necessary for performance of all aspects of the Agreement and onsure that the safekeeping, housing, subsistence, medical, and other program services provided to ICE detainees housed in the facility is consistent with ICE "s civil detention authority, the PWS, IGSA requirements and ICE standards referenced in this agreement. 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 fixed rate agreement, not a cost reimbursable agreement, with respect to the bed day rate for up to 200 detainees, ICE will be responsible for reviewing and approving the costs associated with this Agreement and subsequent modifications utilizing all applicable federal procurement laws, regulations and standard's in arriving at the bed day rate. Bed Day Rate $105,00 per detainee Article 2, General A. Commencement of Services: ICE is under no obligation to utilize the facilities identified herein until the need for detention services has been identified, funding has been identified and made available, and the Facility meets ICE requirements, and is in compliance with ICE 2011 Pei*nnanco�Based National Detention Standards (PBNDS). Therefore, ICE may perform numerous assessments to ensure compliance prior to presenting detainees for housing. *Should there be a need for a ramp -up plan, the effective start of the plan is from the date of the first detainee presented far housing, B. Fundin • The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal fiords, ICE will neither present detainees to the Service Provider nor direct performance of any other services until ICE has the appropriate funding. Orders will be placed under this Agreement when specific requirements have 25G -6 EROIGSA -15 -0007 been identified and funding obligated, Performance under this Agreement is not authorized until the Contracting Officer issues an order in writing. The effective date of the services will be negotiated and specified in this Agreement. The S ervice Provider shall be prepared to accept detainees immediately upon issuance of task order in accordance with the agreed upon ramp -up plan. C, Subcontractors; The Service Provider shall notify and obtain approval from the ICE Contracting Officer if it intends to house ICE detainees in a facility other than the [Facility Name], If either the Facility or any future facility is operated by an entity other than the Service Provider, ICE will treat the entity as a subcontractor to the Service Provider. The Service Provider shall obtain the Contracting Officer's approval before subcontracting the detention and care of detainees to another entity, The Contracting Officer has the right to deny, withhold, or withdraw approval of the proposed subcontractor, Upon approval by the Contracting Officer, 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 froth, or make payments to, a subcontractor. Subcontractors that perform under this agreement are subject to the terms and conditions of this IGSA. D, Consistent with Law: This is a firm fixed rate Agreement, not a cost reimbursable Agreement. This Agreement is permitted under applicable statutes, regulations, policies and 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 and operate up to 200 bed adult civil detention facility. The facility shall be located within appropriate proximity and access to emergency services (medical, fire protection, law enforcement, etc), ICE will be financially liable only for the actual detainee days as defined in Paragraph C of Article 3. B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, housing, subsistence, medical and otber services in accordance with this Agreement. In providing these servioes, the Service Provider shall ensure compliance with all applicable laws, regulations, fire and safety codes, policies and procedures. The types and levels of services shall be consistent with those the Service Provider routinely affords other imitates, 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 COR or designated ICE official. ICE will remove the juvenile within seventy -two (72) hours. C. Unit of Service and Financial Liability; The unit of set-vice is called a "Bed Day" and is defined 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 25G -7 ERMSA -15 -0007 Provider shall not charge for costs that are not directly. related to the housing and detention of detainees. Such unallowable costs include but are not limited to, i) Salaries of elected officials 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 runless, 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 financing/rofinancing, except as prescribed by OMB Circular A -87, 7) Legal or professional fees (specifically legal expenses for prosecution of claims against the Federal Government, legal expenses of individual detainees or inmates) 8) Contingencies D. 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. 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. Escort services shall be required for escorting detainees to court hearings; escorting detainees who are witnesses to the courtroom and staged with the ICE Judge during administrative proceedings. Transportation Services shall be performed by at least two (2) qualified sworn law enforcement or correctional officer personnel employed by the Service Provider render their policies, procedures and authorities. F. No ICE Liability for Failure to Meet Minirnurn Guarantee: ICE will not be liable for any failure to meet the minimum or population guarantee if such failure results directly from an occurrence that impairs the ability of ICE to use the facility's capacity, and such occurrence arises out of causes beyond the control and without the fault or negligence of ICE. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, freight embargoes, court orders and extraordinarily severe weather. This provision becomes effective only if ICE immediately notifies the Provider of the extent and nature of the occurrence resulting in the failure and takes all reasonable steps to limit any adverse effects required by the occurrence. 25G -8 EROIGSA- 150007 Article 4. Receiving and Discharging Detainees A. Required Activity The Service Provider shall receive and discharge detainees only to and from properly identified ICE/ERO personnel or other properly identified Federal law enforccmant officials with prior authorization from ICE /ERO. Presentation of U.S, Government identification will constitute "proper identification," The Service Provider shall famish 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 identification and recording of detainees and ICE officers, The Service Provider shall not pennit medical or emergency discharges except through coordination with on -duty ICE officers. B. Erneraenpv Sihiatinns' ICE detainees shall not be released from the Facility into the custody of other Federal, state, or local officials fir 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 COR or designated ICE official immediately regarding any such requests. D. Safe Release; The time, point and manner of release from a facility shall be consistent with safety considerations and shall take into account special vulnerabilities. Facilities that are not within a reasonable walking distance of, or that are more than one rni le from, public transportation, shall transport detainees to local bus /train/subway stations prior to the time the last bus /train leaves such stations for the day. If public transportation is within walking distance of the detention facility; detainees shall be provided with an information sheet that gives directions to and describes the types of transportation services available. However, facilities must provide transportation for any'detainae who is not reasonably able to walk to public transportation due to age, disability, illness, mental health or other vulnerability, or as a result of weather or other environmental conditions at the time of release that may endanger the health of safety of the detainee, Upon. release, detainees shall also be provided with a list of shelter services available in the immediate area along with directions to each shelter. Prior, to their release, detainees shall be given the opportunity to make a free phone call to a friend or relative to arrange for pick up from the facility. As practicable, detainees shall be provided with a laundered set of their own clothing, or one set of non - institutional clothing and footwear, weather appropriato, for their final destination, E. Service Provider Right of Refusal. The Service Provider retains the right to refuse acceptance of any detainee if such refusal is supported by a valid justification and agreed to by the COR. Examples of such justification are: any detainee exhibiting violent or disruptive behavior, or any detainee found to have a. medical condition that requires 25G -9 EROIGSA -15 -0007 medical care beyond the scope of the Service Provider's health care provider. In the case of a, detainee already in custody, the Service Provider shall notify ICE and request such removal of the detainee from the Facility. The Service Provider shall allow ICE reasonable time to make alternative arrangements for the detainee, F, Emernencv Evacuation, In the event of an emergency requiring evacuation of the Facility, the Set ice Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, as it employs for persons detained tinder the Service Provider's authority. The Service Provider shall notify the ICE COR or designated ICE official within two (2) hours of evacuation. Article 5, ICE Performance -Based National Detention Standards and Other Applicable Standards A. The Service Provider shall house detainees and perform related detention services at a minimtttrt in accordance with the 2011 edition of ICE Performance Based National Detention Standards (PBNDS), including all optional requirements (Attachment 1), unless otherwise specified in this agreement, The complete set of standards applicable to this procurement is available from the following webslte; letup: / /www� ices /datention- standards /2Q11 „Z and are incorporated herein. ICE Inspectors will conduct periodic inspections of the Facility to assure compliance with the ICE PBNDS. B. If a change in the standards identified herein results in a documentable financial impact to the Service Provider, the Service Provider must notify the Contracting Officer within five (5) days of receipt of the change and request either 1) a waiver to the Standards or, 2) negotiate a change in per diem, providing a detailed justification or explanation of additional costs precipitated,. C. The Set-vice provider shall also comply with the American Correctional Association (ACA) Standards for Adult Local Detention Facilities (ALDF), and Standards Supplement, Standards for Health Services in Jails, National Commission on Correctional Health Care (NCCHC), and the requirements applicable to detention facilities contained in Subpart A of the U.S. Department of Homeland Security (DHS) Regulation titled "Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities,” 79 .Fed. Rog. 13100 (Mar. 7, 2014), as outlined in Attachment 4. Some ACA standards are augmented by ICE Policy and/or procedure. In cases where other standards conflict with ICE Policy or Standards, ICE Policy and Standards will prevail. If any requirements of the DHS PREA standards conflict with the terms of the 2011 PBNDS, the DHS PREA standards shall prevail, Article 6. Medical Services A. The Service Provider shall be responsible for providing health care services for ICE detainees at the Facility in accordanoe with the 2011 PBNDS, including but not limited to: intake arrival screening, tuberculosis testing and symptom screening, on -site sick call, 25G -10 BROIGSA -15-0007 chronic care, over the counter and prescription medication and durable medical equipment and medical supplies. B. In the event of an emergency, the Service Provider shall proceed immediately with providing necessary medical troahnent. In such event, the Service Provider shall notify ICE immediately regarding the nahue of the transferred detaince's illness or injury and type of treatment provided, The costs of all emergency medical services provided off -site will be the responsibility of ICE Health Service Corps (IHSC), At no time shall the Service Provider or detainee incur any financial liability related to such services. The primary point of contact for obtaining pre - approval for non - emergent care as well as the post approval for emergent care will be the IHSC FMC assigned to this location. C. The Service Provider shall furnish a twenty -four (24) hour /seven day per week emergency medical care contact list which must include local hospitals and other offsito service providers. The Service Provider shall ensure they have access to an offsite emergency medical provider at all times. D. The Service Provider must maize available a facility emergency evacuation procedure guide that includes any patients currently housed in a medical /mental health housing area including any isolation rooms as well as other special housing areas within the facility, E, A Rill copy of a detainee's medical records shall be transferred with the detainee upon request of the detainee, unless extenuating circumstances make this impossible in the case of transfer to an [GSA, in which case the full medical record will follow as soon as practicable. A medical transfer summary shall also accompany the detainee outlining necessary care during transit that includes current medications, medical precautions, tuberculosis testing and evaluation status, equipment needed, and appropriately authorized methods of travel. F. The Service Provider shall ensure that all health care providers utilized for ICE detainees hold current licenses, certifications, and/or registrations within the State and /or City where they treat our detained population., The Service Provider shall retain, at a minimum, staffing levels as approved by IHSC at the time of implementation of this contract, G. The Service Provider shall furnish onsite health care under this Agreement as defined by the Facility Local Health Authority (usually the Health Administrator) and as approved by the ICE Health Authority on the effective date of this Agreement. The Service Provider shall not charge any ICE detainee a 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 as spelled out in 2011 PBNDS. II. Onsite health care personnel shall perform Wtial medical screening within (12) hours of arrival to the Facility, Arrival screening shall cover all elements required by PBN'DS 2011, including, at a minimum, all questions captured on the IHSC 795 -A or equivalent. 25G -11 BROIGSA- 15.0007 Required testing for TB infection and /or disease using any Food and Drug Administration (FDA) approved method, and recording the history of past and present illnesses (mental acid physical, dental, pregnancy status, history of substance abuse, screening questions for other iufeetious disease, and current health status). Initial screening will also oontain height, weight, and a complete set of vital signs (BP, P, T). Blood sugar and 02 readings may be necessary dependent upon specified diagnosis or current medical concern, L The Service Provider shall furnish mental health evaluations as determined by the Facility local health authority and in accordance with 2011 PBNDS, National Commission on Correctional Health Care (NCCHC), and ACA standards with the expectation to provide custody oversight and medication as needed. J, A full health assessment to include a history and hands on physical examination shall be completed within the first 14 days of detainee arrival unless the clinical situation dictates an earlier evaluation, Detainees with chronic medical and /or mental health conditions shall receive prescribed treatment and follow -up care with the appropriate level of provider and in accordance with PBNDS 2011, the FRS, National Commission on Correctional Eealth Care (NCCHC) and ACA standards based on which standards are applicable under this agreement. In addition, any juvenile (pediatric or adolescent) seen for a scheduled medical, dental or mental health appointment will have a weight, blood pressure, temperature, and pulse taken and recorded In the record. This does not include the weekly mental health wellness check conducted for each juvenile, K. 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, serious contagious disease, condition needing life support, uncontrollable violence, or serious mental health condition), the Service Provider shall notify ICE through the Field Office representative. Upon such notification, the Service Provider shall allow ICE reasonable time to make the proper arrangements for further disposition of that detainee, L. The Service Provider shall release any and all medical information for ICE detainees to the IHSC representatives upon request, The Service Provider shall submit a Medical Payment Authorization Request (McdPAR) to IHSC for payment for off -site medical care (e.g. offsite lab testing, eyeglasses, prosthetics, hospitalizations, emergency visits). The Service Provider shall enter payment authorization requests electronically as outlined in the MedPAR User Guide: https: / /na.edpar.ehr- icehealth era /. A, The Health Authority of the Service Provider shall notify the ICE contact and/or FMC as soon as possible if emergency ere was obtained off site; and in no case more than seventy -two (72) hours after detainee is in receipt of such care, Authorized payment for all offsite medical services for the initial emergency need and for medical and /or mental health care required beyond the initial emergency situation will be made by the Veterans 25G -12 EROIOSA -15 -0007 Administration Franchise Service Center (VA FSC) on behalf of IHSC directly to the medical provider(s). IHSC VA Financial Services Center PO Box 149345 Austin, TX 78714.9345 Phone: (800) 479 -0523 Pax: (512) 460 -5538 B. The Service Provider shall allow IHSC Field Medical Coordinators, Managed Care Coordinators or any ICE personnel reasonable access to its facility and medical records of ICE detainees for the purpose of liaison activities with the local ICrSA Health Authority and associated Service Provider departments in accordance with HIPAA Privacy exception at 45 CF.R. §§ 164,512 (k)(5)(i). C. The Service Provider shall provide ICE detainee medical records to ICE whether created by the Service Provider or its sub - Service Provider /vendor upon request from the Contracting Offrccr's Representative or Contracting Officer in accordance with HIPAA Privacy exception at 45 C.P.R. §§ 164.512 (k)(5)(i), which allows disclosure without consent to a correctional institution or a law enforcement official having lawful custody of an inmate or other individual i:F the correctional 'institution or such law enforcement official represents that such protected health information is necessary far: a. The provision of health care to such individuals; b. The health and safety of such individual or other inmates; e. The health and safety of the officers or employees of or others at the correctional institution; A The health and safety of such individuals and officers or other persons responsible for the transporting of inmates or their transfer from one institution, facility, or setting to another; c. raw enforcement on the promises of the correctional institution; f. The administration and maintenance of the safety, security, atad good order of the correctional institution; and g. Conducting a quality improvement / quality of care review consistent with an established quality improvement (medical quality management) program and interfacing with the IHSC quality improvement program consistent with federal, state, and local laws, Q. Tuberculosis Screening The Service Provider will perform TB screening as part of the routine intake screening, within 12 hours of detainee admission, early detection of any detainee suspected of having TB disease. TB screening will include, at a. minimum, TB symptom screening and testing for T13 infection and /or disease using any Food and Drug Administration 10 25G -13 EROIGSA -15 -0007 (FDA) approved method, Detainees who have symptoms suggestive of TB disease will be immediately placed, in an airborne infection isolationn room and promptly evaluated for suspected TB disease. Detainees who are initially tested using a test for TB infection [TB skin test (TST) or interferon gamma release assay (IGRA)] and result with a TST interpretation or IGRA positive for TB infection and no symptoms suggestive of TB disease must be evaluated with a chest radiograph within 5 days after the TST is interpreted or IGRA result is received, Detainees who are identified with confirmed or suspected active TB (e.g,, symptoms suggestive of TB or chest radiograph suggestive of TB) will be placed in a functional airborne infection isolation room and managed in accordance with the PBNDS and all applicable CDC guidelines, http:/ /www.cdc.govltb /inviblieations/ uidelines /default.htrn. It is not necessary to house detainees separately from the general population unless there is clinical or radiographic evidence suggestive of TB disease. If chest x -rays are performed on -site, they will be performed by a trained and qualified health care provider and interpreted by a credentialed, radiologist, There will be a non - punitive process in place for detainees who refuse the screening assessment for TB. The Service Provider will notify IHSC and the local health dep,, tment of all detainees with confirmed or suspected TB disease, including detainees with clinical or radiographic evidence suggestive of TB. Notification shall occur within one working day of identifying a detainee with confirmed or suspected TB disease. Notification to local health departments shall identify the detainee as being in ICE! custody and shall include die alien number with other identifying information. For detainees with confirmed or suspected TB disease, the Service Provider will coordinate with IHSC and the local health department prior to release to facilitate release planning and referrals for continuity of care. The service provider will evaluate detainees annually for symptoms, consistent with TB, within one year of the previously documented TB evaluation. For detainees initially screened with a TST or IGRA with a negative result, annual evaluation will include testing with the same method as previously used. For detainees initially evaluated with a chest radiograph interpreted as not suggestive of TB disease, routine annual chest radiograph is not recommended. R, Radiology Service Provider If the service provider utilizes tole- radiology for Tuberculosis screening, the requirQmeut should be built into the established bed day rate for this IGSA. Airborne precautions In order to prevent the spread of airborne infectious disease or cross contamination of zones within the facility, it is preferred that the HYAC system in the intake screening area will be designed to exhaust to the exterior and prevent air exchange between the I 25G -14 BROIGSA -15 -0007 intake screening area and any other area within the facility (see CDC guidelines littpZ/www.cdc, ov/tb /pu�licaCionvs/ guidelines /Correctivuallrltlml Article 7. Employment Screening Requirements A, General, The Service Provider shall certify to the Contracting Officer 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 contract shall successfully pass the DHS Employment Eligibility Verification (E- Verify) program operated by USCIS to establish work authorization. The E- Verify system, formerly known as the Basic Pilot/Employment Eligibility Verification Program, is an hntemet -based system operated by DHS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E- Verify represents the best means currently available for employers to verify the work authorization of their employees. Each employee working on this contract shall have a Social Security Card issued and approved by the Social Security Administration. The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any subcontractor(s) and their employees. Subject to existing law, regulations and /or otherprovisions of this contract, illegal or undocumented aliens shall not be employed by the Contractor, or under this contract. The Contractor shall ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract. C. Security Manasement. The Contractor shall appoint a senior official to act as the Corporate Security Officer. The individual shall interface with the OPR -PSU through the COR on all security matters, to include physical, personnel, and protection of all Government information and data accessed by the Contractor. The COR and the OPR -PSU shall have the right to inspect the procedures, methods, and facilities utilized by the Contractor in complying with the security requirements under this contract. Should the COR determine that the Contractor is not complying with the security requirements of this contract, the Contractor will be informed in writing by the Contracting Officer of the proper action to be taken in order to effect compliance with such requirements, 12 25G -15 EROIGSA -15 -0007 Article 8, Period of Performance This Agreement becomes effective upon the date of final signature by the ICE Contracting Officer 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 modification or terminated in writing by either parry. Either party must provide written notice of intention to terminate the agreement, 90 days in advance of the effective date of formal termination, or the Parties may agree to a shorter period reader the procedures prescribed in Article 11. If this Agreement is terminated by either party under this Article, ICE will be raider no financial obligation for any costs after the date of termination. The Service Provider will only be paid for services provided to ICE up to and including the day of termination. Article 9. Inspections, Audit, Surveys, and Tours A. Facility. Ins ections: The Service Provider shall allow ICE or an entity or organization approved by ICE to conduct inspections of the Facility, as required, to ensure an acceptable level of services and acceptable conditions of confinement as determined by ICE. No notice to the Service Provider is required prior to an inspection, ICE will share findings of the inspection with the Service Provider's Facility Administrator. The hlspection Report will state any improvements to facility operation, conditions of confinement, and level of service that will be required by the Service Provider. B. ICE will not house detainees in any facility that has received two consecutive overall ratings of less than acceptable. Upon notice that the second overall rating is less than acceptable, ICE will remove all detainees from the Facility within seven (7) calendar. days, Any minimum guarantee stated elsewhere in this Agreement is no longer applicable if detainees are removed as a result of two overall ratings less than acceptable. No further fiords will be obligated and no further payments will be made, C. Possible Termination: If the Service Provider, after being afforded reasonable time to comply, fails to remedy deficient service identified through au ICE inspection, ICE may terminate this Agreement without regard to any other provisions in this Agreement. D. Share Findings: The Service Provider shall provide ICE copies of facility inspections, reviews, examinations, and surveys performed by accreditation sources. The Service Provider shall cooperate fully with the Detention Service .Manager (DSM). E. Aocess to Detainee and Facility 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 hold pursuant to this Agreement. This right of access includes, 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; provided, however that access to medical and mental health record information be provided in accordance with Article VI. Furthermore, the Service Provider shall retain ail records where this right of access 13 25G -16 EROIGSA -15 -0007 applies for a period of two (2) years front the date of the detainee's discharge from the Service Provider's custody, This right of access specifically applies to all inspections and other Facility reports. Article 10. Modifleatious and Disputes A. Modifications,, Actions other than those designated in this Agreement will not bind or incur liability on behalf of either Party. Either Party may request a modification to this Agreement by submitting a written request to the other Party, A modification will become a part of this Agreement only after the ICE Contracting Officer has approved the modification in writing. 13, Chance Orders; 1, The Contracting Officer may under at any time, by written order, and without notice to the Service Provider, make changes within the general scope of this Agreeinetit in any one or more of the following: (a) Description of services to be performed, including revisions to the applicable Detention Standards. (b) 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 Officer will make an equitable adjustment in the agreement price and will modify the Agreement accordingly. 3. The Service provider must assert its right to an adjustment under this Article within 30 days from the date of receipt of the written order including a, proposal addressing the cost impacts and detailed supporting data, 4, If the Service Provider's proposal includes costs that are determined unreasonable and /or unsupportable, as determined by the Contracting Officer, the Contracting Officer will disallow those costs when determining a revised rate, if any. 5, Failure to agree to any adjustment will be a dispute tinder the Disputes section of the Agreement, However, nothing in this Article excuses the Service Provider from proceeding with the Agreement as changed, C. Disputes: The ICE Contracting Officer and the authorized signatory of the Service Provider will settle disputes, questions and concerns arising from this Agreement, Settlement of disputes will be memorialized in a written modification between the ICE Contracting Officer 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 Officer, the ICE Contracting Officer will make the final decision, If the Service Provider does not agree with the final decision, the matter may be appealed to the ICE Head of the Contracting Activity (FICA) for resolution. The ICE HCA may ernploy all methods available to resolve the dispute including alternative dispute resolution techniques. The 14 25G -17 EROIGSA -15 -0007 Service Provider shall proceed diligently with performance of this .Agreement pending final resolution of any dispute, Article 11. Adjusting the Bed Day hate ICE will reimburse the Service Provider at the fixed detainee bed day rate shown in Article I paragraph C. The Service Provider may request a rate adjustment no less than thirty -six (36) months after the effective date of the Agreement unless required by law (see Article 19), After thirty -six (3 6) months, the Service Provider may request a rate by accessing the link at httns: / /ed,es.usdoj gov, / aiee/ for access to the ICE Automated Intergovernmental Agreement (e.IGA) System for instructions on preparing the Jail Operating Expense Information Form. There is a Facility Guide available on the website to assist you. The Parties agree to 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. If ICE does not receive an official request for a bed day rate adjustment that is supported by the information submitted through the eIGA System, the fixed bed day rate as stated in this Agreement will be in place indefinitely. ICE reserves the right to audit the actual and /or prospective costs upon which the rate adjustment is based. All tatc adjustments are prospective, As the bed day rate is fixed, there are no retroactive adjustment(s). Article 12. Enrollment, .Invoicing, and Payment A, Enrollment in.EIeotronic 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 financial institution and related information on Standard Form 3 88 1, Automated Clearing House (ACH) Vendor Miscellaneous Payment Enrollment Form http: / /www fors trees uovlpdf /3881 p4 The Service Provider sb. all, submit a completed SF 3881 to ICE payment office prior to submitting its initial request for payment under this Agreement. If the EFT data changes, the Service Provider shall be responsible for providing updated information to the ICE payment office. B Consolidated lnvoicina: The Service Provider shall submit an original monthly itemized invoice within the first 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: Financial Operations - Burlington P.O. Box 1620 Williston, VT 05495.1620 ATTN: ICE -ERO /FOIE -FLS 15 25G -18 EROIGSA -15 -0007 2. By fax: (include a cover sheet with point of contact and number of pages) 802 -288 -7658 3, By e -mail; Invoice, Copsoli d atia nice. dhs, f Invoices submitted by other than these three methods will be returned. The Service Provider's Taxpayer Identification Number (TIN) must be registered in the System for Award Management (http ://www sam yoy) prior to award and shall be notated on every invoice submitted to ICE to ensure prompt payment provisions are met. The ICE program office shall also be notated on every invoice. Each invoice submitted shall contain the following infornration, Detention Bed Space Services: 1, Name and address of the Facility; 2. Invoice date and number; 3. Agreement number, line item number and, if applicable, the Task Order number; 4. Terms of any discount for prompt payment offered; S. Name, title, and phone number of person to notify in event of dofective invoice; 6, Taxpayer Identification Number (TIN). 7. Total nrunber of bed days; total number of miles. 8. Bed day rate; 9. Detainees check -in and check -out dates; 10. Number of bed days multiplied by the bed day rate; 11, Name of each detainee; 12. Resident's /detainee's A- number; 13. Specific dates ofdetmdon for each resident/detaince; 14. An itemized listing of all other charges; IS. For stationary guard services, the itemized monthly invoice shall state the number of hours being billed, the duration of the billing (times and elates) and the name of the resident(s) /detainee(s) that was guarded. 16, For Mileage, the itemized monthly invoice shall include a copy of the GSA webpage that shows the mileage rate being applied for that invoice. Items I through 16 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 Autorrrated Clearing Mouse subject to the banking laws of the United States, or the Federal Reserve Wire Transfer System, The Prorrrpt Payment Act applies to this Agreement, The Prompt Payment Act requires ICE to make payments under this Agreement the thirtieth (30th) calendar day after the Burlington Finance Office receives a complete invoice, Either the date on the Governnent's check, or the date it executes an electronic transfer of Rinds, 1.6 25G -19 EROIGSA -15 -0007 constitutes 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 (CC?,) and all information is accurate. Article 13. ICE Furnished Property A. ICE Froperty 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 famished property. B. Service Prov der Responsibility: The Service Provider shall not remove ICE property from the Facility without the prior written approval of ICE. The Service Provider shall report airy loss or destruction of any ICE property immediately to ICE. Article 14. Hold Harmless Provisions Unless specifically 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 officers, employees, agents and representatives is governed by the Federal Tort Claims Act, 28 USC 2691 et seq. The Service Provider shall promptly notify ICE of any clairns or lawsuits filed against any ICE employees of which Service Provider is notified. 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 officers, employees, agents and representatives is governed by the applicable State tort claims act, ICE will promptly notify the Service Provider of any claims filed against any of Service Provider's employees of which ICE is notified, The Federal Gover unent will be held harrnloss for any injury, damage or loss to persons or property caused by a Service Provider employee arising in the perfornance of this Agreement, C. Defense of Suit: In the event a detainee files suit against the Service Provider contesting the legality of the detainee's incarceration and /or immigration /citizenship status, or a. detainee files suit as a result of an administrative error or omission of the Federal Government, ICE will request that the US. Attorney's Office, as appropriate, move either to have the Service Provider dismissod, from such suit; to have ICE substituted as the proper party defendant; or to have the case removed to a court of proper jurisdiction. 17 25G -20 EROIGSA -15 -0007 Regardless of the decision on any such motion, ICE will request that the US. Attorney's Office be responsible for the defense of any suit on these grounds, D. ICE Racovery Ria it: The Service Provider shall do nothing to prejudice ICE's right to recover against third parties for any loss, destruction of, or damage to U.S. Government Property. Upon request of the Contracting Officer, the Service Provider shall furnish to ICE all reasonable assistance and cooperation, including assistance in the prosecution of suit and execution of fie instruments of assignment in favor of ICE in obtaining recovery, Article 15. Financial Records A. Retention_ of Recordds: All financial 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 first 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, have the right of access to any pertinent books, documents, papers or other records of the Service Provider or its subcontractors, which ale 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. Delinquont 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 Govertunent. ICE will apply interest, penalties, and administrative costs to a delinquent debt owed to the Federal Government by the Service Provider pursuant to the Debt Collection Inrprovenrerrt Act of 1982, as amended, Article 16. Transportation (if applleable) A. All transportation of ICE detainees shall be conducted in accordanoe with the ICE 2011 PBNDS. Except in emergency situations females may not• be it by bus for more than ten hours. Furthermore, except in emergency situations, a single officer may not transport a single detainee of the opposite gender and if there is an expectation that a pat search will occur during transport, an offcer of the same gender as the detainec(s) must be present, B. hi the event of transpottation services involving distances that exceed a twelve (12) hour wnrlcday to complete, the Service Provider shall be reimbursed for related costs of lodging and meals commensurate with the U.S. General Services Administration rates for 25G -21 EROIGSA -15 -0007 such within the geographical area of occurrence. Any incurred overtime pay for such services will be reimbursed at the applicable overtime rate for the transportation officer Position specified in Article I. C., Rates. Overnight lodging resulting from transportation services shall be approved in advance by the COR or designated ICE official. All transportation services shall be accomplished in an appropriate and economical manner. C, The Service Provider personnel provided for the above services shall be of the same qualifications, receive the same training, complete the same security clearances, and wear the same uniforms as those Service Provider personnel provided in the other areas of this Agreement. Transportation officers shall have the required state licenses for coturnercial drivers with the proper endorsement limited, to vehicles with Automatic Transmission and the state Department of Motor Vehicles (DMV) (or Motor Vehicles Department (MVD)) Medical Certification, D, Transport /Escort/stationary Services Rate• The Service Provider agrees, upon request of ICE in whose custody an ICE detainee is held, to provide all such ground transportation/escort /stationary services as may be required to transport detainees securely, in a timely manner, to locations as directed by the ICE COR or designated ICE official. At least two (2) qualified law enforcement or correctional of8oer personnel employed by the Service Provider under their policies, procedures and practices shall perform transport services. As written above, except in emergency situations females may not be transported by bus for more than ten hours. Furthermore, except in emergency situations, a single officer may not transport a single detainee of the opposite gender and if there is an expectation that a pat search will occur during transport, an officer of the same gender as the dotanioe(s) must be present. E. 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 officer or officers shall keep the detainee under constant supervision twenty -roux (24) hours per day until the detainee is ordered released from the hospital, or at the order of the COR, The number of escorts will be determined by the COR. The Service Provider agrees to augment such practices as may be requested by ICE to enhance specific requirements for security, detainee monitoring, visitation, and contraband control. F. The Service Provider shall, upon order of the COR, or upon its own decision in an urgent medical situation with notification to the COR immediately thereafter, transport a detainee to a hospital location. An officer(s) shall keep the detainee under supervision 24 hours per day rmtil the detainee is ordered released from the hospital, or at the order of the COR. The Service Provider shall then return the detainee to the Facility. The Service Provider will ensure that at least one officer responsible for the security of the detainee while he /she is an ha- patient at the hospital will be of the same sex as the detainee. G. Indemnities: Furthermore, the Service Provider agrees to hold harmless and indemnify DHS /ICE and its officials in their official and individual capacities from any liability, 19 25G -22 EROIGSA- 15rc0007 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, H. Service Provider Furnished Vehicles: If the Service Provider is to use its own vehicles, the following requirements apply to this agreement. 1. The Service Provider shall not allow employees to use their personal vehicles to transport detainees. 2. The Service Provider shall furnish suitable vehicles in good condition, approved by the Government, 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. 3. The Service Provider shall furnish vehicles equipped with interior security features including physical separation of deta,inces from guards. The Service Provider shall provide interior security specifications of the vehicles to ICE for review and approval prior to installation. 4. Nothing in this Agreement shall restrict the Service Provider from acquiring additional vehicles as deemed necessary by the Service Provider at no cost to the Government. I. Government Furnished Vehicles: If ICE authorizes the Service Provider to use Government furnished vehicles, the following requirements apply to this agreement. 1. If ICE chooses to authorize Service Provider employees to operate Government fumishod vehicles, the Government will provide the Service Provider with Goveraunent Vehicles and Government Fleet Cards (for the purchase of fuel) for the purpose of transporting detainees to and from. ICE Designated Facilities (see Route List or Analysis), or ahemative transportation sites, in support of ERO transportation needs under this Agreerneut, The vehicles assigned for this Purpose will remain the property of the Federal Government, and all costs associated with the operation and use of the vehicles, such as, but not limited to, vehicle maintenance and fuel, will be covered through the Government's Fleet Management Program. 2. The Service Provider agrees to be responsible for reimbursement to ICE for any damages sustained by the vehicles as a result of any act or omission on the part of the Service Provider, its employees and or persons acting on behalf of the Service Provider. The Service Provider shall be responsible to promptly report: any accidents or damage to the Government Vehicles in accordance with the ICE Management Directives listed below and my other ICE policies that pertain to reporting such damage. The Service Provider agrees to fully cooperate and assist ICE in mak4ig any claims against a third party at fault for causing the ;property damage to the Government Vehicles, 20 25G -23 EROIGSA -15 -0007 3. In addition, the Service Provider agrees to hold harmless, indemnify, and assume financial responsibility for any claims or litigations filed by persons sustaining personal injuries or property damage for incidents or accidents caused by the negligent acts or omissions of the Service Provider, agents, or otherpersons acting on behalf of the Service Provider, The Service Provider agrees to fully cooperate and assist ICE in the defense of any claims made against ICE, and in the event of a settlement or judgment entered against ICE for the negligent acts or omissions of the Service Provider employees or agents; the Service Provider agrees to reiinburse ICE for said settlement or adverse Judgment. d, in order for ICE to maintain accurate fleet records of the transportation services, the Service Provider officers utilizing the vehicles shall complete specific documentation that will be provided by ICE, to record the times of vehicle usage for proper hourly guard reimbursement, and to record the inspection of the vehicles for damage each time the vehicles are used, The form that is required is the Official Detail Form (formerly G -391), This Form is to be filled out at the beginning of each shift, At the and of a shift, the form is to be provided to the ICE Shift Supervisor with a copy to the COR, The Service Provider shall keep the original for three years. The fortn is Attachment 8 to this Agreement. S. The COR will provide forms to the Service Provider to request and authorize routine maintenance of vehicles. 6. The Service Provider shall be responsible for any costs or expenses associated with the return of the vehicles, to include, towing charges, title replacement fees or licensing expenses made necessary by the loss of any paperwork associated with the vehicles. 7. The Government will provide instruction on the prosper use of the Fleet Card to all Service Provider personnel responsible for the operation of any Government Vehicle. The instruction will be in accordance with the DHS Fleet Card Manual (Attachment 8). 8. A list of the Government vehicles authorized for use by the Service Provider is formd as Attachment 9, Training and Corn liana: 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 qualifications, receive training, complete the same security cloaraaces, and wear the same uniforms as those personnel provided for in other areas of this Agreement, K. Miscetll i (—)U TrtuiMO tation: The COR may direct the Service Provider to transport detainees to unspecified, miscellaneous locations. 21 25G -24 BROIGSA -15 -0007 L When the COR provides documents to the Service Provider concerning the detainee(s) to be transported and /or escorted, the Service Provider shall deliver these documents only to the named authorized recipients, The Service Provider shall ensure the material is kept confidential and not viewed by any person other than the authorized recipient. M. The Service Provider shall establish a fully operational communication system compatible with ICE communication equipment that has direct and immediate contact with all transportation vehicles and post assignments. Upon demand, the COR shall be provided with current status of all vehicles and post assignment employees, N, Failure on the Service Provider's part to comply fully with the deWnee(s) departure as pro-scheduled shall result in the Service Provider having deductions made for non - performimce. 0. Armed Transportation Officers; All transportation Detention Officers shall be armed in the performance of these duties. P. Billing Procedures The itemized monthly 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. Q. Ant cipated Transportation Routos The following transportation routes and /or destinations are anticipated requirements for this Agreement. The following requirements are orre way routes from the facility. Mileage may vary from the table depending on the starting point of the destination, These routes are not all inclusive and should not be limited to the Following: Mileage From FAC]LTrX Locations City Fra.erenc FILL IN AS APPROPRIATE Article 17. Guard Services A. The Service Provider agrees to provide stationary guard services, at a separately agreed hourly rate, on demand by the COR and shall include, but not limited to, escorting and guarding detainees to medical or doctor's appointments, hearings, ICE interviews, and any other remote location requested by the COR. Qualified detention officer personnel employed by the Service Provider under its policies, procedures, and practices will Perform such services. The Service Provider agrees to augment such practices as tray be requested by CO or COR to enhance specific requirements for security, detainee monitoring, visitation, and contraband control. Public contact is prohibited. unless authorized in advance by the COR. 22 25G -25 EROIGSA- 15.0007 B. The Service Provider shall be authorized two officers for each such remote location, unless additional officers are required, per the direction of the COR or designated ICE officer. Except in cases of an omorgeriey, one of the two above referenced officers shall be of the same sex as the detainees being assigned to the remote location. C. The itemized monthly invoice for such stationary guard services shall state the number of hours being billed, the duration of the billing (times and dates) and the names of the dotainees that were guarded, Such services shall be denoted as a separate item on submitted invoices, ICE agrees to reimburse the Service Provider for actual stationary guard services provided during the invoiced period. Article 18. Contracting Officer's Representative (COO) A. The COR will be designated by the Contracting Officer, When and if the COR duties are reassigned, an administrative modification will be issued to reflect the changes. "Phis 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 first contacting the Contracting Officer. The Service Provider shall continue performance of efforts that are deemed within the scope, Article 19. 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 2. These standards and provisions are included in every contract and IGSA entered into by the United States or the District of Columbia, in excess of $2,500, or in an indefinite amount, the principal propose 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 minfinu n monetary wages and shall be fomished fringe benefits in accordance with the wages and Ringo benefits detennined by the Secretary of Labor or authorized representative, as specified in any wage dotorrninatron attached to this Agreement. (See Attachment 3 - Wage Determination) Article 20, Notification and Public Disclosures A. Information obtained or developed as a result of this IGSA is under the control of ICE and is 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 onlyprusuant to the provisions of applicable federal laws, regulations, and executive orders or as 23 25G -26 EROIGSA -15 -0007 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 Officer prior to such release, The Service Provider may, at its disoretion, communicate the substance of this IGSA when requested. ICE understands that this IGSA will become a public document when presented to the Service Provider's governing body for approval, E, The CO shall be notified in writing of all litigation pertaining to this IGSA and ,provided copies of any pleadings filed or said litigation within five working days of the filing, The Service Provider shall cooperate with Government legal staff and/or the United States Attorney regarding any requests pertaining to federal or Service Provider litigation, C, The Service Provider shall notify the CO when a member of the United States Congress requests information or makes a request to visit the facility. The Service Provider shall coordinate all public information related issues pertaining to ICE detainees with the CO. All press statements and releases shall be cleared, in advance, with the ICE Office of Public Affairs, The Service Provider shall promptly make public announcements stating the facts of unusual or newsworthy incidents to local media. Examples of such events include, but are not limited to: deaths, escapes from custody, and facility emergencies, D. 'With respect to public announcements and press statements, the Service Provider shall ensure employees agree to use appropriate disclaimers clearly stating the employees' opinions do not necessarily reflect the position of the United States Government in any public presentations they make or articles they write that relate to any aspect of contract performance or the facility operations. Article 21. Incident Repgrting A. The COR shall be notified immediately in the event of all serious incidents. The COR, will provide after - hours contact information to the Service Provider at the time of award. B. Serious incidents include, but are not limited to: activation of disturbance control teatn(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work -place violence, civil disturbanoos /protests); staff use of force including use of lethal and less- lethal force (includesnnriates 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); fights resulting in injuries requiring medical attention; fires; 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 significant Publicity; adverse weather (e.g., hurricanes, floods, ice /snow storms, heat waves, tornadoes); fence datua,ge; power outages; bomb threats; detahlee admitted to a community hospital; witness security cases taken outside the Facility; significant environmental problems that impact the facility operations; transportation accidents (i.e. airlift„ bus) resulting in itajiuies, death or property damage; and sexual assaults. 24 25G -27 EROIGSA.- I5 -0007 C. The Service Provider agrees to cooperate with any Federal investigation concerning incidents and treatment involving ICE detainees to the full extent of its authorities, including providing access to any relevant databases, personnel, and documents. Article 22, Detainee Privacy A. The Service Provider agrees to comply with the Privacy Act of 1974 ( "Act ") and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency fiuiction when the Agreement specifically identifies (i) the systems of records; and (ii) the design, development, or operation work that the Service Provider is to perform, The Service Provider shall also include the Privacy Act into any and all subcontracts when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and D. In the event of violations of the Act, a civil action may be brought against the agency involved when tho violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency flanction, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function, For purposes of the Act, when the agreement is for the operation of a system of records on individuals to accomplish an agency function, the Service Provider is considered to be an employee of the agency, 1. "Operation of a system of records," as used in this Article, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. 2, "Record," as used in this Article, means any item, collection, or grouping of information about an individual that is maintained, by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history acid that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. 3. "System of records on individuals," as used in this Article, moans a group of any records under the control of any agency from whicl: information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. Article 23. Zero Tolerance for Sexual .harassment, Abuse, and Assandt A. The Service Provider shall develop and implement a comprehensive sexual abuse /assault prevention and intervention program of which training will include 25 25G -28 EROIGSA -15 -0007 training on working with vulnerable populations and addressing their vulnerability in the general population. This program shall include training that is given separately to both staff and detainees, in accordance with the Prison Rape Elimination Act (PREA) and 2011 PBNDS 2.11, B. The Service Provider will ensure that information regarding the facility's policy on sexual abuse /assault is included in the detainee handbook; that the facility articulates to staff and to detainees and adheres to a standard of zero tolerance for incidents of sexual abuse or assault; that detainees shall be encouraged to promptly report acts of harassment of a sexual nature, or abase or signs of abuse observed; that victims of sexual abuse are given timely access to emergency medical treatment and crisis intervention services; that training is included for all staff to ensure that they fulfill their responsibilities under the Service Providers' Sexual Abuse and Assault Prevention and Intervention Program; that the facility reports immediately all sexual abuse and/or assault to ICE /ERO; that the Service Provider develops and implements a policy that includes: an evidence protocol for sexual assault, including access to a forensic medical exam, an internal administrative investigation process that will not compromise a criminal investigation. The Service Provider will also maintain a policy that requires medical staff to report allegations or suspicions of sexual assault to appropriate facility staff, how the victim's medical, mental health and future safety needs will be addressed; appropriate disciplinary sanctions, how a detainee may contact the Office of the Inspector General to confidentially report sexual abuse or assault. Article 24, Detainee Telephone Services (DTS) A. The Service Provider shall provide detainees with reasonable and equitable access to telephones as specified in the ICE 2011 Performance Based National Detention Standard on Telephone Access, Telephones shall be looated in an area that provides for a reasonable degree of privacy and a minimal anot nt of environmental noise during phone calls. B. If authorized to do so under applicable law, the S erviee Provider shall monitor and record detainee conversations, If detainee telephone conversations can be monitored under applicable law, the Service Provider shall provide notice to detainees of the Potential for monitoring. However, the Service Provider shall also provide procedures at the facility for detainees to be able to place unmonitored telephone calls to their attorneys. C. Telephone rates shall not exceed the dominant carrier tariff rate and shall conform to 411 applicable federal, state, and local telephone regulations, D. ICE recognizes the Service Provider may have an existing contract with a Teleconnmunications Company to provide telephone service to ICE detainees and other inmates. ICE requires the Service Provider to require the Telecommunications Company to provide connectivity to the DTS Contractor for detainee pro bone 26 25G -29 EROICTSA -15 -0007 telephone calls, Additionally, ICE requires that the Service Provider or their Tolecommu nications Company provide t11at ICE detainees have direct access to the DTS Contractor for collect and prepaid calls. This shall occur at the expiration of any cwTent contract with a Telecommunications Company. The DTS Contractor shall be allowed to install vending debit machines and shall receive 100 percent of all revenues collected by sale of prepaid debit services to ICE detainees. The Service Provider (and the Telecommunications Company) shall make all arrangements with the DTS Contractor 'independently from this Agreement. The DTS Contractor shall be responsible for the costs incurred to provide the pro bono services, and the maintenance and operation of the system, including a standard compensation to the Telecommunications Company, The Service Provider shall not be entitled to any commissions, fees, or revenues generated by the use of the DTS or the detainee telephones. E, The Service Provider shall inspect telephones for serviceability, in accordance with ICE 2011 Performance -Based National Detention Standards. and ICE policies and procedures, The Service Provider ,shall notify the COR or ICE designee of any inoperable telephones. CC. DTS Contractor information: Talton Communications 910 Ravenwood Dr, Selma, AL 36701 Robin Hall Mike Oshuid Customer .Relations Manager Operations Manager (334) 375 -7542 (334) 375 -4200 robLii taltoncommcinioations com mietiaelataltorrcommunioations Qom Article 25. Government Use of Wireless Communication Devices All personnel that have been issued a Federal Government owned wireless communication device, including but not limited to, cellular telephones, pagers or wireless Internet devices, are authorized to possess and use those items in all areas of the facility in which ICE detainees are present, Article 26, Certified Cost and Pricing Data A) Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data (a) Exceptiony from certified cost or pricing data. (1) In lieu of submitting certified cost or pricing data, offorors may submit a written request for exception by submitting the information described in the following subparagraphs, The Contracting Officer may require additional supporting information, but only to the extent 27 25G -30 EROIGSA -I5-0007 necessary to determine whether an exception should be granted, and whether the price is fair and reasonable. (i) Identification ation of the law or regulation establishing the price offered. If the price is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, (ii) CoMmercial item exception. For a commercial item exception, the offeror shall submit, at a minimum, information on prices at which the same item or similar items have previously been sold in the commercial market that is adequate for evaluating the reasonableness of the price for this acquisition. Such information may include — (A) For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered items, provide a copy or describe current discount policies and price lists (published or unpublished), e.g,, wholesale, original equipment manufacturer, or reseller. Also explain the basis of each offered price and its relationship to the established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to the proposed quantities, (B) For market- priced items, the source and date or period of the market quotation or other basis for market price, the base amount, and applicable discounts, In addition, describe the nature of the market; ep For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted for the schedule item, (2) The offeror grants the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify my request for au exception under this provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access does not extend, to cost or profit information or other data relevant solely to the offewr's determination of the prices to be offered in the catalog or marketplace, (b) Requirements for certified cost or pricing data. If the offeror is not granted an exception from the requirement to submit certified cost or pricing data, the following applies: (1) The offeror shall prepare and submit certified cost or pricing data, and data other than certified cost or pricing data, and supporting attachments. (2) As soon as practicable after agreement on price, but before IGSA award, the offeror shall submit a Certificate of Current Cost or Pricing Data, the format of which is at the end of this Article, B) Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data — Modifications (a) Exceptions from ceriified cost or pricing data, 28 25G -31 EROIGSA -15 -0007 (1) In lieu of submitting certified cost or pricing data for modifications under this IGSA, for price adjustments expected to exceed $700,000 on the date of the agreement on price or the date of the award, whichever is later, the Service Provider may submit a written request for exception by submitting the information described in the following subparagraphs. The Contracting Officer may require additional supporting information, but only to the extent necessary to determine whether an exception should be granted, and whether the price is fair and reasonable — (i) Identiflcation of the law or regulatlon establishing the price offered. If the price, is controlled under law by periodic rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document. (2) The Service Provider grouts the Contracting Officer or an authorized representative the right to examine, at any time before award, books, records, documents, or other directly pertinent records to verify any request for an exception under this clause, and the reasonableness of price, For items priced using catalog or market prices, or law or regulation, access does not extend to cost or profit information or other data relevant solely to the Service Provider's determination of the prices to be offered in the catalog or marketplace, (b) Requirements for certified cost or pricing data, If the Service Provider is not granted an exception from the requirement to submit certified cast orpricing data, the following applies: (1) The Service Provider shall submit certified cost or pricing data, data other than certified cost or pricing data, and supporting attachments. (2) As soon as practicable after agreement on price, but before award, the Service Provider shall submit a Certificate of Current Cost or Pricing Data. 'The form is included at the end of this Article. C) Subcontractor Certified Cost or Pricing Data (a) Before awarding any subcontract expected to exceed $700,000 on the date of agreement on price or the date of award, whichever is later; or before pricing any subcontract modification involving a pricing adjustment expected to exceed $700,000, the Service Provider shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price, unless (1) the prices are based upon adequate price competition, or (2) if a waiver has been granted, (b) The Service Provider shall require the subcontractor to certify in substantially the form at tine end of this Article that, to the best of its knowledge and belief, the data submitted under paragraph (a) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification, 29 25G -32 ERCIGSA -15 -0007 (c) In each subcontract that exceeds $700,000, when entered into, the Set-vice Provider shall insert either , (1) The substance of this clause, including this paragraph (c), if paragraph (a) of this clause requires submission of oertihed cost or pricing data for the subcontract; or (2) The substance of the Section below entitled "Subcontractor Certified Cost or Pricing Data - Modifications." D) Subcontractor Certified Cost or Pricing Data — Modifications (a) The requirements of paragraphs (b) and (c) of this Section shall — (1) Become operative only for any modification to this IGSA involving a pricing adjustment expected to exceed $700,000; and (2) Be limited to such modifications. (b) Before awarding any subcontract expected to exceed $700,000, on the date of agreement on price or the date of award, whichever is later; or before pricing any subcontract modification involving a pricing adjustment expected to exceed $700,000, the Service Provider shall require the subcontractor to submit certified cost or pricing data (actually or by specific identification in writing), to include any information reasonably required to explain the subcontractor's estimating process such as the judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data, and the nature and amount of any contingencies included in the price, unless (1) prices of the modification are based upon adequate price competition, or (2) if a waiver has been granted. 0 The Service Provider shall require the subcontractor to certify in substantially the form at the end of this Article that, to the best of its knowledge and belief, the data submitted under paragraph (b) of this clause were accurate, complete, and current as of the date of agreement on the negotiated price of the subcontract or subcontract modification. (d) The Set-vice Provider shall insert the substance of this Article, including this paragraph (d), in each ,subcontract that exceeds $700,000 on the date of agreement on price or the dato of award, whichever is later, El Price Roduction for Defective Certified Cost or Pricing Data (a) If any price, including profit or fee, negotiated in connection with this IGSA, or any cost reimbursable under this IGSA, was increased by any significant amount because — (1) The Service Provider or a subcontractor furnished certified cost or pricing data that were not complete, accurate, and curront as certified in its Certificate of Current Cost or Pricing Data; 30 25G -33 EROIGSA•15 -0007 (2) A subcontractor or prospective subcontractor famished tlao Service Provider certified cost or pricing data that were not complete, accurate, and current as certified in the Service Provider's Certificate of Current Cost or Pricing Data; or (3) Any of thew parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the IGSA shall be modified to reflect the reduction. (b) Any reduction in the IGSA price under paragraph (a) of this clause due to detective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead, and profit markup, by which (I) the actual subcontract or (2) the actual cost to the Service Provider, if there was no subcontract, was less than the Prospective subcontract cost estimate submitted by the Service Provider,; provided, that the actual subcontract price was not itself affected by defective certified cost or pricing data. (c) (1) If the Contracting Officer determines under paragraph (a) of this clause that a price or cost reduction should be made, the Service Provider agrees not to raise the following matters as a defense: (i) The Service Provider or subcontractor was a sole source supplier or otherwise was in a superior bargaining position and thus the price of the IGSA would not have been modified even if accurate, complete, and current certified cost or pricing data had been submitted. (ii) The Contracting Officer should have known that the certified cost or pricing data in issue were defective even though the Service Provider or subcontractor tools no affirmative action to bring the character of the data to the attention of the Contracting Officer. (iii) The IGSA was based on an agreement about the total cost of the IGSA and there was no agreement about the, cost of each item procured under the IGSA, (iv) The Service Provider or subcontractor did not submit a Certificate of Current Cast or Pricing Data. (2) (i) Except as prohibited by subdivision 0(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a IGSA price reduction if— (A) Tho Service Provider certifies to the Contracting Officer that, to the best of the Service Provider's knowledge and belief. the Service Provider is entitled to the offset in the amount requested; and (B) The Service Provider proves that the certified cost or pricing data were available before the "as of date specified on its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date. 31 25G -34 ERGIGS.A -15 -0007 (ii) An offset shall not be allowed if— (A) 'The understated data were known by the Service Provider to be understated before the "as of date specified on its Certificate of Current Cost or Pricing Data; or (B) The Government proves that the facts demonstrate that the IGSA price would not have increased in the amount to be offset even if tho available data had been submitted before the "as of date specified on its Certificate of Current Cost or Pricing Data, (d) If any reduction in the IGSA price tinder this clause roduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Service Provider shall be liable to and shall pay the United States at the time such overpayment is repaid (1) Simple interest on the amount of such overpayment to be computed finom the date(s) of overpayment to the Service Provider to the date the Government is repaid by the Service Provider at the applicable underpayment rate effective for each quarter prescribed by the Secretary of the Treasury under 26 U,S.C. 6621(x)(2); and (2) A penalty equal to the amount of the overpayment, if the Service Provider or subcontractor knowingly submitted certified cost or pricing data that were incomplete, inaccurate, or noncurrcnt. F) Price Reduction for Defective Certified Cost or Pricing Data - Modifications (a) This Article shall become operative only for any modification to this IGSA involving a pricing adjustment expected to exceed $700,000, except that this Article does not apply to any modification (1) where prices of the modification are based upon adequate price competition, or (2) when a, waiver has been granted. (b) If any price, including profit or fee, negotiated in connection with any tmodifxcatien under this clause, or any cost reimbursable under this IGSA, was increased by any significant amount because (1) the Service Provider or a subcontractor fumished certified cost or pricing data that were not complete, accurate, and current as certified in its Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor £urnishod the Service Provider certified cost or pricing data that were not complete, accurate, and current as certified in the Service Providcr's Certificate of Cuta cot Cost or Pricing Data, or (3) any of these parties flnmished data of any description that were not accurate, the price or cost shall be reduced accordingly and tho IGSA shall be modifiod to reflect the reduction. This right to a price reduction is limited to that resulting from defects in data relating to modifications for which this clause becomes operative under paragraph (a) of this clause. 32 25G -35 EROIGSA -15 -0007 (c) Any reduction in the IGSA price under paragraph (b) of this clause due to defective data from a prospective subcontractor that was not subsequently awarded the subcontract shall be limited to the amount, plus applicable overhead and profit marlcup, by which (1) the actual subcontract or (2) the actual cost to the Service Provider, if there was no subcontract, was less than the Prospective subcontract cost estimate submitted by the Service Provider; provided, that the actual subcontract price was not itself affected by defective certified cost or pricing data, (d) (1) If the Contracting Officer dctermines under paragraph (b) of this clause that a price or cost reduction should be made, the Service Provider agrees not to raise the following matters as a defense: (i) The Service Provider or subcontractor was a solo source supplier or otherwise was in a superior bargaining position and thus the price of the IGSA would not have been modified even if accurate, complete, and current certified cost or pricing data had been submitted. (ii) The Contracting Officer should'have known that the certified cost or pricing data iaz issue were defective even though the Service Provider or subcontractor tools no affirmative action to bring the charactar of the data to the attention of the Contracting Officer. (iii) The IGSA was based on an agreement about the total cost of the IGSA and there was no agreement about the cost of each item procured under the IGSA. (iv) The Service Provider or subcontractor did not submit a Certificate of Current Cost or Pricing Data. (2) (i) Except as prohibited by subdivision (d)(2)(ii) of this clause, an offset in an amount determined appropriate by the Contracting Officer based upon the facts shall be allowed against the amount of a IGSA price reduction if - (A) The Service Provider certifies to the Contracting Officer that, to the best of the Service Provider's knowledge and belief, the Service Provider is entitled to the offset in the amount requested; and (B) The Service Provider proves that the certified cost or pricing data were available before the "as of date specified on its Certificate of Current Cost or Pricing Data, and that the data were not submitted before such date. (ii) An offset shall not be allowed if- (A) The understated data were known by the Service Provider to be understated before the "as of" date specified on its Certificate of Current Cost or Pricing Data; or 33 25G -36 EROIGSA- 15.0007 (B) The Government proves that the facts demonstrate that the IGSA price would not have increased in the amount to be offset even if the available data had been submitted before the "as of date specified on its Certificate of Current Cost or Pricing data. (e) If any reduction in the IGSA price under this clause reduces the price of items for which payment was made prior to the date of the modification reflecting the price reduction, the Service Provider shall be liable to and shall pay the United States at the time such overpayment is repaid (1) Simple interest on the amount of such overpayment to be computed from the date(s) of overpayment to the Service Provider to the date the Government is repaid by the Service Provider at the applicable underpayment rate effective for each quarter prescribed by tlza Secretary of the Treasury under 26 U,S,C, 6621(a)(2); and (2) A penalty equal to the amount of the overpayment, if the Service Provider or subcontractor knowingly submitted certified cost or pricing data that were incomplete, inaccurate, or noncurrent. Certlficate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data submitted, either actually or by specific identification in writing, to the Contracting officer or to the Contra,ctizig officer's representative in support of _* are accurate, complete, and current as of _ * *. This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Service Provider Signature Name Title Iaato of QxoQution * ** * Identify the proposal, request for price adjustment, or other submission involved, giving the appropriate identifying nunaber (e.g,, RFP No,), "insert the clay, month, and year when price negotiations were concluded and price agreement was reached or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to the date of agreement on price, * *k Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to, 34 25G -37 EROIGSA-15 -0007 Article 27, Combating Trafficking in :Persons (a) Definitions. As used in this clause - ,4Coereion" means— (1) Threats of serious harm to or physical restraint against any person; (2) Any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (3) The abuse or threatened abuse of the legal process. "Commercial sex act" means any sex act on account of which anything of value is given to or received by any person. "Debt bondage" means the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined. ">mployce" means an employee of the Contractor directly engaged in the performance of work under the contract who has other than a minimal impact or Involvement in contract performance. "Forced Labor" means knowingly providing or obtaining the labor or services of a person — (1) By threats of serious harm to, or physical restraint against, that person or another person; (2) By means of any scheme, plan, or pattern intended to cause the person to believe that, if the person did act perfomn such labor or services, that person or another person Would suffer serious harm or physical restraint; or (3) By means of the abuse or threatened abuse of law or the legal process. "Involuntary servitude" includes a condition of servitude induced by means of— (1) Any soherrne, plan, or pattern intended to cause a person to believe that, if the person slid not enter into or continue in such conditions, that person or another person would suffer serious harm or physical restraint; or (2) The abuse or threatened abuse of the legal process. "Severe forms of trafficking in persons" means- - (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 13 years of age; or 35 25G -38 BROIGSA -15 -0007 (2) The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery, "Sex trafficking" means the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act, (b) Policy. The United States Government has adopted a zero tolerance policy regarding trafficking in persons. Contractors and contractor employees shall not— (1) Engage in severe forms of trafficking in persons during the period of performance of the contract; (2) Procure commercial sex acts during the period of performance of the contract; or (3) Use forced labor in the performance of the contract, (o) Contractor requirements. The Contractor shall-• – (1) Notify its employees of- (i) The United States Government's zero tolerance policy described in paragraph (b) of this clause; and (ii) The actions that will be taken against employees for violations of this policy. Such actions may include, but are not limited to, removal from the contract, reduction in benefits, or termination of employment; and (2) Take appropriate action, up to and including termination, against employees or subcontractors that violate the policy in paragraph (b) of this clause, (d) Notification. The Contractor shall inform the Contracting Officer immediately of— (1) Any information it receives from any source (including host country law enforcement) that alleges a Contractor employee, subcontractor, or subcontractor employee has engaged in conduct that violates this policy; and (2) Any actions taken against Contractor arnployees, subcontractors, or subcontractor employees pursuant to this clause, (e) Remedies. In addition to other remedies available to the Govoi nnont, the Contractor's failure to comply with the requirements of paragraphs (c), (d), or (f) of this clause may result in— (1) Requiring the Contractor to remove a Contractor employee or employees from the performance of the contract; (2) Requiring the Contractor to terminate a subcontract; (3) Suspension of contract payments; (4) Loss of award foe, consistent with the award fee plan, for the performance period in which the Govenzrnont determined Contractor non - compliance; 36 25G -39 BROIGSA -15 -0007 (5) Termination of the contract for default or cause, in accordance with the termination clause of this contract; or (6) Suspension or debarment. (f) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (f), in all subcontracts, (g) Mitigating Factor. The Contracting Officer may consider whether the Contractor had a Trafficking in Persons awareness program at the time of the violation as a mitigating factor when determining remedies, Additional information about Trafficking in Persons and examples of awareness programs can be found at the website for the Department of State's Office to Monitor and Combat Trafficking in Persons at http: / /www.state.gov /g/tip, Article 28, Order of Precedence Should there be a conflict between the 2011 PBN'DS and other any other term and /or condition of the [GSA, the Service Provider shall contact the Contracting Officer for clarification, Article 29. Reporting ]Executive Compensation and First -Tier Subcontract Awards a.) Definitions, As used in this article: "Executive" means officers, managing partners, or any other employees in management positions. "First -tier subcontract" means a subcontract awarded directly by the Contractor for the Purpose of acquiring supplies or services (including constriction) for performance of a prime contract. It does not include the Contractor's supplier agreements with vendors, such as long- term arrangements for materials or supplies that benefit multiple contracts and /or the costs of which are normally applied to a Contractor's general and administrativo expenses or indirect costs. " Months of award" means the month in which a contract is signed by the Contracting Officer or the month in which a first -tier subcontract is signed by the Contractor. "Total compensation" means the cash and noncash dollar value earned by the excoutive during the Contractor's preceding fiscal year and includes the following (for more information see 17 CFR 229,402(c)(2)): (1) Salary and boners. (2) Awards afstoch, stoc %options, and stook appreciation rights. Use the dollar aneunt recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Financial Accounting Standards Board's Accounting Standards Codification (FASB ASC) 718, Compensation -Stock Compensation. 37 25G -40 EROIGSA- 150007 (3) Earnings far^ services under non - equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees, (4) Change in pension value, This is the change in present value of defined benefit and actuarial pension plans. (5) Above- market earnings on deferred compensation which is not tact- qualtfied, (6) Other compensation, if the aggregate value of all such other compensation (e.g., sevorance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. (b) Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109.282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub, L. 110 -252), requires the Contractor to report information an subcontract awards, The law requires all reported information be made public, therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public. (e) Nothing in this article requires the disclosure of classified, information (d) (1) Executive compensaaion of'the prime contractor. As a part of its annual registration requirement in the Central Contractor Registration (CCR) database, the Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if- 0 In the Contractor's preceding fiscal year, the Contractor received- - (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and sdbgrants), cooperative agreements, and other forms of Federal financial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and . subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistanca; and (ii) The public does not have access to information about the compensation of the exce itivos through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 1 S U,S,,C. 7$m a), 18o(d, ) or section 6104 of the Internal Revenue Code of 1986. (To determine if tho public has access to the compensation information, ,see the U,S. Security and Exchange Commission total compensation filings at httu://www scc,go /answeLj econn n.htm.) (2) First -ieir subcontract iv formation. Unless otherwise directed by the contracting officer, or as provided in paragraph (h) of this clause, by the end of the month following the month of award of a first -ti or subcontract with a value of $25,000 or more, the 38 25G -41 EROIGSA -15 -0007 Contractor shall report the following information at; htt�://,www.fsrs. *c v for that first- tier subcontract. (The Contractor shall follow the instructions at http: / /www.fsr.nov to report the data,) (i) Unique identifier (DUNS Number) for the subcontractor receiving the award and for the subcontractor's parent company, if the subcontractor has a parent company, (ii) Name of the subcontractor. (iii) Amount of the subcontract award, (iv) Date of the subcontract award. (v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract. (vi) Subcontract number (the subcontract number assigned by the Contractor), (vii) Subcontractor's physical address including street address, city, state, and country, Also include the nine -digit zip code and congressional district. (viii) Subcontractor's primary performance location including street address, city, state, and country, Also include the nine -digit zip code and congressional district. (ix) The prime contract number, and order number if applicable, (x) Awarding agency name and code, (xi) Funding agency name and code. (xii) Government contracting office code. (xiii) Treasury account symbol (TAS) as 'reported in FFDS. (xiv) The applicable North American Industry Classification System code (NAICS). (3) L'xecue&e cronaperisatiain, of the first4ier subcantraetor. Unless otherwise directed by the Contracting Officer, by the and of the month following the month of award of a first -tier subcontract with a value of $25,000 or more, and annually thereafter (calculated from the prime contract award date), the Contractor shall report the names and total compensation of each of the five most highly compensated executives for that first -tier subcontractor for tyre first -tier subcontractor's preceding completed fiscal year at http: / /www fsrs gov , if- (i) In the subcontractor's preceding fiscal year, the subcontractor received- 39 25G -42 EROIGSA- 15.0007 (A) 80 percent or more of its annual gross revenues front Federal contracts (and subcontraets), loans, grants (and subgrants), cooperative Agreements, and other forms of Federal financial assistance; and (B) $25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 4104 of the Internal Revenue Code of 1986, (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings of httu: / /wwvv sec gov /answers /execottip.htm.) (e) The Contractor shall not split or break down first -tier subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d). (f) The Contractor is required to report information on a fxst-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required ruxless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to mace further reports after the first -tier subcontract expires. (g) (1) If die Contractor in the previous tax year had gross income, from all sources nd er awards, $300,000, the Contractor is exempt from the xoquixom , uent to report subcontractor (2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor. (h) The FSRS database at kW-,//Wwtivfsrs.gov will be propopulated with sonic information from CCR 40 25G -43 Proposal 25G -44 I11 O'K all 138cmg -A And Adders With Mltragt And/,, g,do, ito, drs. 1. DATA OF ORDER 2, CONTRACT NO. (If -ay) 05/29/2015 EROIG8A -15 -0007 3, ORDER N0, 4, REQUISITION / RRFERENCE N0. n/a S. ISSUING OFFICE (Address oorroepondeno- to) ICE / Detest Mngt /Detest Contract -LAG Immigration and Oustoma Enforcement Office of Acquisition Management 24000 Avila Road, Room 3104 Attn: Natasha Nguyen (949)425 -7030 Laguna Ni5ueI CA 92677 7. TO: 9. NAME OF CONTRACTOR BANTA ANA CITY OF b. COMPANY NAME o, STREE7ADDRE88 20 CIVIC CENTER PLAZA 6, SHIP TO! a. NAME OF CONSIGNEE See IGSA Facility Location b. STREAM ADDRESS a. CITY I. SHIP VIA ❑e, PURCHASE REFERENCE YOUR: Flees- furnish the following an the terms -70 and - Adldona epadflod on bath sides of SANTA ANA % $TATE t. ZIP CODE thls order end nn the Atlachod shoat, It any, CA 92701 InclUdldgdallv-ry as Indio -led. B. ACCtlUNTING AND APPROPRIATION DATA TD REQUISITIONING OFFICE 17. BUSINESSCLA$81POATION (CAaoA appropd -fa dok(ee)) r Tc, Enforcement & Remc ❑ a. SMALL X] It. OTHERTHAN SMALL El a. DISADVANTAGED Lid. WOMEN -OWNED rr--�� IJ e. NUBZcne Qt I WOMEN OSB) RAN -OWNED FLIOIBIEUNDER THE WO33 PROGRAM VETERAN-OWNED E] Ill ECVV08U 19. PLAGOOF N. OOVERNMENT2 /L NO, 1SDRLIVERTOFO.S. P, a. INSPECTION b. ACCEPTANCE ON OR BEFORR (Usk) Destination Destination 07/31/2020 17. SCHEDULm a)acr/nPv ITEM NO. SUPPLIES OR SERVICE$ UNIT (a) (b) NIT PRICE dl a) DUNS Nnmber: 069153247 COR POO: Daniel Polnplun, (760) 561 -63 e —'nail at This is a fined rate IGSA to allpply Continued 20. INVOICE N0, ,� 21 MAIL INVOI SE6 -&LING I07OOTIONS b.STREETi ONRavaRAa (Or H.0, BOX) RTilliaton 22. UNITED STATES OF — AMERICA BY (81BndAlm) D14S, ICE BurIA11FOrt I:inaance Centel: P.C. Box 1620 Attn: ICE - ERG- FOD -P'LS PAUE OF PAGES 1 2 d. STATE I e. ZIP CODE LJ Ix DELIVERY IMOPt for blllin® Inelmollans on the reverse, thls dallvery order Is subject to instructions "tamed on the olda only of this form and In lasu-d aub(eot to An. Gamma and aondhons Of In- Abovs•numbored o,,kaat. Destination AMOUNT 0,00 d, 000 VT 05495 -1620 23, NAME mp-d) Roberta .7, 4a11E TITLE! CONTRACTING /ORUER[NG OFFICER 25G -45 Net 30 QUANTITY ACCEPTED (0) r] 17(1) GRAND TOTAL 14 MOM 4 Igo FOR SUPPLIES OR S NO HMPORTANT; Maalt qll p °ckgggs antl pepors with oonbgal gntlMr radar numbers, DATE Op OROER CONTRAOTNC 05/29/2015 EROIG9A -15 -0007 ORDER NO. ITEfvI Ntl. SUPPLIE81SERVICES QUANTITY UNIT UNIT AMOUNT QUANTITY (e) (di ORDERED PRICE ACCEPTED ssrvices at the amounts Indicated, P) M Contractor. (Servlca Provider) should not provide any additional, supplies or services and /or bill in any additional amount without authorization by the C01ILractincg Officer. AOCOUnting Info; Funding will he added by issuance of task orders Period of Performance: 07/01/2015 to 06/30/2020 0001 Detention gerVJCGS -- Bad Day Efate in DA 105.00 0.00 accordance with ICE Agreement Number CROIGSA -15 -0007. All other terms and conditions remain the same. This is a fixed price IGSA to supply services with estimated (DA) Bed Days. Obligated Amount: $0.00 The total amount of award: $0.00. 'Ills obliga.t.ion for this award is shown in box 17(i), PiMW -M FARM 011)<O n, 25G -46 Attachment 1 25G -47 EROIGSA -15 -0007 AT'T'ACHMENT 1 - PBNDS 2011 OPTIMAL PROVISIONS COMPLIANCE WITH PBNDS 2011 OPTIMAL PROVISIONS: CITY OP SAN7A ANA The purpose of this attachment is to (A) incorporate optimal provisions of the 2011 Performance Based National Detention Standards (PBNDS 2011) at the City of Santa Ana, (B) identify PBNDS 2011 optimal provisions that are not applicable, and (C) incorporate other non - mandatory PBNDS 2011 requirements which will be applicable at the facility. Several of thaw commitments are memorialized with greater specificity in the contractor's Performance Work Statement (PWS), A. The City of Santa Ana Facility will comply with the following optimal requirements under the ICE 2011 Performance Based National Detention Standards (PBNDS 2011), at no additional cost to the agency: Standard 2.1: Admission and Release • "Whenever possible, medical personnel shall be present to observe the strip search of a tsansgender detainee." (Section VB.4.c) Standard 2.12: Special Management Units • "Detainees must be evaluated by a medical professional prior to being placed in an SMU." (Section VD) Standard 4.3: Medical Care • "Medical facilities within the detention facility shall achieve and maintain current accreditation with the standards of the National Commission on Correctional Health Care (NCCIIC), and shall maintain compliance with those standards." (Section 111) • "Adequate space and staffing for the use of services of the ICE Tele- Health Systems, inclusive of tele - radiology (ITSP) and tele- medicine, shall be provided." (Section 1128) • "The facility, when equipped with appropriate technology and adequate space, shall provide for the use of services of the ICE Tele - Health Systems, inclusive of tele- radiology (ITSP), tele- psychiatry and tele - medicine." (Section V.DD) Standard 4.4: Medical Care (Women) • "The facility's provision of gynecological and obstetrical healthcare shall be in compliance with standards set by the National Commission on Correctional Health Care (NCCHC)." (Section 111) Standard 4.6: Significant Self -Harm and Suicide Prevention and Intervention + "The facility shall be in compliance with standards set by the National Commission on Correctional Health Care (NCCHC) in its provision of preventive supervision, treatment, and therapeutic follow -up for clinically suicidal detainees or detainees at risk for significant self - harm." (Section 113) Standard 4.7: Terminal Illness, Advance Directives, and Death + "The facility shall be in compliance with standards set by the National Commission on Correctional Health Care (NCCHC) in its provision of medical care to terminally ill detainees." (Section 11.2) 25G -48 EROIGSA -15 -0007 ATTACHMENT I - PBNDS 2011 OPTIMAL PROVISIONS Standard 5.4: Recreation • Administrative Segregation: "Facilities operating at the optimal level will offer detainees at least two hours of recreation or exercise per day, seven days a week." (Section FE) • Disciplinary Segregation: "Facilities operating at the optimal level will offer detainees at least one hour of recreation or exercise per day, seven days a week." (Section VE) • "Detainees shall have at least four hours a day access, seven days a week, to outdoor recreation, weather and scheduling permitted. Outdoor recreation shall support leisure activities, outdoor sports and exercise, provided outside the confines of the housing structure and/or other solid enclosures." (Section I1.2) • "Detainees in the general population shall have access at least four hours a day, seven days a week to outdoor recreation, weather and scheduling permitted. Daily indoor recreation shall also be available. During inclement weather, detainees shall have access to indoor recreational opportunities with access to natural light." (Section V.B) • "Facilities operating at the optimal level shall offer access to reading materials, through libraries with regular hours, book carts or other means. Reading materials in English, Spanish and, if practicable, other languages, should be made available." (Section VF) • "Facilities shall offer other programmatic activities, such as: 1. educational classes or speakers; 2. sobriety programs such as alcoholics anonymous; and 3. other organized activities or recreational programs," (Section V.F) Standard 5.6: Telephone Access • "Consistent with the order and safety of the facility, the facility may allow for use of other equipment such as video relay and video phones for detainees who are deaf or hard of hearing. Facilities shall permit detainees with disabilities the opportunity to submit requests for the auxiliary aid of their preference." (Section V. Q) Standard 63: Law Libraries and Legal Material • "When requested and where resources permit, facilities shall provide detainees meaningful access to law libraries, legal materials, and related materials on a regular schedule and no less than 15 hours per week." (Section II,3) B. The following optimal provisions are not applicable, or, in the case of Telephone Access, are not the responsibility of the Contractor: Standard 5.4: Recreation • "Detainees shall be provided FM wireless headsets for television viewing, with access to appropriate language or choices." Standard 5.6: Telephone Access • "Facilities shall be operating at the optimal level when at least one telephone is provided for every ten (10) detainees." (Section VA. 1) C. The Contractor shall ensure that the following General Visitation hours are available to detainees at the facility: General Visitation, including contact visitation, shalt be available to the general population a minimum of 8 hours per day on weekdays and 10 -12 horns per day on weekends. 25G -49 EROIGSA -15 -0007 ATTACHMENT 1 - PBNDS 2011 OPTIMAL PROVISIONS Compliance with the above PBNDS 2011 optimal and other non- mandatory provisions sball begin upon signature of this agreement. Should there boa conflict between these provisions and any other term or condition of this contract, you are to contact the Contracting Officer for clarification. 25G -50 Attachment 2 25G -51 EROIGSA -15 -0007 ATTACHMENT 2 - Title 29, :Part 4 .Labor Standards for Federal Setvice Contracts TITLE 29- -LABOR PART 4 LABOR STANDARDS FOR FEDERAL SERVICE CONTRACTS- -Table 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 frill by the contracting agency in every contract /Inter - Governmental Service Agreement (1GSA) entered into by the Baited States or the District of Columbia, in excess of $2,500, or in an indefinite amount, the Principal purpose of which is to famish services through the use of service employees (a) 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 CPR part 4), (b)(1) 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. (2)(i) If there is such a wage determination attached to this Contraet/'IGSA, the contracting officer shall require that any class of service employee which is not listed therein and which is to be crnployed under the Contract/IGSA (i.e., the work to be performed is not performed by any classification listed in the wage deternnation), be classified by the contractor so as to provide a reasonable relationship (i,e., appropriate level of skill comparison) between such milisted classifications and the classifications listed in the wage dot erminat cn, Such conformed class of ernpioyees shall be paid the monetary wages and furnished the Ringe, benefits as are determined pursuant to the procedures in this section. ({{)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 promptly submit a report of tho 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. Page I of & 25G -52 EROIGSA -15 -0007 ATTACHMENT 2 - Title 29, Fart 4 Labor Standards for Federal Service Contracts (iii) The final determination of the conformance action by the Wage and Hour Division shall be transmitted to the contracting officer who shall promptly notify the contractor of the action taken. Each affected ennployee 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. (iv)(A) The process of establishing wage and fringe benefit rates that beaxs a reasonable relationship to those listed in a wage determination cannot be [[Page 41 J] 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 Fay 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 corder which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and (tinge benefits may be assigned to such conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or doorease, where appropriate) between the wages and Ringo benefits specified for all classifications to be used on the Contract/1GSA which are li,st'od 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 takon but the other procedures irn,paragraph (b) (2) (ii) of this section need not be followed. (C) No employee engaged in performing work on this Contraot/10SA shall in any event be paid lass than the currently applicable minimum wage specified under section 6(a) (1) of the Fair Labor Standards Act of 1918, as amended. (v) Tho wage rate and fringe benefits finally determined pursuant to paragraphs (b)(2)(i) and (ii) of tlris section shall be paid to all employees performing in Che 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 eomnneneed Contract/IGSA work shall be a violation of the Act and this contract,(vi) Upon discovery of failure to comply with paragraphs (b)(2)(i) through (v) 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 authorizod pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this Contract/IGSA is more than I year, the minimum monetary wages and fringe benefits required to be paid or . furnished there under to sorvioc employees shall be subject to adjustment after I year and not less often than once every 2 years, pursuant to wage Page 2 of 8 25G -53 EROIGSA -15 -0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts determinations to be issued by the wage and Hour Division, Employment Stauclards Administration of the Department of Labor as provided in such Act, (e) 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 lids fringe benefits, or by making equivalent or differential payments in cash in accordance with the applicable rules set forth in subpart D of 29 CFR part 4, and not otherwise. (d)(1) 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 Coatract/IGSA (regardless of whether they are service employees) less than the minimum wage specified by section 6(a)(1) of the Fair Labor Standards Act of 1938, Nothing in this provision shall relieve the contractor ar 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, Corder which substantially the same services were furnished in the same locality and service employees wexe 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 ContracUIGSA shall pay any service employee Performing any of the Contract/10SA 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 agrcoments, to which such employee would have been entitled, if employed Linder 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 Coatract/IGSA may be relieved of the foregoing obligation unless the limitations of Sec. 4.1b(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 CPR part 4 that the wages and /or fiingo benefits provided for in such agreement axe 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 CPR 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 ccllective 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 variance, such determination shall be effective as of the date of the final administrative decision. Page 3 of 8 25G -54 EROIGSA- 15.0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts (0) The contractor and any subcontractor under this Contract/IGSA shall notify each service employee commencing work on this Comract/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 (Pu'olication WH 1313) shall be posted in a prominent and accessible place at the worksita. Failure to comply with this requirement is a violation of section 2(a) (4) of the Act and of this contract, (f) 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 tinder 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. (g)(1) The contractor and each subcontractor porforming 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 (g)(t) (i) through (vi) of this section for each employee subject to the Act and shall make them available for inspection [[Page 4,3]] and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the U.S. Department of Labor: (i) Name and address and social security number of each employee, (ii)The correct work classification or classifications, rate or rates of monotaxy 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. (iii) The number of daily and weekly luours so worked by each employee, (iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (v) 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 (b) of this section. A copy of the report required by the clausc in Paragraph. (b) (2) (ii) of this section shall be doomed to be such a list. (vi) Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to Sec, 4.6(1)(2). (2) The contractor shall also make available a copy of this Contraot/IGSA for inspection or transcription by authorized representatives of the Wage and Hour Division., Page 4 of 8 25G -55 ERGIGSA- 15.0007 ATTACHMENT 2 • Title 29, Part 4 Labor Standards for Federal Service Contracts (3) Failure to make and maintain or to malce available such records for inspection and transcription shall be a. violation of the regulations and this contract, and in die 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 fiaads until such violation ceases. (4) The contractor shall permit authorized representatives of the Wage and Flour Division to conduct interviews with employees at the worlcsite during normal working hours. (h) The contractor shall unconditionally 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 semi - monthly. (i) 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 prune contractor sixch sums as an appropriate offlcial 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 Contraat/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. 0) 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 those clauses in any subcontract shall be deemed to refer to the subcontractor, except in the term Government prime contractor, (lc)(1) As used in these clauses, the team service employee means any person engaged in the performance of this Contract/IGSA other than any person employed in a bona fide executive, administrative, ar professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations, as of Ady [[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 subcontmotor and such persons, (2) The following statement is included in contracts pursuant to sootion 2(a) (5) of the Act and is 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 Page 5 of 8 25G -56 IaRQIGSA• 15 -0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts of 5 LI,S,C, 5341 or 5 U.S.C. 5332 and would, if so employed, be paid not less than the following rates of wages and fringe benefits; Employee class wage- fringebeneftt Search current rates at lift u, / /)y .1i ov /ooaJl2tables! 0)(1) 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 Rill 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 amondmouts thereof effective at a later time during the period of Contract /IGSA performance, such agreements shall be reported promptly 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 maybe retained in the performance of the succeeding Cantraet/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 prune 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 Conttact/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. (m) Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR part 4, (n)(1) 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 tine 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 Contraet/IGSA shall be subcontracted to any person or firer ineligible for award of a Government Contract /IGSA pursuant to section 5 of the Act, Pago 6 of 8 25G -57 CfS 09 •, � . Search current rates at lift u, / /)y .1i ov /ooaJl2tables! 0)(1) 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 Rill 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 amondmouts thereof effective at a later time during the period of Contract /IGSA performance, such agreements shall be reported promptly 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 maybe retained in the performance of the succeeding Cantraet/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 prune 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 Conttact/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. (m) Rulings and interpretations of the Service Contract Act of 1965, as amended, are contained in Regulations, 29 CFR part 4, (n)(1) 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 tine 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 Contraet/IGSA shall be subcontracted to any person or firer ineligible for award of a Government Contract /IGSA pursuant to section 5 of the Act, Pago 6 of 8 25G -57 ERQIGSA -'15 -0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts (3) The penalty for making false statements is prescribed in the U•S. Criminal Code, 18 U,S•C• 1001. (o) Notwithstanding any of the clauses in paragraphs (b) through (m) 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 rxray be employed at wages lower than the minimum wages otherwise required by section 2(a) (1) or([Page 45]] (2)(b)(1) 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 sbeltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minkmam rates of pay tinder 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 cinder the Fair Labor Standards Act of 1938 (29 CFR parts 520, 521, 524, and 525), I (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. (p) 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 thejourneyinan 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 that' the ratio permitted to the contractor as to his entire work force under the registered program. (q) Where an employee engaged in an occupation in which be or she customarily and regularly receives more than $30 a month in tips, the amount of tips received by the employee may be Page 7 of 8 25G -58 EROIGSA -15 -0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts credited by the employer against the minimum wage required by Section 2(a)(1) or 2(b)(1) of the Act to the extent 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 infornl 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 apooling 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. (r) 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, recordteeping, and reporting roquirements contained in this section have been approved by the Office of Management and Budget under the following numbers: [[Page 46]] ...... - ------- ------- -- -- - - - --- --- - - - - -- --- Paragraph OMB control number (b)(2) ( i)--( i. v) ..... ............................... 1215.0150 (e) ....................... (9)(1) ......................... ( i)- '-( iv) ..... ............................... 1215 -0150 1215 -0017 (9)(1) (v), (VI) ..... ............................... 1215.0150 (1) (1), (2)— ..................................... 1215-0150 (q)(3) ... ... ........ ............................... 1215 -0017 [48 FR 49762, Oct. 27, 1983; 48 .FR 50529, Nov. 2, 1983, as amended at 61 FR 68663, Dec. 30, 1996] Page 8 of 8 25G -59 Attachment 3 25G -60 EROZOSA-1$ -0007 Attachment 3 • Wage Determination WD D5 -2047 (Ray. -16) was first posted on WWW,Wdol,gov on 12/30/2014 wWwwwwwww +w #r +wxwwx +wxwwwwwwwwwww w' Mxaww++ wwawxxwwkw,txAwxwwRwwx6wwwwwwwwwwwwwwwwWw w!4w REGISTER OF WAGE DETERMINATIONS UNDER THE SERVICE CONTRACT ACT By direction Of the Secretary of Labor Diane C. Koglewski Division of Director Wage Detetminati U.S, DEPARTMENT OF LABOR EMPLOYMENT STANDARDS ADMINISTRATION WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 W4940 Determination NO,; 2005 -2047 Revision No.; 16 Date Of Revision: 12122/2014 Note; Executive Order (Bo! 13658 establishes an hourly minimum wage of $10.10 for 2015 that applies to all contracts subject to the Service Contract Act for which the solicitation is issued on or after January 1, 2015. If this contract is covered by the So, the contractor must pay all workers in any classification listed on this wage determination at least $10,10 (or the Applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract. The SO minimum wage rats will be adjusted annually. Additional information an contractor requirements and worker protections under the EC, is available at www,dol.gov /whd /govcontracts. Stet ®: Cali£axnia Area: CA"90rniA Counties of Los Angeles, Orange OCCUPATION NOTES: Heating, Air Conditioning and Refrigeration: Wage rates and fringe benefits can he found on Wage Determinations 1986 -0879, Laundry: Wage rates and fringe benefits can be found on Wage Determination 1977 -1297, OCCUPATION "Fringe Benefits Required Follow the Occupational Listing ** CODE - TITLE FOOTNOTE 01000 - Administrative Support And Clerical Occupations RATE 01011 - Accounting Clerk I 01012 - Accounting Clerk IT 1$.83 01013 - Accounting Clerk III 17.77 01020 - Administrative Assistant 20.27 01040 - Court Reporter 28.68 01051 - Data Entry Operator 2 19,93 01052 - Data Entry Operator ,II 12,26 01060 - Dispatcher, Motor Vehiole 13.37 01070 - Document Preparation Clerk 22.41 01090 - Duplicating Machine Operator 13.75 01111 - General Clark I 13.75 01112 - General Clerk IT 11.76 01113 - General Clerk ITT 14,92 01120 - Housing Referral Assistant 17.43 01141 - Messenger Courier 21,90 01191 - Order Clerk 1 11,45 01192 - Order Clerk 11 16.96 01261 - Personnel Assistant (Employment) 1 18.93 01262 - Personnel Assistant (Employment) yment) II 18.07 01263 - Personnel Assistant (Employment;) III 20.20 01270 - Production Control Clark 22.53 01280 - Receptionist 23,51 01290 - Rental Clerk 14.51 16.83 25G -61 EROIGSA -15 -0007 Attachment 3 - Wage Determination 01300 - Scheduler, Maintenance 01311 - Secretary I 17.39 01312 - ,secretary II 17.39 01313 - Secretary 111 19.45 01320 - Service Order Dispatcher 21,90 01410 - Supply Technician 19,54 01420 - Survey Worker 26 82 01531 - Travel Clerk 1: 19 83 01532 - Travel. Clerk 11 14.72 01533 - Travel Clerk III 16.02 01611 - Word Processor I 17.21 01612 - Word Processor IT 15.18 01613 - Ward Processor ITS 16.87 05000 - Automotive Service Occupations 18 76 05005 - Automobile Body Repairer, Fiberglass 23 56 05010 - Automotive Electrician 05040 - Automotive Glass Installer 22,18 05070 - Automotive Worker 20.94 05110 - mobile Equipment service, 20.84 05130 Motor Equipment Metal Mechanic 19 16 23.56 05160 - Motor Equipment Metal Worker 20.94 05190 - Motor vehicle Mechanic 23.56 05220 - Motor vehicle Mechanic Helper 18,38 05250 - Motor Vehicle Upholstery Worker 20,40 05280 - Motor Vehicle Wrecker 05310 - Painter, Automotive 20,84 22.18 05340 - Radiator Repair Specialist 20.84 05370 - Tire Repairer 05400 - Transmission Repair Specialist 15.47 23,56 07040 - rood Preparation And Service Occupations 07010 - Baker 07041 - Cook T 12.28 07042 - Cook II 12 2.991 1 07070 - Dishwasher 1 07130 - Food Service Worker 10.29 11.20 07210 - Meat Cutter 15,92 07260 - Waiter /Waitress 09000 - Furniture Maintenance And Repair Occupations 9.85 09010 - Electrostatic Spray Painter 20.45 09040 - Furniture Handler l3 66 09080 - Furniture Refinisher 20.45 09090 - Furniture Refini,sher Helper 16 09110 - Furniture Repairer, Minor .30 16.74 09130 - Upholsterer 11000 - General Services And Support Occupations 20.45 11030 - Cleaner, Vehicles 11.76 11060 - Elevator Operator - 11 76 11090 Gardener 11122 - Housekeeping Aide .19,21 12.58 11150 - ,7anitor 14.04 11210 - Laborer, Grounds Maintenance - 14.40 11240 - Maid or Houseman 10,16 11260 - Pruner 13.27 11270 - Tractor Operator 17.13 11330 - Trail Maintenance Worker 14.40 11360 - Window Cleaner 15,77 12000 - Health Occupations 12010 - Ambulance Driver 17.82 12011 - Breath Alcohol Technician 17,82 12012 - Certified Occupational Therapist Assistant 26,38 12015 - Certified Physical Therapist Assistant 26,70 25G -62 CRGIGSA -15 -0007 Attachment 3 - Wage Determination 12020 - Dental Assistant 12025 - Dental Hygienist 12030 - EKG Technician 12035 - Elactroneurodiagnostio Technologist 12040 - Emergency Medical Technician 12071 - Licensed Practical Nurse I 12072 - Licensed Practical Nurse SZ 12073 - Licensed Practical Nurse III 12100 - Medical Assistant 12130 - Medical Laboratory Technician 12160 - Medical Record Clerk 12190 - Medical Record Technician 12195 - Medical Transcriptionist 12210 - Nuclear Medicine Technologist 12221 - Nursing Assistant I 12222 - ,Nursing Assistant 11 12223 - Nursing Assistant III 12224 - Nursing Assistant IV 12235 - optical Dispenser 12236 - Optical Technician 12250 - Pharmacy Technician 12280 - Phlebotomist 12305 - Radiologic Technologist 12311 - Registered Nurse I 12312 - Registered Nurse 11 12313 - Registered Nurse 11, Specialist 12314 - Registered Nurse III 1231.5 - Registered Nurse III, Anesthetist 12316 - Registered Nurse IV 12317 - Scheduler (Drug and Alcohol Testing) 13000 - Information And Arts occupations 13011 - Exhibits specialist I 13012 - Exhibits Specialist I1 13013 - Exhibits Specialist III 13041 - Illustrator 1 13042 - I11ustra Lor II 13043 - Illustrator III 13047 - Librarian 13050 - Library Aide /Clerk 13054 - Library Information Technology Systems Administrator 13058 - Library Technician 13061 - Media Specialist I 13062 - Media Specialist II 13063 - Media Specialist Ir1 13071 - Photographer I 13072 - Photographer 11 13073 - Photographer III 13074 - Photographer IV 13075 - Photographer V - 13110 - Video Teleconference Technician 14000 - Information Technology Occupations 14041 - Computer Operator I 14042 - Computer Operator IT 14043 - computer operator III 14044 - computer Operator IV 14045 - Computer Operator V 14071 - Computer Programmer I 14072 - Computer Programmer 11 14073 - Computer Programmer III 14074 - Computer Programmer IV 25G -63 (see 1) (see 1) (see 1) (see 1) 17,27 38.39 28,1,4 28.14 17.82 18.43 20.,68 23.72 14.82 19.73 16.07 18,53 19.35 36.54 10.19 11.46 12.50 14,03 17.00 15.71 17,83 14,03 23.24 31.47 38.49 38.49 48,20 48.20 57.77 25.09 24.83 30.76 37.63 27.84 34.51 42,16. 31.80 16,49 28,71 22.40 20.36 22.76 25,38 17,95 20.08 26.61 33.56 40.61 20.08 17.82 19,93 22,89 25.73 27,35 27.42 EMMA- 15.0007 Attachment 3 - Wage Detemlination 14101 - Computer SYStomS Analyst T (see 1) 14102 - Computer Systems Analyst 11 (see 1) 14103 - Computer Systems Analyst III (see 11 14150 - Peripheral Equipment Operator 14160 Personal Computer Support Teohnician 15000 - Instructional Occupations 15010 - Aircrew Training Devices Instructor (Mon - Rated) 15020 - Airoraw Training Device% Instructor (Rated) 15030 - Air Crew Training Devices Instructor (pilot) 15050 - Computer Eased Training Specialist / Instructor 15060 - Educational Technologist 15070 - Flight Instructor (Pilot) 15080 - Graphic Artist 15090 Technical Instructor L5095 - Technical Instructor /Course 'Developer 15110 - Test Proctor 15120 - Tutor 19000 - Machine Tool Operation And Repair Occupations 19010 - Machine -Tool Operator (Tool Room) 19040 - Tool And Die Maker 21000 - Materials Handling And Packing Occupations 21020 - Forklift Operator 21030 - Material Coordinator 21040 - Material Expediter 21050 - Material Handling Laborer 21071 - Order Filler 21080 - production Line Worker (Food processing) 21110 - Shipping Packer 21130 - Shipping /Receiving Clerk 21140 - Store Worker 1 21150 - Stock Clerk -21210 - Tools And parts Attendant 21410 - Warehouse Specialist 23000 - Mechanics And Maintenance And Repair Occupations 23010 - Aerospace Structural Welder 23021 - Aircraft Mechanic I 23022 - Aircraft Mechanic II 23023 - Aircraft Mechanic III 23040 - Aircraft Mechanic Helper 23050 - Aircraft, Painter 23060 - Aircraft Servicer 23080 - Aircraft Worker 23110 - Appl$ance Mechanic 23120 - Bicycle Repairer 23125 - Cable Splicer 23130 - Carpenter, Maintenance 237,40 - Carpet Layer 23160 - Electrician, Maintenance 23181 - Electranics Technician Maintenance I 23182 - Electronics Technician Maintenance IT 23183 - Electronics Technician Maintenance III 23260 - Fabric Worker 23290 - Fire Alarm System Mechanic 23310 - Fire Extinguisher Repairer 23311 - Fuel Distribution System Mechanic 23312 - Fuel Distribution System Operator 23370 - General Maintenance Worker 23380 - Ground Support Equipment Mechanic 23381 - Ground Support Equipment 8ervicer 23382 - Ground Support Equipment Worker 23391 - Gunsmith I 25G -64 17.82 ' 25.73. f �I 34,73 42,03 50.37 34.73 36.09 50,37 26,72 25,70 31.47 20.'77 20.77 18,52 23,95 14.54 23.51 23.51 13.02 13.31 14,54 15.08 15.08 11.53 17.13 14.54 14.54 30.78 29.10 30.78 31.94 20.38 24.41 23.55 24.58 20.11 15.47 32.84 27.67 21.12 30.18 23.67 25.21 26.76 23.87 22.33 20.03 25,94 1983 23,26 29.10 23.55 24.58 20.03 4 EROIGSA•15 -0007 Attachment 3 - Wage Determination 23392 - Gunsmith iz 23393 - Gunsmith Ur 23 16 23430 - Heavy Equipment Mechanic 26.19 23440 - Heavy Equipment Operator 28 30 23460 - rnatrument Mechanic 32.10 23465 - Laboratory /Shelter Mechanic 27 13 23470 - Laborer 24.67 23510 - Locksmith 12.49 23530 - Machinery.Maintenance Mechanic 20 49 23550 - machinist, Maintenance 27,12 23560 - Maintenance Trades Helper 25.41 23591 - Metrology Technician 1 14,82 23592 - Metrology Technician 1.r 27 13 23593 - Metrology Technician 111 28.74 23640 - Millwright 31.43 23710 - Office Appliance Repairer 25.63 23760 - painter, Maintenance 20.86 23790 - Pipe£itter, Maintenance 21,05 23810 - Plumber, Maintenance 25.74 23820 - Pneudraulic Systems Mechanic 24 24 23850 - Rigger 26 89 23870 - Scale Mechanic 26 81 23890 - Sheet -Metal Worker, Maintenance. 23.86 23910 - Small Engine Mechanic 29 34 23931 - Telecommunications Mechanic 1 18 70 23932 - Telecommunications Mechanic Zi 26.30 23950 - Telephone Lineman 27.86 23960 - Welder, Combination, Maintenance 24.18 23965 - Well Driller 19 75 23970 - Woodcraft Worker 24,56 23980 - Woodworker 23 90 24000 - personal Needs Occupations 18.49 24570 - Child Care Attendant 24580 - Child Care Center clerk 13.05 24610 - Chore Aide 16 03 24620 - Family Readiness And Support services 10 57 Coordinator 18 03 24630 - Homemaker 25000 - plant And System Operations Occupations 15.21 25010 - Boiler Tender 25040 - Sewage Plant Operator 27.59 25070 - stationary Engineer 28,83 25190 - Ventilation Equipment Tender 27.59 25210 - Water Treatment plant Operator 19.34 27000 - Protective Service Occupations 28.83 27004 - Alarm Monitor 27007 - Baggage -Inspector '-. 23.77 27008 - Corrections Officer 13.15 27010 - court Security Officer 31.01 27030 - Detention Dog Handler 31.00 27040 - Detention officer 23,77 27070 - Firefighter 31.01 27101 - Guard 1 29.97 27102 - Guard 11 13.15 27131 - police Officer r 23,77 - 27132 - Police officer 11 36.78 2 &000 - Recreation Occupations 40.87 28041 - Carnival Equipment Operator 28042 - Carnival Equipment Repairer 12,76 28043 - Carnival Equpment Worker 12 -.74 28210 - Gate Attendant /Cate Tender 67 14,16 25G -65 ER010SA- 150007 Attnchnlent 3 -Wage iletelmination 28310 - Lifeguard 28350 - Park Attendant (Aide) 13.48 15.83 28510 - Recreation Aide /Health Facility Attendant 11,56 28515 - Recreation Specialist 19.61 28630 - Sports Official 28690 - Swimming Pool Operator 12 61 16.97 29000 - Stevedoring /Lougsharemen Occupational Services 29010 - Slocker And Bracer 23.42 29020 - Hatch Tender 23.42 29030 - Lino Handler 23.42 29041 - Stevedore I 21.88 29042 - Stevedore It 24.95 30000 - Technical Occupations 30010 - Air Traffic Control Specialist, Center (HFO) (see 2) 39.85 30011 - Air Traffic Control Specialist, Station (HFO) {see 2) 27,98 30012 - Air Traffic Control Specialist, Terminal (HFO) (see 2) 30,26 30021 - Archeological Technician I 22.52 30022 - Archeological Technician I1 24.21 30023 - Archeological Technician III 34,46 70030 Cartographic Technician 34.46 30040 - Civil Engineering Technician 30.78 30061 - Drafter /CAD Operator 1 24.66 30062 - Drafter /CAD Operator 11 27,81 30063 - Drafter /CAD Operator III 31.00 30064 - Drafter /CAD Operator IV 38.15 30081 - Engineering Technician I 19.68 30082 - Engineering Technician 11 22.09 30083 - Engineering Technician 111 24.70 30084 - Engineering TecluAcian IV 30160 30085 - Engineering Technician V 37,43 30086 - Engineering Technician VI 45.29 30090 - Environmental Technician 27.72 30210 - Laboratory Technician 23.13 30240 - Mathematical Technician 3392 30361 - Paralegal /Legal Assistant 1 21,83 30362 - Paralegal /Legal Assistant 11 27.04 30363 - Paralegal /Legal Assistant III 33,08 30364 - Paralegal /Legal Assistant IV 4043 30390 - Photo - Optics Technician 3L92 30461 - Technical Writer 1 23.62 30462 - Technical Writer It 28,89 30463 - Technical Writer 1I1 34,96 30491 - Unexploded Ordnance (UXO) Technician 1 25,32 30492 - Unexploded Ordnance (UX4) Technician lI 30,64 30493 - Unexploded Ordnance (UXO) Technician III 36,72 30494 - Unexploded iUXO) Safety Escort 25 32 30495 - Unexploded (UXo) Sweep Personnel 25.32 30620 - Weather Observer, Combined Upper Air, Or (see 2) 30.42 Surface Programs 30621 - Weather Dbserver, Senior (see 2) 33.79 31000 - Transportation /Mobile Equipment Operation Occupations 31020 - Bus Aide 13.63 31030 - Bus Driver 19.62 31043 - Driver Courier 13 3.,27 27 31260 - Parking and Lot Attendant 31290 - Shuttle Bus Driver 14,48 31310 - Taxi Driver 13.27 31361 - Truckdrivez, Light 14,48 31362 - Truckdriver, Medium 20,63 31363 - Truckdriver, Heavy 21,78 31364 - Truckdriver, Tractor - Trailer 21,78 25G -66 i L I EROIGSA- 15.0007 Attachment 3 - Wake Determination 99000 - M1Iiscellaneoua Occupations 99030 - Cashier 99050 - Desk clerk 12,13 99095 - Embalmer 12.55 99251 - Laboratory Animal Caretaker x 23'19 99252 - Laboratory Animal Caretaker ZI 11,02 99310 - Mortician 12.08 99410 - Pest Controller 34.35 99510 - Photofinishing Worker 15.19 99710 - Recycling Laborer 16,35 99711 - Recycling Specialist 21.03 99730 - Refuse Collector 24.67 99810 - Sales Clark 18,76 99820 - School Crossing Guard 17,13 99630 - Survey Party Chief 9.31 99831 - Surveying Aide 37,97 99832 - Surveying TochnicIan 21.26 99840 - Vending Machine Attendant 27,95 99841 - Vending Machine Repairer 12,77 99842 - Vending Machine Repairer Helper 15,42 12.77 ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS; HEALTH & WELFARE; 54.02 per hour or $160.60 per week or $696.79 per month VACATION: 2 weeks paid vacation after 1 year of service with a contractor or successor; 3 weeks after s 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. (Rag. 29 CFR 4.178) HOLIDAYS: A minimum of ten paid holidays per year, New Year's Day, Martin Luther Ring 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 PARENTHESE5 RECEIVE THE FOLLOWINdr 1) COMPUTER EMPLOYEES: Under the SCA at seeder; e(b), this wage determination does not apply to any employee who individually qualities as a bona fide executive, administrative, ar professional employee as defined in 29 C.F.R. Part 541. Because most Computer System Analyets and Computer Programmers who are compensated at a rate not less than $27,63 (or an a salary or fee basis at a rate not less than $455 per week) an hour would likely quality 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 same 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 cr Computer Programmer occupations for which this wage determination does act specify an SCA wade rate; then the wage rate for that employee must be conformed in accordance with the 7 25G -67 EROYOSA -15 -0007 Attachment 3 - Wage Detemlinadon 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 systama 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) AWR 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 Gam. 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 254 of your basic rate for each hour of Sunday work which is not overtime (i,e, occasional work on Sunday outside the normal tour of duty is considered overtime work), HAZARDOUS PAY DIFFERENTIAL: An S 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 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 -houro 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 tho terms of the Government contract, by the employer, by the state or local law, eto.), 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 roimbursa employees for the actual 25G -68 EROIGSA- I5- 0007 .Attaehment 3 - Wage Determination 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 fox such cleaning and maintenance at a rate of $3,35 per week (or $,67 cents per day). Howaver, 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, unleos otherwise indicated, Copies Of the Directory are available on the zntmrnat. A links to the Directory may be found on the WHIG home page at https / /www,dol. gav /aaa /whd/ or through the Wage Determinations On -Line (WDOL) Web site at http: / /wdol.gov /, REQUEST YOR AUTHORISATION OF ADDTTIONAt, CLASSIFICATION AND WAGE RATE (Standard Form 1444 (SF 14401 Conformance Prncass; 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 (i,e „ the work to be performed is not performed by any classifioation listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (3,e., 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 olass(es) Of employees. The conformed classification, wage rate, and /or fringe benefits shall be retroactive to the commencement date of the contract. (Sea Section 4,6 (C)(vi)) When multiple wage determination, are included in a contract, a separate SF 1444 should ba prepared ear each wage determination to which a classes) is to be conformed. The process for preparing a conformance request is as (allows: , 1) When preparing the bid, the contractor identifies the need for a conformed oocupation(s) and computes a proposed rate(s), 2) After contract award, the contractor prepares a written report listing in order proposed classification title($), a Federal grade equivalency (FGE) for each proposed classification(s), job description($), 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 there no to the contracting officer no or tar than 30 days after, such unlisted claos(es) of employees Performs any contract wank, 3) The contracting officer reviews the proposed aactivn and promptly 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 Gabor, Ear review, (See section 4.6(b)(2) of Regulations 29 CPR hart 4). 4) Within 30 days of receipt, the Wage and Hour Division approves, modiflos, or 25G -69 EROTG5A- 15.0007 Attachment 3 - Wago IDotenninatioti disapproves the action via transmittal to the agency contracting nffioer, or notifies ttre 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 'Sr 1444 or bond paper. When preparing a conformance request, the "Service Contract Act Directory of Occupations" {the Directory) should be used to oompare 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 whather 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. 10 25G -70 Attachment 4 25G -71 EROIGSA- 15.0007 ATTACHMENT dt INCORPORATION Or DI -IS PR>UA STANDARDS This document incorporates the requirements from Subpart A of the US. Department of Homeland Security (DENS) regulation titled, "Standards to Prevent, Detect, mud Respond to Sexual Abuse and Assault in Confinement Facilities," 79 Fed, Reg, 13100 (Mar, 7, 201 4) that are specWcally applicable to detention facilities. Requirements that are applicable to the agency only have not been included, and accordingly, the numbering and sequential order within each of the below sections may not necessarily reflect those contained in Subpart A. Where any requirements of the DHS standards may conflict with the terms of the ICE 2011 Performance -Based National Detention Standards (PBNDS 2011) currently applicable at the facility, the DHS AREA standards shall supersede: 115,6 Definitions R ©fated to Sexual Abuse and Assault (1) Sexual abuse includes— (a) Sexual abuse and assault of a detainee by another detainee; and (b) Sexual abuse and assault of a detainee by a staff member, contractor, or volunteer. (2) Sexual abuse of a detainee by another detainee includes any of the following acts by one or more detainees, prisoners, inmates, or residents of the facility in which the detainee is housed who, by force, coercion, or intimidation, or if the victim did not consent or was unable to consent or refuse, engages in or attempts to an in: (a) Contact between the penis and the vulva or anus anti, for purposes of this subparagraph, contact involving the penis upon penetration, however slight; (b) Contact between the mouth and the penis, vulva, or anus; (c) Penetration, however, slight, of the anal or genital opening of another person by a hand or finger or by any object; (d) Touching of the genitalia, anus, groin, breast, inner thighs or buttocks, either directly or through the clothing, with an intent to abuse, humiliate, harass, degrade or arouse or gratify the sexual desire of any person; or (e) Threats, intimidation, or other actions at communications by one or more detainees aimed at coercing or pressuring another detainee to engage in a sexual act. (3) S , ual abuse of a data nee by a staFF non bar Contractor oy r volunteer includes any of the following acts, if engaged in by one or more staff members, volunteers, or contract personnel who, with or without the consent of the detainee, engages in or attempts to engage in: (a) Contact between the penis and the vulva or anus and, for pnrposos of this subparagraph, contact involving the penis upon penetration, however alight; (b) Contact between the mouth and the penis, vulva, or anus; (c) Penetration, however slight, of the, anal or genital opening of another personby a hand or finger or by any object that is unrolated to official duties or where the staff member, contractor, or volunteer has the 'intent to abuse, arouse, or gratify sexual desire; (d) Intentional touching of the genitalia, anus, groin, breast, inner thighs or buttocks, either directly or through the clothing, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; (e) Threats, intimidation, harassment, hidecent, profane or abusive language, or ()their actions or communications, aimed at coaroing or pressuring a detainee to engage in a sexual act; (f) Repeated verbal statements or comments of a sexual nature to a detainee; (g) Any display of his or her uncovered genitalia, buttocks, or breast in the presence of an innate, detainee, or resident, or (h) Voyeurism, which is defined as the inappropriate visual surveillance of a detainee for reasons unrelated to official duties. Where riot conducted for reasons relating to official duties, the following axe examples of voyeurism: staring at a detainee who is using a toilet 25G -72 EROIGSA- 15,0007 ATTACITNIENT 4; INCORPORATION OF DIIS PRE, A STANDARDS in his or hot, cell to perform bodily functions; requiring an innate detainee to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a detainee's asked body or of a detainee performing bodily functions, P12PV1;NTTON PLANNING 115,11 Ze o tolerance of sexual abase, Prevention oy Sexnal Ascanit Coordinator (1) Bach facility shall have a writton policy mandating zero tolerance toward all farms of sexual abuse and outlining the facility's approach to preventing, deteotng, and responding to such conduct. The agency shall review and approve each facility's written policy. (2) Each facility shall employ or designate a Prevention of Soxual Assault Compliance Manager (PSA Compliance Manager) who shall serve as the facility point of contact for the ICE PSA Coordinator slid who has sufficient time and authority to oversee facility efforts to comply with facility sexual abuse prevention and intervention policies and procedures. 115,13, Detainee supervision and monitorine (1) Each facility shall ensure that it maintains sufficient supervision of detainees, including through appropriate staffing levels and, where applicable, video monitoring, to protect detainees against sexual abuse. (2) Each facility shall develop and document comprehensive detainee supervision guidelines to determine and meet the facility's detainee suporvision needs, and, shall reviow those guidelines at least annually. (3) In determining adequate levels of detainee supervision and determining the need for video monitoring, the facility shall take into consideration generally accepted detention and correctional Practices, any Judicial find {tags of inadequacy, the physical layout of each facility, the composition of the detainee population, the prevalence of substantiated and unsubstantiated incidents of sexual abuse, the findings and recommendations of sexual abuse incident review reports, and any other relevant factors, including but not limited to the length of time detainees spend in agency custody, (4) Each facility shall conduct frequent unannounced security inspections to identify and deter sexual abuse of detainees. Such inspections shall be implemented for night as well as day shifts. Each facility shall prohibit staff from alerting others that these security inspections are oeour ng, unless such announcement is related to the legitimate operational functions of the facility, 11.5,15 Limits to cross - ender Viewing and searrches. (1) Searches may be necessaay to ensure the safety of officers, civilians and detainees; to detect and secure evidence of criminal activity; and to promote security, safety, and related interests at immigration detention facilities. (2) Cross - gender pat -down searches of mate detainees shall not be conducted unless, after reasonable diligence, staff of the same gender is not available at the time the pat -down search is required or in exigent circumstances. (3) Cross - gander pat -dawn searches of female dotainces shall not be conducted unloss in exigent circumstances, (4) All cross- gondor pat -down searches shall be documented. (5) Cross- gendor strip searches or cross - gentler visual body cavity searches shall not be conducted except to exigent circumstances, including consideration of officer safety, or when performed by medical practitioners. Facility staff shall not conduct visual body cavity searches of juvonilos and, instead, shall refer all such body cavity searches of juveniles to a medical practitioner, 25G -73 EROIGSA -15 -0007 ATTACHMENT 4: INCORPORATION OF ZDHS PREA STANDARDS (6) All strip searches and visual body cavity searches shall be documented. (7) Each facility shall implement policies and procedures that enable detainees to shower, perform bodily functions, and change clothing without being viewed by staff of the opposite gender, axcapt in, exigent circumstances or when such viewing is incidental to routine cell checks or is otherwise appropriate in connection with a medical examination or monitored bowel. movement, Such policies and procedures shall require staff of the opposite gender to atuiounce their presence when entering an area where detainees are likely to be showering, performing bodily functions, or changing clothing, (8) The facility shall not search or physically examine a detedrea for the sole purposes of determining the detainee's genital characteristics. If the detainee's gender is unknown, it may be determined during conversations with the detainee, by reviewing medical records, or, if necessary, learning that information as part of a standard medical examination that all detainees must undergo as part oCintako or other processing procedure conducted in private, by a medical practitioner, 115.16 Accotnmodarin detainees with t igablittlos and detainees vrho are limited Engifnh nroEruent (1) The agency and each facility shall take appropriate steps to ensure that detainees with disabilities (including, for example, detainees who are deaf or hard of hearing, those whe are blind or have Iow vision, or those who ]nave intellectual, psychiatric, or speech disabilities) have an equal Opportunity to participate in or benefit from all aspects of the agency's and facility's efforts to prevent, detect, and respond to sexual abuse, Such steps shall include, when necessary to ensuue effective communication with detainees who are deaf or hard of hearing, providing access to in- person, telephonic, or video interpretive services that enable effective, accurate, and impartial interpretation, both receptively and expressively, using any necessary specialized vocabulary. In addition, the a.genoy and facility shall ensure that any written materials related to sexual abuse are provided in formats or through methods that ensure effective communication with detainees with disabilities, including detainees who have intellectual disabilities, limited reading skills, or who arc blind or have low vision. An agency or facility is not required to take actions that it can demonstrate would result in a fundamental alteration in the nature of a service, program, or activity, or in undue Financial and administzative burdens, as those terms are used in regulations promulgated under title 11 of the Americans with Disabilities Act, 28 CPR 35.164. (2) The agency and each facility shall take steps to ensure meningfid access to all aspects of the agency's and facility's efforts to prevent, detect, and respond to sexual abuse to detainees who arc limited English proficient, including steps to provide in -person or telephonic interpretive services that enable effective, accurate, and impartial interpretation, both receptively and expressively, using any necessary specialized vocabulary, (3) In matters relating to allegations of sexual abuse, the agency and each facility shall provide in- person or telephonic interpretation services that enable effective, accurate, and impartial interpretation, by someone other than another detainee, unless the detainee expresses a preference for another detainee to provide interpretation, and the agency determines that such interpretation is appropriate and consistent with DHS policy, 'The provision of interpreter services by minors, alleged abusers, detainees who witnessed the alleged abuse, and detainees who have a significant relationship with the alleged abuser is not appropriate in matters relating to allegations of sexual abuse. 115.17 Hirhta and promotion decisions (1) An agency or facility shall not hire or promote anyone who may have contact with detainees, and shall not enlist the services of any contractor or volunteer who may have contact with detainees, who has engaged in sexual abuse in a prison, jail, holding facility, community confinement facility, juvenile facility, or other institution (as defined in 42 U.S.C, 1997); who has been 25G -74 EROIGSA -15 -0007 ATTACHMENT 4s I1ITCORPORATION OF DRS PREA STANDARDS convicted of engaging or attempting to engage in sexual activity facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse; or who has been civilly or administratively adjudicated to have engaged in such activity. (2) An agency or facility considering hiring or promoting staff shall ask all applicants who may have contact with detainees directly about previous misconduct described in paragraph (1) of this section, in written applioations or interviews for hiring or promotions and in any interviews or written self - evaluations conducted as part of reviews of current employees, Agencies and facilities shall also impose upon employees a continuing affirmative duty to disclose any such misconduct, The agency, consistent with law, shall make its best efforts to contact all prior institutional employers of an apphoant for employment, to obtain information on substantiated allegations of sexual abuse or any resignation during a pending investigation of alleged sexual abuse. (3) Before hiring new staff who may have contact with detainees, the agency or facility shall conduct a background investigation to determine wliother the candidate for hire is suitable for employment with the facility or agency, including a criminal background records check, Upon request by the agency, the facility shall submit for the agency's approval written documentation showing the detailed elements of the facility's background check for each staff member and the facility's conclusions. The agency shall conduct an updated background investigation every five years for agency employees who may have contact with detainees. The facility shall require an updated background investigation every five years for those facility staff who may have contact with detainees and who work in iniunigration. -only detention facilities, (4) The agency or facility shall also perform a background investigation before enlisting the services of any contractor who may have contact with detainees. Upon request by the agency, the Facility shall submit for the agency's approval written documentation showing the detailed elements of the facility's background check for each contractor and the facility's oenelusions. (5) Material omissions regarding such misconduct, or the provision of materially false information, shall be grounds for termination or withdrawal of an offer of employment, as appropriate. (G) In the event the agency contracts with a facility for the confinement of detainees, the requirements of this section otherwise applicable to the agency also apply to the facility and its staff. 115.18 Unerades to fuciht es and technolo¢ es, I (1) When designing or acquiring any new facility and in planning any substantial expansion or j modification of existing facilities, the facility or agency, as appropriate, shall consider the affect of the design, acquisition, expansion, or modification upon their ability to protect detainees from sexual abuse. (2) When installing or updating a video monitoring system, electronic surveillance system, or other monitoring technology in an immigration detention facility, the facility or agency, as appropriate, shall consider how such technology may enhance their ability to protect detainees from sexual. abuse. RESPONSIVC PLANNING 115.21 Evidence protocols and forensic medical o. aminations. (1) To the extent that the agency or facility is responsible for investigating allegations of sexual abuse involving detainees, it shall follow a uniform evidence protocol that maximizes the potential for obtaining usable physical ovidence for administrative proceedings and cri minal prosecutions. The protocol shall be developed in coordination with D.HS and shall be developmentally appropriate £or juveniles, where applicable. 25G -75 EROIGSA -15 -0007 ATTACHMENT 4; INCORPORATION OF DIIS PREA STANDARDS ' (2) The agency and each facility developing an evidence protocol referred to in paragraph (1) of this section, shall consider how best to utilize available community resources and services to provide valuable expertise and support in the areas of crisis intervention and counseling to most appropriately address victims' needs. Each facility shall establish procedures to make available, to the full extent possible, outside victim services following incidents of sexual abuse; the facility shall attempt to make available to the victim a victim advocate from a rape crisis center, If a rape crisis center is not available to provide victim advocate services, the agency shall provide these services by malting available a qualified staff member fllom a community -based organization, or a qualified agency staff member, A qualified agency staff member or a qualified community - bascd staff member means an individual who has received education concerning sexual assault and forensic examination issues in general. The outside or internal victim advocate shall provide emotional support, crisis intervention, information, and referrals. (3) Where evidentiarily or medically appropriate,, at no cast to the detainee, and only with the detainee's consent, the facility shall arrange for an alleged victim detainee to undergo a forensic medical examination by qualified health care personnel, including a Sexual Assault Forensic Examiner (SAFE) or Sexual Assault: Nurse Examainor (SANG) where practicable. If SAM or SANEs cannot be made available, the examination can be performed by other qualified health care Personnel, (4) As requested by a victim, the presence of his or her outside or internal victim advocate, including any available victim advocacy services offered by a hospital conducting a forensic exam, shall be allowed for support during a forensic exam and investigatory interviews. (5) To the extent that the agency is not responsible for investigating allegations of sexual abuse, the agency or the facility shall request that the investigating agency follow the requirements of paragraphs (1) through (4) of this section. 115.22 Policies to onsare investirrntioo of allegations and appropriate a encv oversight, (1) The agency shall establish an agency protocol, and shall require each facility to establish a facility protocol, to ensure that each allegation of sexual abuse is investigated by the agency or facility, or referred to an appropriate investigative authority. (2) The agency shall ensure that the agency and facility protocols required by paragraph (a) of this section, include a description of responsibilities of the agency, the facility, and any other investigating entities; and requirc the documentation and maintenance, for at least five years, of all reports and referrals of allegations of sexual abuse, (3) The agency shall post its protocols on its Web site; each facility shall also post its protocols on its Web site, if it has one, or otherwise make the protocol available to the public. (4) Each. facility protocol shall ensure that all allegations are promptly reported to the agency as described in paragraphs (5) and (6) of this section, and, unless the allegation does not involve potentially criminal behavior, are promptly referred for investigation to an appropriate law enforcement agency with the legal authority to conduct crinunal investigations. A facility may separately, and in addition to the above reports and referrals, conduct its own invostigation, (5) When a detainee, prisoner, inmate, or resident of the facility in which an alleged detainee victim is housed is alleged to be the perpetrator of detainee sexual abuse, the facility shall ensure that the incident is promptly reported to the Joint Intake Center, the ICE Office of professional Responsibility or the DHS Office of Inspector General, as well as the appropriate ICE Field Office Director, and, if it is potentially criminal, referred to an appropriate law enforcement agency having jurisdiction for investigation. (6) When a staff member, contractor, or volunteer is alleged to be the perpetrator of detainee sexual abuse, the facility shall ensure that the incident is promptly reported to the Joint Intake'Center, the ICE Offico ofProfossional Responsibility or the DHS Office of Inspector General, as well as to the appropriate ICE .Field Office Director, and to the local government entity or contractor that 25G -76 BROIGSA -15 -0007 ATTACHMENT 4: INCORPORATION OF DITS PRE, A STANDARDS owns or operates the facility, If the incident is potentially ariminal, the facility shall ensure that it is promptly referred to an ,appropriate law enforcement agency having jurisdiction for investigation. TRAINING AND EDUCATION 115,31 Staff training, (1) The agency shall train, or require the training of, all employees who may have contact with immigration detainees, and all facility staff, to be able to fulfill their responsibilities under this pert, including training on: (a) The agency's and the facility's zero- tolerance policies for all forms of sexual abuse; (b) The right of detainees and staff to be flee from sexual abuse, and from retaliation for reporting sexual abuse; (c) Definitions and examples of prohibited and illegal sexual behavior; (d) Recognition of situations where sexual abuse may occur; (e) Recognition of physical, behavioral, and emotional signs of sexual abuse, and methods of preventing and responding to such occurrences; (f) How to avoid inappropriate relationships with detainees; (g) How to communicate effectively and professionally with detainees, including lesbian, gay, bisexual, transgender, intersex, or gender nonconfortning detainees; (h) Procedures for reporting knowledge or suspioien of sexual abuse; and (i) The requirement to limit reporting of sexual abuse to personnel with a need -to -know in order to make decisions concerning the victim's welfare and for law enforcement or investigative purposes, (2) All current facility staff, and all agency employees who may have contact with immigration detention facility detainees, shall be trained within one year of May 6, 2014, and the agency or facility shall provide refresher information every two years. (3) The agency and each facility shall document that staff that may have contact with immigration facility detainees have completed the training. 115,32 Other training, (1) The facility shall ensure that all volunteers and other contractors (as definod in paragraph (4) of this section) who have contact with, detainees have been trained on their responsibilities under the agency's kind the facility's sexual abuse prevention, detection, intervention and response policies and procedures, (2) The level and type of training provided to volunteers and other contractors shall be based on the services they provide and level of contact they have with detainees, but all volunteers and ether contractors who have contact with detainees shall he notified of the agency's and the facility's zero - tolerance policies regarding sexual abuse and informed how to report such incidents. (3) Each facility shall receive and maintain written confirmation that volurrtaecs and other contractors who have contact with immigration facility detainees have completed the training. (4) In this section, the term other contractor means a person who provides services on a non- recurring basis to the facility pursuant to a contractual agreement with the agency or facility. 115.33 Detainee education (1) During the intake process, each facility 611,111 ensure that the detainee orientation program notifies and informs detainees about the agency's and the facility's zero - tolerance policies for all forms of sexual abuse and includcs (at a minimum) instruction on: 25G -77 EROIGSA -15 -0007 ATTACD,MEN'T 4: INCORPORATION OF DAS PRE' A STANDARDS (a) Prevention and intervention strategies; (b) Definitions and examples of detainee -on- detainee sexual abuse, staff -on- detainee sexual abuse and coercive sexual activity; (c) Explanation of methods for reporting sexual abuse, including to any staff member, including a staff member other than an immediate pohat -of contact line officer (e.g., the compliance manager or a mental health specialist), the DHS Office of Inspector General, and the Joint Intake Center; (d) Information about solf protection and indicators of sexual abuse; (c) Prohibition against retaliation, including an explanation that reporting sexual abuse shall nat negatively impact the detainee's immigration proceedings; and (f) The right of a detainee who has been subjected to sexual abuse to receive treatment and counseling. (2) Each facility shall provide the detainee notification, orientation, and instmotionin formats accessible to all detainees, including those who are lhxdted.English proficient, deaf, visually unpaired. or otherwise disabled, as well as to detainees who have limited reading dills. (3) The facility shall manitain documentation of detainee participation in the intal<eproms orientation. (4) Each facility shall post on all housing unit bulletin boards the following notices; (a) The DHS- prescribed sexual assault awareness notice; (b) The name of the Prevention of Sexual Abuse Compliance, Manager; and (c) The name of local organizations that can assist detainees who have been victims of sexual abuse. (5) The facility shall make available and distribute the DHS - prescribed "Sexual Assault Awareness Information" pamphlet, (6) Information about reporting sexual abuse shall be included in the agency Detainee Handbook made available to all immigration detention facility detainees. 115.34 Specialized training: Investigations, (1) In addition to the general training provided to all facility staff and employees pursuant to § 115,3 1, the agency or facility shall provide specialized training on sexual abase and effective oross- agency coordination to agency or facility investigators, respectively, who conduct investigations into allegations of sexual abuse at immigration detention facilities. All investigations into alleged sexual abuse must be conducted by qualified investigators. (2) The agency and facility must maintain written documentation verifying specialized training provided to investigators pursuant to this section. ,115.35 Specialized training: Medical and mental health eatre (1) The agency shall review and approve the facility's policy and procedures to ensure that facility medical staff is trained in procedures for examining and treating victims of sexual abuse, in facilities where medical staff may be assigned these activities, ASSESSMENT FOR RISK OF SEXUAL VICTIMIZATION AND ABUSIVENESS 115.41 Assessment for risk of victimize on and Ousiveness, (1) The facility shall assess all detainees on intake to identify those likely to be sexual aggressors or sexual abuse victims and shall house detainees to prevent sexual abuse, taking necessary stops to mitigate any such danger, Each now arrival shall be kept separate fii-om the general population until he/she is classified and may be housed accordingly. 25G -78 LROIGSA.15 -0007 ATTACHMENT 4: INCORPORATION OF DRS PREA STANDARDS (2) The initial classification process and initial housing assignment should be completed within twelve hours of admission to the facility. (3) The facility shall also consider, to the extent that the information is available, the following criteria to assess detainees for risk of sexual victimization: (a) Whether the detainee has a mental, physical, or developmental disability, (b) The age of the detainee; (c) The physical build and appearance of the detainee; (d) Whether the detainee has previously been incarcerated or detained; (e) The nature of the detainee's criminal history; (l) Whether the detainee has any convictions for sex offenses against an adult or child; (g) Whether the detainee has solf-identilled as gay, lesbian, bisexual, transgender, intersex, or gender nonoenforming; (h) Whether the detainee has self - identified as having previously experienced sexual victimization; and (i) The detainee's own concerns about big or her physical safety. (4) The initial screening shall consider prior acts of sexual abuse, prior convictions for violent offenses, and history of prior institutional violence or sexual abuse, as known to the facility, in assessing detainees for risk of being sexually abusive, (5) The facility shall reassess each detainee's risk of victimization or abusiveness between 60 and 90 days from the date of initial assessment, and at any other time when warranted based upon the receipt of additional, relevant information or following an incident of abuse or victimization. (6) ,Detainees shall not be disciplined for refusing to answer, or for not disclosing complete information in response to, questions asked pursuant to paragraphs (3)(a), (3)(g), ('3)(h), or (3)(i) of tins section. (7) The facility shall implament appropriate controls on the dissemination within the facility of responses to questions askod pursuant to this standard in order to ensure that sensitive information is not exploited to the detainee's detriment by staff or other detainees or inmates. 115.42 Vse of assessrnenl infor aCion (1) The facility shall use the information from the risk assossment under § 115,41 of this part to inform assi,gtuncu.t of detainees to housing, recreation and other aotivitles, and voluntary work. The agency shall make individualized determinations about how to ensure the safety of each — detainee. I (2) When making assessment and housing decisions for it transgonder or intersex detainee, the facility shall consider die detainee's gender self fdontfflcatioo and x assessrnenl of the effects of placement nn the detainee's health and safety. The facility shall consult a medical or moatal health professional as soon as practicable an this assessment, The facility should not base placement decisicrss of tratsgender or intersex detainees solely on the identity documents or physical anatomy of the detainee; a detainee's self identification of his /her gentler and self - assessment of safety needs shall always be taken into consideration as well. The facility's ptamment of a transgender or intersex detainee shall be consistent with the safety and security considerations of the facility, and placement and programming assignments for each transgendor or intersex detainee shall be reassessed at least twice each year to review any threats to safety experienced by the detainee. (3) When operationally .feasibte, transgender and intersex detahnees slurp be given the opportunity to shower separately from otter detainees. 115.43 P'roteotive errstodv 25G -79 EROIGSA,15,0007 ATTACHMENT 4! INCORPOIWEION OF DES PRAA STANDARDS (1) The facility shall develop and follow written procedures consistent with the standards in this subpart for each facility governing the management of its administrative segregation unit. These procedures, which should be developed in consultation with the WE Enforcemeut and Removal Operations Field Office Director havingjurlidiction for the facility, must document detailed reasons for placement of an individual in administrative segregation on the basis of a re) ncrability to sexual abuse or assault. (2) 1l80 of administrative segregation by facilities to protect detainees vednorable to sexual abuse or assault shall be restricted to those instances where reasonable efforts have) been made to provide appropriate housing and shall be made for the) least amount of time practicable, and when no other viable housing options exist, as a last resort,. The facility should assign detainees vulnerable, to sexual abuse or assault to administrative segregation for their protection until an alternative means of separation from l lcoty abusers can be arranged, and such an assignment shall not ordinarily exceed a period of 30 days, (3) Facilities that place vulnerable detainees in administrative segregation for protective custody shall provide Chose detainees access to programs, visitation, =utsol and other services available to the general population to the maximum extent practicable. (4) Facilities shall implement written procedures fur the regular review of all vulnerable detainees placed in administrative segregation for their protection, as follows: (a) A supervisory staff member shall conduct a review within 72 hours of the detainee's placement in administrative segregation to determine whether segregation is still warranted; and (b) A supervisory staff member shall conduct, at a minimum, an identical review after the detainee has spent seven days in administrative segregation, and every week thereafter for the first 30 days, and every 10 days thereafter, (5) Facilities shall notify the appropriate ICE Field Office Director no later than 72 hours after the initial placement into segregation, whenever a detainee has been placed, in administrative segregation on the basis of a vulnerability to sexual abuse or assault. REPORTING 15 51 Detairree renoe•tind. (1) The agency and each facility shall develop policies and procedures to ensure that dote) noes have multiple ways to privately report sexual abuse, retaliation for reporting sexual abuse, or staff neglect or violations of responsibilities that may have contributed to such incidents. The agency and each facility shall also provide instructions on how detainees may contact their consular official, the DHS Office of the Inspector General or, as appropriate, another designated office, to confidentially and, if desired, anonymously, report these incidents. (2) The agency shall also provide, and the facility shall inform the detainees of, at least one way for detainees to report sexual abuse to a public or private entity or office that is not part of the agency, and that is able to receive and immediately forward detainee reports of sexual abuse to agency officials, allowing the detahaee to remain anonymous upon request. (3) Facility policies and procedures shall include provisions for staff to accept reports made verbally, in writing, anonymously, and from third parties and to promptly document any verbal reports. 115,52 Grievances. (1) The facility shall permit a detainee to file a formal grievance related to sexual abuse at any time during, after, or in lieu of lodging an informal grievance or complaint, (2) The facility shall not impose a time limit on when a dctaiaee may submit a grievance regarding an allegation of sexual abuse. 25G -80 EROIGSA- 15.0007 ATTACHMENT 4: INCORPORATION OF DIIS PRE, A STANDARDS (3) The facility shall implement written procedures for identifying and handling time- sensitive grievances that involve an Immediate threat to detainee 11011th, safety, or welfare related to sexual abuse, (4) Facility staff shall bring medical emergencies to Clio immediate attention of proper medical personnel for further assessment. (5) The facility shall issue a derision on the grievance within five days of receipt and shall respond to an appeal of the grievance decision within 30 days, Facilities shall send all grievances related to sexual abuse and the facility's decisions with respect to such grievances to the appropriate ICE Field Office Director at the and of the grievance process. (6) To prepare a grievance, a detainee may obtain assistance from another detainee, the housing officer or other facility staff, family members, or legal representatives. Staff shall take reasonable steps to expedite requests for assistance from these other parties, 115.53 Detalnee access to outside contldential snuuort,services (1) Each facility shall utilize available commnity resources and services to provide valuable expertise and support in the areas of crisis intervention, counseling, investigation and the prosecution of sexual abuse perpetrators to most appropriately address victims' needs, The facility shall maintain or attempt to enter into memoranda of understanding or other agreements with community service providers or, if local providers are not available, with national organizations that provide legal advocacy and confidential 0410tional support services for immigrant victims of crime. (2) Each facility's written policies shall establish procedures to include outside agencies in the facility's sexual abuse prevention and intervention protocols, if such resources are available, (3) Each facility shall make available to detainees information about local organizations that can assist detainees who have, been victims of sexual abuse, n cludhzg mailing addresses and telephone numbers (including toil -free hotline numbers where available). If no such local organizations exist, the facility shall make available, the same information about national organizations. The Facility shall enable reasonable communication between detainees and these organizations and agencies, in as confidential a manner as possible, (4) Each facility shall inform detainees prior to giving them access to outside resources, of the extent to which such connnunications will be monitored and the extent to which reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws. 115.34 Third -party weuortin (1) Each facility shall establish a method to receive third -party reports of sexual abuse in its immigration detention facilities and shall make available to the public information on how to report sexual abuse on behalf of a detainee, OFFICIAL RESPONSE FOLLOWING A DETAINEE REPORT 115.61 .,,Staff renortlna dntics (1.) The agency and each facility shall require all staff to report immediately tuzd according to agency Policy any knowledge, suspicion, or information regarding an incident of sexual abuse that occurred in a facility; retaliation against detainees or staff who reported or participated in an nvastigatlon about stitch an incident; and any staff neglect or violation of responsibilities that may have contributed to an incident or retaliation. The agency shall review and approve facility Policies and procedures and shall ensure that Cho facility specifies appropriate reporting procedures, Including a method by which staff can report outside of the chain of command, (2) Staff members who become aware of alleged sexual abuse shall Immediately follow the reporting 10 25G -81 ERCIGSA- 15.0007 ATTACHMENT 4: INCORPORAUON OF DIIS PRE' A STANDARDS requiremeWs set forth in the agency's and facility's written policies and procedures. (3) Apart from such reporting, staff shall not reveal any information related to a sexual abuse report to anyone other than to the extent necessit author Cher victim zation of other detainees o y to help protect the safety of the victim or prevent r staff in the facility, or to mako medical treatment, investigation, law enforcement, or other security and management decisions, 135.62 Protection duties (1) Tf an agency employee or facility staff member has a reasonable belief that a detainee is subject to a substantial risk of imminent sexual abuse, he or she shall take immediate action to protect the detainee. 115.63 Reporting to other confinement Facilities (1) Upon receiving an allegation that a detainee was sexually abused while confined at another facility, the agency or facility whose staff received the allegation shall notify the ICE Field Office and the administrator of the facility where the alleged abuse occurred, (2) The notification provided in paragraph (1) of this section shall be provided as soon as possible, but no later than 72 hours after receiving the allegation. (3) The agency or Facility shall document that it has provided such notification (4) The agency or facility office that receives such notification, to the extent the facility is covered by this subpart, shall ensure that the allegation is referred for investigation in accordance with these standards and reported to the appropriate ICE Field Office Director, 115.64 Responder duties. (1) Upon learning of an allegation that a detainee was sexually abused, the first security staff member to respond to the report, or his or her supervisor, shall be required to: (a) Separate the alleged victim and abuser; (b) Preserve and protect, to the greatest extent possible, any crime scene until appropriate steps can be taken to collect any evidence; (c) If the abuse occurred within a, time period that still allows for the collection of physical evidence, request the alleged victim not to take any actions that could destroy physical evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smolc ng, drinking, or eating; and (d) If the sexual abuse Occurred within a time period that still allows for the collection of physical evidence, ensure that the alleged, abuser does not take any actions that could destroy physical evidence, hicluding, as appropriate, washing, brushing tooth, changing clothes, urinating, defecating, smoking, drinking, or eating. (2) If the first staff responder is not a security staff member, the responder shall be required to request that the alleged victim not take any actions that could destroy physical evidence and then notify security staff, 115.65 Coordinated response (1) Each facility shall develop a written institutional plan to coordinate actions taken by staff first responders, medical and mental health practitioners, investigators, and facility leadership in response to art incident of sexual abuse, (2) Each facility shall use a coordinated, mulddiseiplinaI y team, approach to responding to sexual abuse. (3) If a victim of sexual abuse is transferred between DRS immigration detention facilities, the sending facility shall, as permitted by law, inform the receiving facility of the incident and the 11 25G -82 EPOIGSA -15 -0007 ATTACHMENT 4: INCORPORATION OF DES PREA STANDARDS victim's potential need for medical or social services. (4) If a victim is transferred between DRS immigration detention facilities or to a non -DHS facility, the sending facility shall, as pQrjadtted by law, inform the receiving facility of the incident and the victim's potential need for medical or social services, unless the victim requests Otherwise, 115.$6 Protection of detainees from contact with alleged abusers. (1) Staff, contractors, and volunteers suspected of perpetrating sexual abuse shall, be removed from all duties requiring detainee contact pending the outcome of an investigation. 115 67 Agenev Protection against retaliation. (1) Staff, contractors, and volunteers, and immigration detention facihty detainees, shall not retaliate against any person, including a detainee, who reports, complains about, or participates in an investigation into an allegation of sexual abuse, or for participating in sexual activity as a result of force, coercion, threats, or fear of force, (2) For at least 90 days following a report of sexual abuse, the agency and facility shall monitor to see if there are facts that may suggest possible retaliation by detainees or staff, and shall act promptly to remedy any such retaliation. 115.68 Past - allegation nrotective custody (1) The facility shall talce care to place detainee victims of sexual abuse in a supportive cnvironrnent that represents the least restrictive housing option possible (e.g., protective custody), subject to the requirements of § 115,43. (2) Detainee victims ,shall not be hold for longer than five days in any type of administrative segregation,, except in highly unusual circumstances ar at the request of the detainee, (3) A detainee victim who is in protective custody after having been subjected to sexual abuse shall not be returned to the general population until completion of a proper re- assessment, taking into consideration any increased vulnerability of the detainee as a result of the sexual abuse, (4) Facilities shall notify the appropriate ICE Field Office Director whenever a detainee victim has been held in administrative segregation for 72 hours, INVESUCYATIONS 115.71 Criminal and adrrainisirative investi atlons. (1) If the facility has responsihility for investigating allegations of sexual abuse, all investigations into alleged sexual abuse must be prompt, thorough, objective, and conducted by specially trained, qualified investigators. (2) Upon conclusion of a criminal 'investigation where. the allegation was substantiated, an administrative investigation shall be conducted. Upon conclusion of a criminal investigation Where the allegation was unsubstantiated, the facility shall review any available completed crin final investigation reports to determine whether an administrative investigation is neccssary or appropriate, Administrative investigations shall be conducted after consultation with the appropriate investigative office within DHS, and the assigned criminal investigative entity. (3) (a) The facility shall dovelop written procedures for aclrahiistrative investigations, including provisions .requiring: i, Preservation of direct and circumstantial evidence, including any available physical and DNA evidence and any available electronic monitoring data; ii, (ii) Interviewing alleged victims, suspected perpetrators, and witnesses; 12 25G -83 HROIGSA -15 -0007 ATTACHMENT 4: IINCOR,PORATION OF MIS PREA STANDARDS ii. (iii) Reviewing prior complaints and reports of sexual abuse involving the suspected j perpetrator; iv. (iv) Assessment of the credibility of an alleged victim, suspect, or witness, without regard to the individual's status as detainee, staff, or employee, and without requiring any detainee who alleges sexual abuse to submit to a of p vgr'aph; V, (v) An effortt to determine, whether actions or failures to sot at the facility contributed to the abuse; and vi. (vi) .Documentation of each investigation by written report, which shall include a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings; and vii. (vii.) Retention of such reports for as long as the alleged, abuser is detained or employed by the agency or facility, plus five years. (b) Such procedures shall govern the coordination and sequencing of the two types of investigations, in accordance with paragraph (2) of this section, to ensure that the criminal investigation is not compromised by an internal administrative investigation. (4) The agency shall review and approve the facility policy and procedures for coordination and conduct of internal administrative investigations with the assigned criminal investigative entity to ensure non- interferonee with criminal investigations. (5) The departure of the alleged, abuser or victim from the employment or control of the facility or agency shall not provide a basis for terminating an investigation, (6) When outside agencies investigate sexual abuse, the facility shall cooperate with outside investigators and shall endeavor to remain in£oruned about the progress of the investigation, DISCIPLINri ] 1S 76 Disciplinary sanctions for Staff (1) Staff shall be subject to disciplinary or adverse action up to and including removal from their position and the, Federal service for substantiated allegations of sexual abuse or for violating agenoy or facility sexual abuse policies. (2) The agency shall review and approve facility policies and procedures regarding disciplinary or adverse actions for staff and shall ensure that the facility policy and procedures specify disciplinary or adverse actions for staff, up to and including removal from their position and from the Federal service for staff, when there is a substantiated allegation of sexual abuse, or when there has been a violation of agency sexual abuse rules, policies, or standards. Removal from theirposition and from the Federal servioe is the' presumptive disciplinary sanction for staff who have engaged in or attempted oz threatened to engage in sexual abuse, as defined order the definition of sexual abuse of a detainee by a staff member, contractor, or volunteer, paragraphs (a) - (d) and (g) - (h) of the definition of "sexual abuse of a detainee by a staff member, contractor, or volunteer" in § 115,6. (3) Bach facility shall report ail removals or resignations in lieu of removal for violations of agency or facility sexual abuse policies to appropriate law enforcement agencies, unless the activity was clearly not crirrdnal. (4) Each facility shall make reasonable efforts to report removals or resignations hr Iieu of removal for violations of agency or facility sexual abuse policies to any roievant licensing bodies, to the extent latown. 115,77 Corrective action for contractors and volunteers (1) Any contractor or volunteer who has engaged in sexual abuse shall be prohibited from contact with detainees. Each facility shall make reasonable efforts to report to any relevant licensing 13 25G -84 EROIGSA -15 -0007 ATTACHMENT 4: INCORPORATION OF DRS PREA STANDARDS body, to the extent known, incidents of substantiated sexual abuse by a contractor or volunteer, Such incidents shall also be reported to law enforcement agencies, unless the activity was clearly not criminal, (2) Contractors and vohcnteers suspected of perpetrating sexual abuse shall be removed from all duties requiring detainee contact pending the outcome of an investigation. (3) The facility shall take appropriate remedial measures, and shall consider whether to prohibit further contact with detainees by contractors or volunteers who have not engaged in sexual abuse, but have violated other provisions within these standards. 115,78 Discig inary sanctions for detainees. (1) Each facility shall subject a detainee to disciplinary sanctions pursuant to a formal disciplinary Process following an administrative or criminal finding that the detainee engaged in sexual abuse, (2) At all steps in the disciplinary process provided in paragraph (1), any sanctions imposed shall be commensurate with the severity of the committed prohibited act and intended to encourage the detainee to conform with rates and regulations in the future, (3) Each facility holding detainees in custody shall have a detainee disciplinary system with progressive levels of reviews, appeals, procedures, and documentation procedure, (4) The disciplinary process shall consider whether a detainee's mental disabilities ar mental illness contributed to his or her behavior when determining what type of sanction, if any, should be imposed. (5) The facility shall not discipline a detainee for sexual contact with staff unless there is a finding that the staff member did not consent to such contact. (6) For the purpose of disciplinary action, a report of sexual abuse made in good faith based upon a reasonable belief that the alleged conduct occurred shall not constitute falsely reporting an incident or lying, even if an investigation does not establish evidence sufficient to substantiate the allegation. METITCAL AND MENTAL CARE 115.81 lVladical and mental health arse sments• histor of sexual hose (1) If the assessment pursuant to § 115,4t indicates that a detainee has experienced prior sexual victimization or perpetrated sexual abuse, staff shall, as appropriate, ensure that the detainee is immerllately referred to a qualified medical or mental health practitioner for medical and/or mental health follow -up as appropriate, (2) When a referral for medical follow -up is initiated, the detainee shall receive a health evaluation no later than two worldng days from the date of assessment, (3) When a referral for mental health follow -up is initiated, the detainee shall receive a mental health evaluation no later than 72 hours after the referral. 115.82 AccW to emenleacy medical and mental health services. (1) Detainee victims of sexual abuse shall have timely, unimpeded access to emergeneyniedical treatment and. crisis intervention services, including emergency contraception and sexually transmitted infections prophylaxis, in accordance with professionally accepted standards of care. (2) Emergency medical treatment services provided to the victim shall be without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident. 115.83 OnaoiU medical and mentpl,health,care for sexual abuse victims rind abusers 14 25G -85 EROIGSA 15.0007 ATTACHMENT 4; INCORPORATION OF DIIS PREA STANDARDS (1) Each facility shall offer medical and mental health evaluation and, as appropriate, treatment to all detainees who have been victimized by sexual abuse while in immigration detention, (2) The evaluation and treatment of such victims shall include, as appropriate, follow -up services, treatment plans, and, when necessary, reform is for continued care fallowing their transfer to, or placement in, other facilities, or their release from custody, (3) The facility shall provide such victims with medical and mental health services consistent with the cormmin ty lovel of care. (4) Detainee victims of sexually abusive vaginal penetration by a male abuser while incarcerated shall be offered pregnancy tests. If pregnancy results fiem an instance of sexual abuse, the, victim shall receive timely and comprehensive information about lawful pregnancy-related medical services and timely access to all lawful pregnancy - related medical services. (5) Detainee victims of sexual abuse white detained shall be offered tests for sexually transmitted Infections as medically appropriate. (6) Treatment services shall be provided to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising out of the incident. (7) The facility shall attempt to conduct a mental health evaluation of all Iarown detainee -on- detainee abusers within 60 days of learning of such abuse history and offer treatment when deemed, appropriate by mental health practitioners. DATA COLLECTION AND REVIEW 775,86 Sexual abrtselncident "v_ies (1) Each facility shall conduct a sexual abuse incident review at the conclusion of every investigation of sexual abuse and, where the allegation was not determined to be unfounded, prepare a written report within 30 days of the conclusion of the investigation recommending whether the allegation or investigation indicates that a change in policy or practice could better prevent, [ eteet, or respond to sexual abuse, The facility shall implement the recommendations for improvement, or shall document its reasons for not doing so in a written response. Both the report and response shall be forwarded to tha Field Office Director, for transmission to the ICE PSA Coordinator, (2) The review team shall consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived status; or gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility. (3) Each facility shall conduct an amnual review of all sexual abuse investigations and resulting incident reviews to assess and improve sexual abuse intervention, prevention and response efforts, If the facility has not had any reports of sexual abuse during the annual reporting period, then the facility shall prepare a negative report. The results and findings of the annual review shall be provided to the facility adnj naWiator and Field Office Director or his or her designee, who shall transmit it to the ICE PSA Coordinator, 115,87 Data collection (1) Each facility shall maintain in a secure area all case records associated with claims of sexual abuse, inolucling incident reports, investigative reports, offender information, case disposition, medical and cormso(ing evaluation findings, and recommendations for post - release treatment, if necessary, and /or counseling in. accordance with these standards and applicable agency policies, and in accordance with established schedules, 15 25G -86 BROIGSA- 13.0007 A'YTACIIMENT 4: INCORPORATION OF DIPS PREA STANDARDS (2) On an ongoing basis, the PSA Coordinator $hall work with relevant facility PSA Complianoe Managers and DDS entities to share data regarding effective agency response methods to sexual abuse, AUDITS AND COMPLIANCE 115,93 Audits of standards (1) The agency may require an expedited audit if the agency has reason to believe that a particular facility may be axperiencingproblems rclating to sexual abuse. The agency may also include refeiTals to xesourees that may assist the facility with PREA- rotated issues. ADDITIONAL PROVISIONS IN AGENCY POLICIES 1 .95 Additional rovision in a c+ne ollcees. (1) The regulations in this subpart A establish minimum requirements for agencies and facilities, Agency and facility policies Way include additional requirements, 16 25G -87 i i-- i Attachment 5 25G -88 EROIGSA-15 -0007 ATTACHMENTS, STAFFING PLAN City of ids RM e II yzny ` .� w w anwas, K Full -Time or Part-time Number of positions Personnel for Santa Ana tail 11all Administrator FT 1 Administrative Manager FT 0 5 tional Supervisor FT g tional Officer o FT S1 ty electronics Tech FT 1 ce Assistant FT 0,5 orrectional Records Specialist FT 4 Sr. Correctional Records Specialist FT g Correctional Records Specialist FT 2 Police Cadet PT 1 Police Records Cleric II PT 1 Senior Clerical Aide PT 1 Sr, Correctional Records Specialist TT 1 Stores Aide PT 1 Total numbaraf 5AJ Staff 113 Nate: 49,16 staff would be required to supervise ADP Of 200 ICE Detainees based on shared App of 460110E200 Bed !„'punt= 43.5% Note: At 460ADP 2n010Eotal stij inn would be = to: 7 FTE ar medical personnel. 25G -89 � sp Y itfw Mm .. Ha Health Services Administrator RN 1 Administrative Assistant 1 Medioal Direotor /Physiclan (Cn-cat 2417 01 NP /PA 1 RN - Charge 1.4 LVN 14 LVN 14 Ps chiatrist 02 SW/Psych RN 14 Dentist 0,1 Dental Assistant 0.1 RN - Charge 1.4 LVN - Med Pass 1.4 LVN - Med Pass 14 RN - Char e 1.4 LVN - Med Pass 9 4 Total number of SAJ Medical Staff 16.1 Note: At 460ADP 2n010Eotal stij inn would be = to: 7 FTE ar medical personnel. 25G -89 25G -90