alamance county jail (north carolina) intergovernmental service agreement (igsa) with ice

8/14/2019 Alamance County Jail (North Carolina) Intergovernmental Service Agreement (IGSA) with ICE

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INTER-GOVERNMENTAL SERVICE AGREEMENTBETWEEN THE

UNITED STATES DEPARTMENT OF HOMElAND SECURITYU.S. IMMIGRATION AND CUSTOMS ENFORCEMENT

DEPARTMENT OF HOMElAND SECURITYAND

AlAMANCE COUNTY

This Inter-Governmental Service Agreement ("Agreement") is entered into between United StatesDepartment of Homeland Security Immigration and Customs Enforcement ("ICE"), and Alamance County("Service Provider") for the detention and care of aliens ("detainees"). The term "Parties" is used in thisAgreement 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):Alamance County Jail109 South Maple StreetGraham, NC 27253

Article 1. PurposeA. Purpose: The purpose of this Intergovernmental Service Agreement (IOSA) is to establish an

Agreement between ICE and the Service Provider for the detention, and care of persons detainedunder the authority of Immigration and NationalityAct, as amended. All persons in the custody ofICE are "Administrative Detainees". This term recognizes that ICE detainees are not charged withcriminal violations and are only held in custody to assure thei r presence throughout theadministrative hearing process and to assure their presence for removal from the United Statespursuant to a lawful final order by the Immigration Court, the Board of Immigration Appeals o rother Federal judicial body.

B. Responsibilities: This Agreement sets forth the responsibilities of ICE and the Service Provider.The Agreement states the services the Service Provider shall perform satisfactorily to receivepayment from ICE at the rate prescribed in Article I, C.

C. Guidance: This is a fixed interim rate agreement, not a cost reimbursable agreement, with respectto the detainee day rate. The detainee day rate is $61.00. ICE shall be responsible for reviewingand approving the costs associated with this Agreement and subsequent modifications utilizing allapplicable federal procurement laws, regulations and standards in arriving at the detainee day rate.

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Article II. General

A. Funding: The obligation ofICE to make payments to the Service Provider is contingent upon theavailability of Federal funds. ICE will neither present detainees to the Service Provider nor directperformance of any other services until ICE has the appropriate funding. Orders will be placedunder this Agreement when specific requirements have been identified and funding o b t a i n ~ d . Performance under this Agreement is no t authorized until the Contracting Officer issues an order,in writing. The effective date of the Agreement will be negotiated and specified in a delivery orderto this Agreement that is supported by the ICE Contracting Officer. This Agreement is neitherbinding nor effective unless signed by the ICE Contracting Officer. Payments at the approved ratewill be paid upon the return of the signed Agreement by the authorized Local Government officialto ICE.

B. Subcontractors: Th e Service Provider shall notify and obtain approval from the ICE ContractingOfficer's Technical Representative (COTR) or designated ICE official if it intends to house ICEdetainees in a facility other than the Alamance County Jail. If either that facility, or any futurefacility is operated by an entity other than the Service Provider, ICE shall treat the entity as asubcontractor to the Service Provider. The Service Provider shall obtain the Contracting Officer'sapproval before subcontracting the detention and care of detainees to another entity. TheContracting Officer has the right to deny, withhold, or withdraw approval of the proposedsubcontractor. Upon approval by the Contracting Officer, the Service Provider shall ensure thatany subcontract includes all provisions of this Agreement, and shall provide ICE with copies of allsubcontracts. All payments will be made to the Service Provider. ICE will not accept invoicesfrom, or make payments to a subcontractor. .

C. Consistent with Law: This is a firm fixed rate agreement, no t cost reimbursable agreement. ThisAgreement is permitted under applicable statutes, regulation, policies or judicial mandates. Anyprovision of this Agreement contrary to applicable statutes, regulation, policies or judicial mandatesis null and void and shall no t necessarily affect the balance of the Agreement.

Article III. Covered ServicesA. Bedspace: The Service Provider shall make accessible up to two hundred (200) male/female beds

on a space available basis. The Service Provider shall house all detainees as determined within theService Provider's classification system. ICE will be financially liable only for the actual detaineedays as defined in Paragraph C of Article III.

B. Basic Needs: The Service Provider shall provide ICE detainees with safekeeping, housing,subsistence, medical and other services in accordance with this Agreement. In providing theseservices, the Service Provider shall ensure compliance with all applicable laws, regulations, fire andsafety codes, policies and procedures. If the Service Provider determines that ICE has delivered aperson for custody who is under the age of eighteen (18), the Service Provider shall not house thatperson with adult detainees and shall immediately notify the ICE COTR or designated ICE official.The types and levels of services shall be consistent with those the Service Provider routinely affordsother inmates.

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C. Unit of SeLVice and Financial Liability: The unit of seLVice is called a "detainee day" and is definedas one person per day. The detainee day begins on the date of arrival. The SeLVice Provider maybill ICE for the date of arrival but not the date of departure. The SeLVice Provider shall not chargefor costs, which are no t directly related to the housing and detention of detainees. Such costsinclude bu t are no t limited to:

1) Salaries of elected officials2) Salaries of employees not directly engaged in the housing and detent ion ofdetainees3) Indirect costs in which a percentage of all local government costs are pro-rated and

applied to individual departments unless, those cost are allocated under an approvedCost Allocation Plan

4) Detainee seLVices which are no t provided to, or cannot be used by Federal detainees5) Operating costs of facilities not utilized by Federal detainees6) Interest on borrowing (however represented), bond discounts, costs of

financing/refinancing, 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 SeLVices: The SeLVice Provider shall make special provisions for non-English speaking,handicapped or illiterate detainees. ICE will reimburse the SeLVice Provider for the actual costsassociated with providing commercial written or telephone language interpretive seLVices. Uponrequest, ICE will assist the SeLVice Provider in obtaining translation seLVices. The SeLVice Providershall provide all instructions verbally either in English or the detainees' language, as appropriate, todetainees who cannot read. The SeLVice Provider shall include the actual costs that the SeLViceProvider paid for such seLVices on its monthly invoice. Except in emergency situations, the SeLViceProvider shall no t use detainees for translation seLVices. If the SeLVice Provider uses a detainee fortranslation seLVice, it shall notify ICE within twenty-four (24) hours of the translation seLVice.

E. Escort and Transportation SeLVices: The SeLVice Provider will provide, upon request and asscheduled by ICE, necessary escort and transportation seLVices for ICE detainees to and fromdesignated locations. Escort seLVices will be required for escorting detainees to court hearings;escorting witnesses to the courtroom and staged with the ICE Judge during administrativeproceedings. Transportation SeLVices shall be performed by at least two (2) qualified sworn lawenforcement or correctional officer personnel employed by the SeLVice Provider under theirpolicies, procedures and authorities. See Article XVI.

Article IV. Receiving and Discharging DetaineesA. Required Activity: The SeLVice Provider shall receive and discharge detainees only to and from

properly identified ICE personnel or other properly identified Federal law enforcement officialswith prior authorization from DHS/ICE. Presentation of U.S. Government identification shallconstitute "proper identification." The SeLVice Provider shall furnish receiving and dischargingseLVices twenty-four (24) hours per day, seven (7) days per week. ICE shall furnish the SeLViceProvider with reasonable notice of receiving and discharging detainees. The SeLVice Provider shallensure positive identificat ion and recording of detainees and ICE officers. The SeLVice Provider

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shall no t permit medical or emergency discharges except through coordination with on-duty ICEofficers.

B. Emergency Situations: ICE detainees shall not be released from the facility into the custody ofother Federal, state, or local officials for any reason, except for medical or emergency situations,without express authorization of ICE.

C. Restricted Release of Detainees: The Service Provider shall not release ICE detainees from itsphysical custody to any persons other than those described in Paragraph A of Article IV for anyreason, except fOT either medical, other emergency situations, or in response to a federal writ ofhabeas corpus. If an ICE detainee is sought for federal, state, or local proceedings, only ICE mayauthorize release of the detainee for such purposes. The Service Provider shall contact the ICECOTR or designated ICE official immediately regarding any such requests.

D. Service Provider Right of Refusal: TheService Provider retains the right to refuse acceptance orrequest removal of any detainee exhibiting violent or disruptive behavior, or of any detainee foundto have a medical condition that requires medical care beyond the scope of the Service Provider'shealth care provider. In the case of a detainee already in custody, the Service Provider shall notifyICE and request such removal of the detainee from the Facility. The Service Provider shall allowICE reasonable time to make alternative arrangements for the detainee.

E. Emergency Evacuation: In the event of an emergency requiring evacuation of the Facility, theService Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, asit employs for persons detained under the Service Provider's authority. The Service Provider shallnotify the ICE COTR or designated ICE official within two (2) hours of evacuation.

Article V. DRS/ICE Detention StandardsSATISFACTORY PERFORMANCE:The Service Provider is required to house detainees and perform related detention services inaccordance with the most current edition ofICE National Detention Standards(http://v.'Vv'Vl'.ice.gov/partners/dro/opsmanuaVindex.htm). ICE Inspectors will conduct periodicinspections of the facility to assure compliance with the ICE National Detention Standards.

Article VI. Medical ServicesA. Auspices of Health Authority: The Service Provider shall provide ICE detainees with on-site health

care services under the control of a local government designated Health Authority. The ServiceProvider shall ensure equipment, supplies, and materials, as required by the Health Authority, arefurnished to deliver health care on-site.

B. Level of Professionalism: The Service Provider shall ensure that all health care service providersutilized for ICE detainees hold current licenses, certifications, and/or registrations with the Stateand/or City where they are practicing. The Service Provider shall retain a registered nurse toprovide health care and sick call coverage unless expressly stated otherwise in this Agreement. In

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the absence of a health care professional, non-health care personnel may refer detainees to healthcare resources based upon protocols developed by United States Public Heal th Service (US PHS)Division of Immigrat ion Health Services (DIHS).

C. Access to Health Care: The Service Provider shall ensure that on-site medical and health carecoverage as defined below is available for all ICE detainees at the facility for at least eight (8) hoursper day, seven (7) days per week. The Service Provider shall ensure that its employees solicit eachdetainee for health complaints and deliver the complaints in writing to the medical and health carestaff. The Service Provider shall furnish the detainees instructions in his or her native language forgaining access to heal th care services as prescribed in Article Ill, Paragraph D.

D. On-Site Health Care: The Service Provider shall furnish on-site health care under this Agreement.The Service Provider shall no t charge any ICE detainee an additional fee or Co-payment formedical services or treatment provided at the Service Provider's facility. The Service Providershall ensure that ICE detainees receive no lower level of on-site medical care and services thanthose it provides to local inmates. On-site health care services shall include arrival screening withintwenty-four (24) hours of arrival at the Facility, sick call coverage, provision of over-the-countermedications, treatment of minor injuries (e.g. lacerations, sprains, and contusions), treatment ofspecial needs and mental health assessments. Detainees with chronic condit ions shall receiveprescribed treatment and follow-up care.

E. Arrival Screening: Arrival screening shall include at a minimum TB symptom screening, plantingof the Tuberculin Skin Test (PPD), and recording the history of past and present illnesses (mentaland physical). The health care service provider or trained health care personnel may perform thearrival screening.

F. Acceptance of Detainees with Extreme Health Conditions: If the Service Provider determines thatan ICE detainee has a medical condition which renders that person unacceptable for detentionunder this Agreement, (for example, contagious disease, condition needing life support,uncontrollable violence), the Service Provider shall notify the ICE COTR or the designated ICEofficiaL Upon such notification the Service Provider shall allow ICE reasonable time to make theproper arrangements for further disposition of that detainee.

O. DIHS Pre-Approval for Non-Emergency Off-Site Care: The Service Provider shall obtain DIHSapproval for any non-emergency, off-site healthcare for any detainee. DIHS acts as the agent andfinal health authority for ICE on all off-site detainee medical and health related matters. Therelationship of the DIHS to the detainee equals that of physician to patient. The Service Providershall release any and all medical information for ICE detainees to the DIHS representatives uponrequest. The Service Provider shall solicit DIHS approval before proceeding with non-emergency,off-site medical care (e.g. off site lab testing, eyeglasses, cosmetic dental prosthetics, dental care forcosmetic purposes). The Service Provider shall submit supporting documentation for non-routine,off-site medical health services to DIHS. For medical care provided outside the facility, DIHS maydetermine that an alternative medical provider or institution is more c o s t - e f f e c t i v e ~ or more aptlymeets the needs of ICE and the detainee. ICE may refuse to reimburse the Service Provider fornon-emergency medical costs incurred that were no t pre-approved by the DIHS. The ServiceProvider shall send all requests for pre-approval for non-emergent off-site care to:

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Phone: (888) 718-8947FAX: (866) 475-9349Via website: www.inshealth.org

The Service Provider is to notify all medical providers approved to furnish off-site health care ofdetainees to submit their bills in accordance with instructions provided to:

United States Public Health ServicesDivision of Immigration Health Services1220 L Street, NW PMB 468Washington, DC 20005-4018(Phone): (888)-718-8947(FAX): (866)-475-9349Via website: www.inshealth.org

H. Emergency Medical Care: The Service Provider shall furnish twenty-four (24) hour emergencymedical care and emergency evacuation procedures. In an emergency, the Service Provider shallobtain the medical treatment required to preserve the detainee's health. The Service Provider shallhave access to an off-site emergency medical provider at all times. The Health Authority of theService Provider shall notify the DIHS Managed Care Coordinator by calling the telephonenumber listed in paragraph G above as soon as possible, and in no case more than seventy-two (72)hours after detainee receipt of such care. The Health Authority will obtain pre-authorization fromthe DIHS Managed Care Coordinator for service(s) beyond the initial emergency situation.

1. Off-Site Guards: The Service Provider shall provide guards at all times detainees are admitted to anoutside medical facility.

J. DIHS Visits: The Service Provider shall allow DIHS Managed Care Coordinators reasonable accessto its facility for the purpose of liaison activities with the Health Authority and associated ServiceProvider departments.

Article VII. No Employment of Unauthorized AliensSubject to existing laws, regulations, Executive Orders, and addenda to this Agreement, the ServiceProvider shall not employ aliens unauthorized to work in the United States. Except for maintainingpersonal living areas, ICE detainees shall not be required to perform manual labor.

Article VIII. Period of PerformanceA. This Agreement shall become 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 indefinitelyunless terminated in writing, by either party. Either party must provide written notice of intentionsto terminate the agreement, sixty (60) days in advance of the effective date of formal termination,or the Parties may agree to a shorter period under the procedures prescribed in Article X.

B. Basis for Price Adjustment: A firm fixed price with economic adjustment provides for upward and6


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downward revision of the stated Per Diem based upon cost indexes of labor and operatingexpenses, or based upon the Service Provider's actual cost experience in providing the service.

Article IX. InspectionA. Iail Agreement Inspection Report: The Jail Agreement Inspection Report stipulates minimum

requirements for fire/safety code compliance, supervision, segregation, sleeping utensils, meals,medical care, confidential communication, telephone access, legal counsel, legal library, visitation,and recreation. The Service Provider shall allow ICE to conduct inspections of the facility, asrequired, to ensure an acceptable level of services and acceptable conditions of confinement asdetermined by ICE. No notice to the Service Provider is required prior to an inspection. ICE willconduct such inspections in accordance with the Jail Agreement Inspection Report. ICE will sharefindings of the inspection with the Service Provider's facility administrator. The Inspection Reportwill state any improvements to facility operation, conditions of confinement, and level of servicethat will be required by the Service Provider.

B. Possible Termination: If the Service Provider fails to remedy deficient service identified through anICE inspection, ICE may terminate this Agreement without regard to the provisions of ArticlesVIII and X.

C. Share Findings: The Service Provider shall provide ICE copies of facility inspections, reviews,examinations, and surveys performed by accreditation sources.

D. Access to Detainee Records: The Service Provider shall, upon request, grant ICE access to anyrecord in its possession, regardless of whether the Service Provider created the record, concerningany detainee held pursuant to this Agreement. This right of access shall include, but is no t limitedto, inciden t reports, records relating to suicide attempts, and behavioral assessments and otherrecords relating to the detainee's behavior while in the Service Provider's custody. Furthermore, theService Provider shall retain all records where this right of access applies for a period of two (2)years from the date of the detainee's discharge from the Service Provider's custody.

Article X. Modifications and DisputesA. 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 bysubmitting a written request to the other Party. A modification will become a part of thisAgreement only after the ICE Contracting Officer and the authorized signatory of the ServiceProvider have approved the modification in writing.

B. Disputes: The ICE Contracting Officer and the authorized signatory of the Service Provider willsettle disputes, questions and concerns arising from this Agreement. Settlement of disputes shallbe memorialized in a written modification between the ICE Contracting Officer and authorizedsignatory of the Service Provider. In the event a dispute is no t able to be resolved between theService Provider and the ICE Contracting Officer, the ICE Contracting Officer will make the finaldecision. If the Service Provider does no t agree with the final decision, the matter may be appealedto the ICE Head of the Contracting Activity (HCA) for resolution. The ICE HC A may employ all

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methods available to resolve the dispute including alternative dispute resolution techniques. TheService Provider shall proceed diligently with performance of this Agreement pending finalresolution of any dispute.

Article XI. Adjusting the Detainee Day RateICE shall reimburse the Service Provider at the fixed detainee day rate shown on the cover page of thedocument, Article 1. (C). The Parties may adjust the rate thirty-six (36) months after the effective dateof the agreement and every twelve (12) months thereafter. The Parties shall base the cost portion of therate adjustment on the principles of allowability and allocability as set forth in OMB Circular A-87,federal procurement laws, regulations, and standards in arriving at the detainee day rate. The requestfor adjustment shall be submitted on an ICE Jail Services Cost Statement. If ICE does not receive anofficial request for a detainee day rate adjustment that is supported by an ICE Jail Services CostStatement, the fixed detainee day rate as stated in this Agreement will be in place indefinitely. SeeArticle XA.ICE reserves the right to audit the actual and/or prospective costs upon which the rate adjustment isbased. All rate adjustments are prospective. As this a fixed rate agreement, there are no retroactiveadjustment(s).

Article XII. Enrollment, Invoicing, and PaymentA. Enrollment in Electronic Funds Transfer: The Service Provider shall provide ICE with the

information needed to make payments by electronic funds transfer (EFT). Since January 1, 1999,ICE makes all payments only by EFT. The Service Provider shall identify their financial institutionand related informat ion on Standard Form 3881, Automated Clearing House (ACH) VendorMiscellaneous Payment Enrollment Form. The Service Provider shall submit a completed SF 3881to ICE payment office prior to submitting its initial request for payment under this Agreement. Ifthe EFT data changes, the Service Provider shall be responsible for providing updated informationto the ICE payment office.

B. Invoicing: The Service Provider shall submit an original itemized invoice containing the followinginformation: the name and address of the facility; the name of each ICE detainee; detainee's Anumber; specific dates of detention for each detainee; the total number of detainee days; the dailyrate; the total detainee days multiplied by the daily rate; an itemized listing of all other charges; andthe name, title, address, and phone number of the local official responsible for invoice preparation.The Service Provider shall submit monthly invoices within the first ten (0 ) working days of themonth following the calendar month when it provided the services, to:

Department of Homeland SecurityATTN: Immigration and Customs Enforcement6130 Tyvola Centre DriveChaPhoFax: I

A :

b2Low

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C. Payment: ICE will transfer funds electronically through either an Automated Clearing Housesubject to the banking laws of the United States, or the Federal Reserve Wire Transfer System. ThePrompt Payment Act applies to this Agreement. The Prompt Payment Act requires ICE to makepayments under this Agreement the thirtieth ooth) calendar day after the ICE Deportation officereceives a complete invoice. Either the date on the Government's check, or the date itexecutes anelectronic transfer of funds, shall constitute the payment date. The Prompt Payment Act requiresICE to pay interest on overdue payments to the Service Provider. ICE will determine any interestdue in accordance with the Prompt Payment Act.

Article XlII. Government Furnished PropertyA Federal Property Furnished to the Service Provider: ICE may furnish Federal Government property

and equipment to the Service Provider. Accountable property remains titled to ICE and shall bereturned to the custody of ICE upon termination of the Agreement. The suspension of use of bedspace made available to ICE is agreed to be grounds for the recall and return of any or allgovernment furnished property.

B. Service Provider Responsibility: The Service Provider shall not remove ICE property from thefacility without the prior wri tten approval of ICE. The Service Provider shall report any loss ordestruction of any Federal Government property immediately to ICE.

Article XIV. Hold Harmless and Indemnification ProvisionsA Service Provider Held Harmless: ICE shall, subject to the availability of funds, save and hold the

Service Provider harmless and indemnify the Service Provider against any and all liability claimsand costs of whatever kind and nature, for injury to or death of any person(s), o r loss or damage toany property, which occurs in connect ion with or is incident to performance of work under theterms of this Agreement, and which results from negligent acts or omissions of ICE officers oremployees, to the extent that ICE would be liable for such negligent acts or omissions under theFederal Tort Claims Act, 28 USC 2691 et seq.

B. Federal Government Held Harmless: The Service Provider shall save and hold harmless andindemnify federal government agencies to the extent allowed by law against any and all liabilityclaims, and costs of whatsoever kind and nature for injury to or death of any person or persons andfor loss or damage to any property occurring in connection with, or in any way incident to orarising out of the occupancy, use, service, operation or performance of work under the tenets ofthis Agreement, resulting from the negligent acts or omissions of the Service Provider, or anyemployee, or agent of the Service Provider. In so agreeing, the Service Provider does not waive anydefenses, immunities or limits of liability available to it under state or federal law. .

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C. Defense of Suit: In the event a detainee files suit against the SelVice Provider contesting the legalityof the detainee's incarceration and/or immigration/citizenship status, ICE shall request that theU.S. Attorney's Office, as appropriate, move either to have the SelVice Provider dismissed fromsuch suit, to have ICE substituted as the proper pa,ty defendaot; or to have the case removed to acourt of proper jurisdiction. Regardless of the decision on any such motion, ICE shall request thatthe U.S. Attorney's Office be responsible for the defense of any suit on these grounds.

D. ICE Recovery Right: The SelVice Provider shall do noth ing to prejudice ICE's right to recoveragainst third parties for any loss, destruction of, or damage to U.S. Government property. Uponrequest of the Contracting Officer, the SelVice Provider shall, at ICE's expense, furnish to ICE allreasonable assistance and cooperation, including assistance in the prosecution of suit and executionof the instruments of assignment in favor of ICE in obtaining recovery.

Article XV. Financial RecordsA. Retention of Records: All financial records, supporting documents, statistical records, and otherrecords pertinent to contracts or subordinate agreements under this Agreement shall be retained by

the SelVice 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 selVice unde'r theAgreement. If any litigation, claim, negotiation, audit, or other action involving the records hasbeen started before the expiration of the three (3) year period, the records must be retained unt ilcompletion of the action and resolution of all issues which arise from it or until the end of theregular three (3) year period, whichever is later.

B. Access to Records: ICE and the Comptroller General of the United States, or any of theirauthorized representatives, shall have the right of access to any pertinent books, documents, papersor other records of the SelVice Provider or its sub-contractors, which are pertinent to the award, inorder to make audits, examinations, excerpts, and transcripts. The rights of access must no t belimited to the required retention period, but shall last as long as the records are retained.

C. Delinquent Debt Collection: ICE will hold the SelVice Provider accountable for any overpayment,or any breach of this Agreement that results in a debt owed to the Federal Government. ICE shallapply interest, penalties, and administrative costs to a del inquent debt owed to the FederalGovernment by the SelVice Provider pursuant to the Debt Collection Improvement Act of 1982, asamended.

Article XVI. Guard/Transportation SelVicesA. Transport SelVices Rate: The SelVice Provider agrees, upon request of the Federal Government in

whose custody an ICE detainee is held, to provide all such air/ground transportation selVices asmay be required to transport detainees securely, in a timely manner, to locations as directed by theICE COTR or designated ICE official. Transportation between the facility and ICE offices, plusrelated mileage is included in the daily per diem rate. Other ICE directed transportation will bereimbursed at the rate of $18.00 per hour per officer in addition to the reimbursement of themileage rate established pursuant to the current General SelVices Administ ration (GSA)/federal

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travel allowance rates. At least two (2) qualified law enforcement or correctional officer personnelemployed by the Service Provider under their policies, procedures and practices will performtransport services.

B. Medical Transportat ion: Transportation and/or escort/stationary guard services for ICE detaineeshoused at the Service Provider's facility to and from a medical facility for outpatient care, andtransportation and/or escort guard services for ICE detainees housed at the Service Provider'sfacility admitted to a medical facility; and to detainees attending off-site court proceedings. Anofficer or officers, shall keep the detainee unde r constant supervision twenty-four (24) hours perday until the detainee is ordered released from the hospital, or at the order of the ICE COTR. TheService Provider shall, without additional charge to ICE, provide stationary guard services duringthe initial eight (8) hours ICE detainees are admitted to an outside medical facility or attending off-site court proceedings. Any incurred overtime pay for such services will be reimbursed at theapplicable overtime rate of $22.00 per hour per officer. The Service Providers agrees to augmentsuch practices as may be requested by ICE to enhance specific requirements for security, detaineemonitoring, visitation and contraband control.

C. Indemnities: Furthermore, the Service Provider agrees to hold harmless and indemnifyDHS/ICEand its officials in their official and individual capacities from any liability, including third-partyliability or worker's compensation, arising from the conduct of the Service Provider and itsemployees during the course of transporting ICE detainees.

D. Personal Vehicles: The Service Provider shall not allow employees to use their personal vehicles totransport detainees. The Service Provider shall furnish vehicles equipped with interior securityfeatures including physical separation of detainees from guards. The Service Provider shall provideinterior security specifications of the vehicles to ICE for review and approval prior to installation.

E. Training and Compliance: The Service Provider shall comply with ICE transportation standards(htt.p:/J\vww.ice.gov/partners/dro/opsmanuallindex.htm) related to the number of hours theProvider's employee may operate a vehicle. The transportation shall be accomplished in the mosteconomical manner. The Service Provider personnel provided for the above services shall be of thesame qualifications, receive training, complete the same security clearances, and wear the sameuniforms as those p ~ r s o n n e l provided for in other areas of this agreement.

F. Same Sex Transport: Dur ing all transportation activities, at least one (1) officer shall be the samesex as the detainee. Questions concerning guard assignments shall be directed to the COTR forfinal determination.

G. Miscellaneous Transportation: The COTR may direct the Service Provider to transport detaineesto unspecified, miscellaneous locations.

H.Billing Procedures: The itemized monthly invoice for such stationary guard services shall state thenumber of hours being billed, the duration of the billing (times and dates) and the name of thedetainee(s) that was guarded.

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INWWESS WHEREOF, the Imdersign.ed, duly ~ u l r . h o r i z e d officers, have subscribed t h ~ i j ; nt'mes onbehalf of the A l a r n ~ l l l c e County and Department of Hl)meland Security, U.S, Immigration lH"ldCuStoms Enforcement.

ACCEPTED: ACCEPTED;U.S. Immigration ~ \ l i d Customs EnforCClllel)[ Alarnance CoUt'l1)'

Susali D, Erickson. " ~ . [Name] David 1. SniithC00'lOfficer . I(n,le] aM2.nag.r ,B ~ > ~ 4 . y , ~ h - " . ~ Date: s;i,t!P7 Dare; -d7-/.122--------CONTRACTING OFFICERS' TECHNICAL REPRESENIAnVE (COTR): Paige Edenfield, (704)672.6995, or successor (704) 67269.36 is hereby de$igna.red as COTR for this Agreement. When al'ld ifthe COTR duties ll,re reassigned, an admi'nistrative modification will be issued to retlecr the changes.This dcsignarion does not include


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1. DATE OF ORDER05/14/2007

2. CONTRACT NO. (If any)DROIGSA070008

PAGES16

a. NAME OF CONSIGNEE3. ORDER NO.HSCEOP-07-F-00493

4. REQUISITION/REFERENCE NO.FAT070232 Immigrat ion and Removal Operat ions

5. ISSUING OFFICE (Address correspondence to) b. STREET ADDRESSU.S. Dept. Of Homeland Secur i tyImmigrat ion an d Customs Enforcement42 5 I St ree t , NW

80 1 I Stree t , NW, Room 80 0Attn : John Washington

Rm 2208Washington DC 20536

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ a. NAME OF CONTRACTORALAMANCE COUNTY OF

c. CITYWashingtonf. SHIP VIA

b. COMPANY NAME o . PURCHASE- C S - T - R - E - E - T - A - D - D - R - E - S S - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ REFERENCE YOUR:109 S MAPLE STREET

Please furnish the following on the termsand conditions specified on both sides of-d-.C-I-TY-----------------------------------.-------.-----------------! this order and on the attached sheet, if

GRAHAM any, including delivery as indicated.10. REQUISITIONING OFFICE

IX b. DELIVERYExcept ior billing instructions on thereverse, this delivery order issubject to instructions contained onthis side only of this form and isissued SUbject to the term sandconditions of the above-numberedcontract..

Immigrat ion an d Customs Enforcement11. BUSINESS CLASSIFICATION (Check appropriate box(es))o . SMALL L b. OTHER THAN SMALL

d. WOMEN-OWNED e. HUBZoneC= c. DISADVANTAGED

f. EMERGING SMALLBUSINESS

! g. SERVICEDISABLEDVETERAN-

12. F.O.B. POINTDes t ina t ion

13. PLACE OF 14. GOVERNMENT B/L NO . DELIVER TO F.O.B. POINTON OR BEFORE (Date) , 16. DISCOUNT TERMS

a. INSPECTIONDest ina t ionb. ACCEPTANCEDest ina t ion

17. SCHEDULE (See reverse for Rejections)QUANTITY UNIT QUANTITITEM NO . SUPPLIES OR SERVICES ORDERED UNIT PRICE AMOUNT ACCEPTE(a) (b) (c) (d)

Ta x ID Number: 56-6000271DUNS Number: 071572986This Task Order i s i ssued aga ins t theIn ter -Governmenta l Service Agreement (IGSA)No. DROIGSA-07-0008 fo r the fo l lowingse rv ices :Continued .. .18. SHIPPING POINT

a. NAMESEESILUNG

INSTRUCTIONS b. STREET ADDRESSON REVERSE (or P.O. Box)

c. CITYWASHINGTON

22 : UNITED STATES OF AMERICABY (Signature) ~

AUTHORIZED FOR LOCAL REPRODUCTIONPREVIOUS EDITION NOT USABLE

19. GROSS SHIPPING WEIGHT

21 . MAIL INVOICE TO:U.S. DEPT. OF HOMELAND SECURITYU.S. IMMIG. AND CUSTOMS ENFORCEMENTOFFICE OF DETENTION AND REMOVAL801 I STREET, N.W. , SUITE 800

Id. STATEDC

~ L J a ~ / 0 - f J ~ w c

(e) (f) (g)

20. INVOICE NO . 17(TO(Copag

$2,600,000.00

17GRTO

e. ZIP CODE $2,600,000.0020536D:. NAME (Typed)Susan D. Er ickson

TITLE: CONTRACTING/ORDERING OFFICEROPTIONAL FORM 347 (R" , . 312Prescribed by GSAlFAR.8 CFR 5J.21


14/19

ORDER FOR SUPPLIES OR SERVICESSCHEDULE - CONTINUATION

05/14/2007 DROIGSA070008ITEM NO.

(A)

0001

0002

SUPPLIES/SERVICES(6)

. Provide detent ion serv ices in accordanceth the a t tached IGSA, to include housing,

rds and t r anspor ta t ion during the per iodMay 2007 through 09/30/2007 a t theCounty J a i l located a t 10 9 Southe St ree t , Graham, NC 27523.

Ful l funding i s provided for the theseamount of $2,600 ,000 .00 .

Th e t o t a l amount of funding obl iga tedr th i s Task Order i s $2,600 ,000 .00 .

4. Th e DRO Program Office POC i s Sophia R.Edwards, b2Low5. The ICE Office of Acquis i t ion ManagementPOC i s Rachel E. Johnson, b2Low

and condi t ions of IGSA No.l u v " . ~ ~ ' n - 0 7 - 0 0 0 8 remain unchanged.

US Department of Homeland Secur i tyImmigration and Customs Enforcement42 5 I St ree t , NWRm 2208Washington, DC 20536

Per iod of Performance: 05/14/2007 to09/30/2007Cost of Bedspace a t the Alamance County 30600 EAJ a i l fo r the Period of May 2007 - 9/30/2007

for Transpor ta t ion of Detainees for 1 LO2007 - September 30, 2007.

r anspor ta t ion Of f ice r Rate : $18.00Off ice r Rate: $22.00

$

ORDER NO.HSCEOP-07-F-00493

PRICE(E)

61 . 00

733,400.00

AMOUNT(F)

1,866 ,600 .00

733,400.00

QUANTITACCEPTE(G)

TOTAL CARRIED FORWARD TO 1 ST PAGE (ITEM 17(H))NSN 7540011528082 50J..48101 OPTIONAL FORM 348 (R

PrewibedFAR (48 CFR)


15/19

ORDER FOR SUPPLIES OR SERVICESSCHEDULE - CONTINUATION

IMPORTANT: Mark all packages and papers with contra ct and/or order numbers.DATE OF ORDER I ONTRACT NO.05/14/2007 IDROIGSA070008

ITEM NO.(A)

SUPPLIES/SERVICES(8)

The t o t a l amount o f award: $2,600,000.00 .The ob l iga t ion fo r t h i s award i s shown inbo x 17 ( i ) .

QUANTITY UNITORDERED(C) (D)

TOTAL CARRIED FORWARD TO 1ST PAGE (ITEM 17(H))NSN 7540-011528082 503-48101

UNITPRICE(E)

I RDER NO.HSCEOP-07-F-00493AMOUNT

(F)QUANTITACCEPTE(G)

OPTIONAL FORM 348 (RPrescribeFAR (48 CFR)


16/19

z. N.'IeNl.lEWrIMOOIFlCAriOW liD. I :l.. EFfECTIIIl' 1lA'l'iEO 1 " i i I . 7UlSVEDIlY (:QCE t c : e / D ~ / p C - ! l C ICE/oetent Mngt/Detec.t ..( k , I ? - ~ ~ a ' ~ t ! i 2 0 0 !m:nigration and C U . 8 t o l l l ~ ! r E n : t ; o r a e m . a n t : Office of 1I.Cqui:dt:iOtl. M a . " l a ~ e m . e t l t 425 S ~ e e t NW, Suite 2Z0aw a ~ b i n g t o n DC 2 0 ~ 3 6

~ C E COO'llItr OF,,60S YAy Sf

NO 272533343

; U 4 1 : . ! I N J r n : R . E D I r f ( l r ~ ~ H l i l l f l > l I m i , l (:ODE ICE/OM OC-l'lC- ~ ~ - l i X C l i : / D S t S r i t M n q t ( p e t M ~ , . : ~ ~ 7 : ~ g r ; : t ~ : - I ? C ,,:i:ml'I\ig-zatbn a u d " , C U s : ! ; O ! \ ' ( $ , : ~ t o ; ; ~ e i n e n t " Officsof A e q u i s i t i o n - M ~ i : a q e m . e i i : F '

I 4 ~ 5 r S t r g e ~ NW, suite 220eI W ~ a h i n g t o n DC 20536

F r ~ ~ " ~ : ~ : ~ : ~ " =~ , . I I i ! : ! l A @ ' ~ C E ' . . I . ~ j 1 j

.1

O'll1ccb11BO"IIII ~ J > . t ' I I ~ , , " " ' ~ ~ d . I M I . h 4 i t I A I l ! i i H a o v .It'


17/19

i I'ItMt:I.(A)

b)'l.'he Wage D a t e t I I l i ~ R t l o n Numbr:u: .. 2 0 ( ) I i - O ~ 9 . e l .Revision 1 ,' ~ t a < j : i + b 6 2 / ~ Q Q ' t: ..wltl;i. ! l ; d . ~ t ; e c i w"-'10.. . t_, . ~ . ~ , : , . " , . ~ 1 _ ~ .. , .. .. ; . _ .. "' . ~ . , ~ , ':. _,'''- .. '": ".. ",rates and b ~ e f i ~ s f o ~ Alamance C o u n ~ y ' i s h ~ ~ e p v i n ~ r p o t a t e Q into the r ~ f e r e n c s ~ lGeA ,ere n o l o ~ e c l AttatiMent II , thi!! : m o d i n ( ~ t i M . c) The security .requirernant!J fo:e 1 t . ; p l t ) Y l ~ ~ ~ t acreening is incorporated in!; :Q t:he Ls;f ' i ~ I < I ~ O I ' T ~ r t 3 ; l ; l ( ~ ~ ~ G ! , I o l

F . o a ( ~ C f f i I ~ ' l Q


18/19

W\UC Ill' l ' F e R Q ~ MCON'1'f/JIC'i"l1lt~ C J l i COUN'l"l'OFJImIW.(1\.)

for acts " ' ~ onU.z:r.,,!..r;>il$ 1'1' hi" own ~ : ; : ; andtor any 5 u b c o u ~ ~ a ~ t o ~ ( $ ) ana thG1t e ~ l o Y 8 a s . The SeI;Vice h-ovidar sha l l sX'P:tea!ily i1:co:r;99rateth is p:rovisicn,iht." ).ilY IIIn(L a l i ~ ' J : b g o : i t r ~ ~ t l ' .. o ~ : ~ o : suboDdinata aqrGements issued in B U ~ P ~ ~ ~ of t h t ~ Agreement .!rna Senies l ? ~ o ' t " 1 d e t sha.n r ~ c e r t i f 1 7 their$I1Q;ll.oyees every three yeare by c o n d c : , e t ~ i . t - g acriminal n 1 s t o ~ y r e C O ~ Q $ ~ ~ X to ~ ~ i n t a i n ~ h e integrity of th e workforce.The S e ~ v i e e ~ r o ~ i d e r Ahall i m ~ l e N s n e self-Reporting requir6lll((lnt. tar.!. . l. < i i ! m p . ~ Q y e , l ' _ e l . . t o :mmediately J:eport: (in.a T s own o d m . i r l ~ l e ' ..tre!'f:tis 1:0superiors.C. .Security ~ a n a g i ! $ e r i t . t h e ~ e i : 1 r : i . e Provider::Ihall tlppoint a ~ e n i o r off ic ia l t.o a e : ' ~ aa ' ~ h e P-greement Secu;city Officer. 1h e indhidlla1 willinterface with th a CorR on all ~ e u ~ i t ~ m a t ~ ~ r s ,

I to include p h ~ s 1 c a l . , pe:r:sonnel, and P " c : t ~ t ; l t ; l . . o n ofa l l G Q v e ~ n t in:i.'ormati.on and da.ta < ' I e t ' . ~ ~ $ ! ~ d );ll't h ~ . S e r v i ~ . f ~ o v i d e r .

;tCJ;; $hdl reirob\ll"IlEl the Sarvice P l : o " ' i d ~ t a ' ~ t!Wfixsd d e t a i n a ~ day rat$ shown on t h ~ cover p a g ~ of the. document, Article I . (e ) . TnS ! ' i 1 ~ t i a ! S \M yadjust th s rate ThirtV-$ix (36) months R f t 9 ~ thQeffec t ive data of th e aqreel\\ent and B'1f,r


19/19

Rln'EReNCilHQ. QI"QOCUMllNT lIlllNG C ' : l t { \ 1 l ' ; 1 8 ~ l : 1 ~ T I O N SHEiaT ~ Q I G 9 A - 0 " 1 : " 0 0 0 8 1 /!?OOQOl!'WI!:'OFOi'faIORORCOffTllACTORA L A M A . ~ C 8 CopNTY OF

QJ,IANTITY IlNl'"" ~ ' ( c t ; i , fO} ' LlNO'I'RlE" ' ( ~ r - - - - - - ~ ~ - - - - - - - - - - - - - - - - - - - - - - - - * - - - - - - - - ~ - - - - - + - - - - ~ ~ - - - - - - ~ - - - - - ~ - - - - - - - -1'0\

IC! shal l teimburse the Servica ~ ) . : t N i d ~ : t : at: 1;hethea deta.inee day ratQ .$hQIIln on t . h ~ G()VEl:t' l'agaof the d o e u m e n ~ , Article I . (C). ' 'rhe ? a ~ t i e $ '/MyOlId-just ~ h e ratel:walvQ {121 f110nthe f.t'tmi th eIiIffect:,iva data oJ!, the, agree.'11ell'e lmIi eVQ.I:Y twslve ,'(12) months theieafter.. ' 1fte" pi:r1:i'Ei' s n i i f f ~ ' f , i ~ ~ " ~ tM (:(let portion o:l;"the , &'ate , a d j u s t . r ' ' ' i l n ' : ~ 01\ th eprinciples o e a ~ l o . \ i a b ' i i ~ t y 'and'il.iiooab,iUi){ as '"set ,forth inOMa ' ; c 1 ~ G r i i u A : ' 8 7 ,: ' federal ," "procurement laws, r e ~ u l a t i o n s , and s t a n d ~ r d $ inarriving at the detainee d.ay ra't.e. T h ~ !' f;quesefor adjul!3U!ent ~ h a l . 1 . b&l, swmu:r:tect (; ' f j an teE Jai.lS e ~ i c ~ s C o ~ t Statement. I f Ooe$ not receivean off1ial ~ e q u e s t fox a detainee day xatea d j u a ~ .that ~ S ' supportli'd .,'1)." an. : ; ; C E J a i ~S2rv1ces COst S ~ a U ' t M n t i tl'ia-!ixed ' detaanse,:dayrate as stated in thitJ ~ q J : e e J n ( ; l n t : ' i l 1 hIS in placeindefinitely. S e ~ A S : H 6 1 ~ n C t J ! . . : .

el All other t6:rI11$ anQ o : n d i t i o ~ within the~ : E e r n c e d IG'Sl\. remaLmi th e :Jame.

poc: suean 'Erickson. ' , C O n t r a C 1 ; 1 n ~ f O f f i o t ~ . (202) .j. '

- ~ - ~ - - 1 - _ . L . . - - - - - - - - - : - - ~ - - - - - - ~ ' ~ - - - - - ' - - - ~ " - - ~ - - ~ - 0 P m I ! H . - - - - P O - R M - ~ - ~ ' __ tyGISIIf'Ni 4G QI'll)no ~ 10

alamance county jail (north carolina) intergovernmental service agreement (igsa) with ice

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