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U.S. DEPARTMENT OF JUSTICE / IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) - 2015
A-2015-115 CLERK OF COUNCIL DATE:�n1� JUN 2 6 EROIGSA-15-0007 0•.,SAP0 (2)6(6&Ad INTERGOVERNMENTAL SERVICE AGREEMENT cja 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 Intergovermnentat 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: • Intergovernruental Service Agreement (IGSA) + Proposal dated 08/20/2013, 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 4/12/12 IN WITNESS WimREOR, 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 HUIZf^.R Clerk of the Cowlicil APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Byb&w(ou A Laura A. Rossini Senior Assistant City Attorney RECOMMENDED,FOR APPROVAL: CARLOSROL Chief of Police CITY OF SANTA ANA r DAVID C® AZOS City Mazlager 4/12/12 EROIGSA-15-0007 Intergovernmental Service Agreement (IGSA) 'Ic�ible of Contents! Article1. Pia -pose ................................................................................................................. 3 Article2. General............................................................................................................... 3 Article3, 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 Article 8. 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 Article 13, ICE Famished Property....................................................................................17 Article 14, Hold Harmless Provisions ............... ............ .......................... ...... _......... ......... 17 Article15, Financial Records .......................................................................................... 18 Article 16, Transportation (if applicable).......................................................................... 18 Article 17. Guard Services................................................................................................... 22 Article 1 S. Contracting Officer's Representative (COR.) ......... ....... ..... 1.., ... .,.,........ I........... 23 Article 19. Labor Standards and Wage Determination........................................................ 23 Article 20. Notification and Public Disclosures.................................................................. 23 Article 21. Incident Reporting........................................................................ ....,,, 24 Article 22, Detainee Privacy............................................................................................... 25 Article 23, Zero Tolerance for Sexual Harassment, Abuse, and Assault ............................ 25 Article 24, Detainee Telephone Services(DTS)................................................................... 26 Article 25. Government Use of Wireless Communication Devices ................................... 27 Article 26, Certified Cost and Pricing Data......................................................................... 27 Article 27, Combating Trafficking in Persons..................................................................... 35 Article 2&. Order of Precedence ........................................................................................... 37 EROIGSA-15-0007 Article 1. Purpose A. Purpose: The purpose of this Inter-Goverimental Service Agreement (IGSA) is to establish an Agreement between ICE and the Service Provider for the provision of the necessary physical structure, equipment, facilities, personnel, and services to provide a program of care in a pxoporly 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 end 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 ensure 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. Ratcs: 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 standards in arriving at the bed day rate. Sed Day Rate $10500 per detainee Article Z 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 Performance -Based National Detention Standards (PBNDS). Therefore, ICE may perform numerous assessments to ensure compliance prior to presenting detainees for housing, *Should there be a treed for a ramp -up plan, the effective start of Che plan is from the date of'the first detainee presented for housing, B. Fundis :The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present detainees to the Service Provider nor direct performance of any other services until ICE has the appropriate funding. Orders will be placed under this Agreement when specific requirements have EROIGSA-150007 been identified and fllnding obligated. Performance under this Agreement is not authorized until the Contracting Officer issues au 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 &om, or make payments to, a subcontractor. Subcontractors that perform under this agreement are subject to the terms and conditions of this IDSA, D. Consistent with Law: This is a firm fixed rate Agreement, not a cost reimbursable Agreement. This Agreement is permitted under applicable statute,, 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 3. Covered Services A, Bedspaces The Service Provider shall provide and operate up to 200 bed adult civil dotention 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 other services in accordance with this Agreement. In providing these services, 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 imnates, 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. ICL' will remove the juvenile within seventy-two (72) hours. C. Unit of Service and Financial Liability; The unit of service 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 4 EROIGSA-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: 1.) 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 unless, those cost are allocated under an approved Cost Allocation Plan 4) Detainee services which are not provided to, or cannot be used by, Federal detainees 5) Operating costs of facilities not utilized by Federal detainees 6) Interest on borrowing (however represented), bond discounts, costs of financing/refinanoing, 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 wader their policies, procedures and authorities. F. No ICE Liability for Failure to Meet Minimum 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 notes 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, EROIGSA-15,0007 Article 4. Receiving and Discharging Detainees A. Required Acti iitty' The Service Provider shall receive and discharge detainees only to and from properly identified ICE/ERO personnel or other properly identified Federal law enforcement officials with prior authorization from ICE/ERO, Presentation of US. Government identification will constitute "proper identification," The Service Provider shall furnish receiving and discharging services twenty-four (24) hours per day, seven (7) days per week. ICE will furnish the Service Provider with reasonable notice of receiving and discharging detainees, The Service Provider shall ensure positive identification and recording of detainees and ICE officers, The Service Provider shall not permit medical or emergency discharges except through coordination with on -duty ICE officers. B. Emergenev Situations: ICE detainees shall not be released from the Facility into the custody of other Federal, state, or local officials for any reason, except for medical or emergency situations, without express authorization of ICE. C. Restricted Release of etainees 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 ,shalt 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 mile 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 bo provided with an information shoot that gives directions to and describes the types of transportation services available. However, facilities must provide transportation for anydetainee who is not reasonably able to walls 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 or safety of the detainee. Uponrelease, 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-Institational clothing and footwear, weather appropriate, 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 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, Emergencv Evacuation: In the event of arz emergency requiring evacuation of the Facility, the Service Provider shall evacuate ICE detainees in the same manner, and with the same safeguards, as it employs for persons detained under the Service Provider's authority, The Service Provider shall notify the ICE COR or designated ICE official within two (2) hours of evacuation. Article S, ICE Performance -Based National Detention Standards and Other Applicable Standards A. The Service Provider shall house detainees and perform related detention services at a minimum in accordance with the 2011 edition of ICE Performance Based National Detention Standards (PENDS), including all optional requirements (Attachnneut 1), unless otherwise specified in this agreement, The complete set of standards applicable to this procurement is available from the following website; http;/hvww,ireovldetention- stanclards/2011 /and are incorporated herein, TCB Inspectors will conduct periodic inspections of the Facility to assure compliance with the ICI: PBNDS. E. If a change in the standards identified herein results in a docuranentable financial impact to the Service Provider, the Set -vice 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 Service 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 Homoland Swuzity (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 aceordazce with the 2011 PBNDS, including but not limited to; intake arrival screening, tuberculosis testing and symptom screening, on-site sick call, EROIGSA-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 treatment, In such event, the Service Provider shall notify ICE immediately regarding the nature of the transferred detainee's illness or injury and type of treatment provided. The costs of all emergency medical services provided off-site 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 offsite service providers. The Service Provider shall ensure they have access to an offsite emergency medical provider at all times, D. The Service Provider must make 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 full 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 ICP, 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 PENDS. H. Onsite health care personnel shall perform initial medical screening within (12) hours of arrival to the Facility. Arrival screening shall cover all elements required by PBNDS 2011, including, at a minimum, all questions captured on the IHSC 795-A or equivalent, 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 and physical, dental, pregnancy status, history of substance abuse, screening questions for other infectious disease, and current health status). Initial screening will also contain height, weight, and, a complete set of vital signs (BP, P, T). Blood sugar and 02 readings maybe necessary dependent upon specified diagnosis or current medical concom, L The Service Provider shall famish 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 Pull 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 Health 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 acrd all medical information for ICE detainees to the III SC 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 McdPAR User Guide: hj ://medpar.ehr-icehealth ora/. A. The Health Authority of the Service Provider shall notify the ICE contact and/or FMC as soon as possible if emergency care 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 EROIGSA-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 Fax: (512) 460-5535 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 IDSA Health Authority said associated Service Provider departments in accordance with HIPAA privacy exception at 45 CY.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 Officer's Representative or Contracting Officer in accordance with HIPAA Privacy exception at 45 C.F.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 if the correctional institution or such law enforcement official represents that such protected health information is necessary for; a. The provision of health care to such individuals; b. The health and safety of such individual or other inmates; c. The health and safety of the officers or employees of or others at the correctional institution; Vii, 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; e. Law enforcement on the premises of the correctional institution; f. The administration and maintenance of the safety, security, and 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 intakescr©ening, 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 TB infection and/or disease using any Food and Drug Administration 10 EROIGSA-15.0007 (FDA) approved, method. Detainees who have symptoms suggestive of TB disease will be immediately placed in an airborne infection isolation 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 gov/tb/oublicapons/ uidol#u,esldefa'ul.t,htm. It is not necessary to house detainees separately fiom 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 perfonned by a trained and qualified health care provider and interpreted by a credentialed radiologist. There will be a non -punitive process m place for detainees who refuse the screening assessment for TB. The Service Provider will notify IHSC and the local health department of all detainees with confinned 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 conf coned or suspected TB disease. Notification to local health departments shall identify the detainee as being in ICL; custody and shall include the 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 "IB 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 tele -radiology for Tuberculosis screening, the requirement should be built into the established bed day rate for this IDSA. S. 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 HVAC system in the intake screening area will be designed to exhaust to the exterior and prevent air exchange between the 11 EROIGSA-15-Op07 intake screening area and any other area within the facility (see CDC guidelines 11U-1,w`Kw qJ,hj,QL 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 Internet -based system operated by DHS USCIS, in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. E -Verify represents the best means currently available for employers to verify the work authorization of their employees. Each employee working on this contract shall have a Social Security Card issued and approved by the Social Security Administration, The Contractor shall be responsible to the Government for acts and omissions of his own employees and for any subcontractor(8) and their employees. Subject to existing law, regulations and/or other provisions of this contract, illegal or undocumented aliens shall not be employed by the Contractor, or under this contract. The Contractor shall ensure that this provision is expressly incorporated into any and all Subcontracts or subordinate agreements issued in support of this contract. C. SecuritManagement. 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 ieWmation 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 affect compliance with such requirements, 12 HROIGSA-15-0007 Article 8. Period of Performance This Agreement becornes 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 net to exceed 60 months unless extended by bi-lateral modification or terminated in writing by either party. 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 under the procedures prescribed in Article 11. If this Agreement is terminated by either party under this Article, ICE will be under 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. Facilitu_Inspaotions; 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 oonfinement 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 Inspection Report will state any improvements to facility operation, conditions of confinement, and level of service that will be required by the Service Provider. 13, 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, ICT: 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 fimds 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 all 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. Access 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 held 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 said mental health record information he provided in accordance with Article VI. Furthermore, the Service Provider shall retain all records where this right of access 13 EROIGSA-15-0007 applies for a period of two (2) years from 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. Modifications 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, H, Chanize Orders; The Contracting Officer may raider at anytime, by written order, and without notice to the Service Provider, make changes within the general scope of this Agreemwit in any one or more of the following: (a) Description of services to be per£orned, 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 tuider 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 adjustmont 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 agreo to any adjustment will be a dispute under 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 (HCA) for resolution. The ICE FICA may employ all methods available to resolve the disputa including alternative dispute resolution techniques. The t4 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 Rate 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 (36) months, the Service Provider mayrequest a rate by accessing the Iink at htt s://edes.usdo',gov/j aice/ far access to the ICE Automated Intergovernmental Agreement (eIGA) System for instnrctions 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 Govo=cnts, federal procurement laws, regulations, and standards in arriving at the bed day rate. If ICE does not receive an official request for abed 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 rate 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 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 institution and related information on Standard Form 3 88 1, Automated Clearing house (ACH) Vendor Miscellaneous Payment Enrollment Form http•//www fms trees ov/pdf/3881 pif. The Service Provider shall 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 in__ voicing: The Service Provider shall submit an original monthly itemized invoice within tile 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 - BurIington P.O. Box 1620 Williston, VT 05495.1620 ATTN: ICE-ERO/FOD-FLS 15 EROIGS A.-15-0007 2. By fax: (include a cover sheet with point of contact and number of pages) 802.288-7658 3, By c -mail; Invoice, C,giisolidatfon ,ice.dhs.eov 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 gov) prior to award arid 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 information: 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 payauent offered; 5, Name, title, and phone number of person to notify in event of defective invoice; 6, Taxpayer Identification Number (TIN). 7, Total number 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 of detention for each resident/detaioce;. 14. An itemized listing of all other charges; 1.5. For stationary guard services, the itemized monthly invoice shall state the number of hours being billed, the duration of the billing (times and dates) 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: CCE will transfer funds electronically through either an Automated Clearing House subject to the banking laws of the United States, or the Federal Reserve Wire Transfer System. The Prompt Payment Act applies to this Agreement. The Prompt Payment Act requires ICE to make payments under this Agreement the thirtieth (306') calendar day atter the Burlington Finance Office receives a complete invoice. Either the date on the Government's check, or the date it executes an electronic transfer of fiznds, 16 BROIGSA-1 SM0007 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 (CCR) and all information is accurate. Article 13. ICE Furnished Property A. ICE Property Furnished to the Service Provider: ICE may furnish Federal Government property and equipment to the Service Provider. Accountable property remains titled to ICE and shall be returned to the custody of ICE upon termination of the Agreement. The suspension of use of bed space made available to ICE is agreed to be grounds for the recall and return of any or all ICE furnished property. B. Service Provider Responsibility; The Service Provider shall not remove ICE property from the Facility without the prior written approval of ICE, The Service Provider shall report any loss or destruction of any ICE property immediately to ICE. Article 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 Provicler 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 officors, 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 claims or lawsuits filed against any ICE employees of which Service Provider is notified. The Service Provider will be field harmless for any injury, d,ux age 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 MY claims filed against any of Servicc Provider's employees of which ICE is notified, The Federal Government will be held harmless for any injury, damage or loss to persons or property caused by a Service Provider employee arising in the performance of this Agreement, C. Defense of Suit: In the event a detainee files suit against the Service Provider contesting the legality of the detainee's incarceration aiad/or immigration/citizonship staters, or a detainee files suit as a result of an administrative error or omission of the Federal Government, ICE will request that the U.S, Attorney's Office, as appropriate, move either to have the Service Provider dismissed, from such suit; to have ICE substituted as the proper party defendant; or to have the case removed to a court of propor jurisdiction, 17 EROIGSA-15.0007 Regardless of the decision on any such motion, ICG will request that the U.S. Attorney's Office be responsible for the defense of any suit on these grounds, D. ZCG Recover Ri nt: The Service Provider shall do nothing to prejudice ICUs 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 scut and execution of the, instruments of assignment in favor of ICE in obtaining recovery. Article 1S. Financial Records A. Retention of Records; 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 Cornptroder General of the United States, or any of their authorized representatives, have the right of access to any pertincat books, documents, papers or other records of the Service Provider or its subcontractors, which axe pertinent to the award, in order to make audits, examinations, excerpts, and transcripts. The rights of access must not be limited to the required retention period, but shall last as long as the records are retained. C. Delinquent Debt Collection: ICE will hold the Service Provider accountable for any overpayment, or any breach of this Agreement that results in a debt owed to the Federal Government. ICE 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 Improvement Act of 1982, as amonded. Article 16. 'Transportation (if applicable) A. All transportation of ICE detainees shall be Conducted in accordance with the ICE 2011 PBNDS. ExcCpt in emergency situations females may not be transported by has for more than ten hours. Furthermore, except in emergency situations, a single officer may not transport a single! detainee of the opposite gonder and if there is an expectation that a pat search will oocur during transport, an officer of the same gender as the detainee(s) must be present. B. In the event of transportation services involving distances that exceed a twelve (12) hour workday to complete, the Service Provider shall be reimbursed for related costs of lodging and mcals commensurate with the U.S. General Services Administration rates for 18 EROIGSA-1 S-ppg7 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 commercial 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 Rote: 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 officer 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 detainee(s) must be present. E. Medical/Leal Trans ortatirnn 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-foux (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 until 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 ane officer responsible for the security of the detainee while he/she is an in-pationt at the hospital will be of flue 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 EROIGSA-15.0007 including third -party liability nr 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 requ renents apply to this agreement. L 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 secruity features including physical separation of detainees from guards, The Service Provider shall provide interior security specifications of the vehicles to ICE for review and approval prior to installation, 4, Nothing in this Agreement shall resnict the Service Provider from acquiring additional vehicles as deemed necessary by the Service Provider at no cost to the Government, I. Oovermnerit Frnnished Vehicles: If ICE authorizes the Service Provider to use Government furnished vehicles, the following requirements apply to this agreement. If ICE chooses to authorize Service Provider employees to operate Government famished vehicles, the Government will provide the Service Provider with Government Vehiele8 and Govermnent 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 alternative transportation sites, in support of ERO transportation needs under this Agreement, 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 any other ICE policies that pertain to reporting such damage. The Service Provider agrees to fully cooperate and assist ICE in malting any claims against a third party at fault for causing the property damage to the Government Vehicles. 20 EROIGSA-15-0007 3. In addition, the Service Provider agrees to hold harmless, indenuaify, 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 sets or Omissions of the Service Provider employees or agents; the Service Provider agrees to reimburse ICE for said settlement or adverse judgment. 4. 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 end of a shift, the fonn 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 form is Altacbment 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 erpenses made necessary by the loss of any paperwork associated with the vehicles. 7. The Government will provide instruction on the proper 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 vehiclos authorized for use by the Service Provider is found as Attachment 9, Training and CornPlianee; The Service Provider shall comply uvith 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 shah be of the same qualifications, receive training, complete the same security clearances, and wear the same uniforms as those personnel provided for in other areas of this Agreement. K. Miscellaneous Transportation: The COR may direct the Service Provider to transport detainees to unspecified, miscellaneous locations. 21 BROIGSA-15-0007 L. When the COR provides documents to the Service Provider concerning the detainea(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 lcopt 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 detainee(s) departure as pre -scheduled shall result in the Service Provider having deductions made for non- performance. O. An"—ct Trans ortation Officers; All transportation Detention Officers shall be armed in the performance of these duties. P. Billin 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. Anticipated Transportation Rcutes_The following transportation routes and/or destinations are anticipated requirements for this Agreement. The following requirements are one 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 FACILITY CILITY Locations _ City Fra none, __. 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, ICF 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 may be requested by CO or COR to enhance specifie requirements for security, detainee monitoring, visitation, and contraband control. Public contact is prohibited unless authorized in advance by the COR. 22 ERC)IGSA-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 emergency, one of the two above referenced officers shall be of the same sex as the detainees being assigned to the remota 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 detainees 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 1$, Contracting Officer's ]Representative (COR) 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. This designation does not include authority to sign contractual documents or to otherwise commit to, or issue changes, which could affect the price, quantity, or performance of this Agreement, B. Should the Service Provider believe it has received direction that is not within the scope of the agreement; the Service Provider shall not proceed with any portion that is not within the scope of the agreement without first contacting the Contracting Officer. The Service Provider shall coutiruue 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 IDSA entered into by the United States or the District of Columbia, in excess of $2,500, or hi an indefinite amount, the principal purpose of which is to furnish services through the use of service employees. B. Wage Determination. Each service employee employed in the performance of this Agreement shall be paid not less than the minimuun 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 Agreemennt. (See Attachment 3 - Wage Deterrmination) Article 20. Notification and Public Disclosures A. Information obtained or developed as a result of this IDSA 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 IDSA, such documents shall be subject to public disclosure onlypursuant to the provisions of applicable federal laws, regulations, and executive orders or as 23 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 discretion, communicate the substance of this IGSA when requested. ICE understands that this IGSA will become a public document when presented to the S ervice Provider's governing body for approval, K 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 unusurd 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 pros 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. Art -fete 21. Incident, Reporting 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 team(s); disturbances (including gang activities, group demonstrations, food boycotts, work strikes, work -place violence, civil disturbances/protests); staff use of force including use of lethal and lass -lethal force (includes inmates in restraints more than eight hours); assaults on staff/inmates resulting in injuries requiring medical attention (does not include routine medical evaluation after the incident); fights resulting in injuries requiring medical attention; fires; full or partial lock clown of the Facility; escape; weapons discharge; suicide attempts; deaths; declared or non - declared hanger strikes; adverse incidents that attract unusual interest or significant publicity; adverse weather (e.g., hurricanes, floods, ice/snow storms, heat waves, tornadoes); fence damage; power outages; bomb threats; detainee 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 injurios, death or property damage; and sexual assaults. 24 ER.OWSA• 15-0007 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 function when the Agreement specifically identities (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 B. In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency fiumtion, 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 system of records," as used in dais 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 it, this Miele, 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 and that contains the person's name, or the identifying munber, 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, means a group of any records under the control of any agency from which 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 Assault A. The Service Provider shall develop and implement a comprehensive sexual abuse/assault prevention and intervention program of which training will include 25 EROIGSA-150007 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 abuse 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 SCE/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 20'11 Performance -Based National Detention Standard on Telephone Access, Telephones shall be located in an area that provides for a reasonable degree of privacy and a minimal amount of environmental noise during phone calls. B. If authorized to do so under applicable law, the Service 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 all applicable federal, state, and local telephone regulations. D, ICE recognizes the Service Provider may have an existing contract witb a Telecommunications 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 EROIGSA-15-0007 telephone calls, Additionally, ICE requires that the Service Provider or their Toleconum mutations Company provide that ICE detainees have direct access to the DTS Contractor for collect and prepaid calls, This shall occur at the expiration of any current 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'relecommunications 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 bone services, and the maintenance and operation of the system, including a standard compensation to the Tolecontmunications 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 Set -vice Provider shall notify the COR or ICE designee of any inoperable telephones. CC. DTS Contractor hrforination; Talton Communications 910 Ravenwood Dr. Selma, AL 36701 Robin Hall Mike Osltmd Customer Relations Manager Operations Manager (334) 3757842 (334) 375-4200 robin(7a,tattoncoavmuaication,scom michael taltoncommunications com 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) Exceptions front certtfded cost or pHeing 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 EROICYSA-15-0007 necessary to determine whether an exception should be granted, and whether the price is fair and reasonable. (i) identification 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, ha addition, describe the nature of the market; Ccs For items included on an active Federal Supply Service Multiple Award Schedule contract, proof that an exception has been granted fox 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 any request for an 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 offeror's determination of the prices to be offered in the catalog or marketplace. (b) Regadrements 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 certified cost or pricing data, 29 EROIGSA-15-0007 (1) In lieu of submitting certified cost or pricing data for modifications under this IDSA, 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) Identification of the law or regrdation 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 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 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 cost or pricing data, the following applics: (1) The Service Provider shall submit certified cost or pricing data, data other than certified cost orpricing 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 ircluded 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 estirnate, 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 the 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 EROIGSA-15-0007 (c) In each subcontract that exceeds $700,000, when entered into, the Service Provider shall insert either - (1) The substance of this clause, including this paragraph (c), if paragraph (a) of this clause requires submission of certified 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 Servide 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 pride, 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 Service 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 date of award, whichever is later. E) Price Reduction for Defective Certified Cost or Pricing Data (a) If any price, including profit or fee, negotiated in connection with this IDSA, 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 current as certified in its Certificate of Current Cost or Pricing Data; 30 EROIGSA-15-0007 (2) A subcontractor or prospective subcontractor furnished flze 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 er Pricing Data; or (3) Any of these parties furnished data of any description that were not accurate, the price or cost shall be reduced accordingly and the IDSA shall be modified to reflect the reduction. (b) Any reduction in the IGSA price under paragraph (a) 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 markup, 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. (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 suporior bargaining position and thus the price o£the IDSA would not have been modified even if accurate, complete, and current certified cost orpricing 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 IDSA 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 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 ICSA 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 (13) 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 EROIGSA-15m0007 (ii) An offset shall not be allowed if— (A) The understated data were ]crown 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 Govermnent 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. (d) 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 mud 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 the 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. 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 adjustinent 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 modification under this clause, or any cost reimbursable under this IGS A, was increased by any significant amount because (1) the Service Provider or a subcontractor famished certified cost or pricing data that were not complete, accurate, and current m certified in its Certificate of Current Cost or Pricing Data, (2) a subcontractor or prospective subcontractor furnished the Service Provider cortified cost or pricing data that were not complete, accurate, and current as certified in the Service Provider's Certificate of Curl -eat Cost or Pricing Data, or (3) any of these 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. This right to a price redaction is thahiod to that resulting from defects in data relating to modifications for which this clause becomes operative under paragraph (a) of this clause. 32 EROICrSA,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 mar•]nup, by which (l) 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 determines 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 sole source supplier or otherwise was in a superior bargaining position and thus the price of the IDSA would not have been modified even if accurate, complete, and current certified cost or pricing data had been submitted. (ti) 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 IDSA was based on an agreement about the total cost of the IDSA and there was no agreement about the cost of each item procured under the IDSA. (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 IDSA price reduction if (A) The Service Provider certifies to the Contracting Officer that, to the best of the Service Provider's lmowledge 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 wore riot 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 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 &•otn the date($) of overpayineut 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(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. Certificate 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 Contracting Officer's representative in support of _* are accurate, complete, and current as of _**. This ceutification includes the cost or pricing data supporting any advance agroorneats and forward pricing rate agreements between the offeror and the Government that are part of the proposal. Service Provider Signature Name Title Date of execution*** * Identify the proposal, request for price adjustment, or other submission involved, giving the appropriate identifying atunber (e.g,, RPF No). ** Insert the day, month, and year when price negotiations were concluded amid price agreement was reached or, if applicable, an earlier date agreed upon between the parties that is as close as practicable to tho date of agreement on price. *** 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 EROIGSA-15-0007 Article 27, Combating Trafficking in Persons (a) Defdnitions. As used in this clause— "Coercion" 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 abase 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 rcceived 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 tinder 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. "Employee" means an employec 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 not perform such labor or services, that person or anotlxer 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 scberne, plan, or pattern intended to causo a person to believe that, if the person did 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" mean8--- (1) Sex trafficking in which a commercial sex act is induced by force, fraud, or coorcion, or in which the person induced to perform such act has not attained 18 years of age; or 35 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. (C) 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 sovuce (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 employees, subcontractors, or subcontractor employees pursuant to this clause, (e) Remedies, In addition to other remedies available to the Government, 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 Goverment dotenmined Contractor non-compliance; 36 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 websito 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 acrd/or condition of the [GSA, the Service Provider shall contract the Contracting Officer for clarification. Article 29. Reporting Executive Compensation and ]First4ler Subcontract Awards a) Definitions, As used in this article: `°Executive" weans officers, managing partners, or any other employees in ,management positions, "Pirst-tier subcontract" means a subcontract awarded directly by the Contractor for the purpose of acquiring supplies or services (including construction) 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 administrative expenses or indirect costs. "Months of award" moans the month in which a contract is signed by the Contracting Officer or the month in which a first -tzar subcontraot is signed by the Contractor. "Total compensation" means the cash and noncash dollar value earned by the executive during the Contractor's preceding fiscal year and includes the following (for more informer! on see 17 CFR 229.402(c)(2)): (1) Salary an(I bonus. (2) Anlards ofstock,, stock options, and stock appreciation rights. Use the dollar amount 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 EROIGSA-15.0007 (3) Earnings for 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 tax-quali W, (6) Other compensation, if the aggregate value of all such other compensation (e.g., severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $1.0,000. (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 on 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. (c) Nothing in this article requires the disclosure of classified information (d) (1) Executive compenstaion 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 f (i) In the Contractor's preceding fiscal year, the Contractor received— (A) 80 percent or more of its annual gross revenues from Fedoral contracts (and subcontracts), loans, grants (and sutbgrants), cooperative agreements, and other forms of Federal financial assistance; and (B) $25,000,000 er more in annual gross revenues from Federal contracts (arid 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(l5 lI�S C 78m a, 7Bo(dll or section 6104 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 at httP-//www.sec,gOv/answtL3/0xecomG�.htrn.) (2)1^trst-teir subcontract information. 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-tier subcontract with a value of $25,000 or more, the 38 EROTOSA-15-0007 Contractor shall report the following information at http;//wwwfsrs t ov for that first tier subcontract. (The Contractor shall follow the instructions at httP://www,fsrs aov 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 arvatd. (iv) bate 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. (xi,i) Govermnent contracting office code. (xiii) Treasury account symbol (TAS) as reported in FPUS. (xiv) The applicable North American Industry Classification System code (NAICS). (3) Executlye compensatioln of the first-tier subcontr^actow, Unless otherwise directed by the Contracting Officer, by the end of the month following the month of award of a first-ticr subcontract with a value of $25,000 or more, and animally 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 the first-tier subcontractor's preceding completed fiscal year at httn://wwwv, fsrss.gov, if— (i) h1 the' subcontractox's preceding fiscal year, the subcontractor received --- 39 EROTGSA-15.0007 (A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and subgrants), cooperative agreements, and other forms of Federal financial assistance; and (B) $25,000,000 or more to 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 6104 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 at htba //www sec xs ov/answers/execomp.htm) (e) The Contractor shall not split or break down first-ticr subcontract awards to a value less than $25,000 to avoid the reporting requirements in paragraph (d). (i) The Contractor is required to report information on a first-tier subcontract covered by paragraph (d) when the subcontract is awarded. Continued reporting on the same subcontract is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after the first-tier subcontract expires. (g) (1) If Elie Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the mquiremont to report subcontractor awards, (2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor. (h) The FSRS database at httn.//www, fsrs aov will be prepopulated with some information from CCR M Proposal S With 1. DATE OF ORDER 2. CONTRACT ryry0.(Yapy) �— 05/29/2015 EROi(MA-15-'0007 3. ORDER N0, 4, REQUISITION/REFERENCC NO. n/a 6. ISSUING Orr Mq (Augm, correepondeam to) ICE/Decent Mngt/Detent Contract -LAG nmmigration and Customs Enforcement OffACe of Acquisition f4anagameat 24000 Avila Road, Room 7109 Attn: Natasha Nguyen (949)425-7030 Laguna Niguel CA 92677 7. TO: e. NAME OF CONTRACTOR SANTA ANA CITY OF b. GCMPANY NAME a. STREETAODRESS 20 CIVIC CENTER PLAZA s, SHIP a. NAME OF CONSIGNEE Bee IGM Facility Location b. STREET AODRE88 c. CITY SHIP VIA ❑a, PURCHASE REFERENCEYOUR: Please farnlah the Pollowinp an the Name d CITY antl condlllona apn0lfl80 on bath aides of SANTA ANA a, STATE L ZIP CODE this order and on INA etlached cheat, If any, CA 92701 1110hAdi49 dallvery ea lndlGeted ❑ a. SMALL ® b. OTHER THAN SMALL , ❑ 0, DISADVANTAOEn ❑d. WOMEN-OWNEO ❑ HILI ❑C SCRVICE-DISABLED ❑S, WOMEN OWNED SMALL BUSINESS(WO$B) a. VETERAN -OWNED ELIGIBLE UNDER THE W038 PROGRAM ❑ h, EDWOSB 18. PLACE OF 14, GOVERNMENT B/L NO. 'I8. DELIVER TC F,O.S, P e, INSPE0110N b, ACCEPTANCE Destination ON OR BEFORE !pale) 07/31/2020 Destination 17. 9cNEBULS (see reverse Inr,gslacflans) ITEM NO, (A) SUPPLIES OR SERVICES QUANTITY ORDERED UNIT UNIT PRICE (b) DUNS Number; 083153247 d) al COR 2OC: Daniel pompltln, (760) 561-6327 or e-111,111 at daniel.a,pompl.un@lce.dhs,gov This is a Fixed rate !GSA. to .supply Continued ,,, 18. 8HIPPINGPOINT 10. GROSS SNIPPING WEIGHT 20. INVOICE NO, 21. MAIL INVOICE TO: A. NAME sNcenuNa DHS, ICE INSTRUCTIONS ON REVERSE b. BT RE GT ACIDRE$S HUrlingt On Firia RCe C.BRt GC (o P.0 BOX) P. o. Box 1620 Attn: iCE-FRO-FOD-FLS raill.ist'on UNITED STA1"EB OF AMERICA BY (81(ingfnie) 1RI79p POR LOCAL REPRODUCTION CUa EDITION NOT USABLE PAGE OF PAGES 1 2 a STATE I a, ZIP CODE ORDER ❑ b. DELIVERY ExaapC forbllllnS Inalydallons on the reverse, this dellvsry order is adb)e01 In inalructlons canlaln.a on the sIda only 0f thls fOmn all` le laa4a4 aupJesf l0 the Iarms and aehdltlana of the above-hllmbarad.sh'., Destination AMOUNT O,QO a. P0, 00 VT 05495-1620 "M—WE (7W -s Roberta 7. Halls TITLE! CONTRACTING/ORDERING OPFICER Net 30 QUANTITY ACCEPTED (a) PF r. 17(i) GRAND TOaTJAL Of Ina mum 98 CF119a.21](n FOR IWORTANT•Wr, r,u PAGE DAT'c pP OftOBR 05/29/2015 CO NTRACT NO, BROIGSA-15-0007 ORDER NO. ITEM NO, SUPPLIEa79 ERVIOE6 QUANTITY UNIT UNIT AMOUNT OVANTITY (a) (m ORDERED (al (tl) PRIDE ACCEPTED services at the amounts Indicated, (e) U) (¢1 Contractor (SeVvLCe Provider) should not Provide any additional supplies or vervices and/or bill in any additional amount without authorization by the Contracting officer, Accounting Info: Cunding will be added by issuance of tae)f orders Period of Performance; 07/01/2015 to 06/30/2020 0001 Detention Services-- sed Day Rate in DA 105.00 accordance with TOE Agreement Number 0.00 EROTGSA-15-0007. All other terms and conditicns remain the same. This is a fixed price IGSA to supply - services with estimated (DA) Bad Days, Obligated Amount; $0.00 The total amount of award: $0,00, The obligation for this award is shown in box 17(1), TOTAL CARRIED PORWAftD T015T PAGE (ITEM '1](m) )UTNORII FOR_. ReP015U0T10 acmrn is rnirinni a,.. i�.�, 0.00 .,r iiviv ,�ICry)ygY(NaV. ARA08) P,00016nJ by tlOA PM (�4 C!'�)bi.$l illi Attachment 1 EROIGSA-15-0007 ATTACHMENT 1 - PBNDS 2011 OPTIMAL PROVISIONS COMPLIANCE WITH PBNDS 2011 OPTIMAL PROVISIONS: CITY OF SANTA 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 these comm tments 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 transgender detainee." (Section V.B. 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 (NCCHC), and shall maintain compliance with those standards." (Section H.1) • "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 II.28) • "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-m.edicine." (Section VDD) Standard 4.4: Medical Care (Women) • "The facility's provision of gynecological and obstetrical health care 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 (NCCIIC) in its provision of preventive supervision, treatment, and therapeutic follow-up for clinically suicidal detainees or detainees at risk for significant self - harm." (Section 11.3) 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) EROIGSA-15-0007 ATTACHMENT 1 - 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 VE) • 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 VF) 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. G) Standard 6.3: Law Libraries and Legal Material • "When requested and where resources permit, facilities shall provide detainees meaningful access to taw libraries, legal materials, and related, materials on a regular schedule and no less than 15 hours per week," (Section H,,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 shalt be operating at the optimal level when at least one telephone is provided for everyten(10) detainees." (Section V.A.I) C. The Contractor shall ensure that the following General Visitation hours are available to detainees at the facility: General Visitation, including contact, visitation, shall be available to the general population a minimum of 8 hours per day on weekdays and 10-12 hours per day on weekends. EROICTSA-15-0007 ATTACHMENT 1 - PBNDS 2011 OPTIMAL PROVISIONS Compliance with the above PBNDS 2011 optimal and other non -mandatory provisions shall begin upon signature of this agreement. Should there be a conflict between these provisions and any other term or condition of this contract, you are to contact the Contracting Officer for clarification. Attachment 2 EROIGSA-15-0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts TITLE 29 --LABOR PART Q 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 fitlI by the contracting agency in every contract/Inter-Governmental Service Agreement (IDSA) entered into by the United States or the District of Columbia, in excess of $2,500, or In an indefinite amount, the principal purpose of which is to furnish services through the use of service employees, (a) Service Contract Act of 1965, as amended; This contract/IDSA is subjeot to the Service Contract Act of 1965 as amended (41 U,S.C. 351 et seq.) and is subject to the following provisions and to all other applicable provisions of the Act and regulations of the Secretary of Labor issued there under (29 CFR pail 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)(1) 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 employed under the Contraet/IGSA (i.e., the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate level of skill comparison) between such unlisted classifications and the etassifications listed in the wage determination, Such conformed class of omployees shall be paid the monetary wages and famished the fringe benefits as are determined Pursuant to the procedures in this section. (ii)Sucb 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 Contra.ct/IGSA worts. The contracting officer shall review the proposed action and promptly submit a report of the action, together with the agency's recommendation and all pertinent information incluuling the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, for roview, 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 8 BROIGSA-15.0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts (W) Tha 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 employee shall be furnished by the contractor with a written copy of such determination or it shall be posted as a part: of the wage determination. (iv)(A) The process of establishing wage and fringe benefit rates that bears a reasonable relatiOnship to those listed in a wage deternination cannot be [[Page 41]] reduced to any single formula. The approach used may vary from wage determination to wage determination depending on the circumstances. Standard wage and salary administration practices, which rank various job classifications by pay grade pursuant to point schemes or other job factors may, for example, be relied upon. Guidance may also be obtained from the way different jobs are rated under Federal pay systems (Federal Wage Board Pay System and the General Schedule) or from other wage determinations issued in the same locality. Basic to the establishment of any conformable wage rate(s) is the concept that a pay relationship should be maintained betweenjob classifications based on the skill required and the duties performed. (B) In the case of a Contract/IGSA modification, an exercise of an option or extension of an existing contract, or in any other case where a contractor succeeds a Contract/IGSA under which the classification in question was previously conformed pursuant to this section, a new conformed wage rate and fringe benefits may be assigned to such conformed classification by indexing (i.e., adjusting) the previous conformed rate and fringe benefits by an amount equal to the average (mean) percentage increase (or decrease, where appropriate) between the wages and fringe bOMEe s specified for all classifications to be used on the Contract/IGSA which are listed in the current wage determination, and those specified for the corresponding classifications in the previously applicable wage deteunmfnation. Where conforming actions are accomplished in accordance with this paragraph prior to the performance of Contract/IGSA work by the unlisted class of employees, the contractor shall advise the contracting officer of the action taken but the other proced res in ,paragraph (b) (2) (ii) of this section need not be followed. (C) No employee engaged in performing work on this Contract/10SA shall in any event be paid less than the currently applicable minimum, wage speoified under section 6(a) (1) of the Fair Labor Standards Act of 1938, as amended. (v) The wage rate and fringe benefits finally determined pursaaut to paragraphs (b)(2)(i) and (ii) of this section shall be paid to all employees performing in the classification from the first day on which Con.tract/1GSA 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 determinedby tho Wage and Hour Division retroactive to the date such class of employees commenced Contract/1GSA 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 slid 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 Coatract/IGSA work. (3) If, as authorized pursuant to section 4(d) of the Service Contract Act of 1965 as amended, the term of this Contract/10SA is more than I year, the minimurn monetary wages and fringe benefits required to be paid or fuunishod there under to service employees shall be subject to adjustment after 1 year and not less often than once every 2 years, pursuant to wage Page 2 of 8 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 Standards Administration of the Department of Labor as provided in such Act, (c) The contractor or subcontractor may discharge the obligation to famish fringe benefits specified in the attachment or determined conformably thereto by furnishing any equivalent combinations of bona fide fringe benefits, or by making equivalent or differential payments in cash in accordance with the applicable rules set forth in subpart D of 29 CFR part 4, and not otherwise. (d)(1) In the absence of minimum wage attachment for this contract, neither the contractor not, any subcontractor under this Contract/IGSA shall pay any person performing work under the Contract/1GSA (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 or any subcontractor of any other obligation under [[Page 42]] law or Contract/IGSA for the payment of a higher wage to any employee, (2) If this Contract/1G5A succeeds a contract, subject to the Service Contract Act of 1965 as amended, under which substantially the same services were furnished in the same locality and service employees were paid wages and fringe benefits provided for in a collective bargaining agreement, in the absence of the minimum wage attachment for this Contract/IGSA setting forth such collectively bargained wage rates and fringe benefits, neither the contractor nor any subcontractor under this ContracUIGSA shall pay any service employee perfbrming any of the Contract/IGSA work (rcgardless of whether or not such employee was employed under the predecessor contract), less than the wages and Tinge benefits provided for in such collective bargaining agroerrnents, to which such employee would have been entitled if employed under the predecessor contract, including accrued wages and fringe benefits and any prospective increases in wages and fringe benefits provided for under such agreement, No contractor or subcontractor under this ContracUIGSA may be relieved of the foregoing obligation unless the limitations of Sec. 4.lb(b) of 29 CFR part 4 apply or unless the Secretary of Labor or his authorized representative finds, after a hearing as provided in Sec. 4,10 of 29 CFR part 4 that the wages and/or fringe benefits provided for in such agreement are substantially at variance with those which prevail for services of a character similar in the locality, or determines, as provided in Sec. 4,11 of 29 CFR part 4, that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/fGSA was not entered into as a result of arm's-length negotiations. Where it is found in accordance with the review procedures provided in 29 CFR 4.10 and/or 4,11 and parts 6 and 8 that some or all of the wages and/or fringe benefits contained in a predecessor contractor's collective bargaining agreement are substantially at variance with those which prevail for services of a character similar in the locality, and/or that the collective bargaining agreement applicable to service employees employed under the predecessor Contract/IGSA was not entered into as a result of arm's-length negotiations, the Department will issue a new or revised wage determination setting forth the applicable wage rates and fringe benefits. Such determination shall be made part of the Contract/IGSA or subcontract, in accordance with the decision of the Administrator, the Administrative Law Judge, or the Administrative Review Board, as the case may be, irrespective of whether such iasuance occurs prior to or after the award of a C6utract/1GSA or subcontract. 53 Comp. Gen. 401 (1973). 1n 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 EROIGSA�15-0007 ATTACHMENT 2 - Title 29, fart 4 Tabor Standards for Federal Service Contracts (e) The contractor and any subcontractor under this Contract/IGSA shall notify each service employee commencing work on this Contraot/IGSA of the trumntum monetary wage and any fringe benefits required to be paid pursuant to flus contract, or shall post the wage determination attached to this contract. The poster provided by the Department of Labor (Publication WH 1313) shall be posted in a prominent and accessible place at the worksite. Failure to comply with this requirement is a violation of section 2(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 under working conditions provided by or under the control or supervision of the contractor or subcontractor which are unsanitary or hazardous or dangerous to the health or safety of service employees engaged to furnish these services, and the contractor or subcontractor shall comply with the safety and health standards applied under 29 CFR part 1925, (g)(1) The contractor and each subcontractor performing work subject to the Act shall make and maintain for 3 years from the completion of the work records containing the information specified in paragraphs (g)(l) (i) through (vi) of this section for each employee subject to the Act and shall make them available for inspection [[Page 43]] and transcription by authorized representatives of the Wage and Hour Division, Employment Standards Administration of the 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 monetary wages paid and fringe benefits provided, rate or rates of fringe benefit payments in lieu thereof, and total daily and weekly compensation of each employee. (iii) The number of daily and weekly hours so worked by each employee, (iv) Any deductions, rebates, or refunds from the total daily or weekly compensation of each employee. (v) A list of monetary wages and fringe benefits for those classes of service employees net included in the wage determination attached to this Coun act/IGSA but for which such wage rates or fringe benefits have been determined by the interested parties or by the Administrator or authorized representative parsuant to the labor standards clause in paragraph (b) of this section. A copy of the report required by the clause in Paragraph (b) (2) (ii) of this section shall be deemed to be such a list. (vi) Any list of the predecessor contractor's employees which had been furnished to the contractor pursuant to See, 4.6(1)(2). (2) The contractor shall also make available a copy of this Contract/IGSA for inspection or: transcription by authorized representatives of the Wage and Hour Division. Page 4 of 8 EROIGSA-15.0007 ATTACHMENT 2 - Title 29, Part 4 Labor Standards for Federal Service Contracts (3) Failure to make and maintain or to make available such records for inspection and transcription shall be a violation of the regulations and this contract, and in the case of failure to produce such records, the contracting offioer, upon direction of the Department of Labor and notification of the contractor, shall take action to cause suspension of any further payment or advance of funds until such violation ceases. (4) The contractor shall permit authorized representatives of the Wage and Hour Division to conduct interviews with employees at the worksite during normal working hours, (h) The contractor shall unconditionally pay to each employee subject to the Act all wages due free and clear and without subsequent deduction (except as otherwise provided by law or Regulations, 29 CFR part 4), rebate, or kickback on any account. Such payments shall be made no later than one pay period following the end of the regular pay period in which such wages were earned or accrued. A pay period under this Act may not be of any duration longer than semi-monthly, (i) The contracting officer shall withhold or cause to be withheld from the Government prime j contractor under this or any other Government Contract/IDSA with the prime contractor such sums as an appropriate official of the Department of Labor requests or such sums as the contracting officer decides may be necessary to pay underpaid employees employed by the contractor or subcontractor. In the event of failure to pay any employees subject to the Act all or part of the wages or fringe benefits due under the Act, the agency may, after authorization or by direction of the Department of Labor and written notification to the contractor, take action to cause suspension of any father payment or advance of Rinds until such violations have ceased. Additionally, any failure to comply with the requirements of these clauses relating to the Service Contract Act of 1965, may be grounds for termination of the right to proceed with the Contract/IGSA work, In such event, the Government may enter into other contracts or arrangements for completion of the work, charging the contractor in default with any additional cost. (j) The contractor agrees to insert these clauses in this section relating to the Service Contract r Act of 1965 in all Subcontracts subject to the Act. The term contractor as used in these clauses in any subcontract shall be deemed to refer to the subcontractor, except in the term Government prime contractor. 0c)(1) As used in these clauses, the term service employee means any person engaged in the I performance of this Contract/IGSA other than any person employed in a bona fide executive, administrative, or professional capacity, as those terms are defined in part 541 of title 29, Code of Federal Regulations, as of 7uly [[Pagc44)) 30, 1976, and any subsequent revision of those regulations. The term service employee includes all such;persons regardless of any contractual relationship that may be alleged to exist between a contractor or subcontractor and such persons. i (2) The following statement is included in contracts pursuant to section 2(a) (5) of the Act and is for infarmatioual purposes only: The following classes of service employees expected to be employed under the Contract/10SA with the Govermnent would be subject, if employed by the contracting agency, to the provisions Page 5 of 8 EROIGSA-15-0007 ATTACHMENT 2 . Title 29, Part 4 Labor Standards for Federal Service Contracts of 5 U,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- fringe beneft Search current rates at http://www,o ni, oy/oca/12tables/ (1)(1) If wages to be paid or fringe benefits to be furnished any service employees employed by the Goverment prime contractor or any subcontractor tinder the Contract/IDSA 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 amendments thereof effective at a later time during the period of Contract/IGSA perfonnance, such agreoments shall be reported promptly after negotiation thereof (2) Not less than 10 days prior to completion of any Comract/IGSA being performed at a Federal facility where service employees maybe retained in the performance of the succeeding Contract/IGSA and, subject to a wage determination which contains vacation or other benefit provisions based upon length of service with a contractor (predecessor) or successor (Sec. 4,173 of Regulations, 29 CFR part 4), the inorumbent prime contractor shall furnish to the contracting officer a certified list of the names of all service employces on the contractor's or subcontractor's r payroll during the last month of Contract/IGSA performance. Such list shall also contain anniversary dates of employment on the ContracVIGSA 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 Servic in Regulations, 29 CFR part 4. e Contract Act of 1965, as amended, are contained (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 the contractor's firm is a Person or finv ineligible to be awarded Government contracts by virtue of the sanctions imposed. pursuant to section 5 of the Act. (2) No part of this Contract/IGSA shall bc.suubcontracted to any person or firm ineligible for award of a Government Contract/IGSA pursuant to section 5 of the Act, Page 6of8 EROIGSA-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 US, Criminal Code, 18 U.S.C. 1001, (c) Notwithstanding any of the clauses in paragraphs (b) through (m) of this section relating to the Service Contract Act of 1965, the following employees maybe 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)Appreatiees, student -learners, and workers whose earning capacity is impaired by age, physical, or mental deficiency or injury may be employed at wages lower than the minimum wages otherwise required by section 2(a) (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 certifzcatcs under the Service Contract Act for the employment of apprentices, student -learners, handicapped persons, or handicapped clients of sheltered workshops not subject to the Fair Labor Standards Act of 1938, or subject to different minimum rates of pay under the two acts, authorizing appropriate rates of minimum wages (but without changing requirements concerning fringe benefits or supplementary cash payments in lieu thereof), applying procedures prescribed by tho applioablo regulations issued under 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 p yment 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 thejourneyman 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 ercenta e of the Joume yman's rata contained in the applicable wage determination. The allowable ratio of apprentices to journeymen employed on the Contract/IDSA work in any craft classification shall not be greater than the ratio permitted to the contractor as to his entire work force under the registered program. (q) Where an employee engaged in, an occupation in which he or she aastomarily and regularly receives more than $30 a month in tips, the arnount of tips received by the employee may be Page 7of8 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 Seeticn 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 provisotn; (1)The employer must inform tipped employees about this tip credit allowance before the credit is utilized; (2)The employees must be allowed to retain all tips (individually or through a pooling arrangement and regardless of whether the employer eleots 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 tinder 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, reeordkeeping, and reporting requirements contained in this suction have been approved by the Office of Management and Budget under the following numbers: [[Page 46]] ----------- -- w Paragraph OMB control number (b)(2)(i)--(iv).................................... 1215.0150 (e) ................................................ 1215-0150 (9)(1) (t) --(iv) ..............:..................... 1215-0017 (9)(1) (v),(vi)................................... 1215-0150 (1)(0,P) ........................................ 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 Attachment 8 ER0108A.19.0007 Attachment 3 -Wage Determination WD 05-2047 (Rev, -16) was first posted on www,wdol,gov on 12/30/2014 wwwwwwwwwww+rxwwwwwawwnw«aw,xawrtawwww**wwxwwxww,r hwwkwwwww w.Fwkw**wwwwwwwxwwxwwwwwwr:wwr,w REGISTER OF WAGE DETERMINATIONS UNDER U.S, DEPARTMENT OF LABOR THE SERVICE CONTRACT ACT EMPLOYMENT STANDARDS ADMTNXSTRATION Ey direction of the Secretary of Labor WAGE AND HOUR DIVISION WASHINGTON D.C. 20210 Diane C. tCopiewski Division of Wage Determination No,: 2005-2047 Revision No.: 16 Director Wage Determinations Date 0£ Revision: 12/22/2014 Note: Executive order (E0) 13658 establishes ayy mnimwm wage of $10.20 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. 12 this contract is covered by the E0, 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, it it is higher) for all hours spent performing on the contract. The E0 minimum wage rate will be adjusted annually. Additional information on contractor requirsments and worker protections under the EO is available at www.d0l.9ov/whd/9ovcontracts. State; California Area: California counties of Los Angeles, Orange OCCUPATION NOTES; Heating, Air Conditioning and Refrigeration; Wage rates and fringe benefits can be found on Wage Determinations 1986-0$79, Laundry. Wage rates and fringe benefits can be found on Wage Determination 1977-1297, "Fringe Benefits Required Follow the occupational Listingww OCCUPATION CODE - TITLE 01000 - Administrative Support And Clerical Occupations FOOTNOTE RATE 01011 - Accounting Clerk x 01012 - Accounting Clerk IT 15.83 01013 - Accounting Clerk Ili 17.77 01020 - Administrative Assistant 20.27 01040 - Court Reporter 28.08 01051 - Data Entry Operator I 19,93 01052 - Date Entry operator IT 12,26 01060 - Dispatcher, Motor Vehicle 13.37 01070 - Document Preparation Clerk 2291 01090 - Duplicating Machine Operator 13.75 01111 - General Clerk 1 13.75 01112 - General Clark 11 11.76 01113 - General Clerk 112 14.92 01120 - Housing Rofaxral Assistant 17.43 01141 - Messenger Courier 21.90 01191 - Order Clark I 11,45 01192 - Order Clerk 12 16.98 01261 - Personnel Assistant (Employment) 2 18.53 01262 - Personnel Assistant (Emplo ent) 1T 18.07 01263 - Personnel Assistant(Employment) 20.20 01270 - .CYT Production Control Clerk 22.53 01280 - Receptionist 23,51 01290 - Rental Clerk 14.51 16.83 EROIGSA-15-0007 Attachment 3 -Wage Determination 01300 - Scheduler, Malntananoo 01311 - Secretary I 17,39 01312 - Secretary 21 17,39 01313 - Secretary STS 19,45 01320 - Service Order Dispatcher 21,90 01410 - Supply Technician - 19,54 01420 - Survey Worker 26.B2 01531 - Travel Clerk I 19.93 01532 - Travel Clerk 31 14,72 + 01533 - Travel Clerk 111 16.02 01611 - Word Processor 1 17.21 01612 - Word Processor 11 15.18 01613 - Ward Processor SIS 16.87 05000 - Automotive Service Occupations 18,76 j 05005 - Autemobilm Body Repairer, Fiberglass 05010 - Automotive Electrician 21,56 05040 - Automotive Glass Installer 22'18 05070 - Automotive Worker 20.84 05110 - Mablle Equipment Servicer 20.84 i 05130 t5aeor Equipment Metal Mechanic 19'16 05160 - motor Equipment Metal worker 23'55 05190 - Mator vehicle Mechanic 20.84 05220 - Motor Vehicle Mechanic Helper 23'56 05250 - Motor Vehicle Upholstery Worker 18,38 05280 - Motor Vehicle Wrecker 20,40 05310 - Painter, Automotive 20'84 ' 05340 - Radiator Repair Specialist 22'10 05370 - Tire Repairer 20.84 - 05400 - TranRepair Specialist 15,47smission 07000 - Food Prspars tion And Service Oacupations 23 56 07010 - Baker - 07041 - Cook 1 12.28 07042 - Cook 11 12.91 07070 - Dishwasher 14,31 07130 - Food Service Worker 10129 07210 - Meat cutter 11„20 07260 - Waiter/Waitrose 15.92 09000 - Furniture Maintenance And Repair Occupations 9.85 09010 - Electrostatic Spray Painter 09040 - Furniture Handler 20,45 09080 - Purniture Refinisher 13 66 09090 - Furniture Refinisher Helper 20,45 09110 - Furniture Repairer, Minor .90 166.74 09130 - Upholsterer 1 11000 - General Services And Su pparC Occupations 20.45 11030 - Cleaner, V@hides 11060 - Elevator Operator 11 76 11090 Gardener 11 76 11122 Housekeeping Aide 19.21 11150 - �a.nitor 12.51 11210 - 4aborer, (bounds Maintenance 14 04 11240 - Maid or Houseman 14.40 11260 - Pruner 10.16 11270 - Traotor Operator 13'27 11330 - Trail Maintenance Worker 17,13 11360 - Window Cleaner 14.40 12000 - Health occupations 15.77 12010 - Ambulance Driver 12011 - Breath Alcohol Technician 17.82 12012 - Certified Occupational Therapist Assistant 17 82 12015 - Certified Physical Therapist Assistant 26.30 26.70 EROIGSA-13-0007 Attachment 3 • Wage Determination 12020 - Dental Assistant 12025 - Dental mygieniat 12030 - EKG Technician 12035 - Electroneurodiagnoatio Technologist 12040 - Emergency Medical Technician 12071 Licensed Practical Nurse I 12072 Licensed Practical Nurse TI 12073 - Licensed Practical Nurse ITT 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 II 12223 - Nursing Assistant III 12224 - Nursing Assistant IV 12235 - Optical Dispenser 12236 - Optical Technician 12250 - Pharmacy Technician 12280 - Phlebotomist 12345 - Radiologic Technologist 12311 - Registered Nurse I 12312 Registered Nurse TI 12313 - Registered Nurse II, Specialist 12314 - Registered Nurse IIT 1231.5 - Registered Nurse TIT, Anesthetist 12316 - Registered Nurse IV 12317 - Scheduler (Drug and Alcohol Testing) 13000 - Information And Arts Occupations 13011 - Exhibits Specialist 1 13012 - Exhibits Specialist II 13013 - Exhibits Specialist III 13041 - Illustrator r 13042 - Illustrator TI 13043 - Illustrator III 13047 - Librarian 13050 - Library Ride/clerk 13054 - Library Information Technology Systems Administrator 13058 - Library Technician 13061 - Media Specialist Y 13062 - Media Specialist II 13063 - Media Specialist III 13071 - Photographer 1 13072 - Photographer II 13073 - Photographer III 13074 - Photographer IV 13075 - Photographer V 13110 - Video Teleconference Technician 14000 - Information Technology Occupations 14041 - Computer Operator I 14042 - Computer Operator 11 14043 - Computer Operator III 14044 - computer operator IV 14045 - Computer Operator V 14071 - computer Programmer 1 14072 - Computer Programmer 1I 14073 - Computer Programmer 11I 14074 - Computer Programmer IV (see I) (see 1) (see 1) (see 1) 17.27 38,39 28.14 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 25.24 31.47 38.49 38,49 48.20 48.20 57.77 25.09 24.83 3D.76 37,63 27.84 34.51 42,16 31.80 16,49 28.71 22.40 20.36 22.76 25.36 17.95 20.08 26.61 33.56 40.61 20.08 17.82 19.93 22,89 25.73 27.35 27.42 ERU[CSA-15.0007 Attachment 3 - Wage betarnlinadon 14101 - Computer Sy®temp Analyst I 14102 - Computer Systems Analyst II (see 1) 14103 - Computer Systems Analyst III (see 1) 14150 - Peripheral Equipment operator (see 1) 14160 - Personal Computer Support Technician 17.82 15000 - Instructional Occupations 25.73 15010 - Aircrew Training Devices Instructor (Mon-Ratmd) 15020 - Aircrew Training Devices Instructor (Rated) 34,73 15030 - Air Grew Training Devices Instructor (pilot) 15050 42.D3 - Computer Erased Training Specialist / Instructor 15060 $0.37 - Educational Technologist 34,73 15070 - Flight Instructor (Pilot) 36.09 15080 - Graphic Artist 50,37 15090 - Technical Instructor 26.72 L5095 - Technical Instructor/Course Developer 25.70 15110 - Test Proctor 31.47 15120 - Tutor 2D.77 19000 - Machine Tool Operation And Repair Occupations 20.77 19010 - Machine -Tool Operator (Tool Room) 19040 - Tool And Die Maker 18152 21000 - Materials Handling And Packing Occupations 23,95 21020 - Forklift Operator 21030 - Material Coordinator 14.54 21040 - Material Expediter 23.51 21050 - Matarlal Handling Laborer 23.51 21071 - Order Filler 13,02 21080 ^ Production Lina Worker (Food Processing) 13.31 21110 - Shipping Packer 14,54 21130 - shipping/Receiving Clark 15,08 21140 - Store Worker 1 15.08 21150 - Stock Clerk 11,53 21210 - Tools And Parts Attendant 17.13 21410 - Warehouse Specialist 14.54 23000 - Mechanics And Maintenance And Repair occupations 14.$4 23010 - Aerospace Structural Welder 23021 - Aircraft Mechanic I 30.78 23022 - Aircraft Mechanic II 29.10 23023 - Aircraft Mechanic ISI 30.78 23040 - Aircraft Mechanic Helper 31,94 23050 - Aircraft, Painter 20,38 23060 - Aixcraft Servicer 24.41 23080 - Aircraft Worker 23.55 23110 - Appliance Mechanic 24.58 23120 - Bicycle Repairer 20.11 23125 - Cable Splicer 15.41 23130 - Carpenter, Maintenance 32.94 23140 - Carpet Layer 27.67 23160 - Electrician, Maintenance 21.12 23181 - Elactronics Technician Maintenance T 30.18 23182 - Electronios Technician Maintenance II 23.67 23183 - Electronics Technician Maintenance 111 25.21 23260 - Fabric Worker 26.76 23290 - Fire Alarm System Mechanic 23,87 23310 - Fire Extinguisher Repairer 22.37 23311 - Fuel Distribution System Mechanic 20.03 23312 - Fuel Distribution System Operator 25.94 23370 - General Maintenance Worker 19,83 23380 - Ground Support Equipment Mechanic 23.26 . 23381 - Ground Support Equipment Servicer 29.10 23382 - Ground Support Equipment Worker 23.55 23391 - Gunsmith I 24.58 20.03 EROIGSA• 15.0007 Attaohmont 3 - Wage Determination 23392 - Gunsmith 11 23393 - Gunsmith ITI 23 16 23430 - Heavy Equipment Mechanic 26.19 23440 - Heavy Equipment operator 28.30 23450 - instrument Mechanic 32.18 23465 - Laboratory/Shelter Mechanic 27 13 23470 - Laborer 24.67 23510 - Locksmith 12.49 23530 - Machinery. Maintenance Mechanic 20.69 23550 - Machinist, Maintenance 27.12 23560 - Maintenance Trades Helper 25.41 23591 - Metrology Technician I 14.82 23592 - Metrology Technician II 27.13 23593 - Metrology Technician 111 28,74 23640 - Millwright 31.63 23710 - Office Appliance Repairer 25'45 23760 - Painter, Maintenance 20'86 23790 - Pipefitter, Maintenance 21.05 23810 - Plumber, Maintenance 25'74 23820 - Pneudraulic Systems Mechanic 24.24 23850 - Rigger 26.19 23870 - Scale Mechanic 26'81 23890 - Sheet -Metal worker, Maintenance 23.16 23910 . - Small Engine Mechanic 24.34 23931 - Telecommunications Mechanic 1 18.70 23932 - Telecommunications Mechanic II 26.30 23950 - Telephone Linemen 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 Aida 16.03 24620 - Family Readiness And Support Services 10.57 Coordinator 16.03 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 - VenLilation E Equipment Tender 27.59 25210 - Water Treatment Plant Operator 19.34 27000 - Protective Service Occupations 27004 - Alarm Monitor 27007 - aaggage�inspector 23.77 27008 - Corrections officer 13.15 27010 - Court Security officer 31.01 27030 - Detection Dog Handler 31.00 27040 - Detention officer 23.77 27070 - Firefighter 31.01 27101 - Guard 1 29.97 27102 - Guard 11 13.15 271.33. - Police Officer I 23.77 27132 - Police Officer 11 36.78 28000 - Recreation Occupations 40.87 28041 - Carnival Equipment Operator 28042 - Carnival Equipment Repairer 12,76 28043 - Carnival Equpment Worker 13 74 28210 - Oats Attendant/Cate Tender 9'67 14,16 BRQIGSA-150007 Attachment 3 - Wage Datetmination 283 283 286 285 286 286 29000 2901 2902 2903 2904 29n4 30000 3001 3001 3001 30021 3002 3002 3003 3004 3006 300b 3006 3006 3008 30082 30083 30084 30005 30086 30090 30210 30240 30361 30362 30363 30364 30390 30461 30462 30463 30491 30492 30493 30494 30495 30520 Surfs 30621 31000 - 31020 31030 31,043 31260 31290 31310 31361 31362 31363 31364 10 - Lifaguard 50 - Park Attendant (Aide) 10 - Recreation Aide/Health Facility Attendant 15 - Recreation Specialist 30 - Sports Official 90 - Swimming Pool Operator - Stevedoring/Longshoremen Occupational Services 0 - Blocker And Bracer 0 - Match Tender 0 - Line Handler 1 - Stevedore I 2 - Stevedore 11 - Technical Occupations 0 Air Traffic Control Specialist, Center (RFO) (see 2) 1 Air Traffic Control Specialist, Station (HPO) {sea 2) 2 - Air Traffic Control Specialist, Terminal (HFO) (see 2) - Archeological Technician I 2 - Archeological Technician rI 3 - Archeological Technician III 0 ^ Cartographic Technician 0 - Civil Engineering Technician 1 - Drafter/CAD Operator I 2 - Drafter/C" operator II 3 - Drafter/CAD Operator ISI 4 - Drafter/CAD Operator IV 1 Engineering Technician I Engineering Technician II - Engineering Technician III - Engineering Technician IV - Engineering Technician V - Engineering Technician VT - Environmental Technician - Laboratory Technician - Mathematical Technician - Paralegal/Legal Assistant I - Paralegal/Legal Assistant Ir - Paralegal/Legal Assistant III - Paralegal/Legal Assistant IV - Photo -Optics Technician , Technical Writer I ^ Technical Writer II - Technical Wri.tar III - Unexploded Ordnance (UXO) Technician - Unexploded Ordnance 01X0) Technician - Unexploded Ordnance IUXO) Technician - Unexploded (UXO) Safety Escort - Unexploded (UXO) Sweep personnel - Weather Observer, Combined Upper Air ce Programs T SI ISI Or (see 21 - Weather Observer, Senior (see 2) Transportation/Mobile Equipment Operation Occupations - Bus Aide - Bus Driver Driver Courier - Parking and Lot Attendant - Shuttle Bus Driver - Taxi Driver, - Truckdriver, L4ght - Truckdriver, Medium Truckdriver, Heavy Truckdriver, Tractor -Trailer 13,48 15,63 11.56 19.61 12,61 16.97 23.42 23.42 23.42 21.88 24,95 39.65 27.98 30,26 22.52 24.21 34.46 34.46 30,78 24.86 27,81 31.00 30.15 19.60 22.09 24.70 30.60 37,43 45.29 27,72 23.13 33.92 21.83 27,04 33.08 40,03 33,92 23.62 28.89 34,96 25.32 30,64 36.72 25,32 25.32 30.42 33.79 13.63 19.62 13,27 9.39 14,48 13,23 14,48 20,63 21,78 21.78 EROJOSA-15-0007 Attachment 3 - Wage Determination 99000 - Miscellaneous occupations 99030 - Cashier 99050 - Desk Clerk 12,13 99095 - Embalmer - 12.65 99251 - Laboratory Animal Caretaker I 23.19 99252 - Laboratory Animal Caretaker II 11'02 99310 - Mortician 12.08 99410 - Past 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 Clerk 18 76 99820 - School Crossing Guard 17,13 99830 - survey Party Chief 9.51 99831 - Surveying Aidan 37.97 99932 - Surveying Tschnic.a.an 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; $4,02 per hour or $160.80 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 5 years, and 4 weeks after 15 years. Length of service includes the whole span of continuous service with the present contractor or successor., wherever employed, and with the Predecossor contractors in the Performance of similar work at the game Federal facility. (Reg. 29 CFR 4.173) HOLIDAYS: A minimum of tan paid holidays per year, New Years 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,) (Sem 29 CFR 4174) THE OCCUPATIONS WHICH HAVE NUMBERED FOOTNOTES IN PARENTHESES RECEIVE THE FOLLOWING, 1) COMPUTER EMPLOYEES: Under the SCA at section $(b), this wage determination flees not apply to any employee who individually qualifies as a bona fide executive, administrative, or professional employee as defined in 29 C.F,R, Part 541. Because most Computer System Analysts and Computer Programmes who are compensated at a rate Programmers not less than $27,63 (or on a salary or fee basis at a rate not less than $455 per week) an hour would likely glalify as exempt computer professionals, (29 C.F.R. 541. 400) wage rates may not be listed on this wage determination for all occupations within those job families. In addition, because this wage determination may not list a wage rate ,for some ox 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 conformanoes may be necessary for certain nonexempt employees. For example, if an individual employee within the scope Of one of the Compis nonexempt but nevertheless performs duties uter Systems Analyst ar Computer Programmer occupations for which this wage determination does not specify an SCA wage rate; then the wage rate for that employee must be conformed in accordance with the EROIGSA-15.0007 Attachment 3 - Wage Deternlination 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 net determinative o£ the application of the computer professional exemption. Therefore, the exemption applies only to computer employees who satisfy the compensation requirements and whose primary duty consists of: (1) The application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) The design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (9) 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 a SUNDAY PAYt if you work at night as part of a regular tour of duty, you will earn a night differential and receive an additional 108 of basic pay for any hours worked between bpm and Gam, 2f 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 258 of your basic rate for each hour of Sunday work which is not overtime (i.a, occasional work on Sunday outside the normal tour of duty is considered overtime work), HAZARDOUS FAY D1'FFCRENTIAL; An B 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, includes work such as screening, and incendiary materials, This blending, dying, mixing, and pressing of sensitive ordance, explosives, and pyrotechnic compositions such as lead azide, black powder and photoflash powder. All dry -house activities involving propellants or explosives, Demilitarization, modification, renovation, demolition, and maintenance operations on sensitive ordnance, explosives and incendiary materials. All operations involving regrading and cleaning of artillery ranges. A 4 percent differential .is applicable to employees employed in a position that represents a low degree of hazard when working with, or in close proximity to ordance, (or employees possibly adjacent to) explosives and incendiary materials which involves potential "Jury 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 ar adjacent work area or equipment being used. All operations involving, unloading, storage, and hauling of ordance, explosive, and incendiary Ordnance material other than small arms ammunition. These differentials are only applicable to work that has been specifically designated by the agency for ordance, explosives, and incendiary material differential pay, " UNIFORM ALLOWANCE °* If employees are required to wear uniforms in the performance of this contract (either by the terms of the Government contract, by the employer, by the stata or local law, etc,), the cost of furnishing such uniforms and maintaining (by laundering or dry cleaning) such uniforms is an expense that may not be borne by an employee where such cost reduces the hourly rate below that required by the wage determination. The Department of Gabor 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 oust or to reimburse employees for the actual BROTOSA-15-0007 Attachment 3 - Wage Determination coat of the uniforms. In addition, where uniform cleaning and maintenance is made the responsibility of the employee, all contractors and subcontractors subject to this wage determination shall (in the absence of a bona fide collective bargaining agreement providing for a different amount, or the furnishing of contrary affirmative proof as to the actual cost), reimburse all employees for such cleaning and maintenance at a rate of $3,35 per week (or $,67 cents per day). However, in those instancep 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 cleanllaesa 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 dasoribed in the "Service Contract Act Directory of Occupations", Fifth 4d4tlon, April 2006, unless otherwise indicated. Copies of the Directory are available on the Internet. A links to the Directory may be found on the WHD home page at http://www,dol. gOv/esa/whd/ or through the Wage Determinations On -Line MOL) Web site at http;//wdol.gov/, REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE (Standard Form 1444 OF 1444)} Conformance Process, The contracting officer shall require that any class of service employee which is not listed herein and which is to be employed under the contract (i.e „ the work to be performed is not performed by any classification listed in the wage determination), be classified by the contractor so as to provide a reasonable relationship (i.e., appropriate Level of skill comparison) between such nablnablunlietad classifications and the classifications listed in the wage determination. Such conformed classes of employees shall be paid the monetary wages and furnished the fringe benefits as are determined, Such conforming process shall be initiated by the contractor prior to the performance of contract work by such unlisted class(es) Of employees, The conformed classification, 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 determinations are included in a contract, a separate SF 1444 should be prepared for each wage determination to which a clasa(es) is to be conformed. The process for preparing a conformance request is as kollowso 1) When preparing the bid, the contractor identifies the need for a conformed oceupaticn(s) and computes a proposed rate(s), 21 After contract award, the contractor prepares a written report listing in order proposed rlaasi£ication tltla(s), a Federal grade equivalency (FGE) for each Proposed classi£icatian(s), job description(s), and rationale for proposed wage rate(s), including information regarding the agreement or disagreement of the authorized representative of the employees involved, or where there is no authorized representative, the employees themoolvos. This report should be submitted to the contracting officer no later than 30 days after such unlisted claos(es) of employees Performs any contract work, 3) The contracting officer reviews the proposed action and promptly submits a report of the action, together with the agency,a recommendations and pertinent information including the position of the contractor and the employees, to the Wage and Hour Division, Employment Standards Administration, U.S, Department of Labor, for review. (Hee section 4.6(b)(2) of Regulations 29 CPR part 4), 4) Within 30 days of receipt, the Wage and Hour Division approves, modifies, or EROIGSA-15.0007 Attaciament 3 - Wage Dototmination disapproves the action via transmittal to the agency contracting officer, or notifies the eantraeting officer that additional tams will be required to process the request. 51 The contracting officer transmits the wage and Hour daoiaiop to the contractor, 51 The contractor informs the affected employees, Tnformation required by the Regulations must be submitted on SP 1994 or bond paper, When Preparing a conformance request, the "Service Contract Act directory of occupations" {the DirecterY) should be used to compare job definitions to .insure that duties requested are not performed by a classification already listed in the wage determination, Remember, it is not the ,job title, but, the required tasks that determine whether a class is included in an established wags termination, de Conformances maty not be used to artifioially split, combing, de subdivide classifications listed in the wage determination. [10 Attachment 4 EROIGSA-15.0007 ATTACHMENT 4: INCORPORATION OF DIIS FREA STANDARDS This document incorporates the requirements from Subpart A of the U.S, Department of Homeland Security (DFI5) regulation titled, "Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities," 79 Fed, Reg, 13100 (Mar, 7, 201 4) that are specifically 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 PREA standards shall supersede; 115.6 Deflnftions Relatod 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) -Sxual abuse of a deta. oo by another detainee includes airy of the following acts by one or mora 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 engage in: (a) Contact between the penis and the vulva or anus and, 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 obj act; (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 or communications by one or more detainees aimed at coercing or pressuring another detainee to engage in a sexual act. (3) Sexual abuse of a detafiiec by a staff member ontr rotor 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 purposes of this subparagraph, contact involving the penis upon penetration, however slight; (b) Contact between the mouth and the penis, vulva, or anus; (o) Penetration, however slight, of the anal Or, genital opening of another person by a hand or finger or by any object that is mrrolated to official duties or where the staff member, contractor, or volunteer Inas 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 tine 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, hndecent, profane or abusive language, or other actions or communications, aimed at coercing 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 inmate, detainee, or resident, or (h) Voyeurism, which is defined as the inappropriate visual surveillance of a detainee for reasons unrelated to official duties. Where not conducted for reasons relating to official duties, the, following are examples of voyeurism: staring at a detainee who is using a toilet EROIGSA-15.0007 ATTACHMENT 4: INCORPORATION OF DHS PREA STANDARDS in las or her pelf to perform bodily functions; requiring an inmate detainee to expose his or her buttocks, genitals, or breasts; or taking images of all or P'u't of a detainee's naked body or of a detainee performing bodily functions, PRE VENTION PLANNING 115,11 ,Zero tolerance of sexual abase' Prevention of Sexual Assault Coordinator (1) Each facility shall have a written policy mandating zero tolerance toward all forms of sexual abuse and outlining the facility's approach to preventing, detecting, 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 Sexual Assault Compliance manager (FSA Compliance Manager) who shall serve as the facility point of contact for the ICE PSA Coordinator and 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 moultorrins (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 docuuuent comprehensive detainee supervision guidelines to deterarine and meet the facility's detainee supervision needs, and shall review those guidelines at least amorally. (3) In determining adequate levels of detainee suporvision and determining the necd for video monitoring, the facility shall take into consideration generally accepted detention and correctional practices, any judicial findings 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 occurring, unless such announcement is related to the legitimate operational functions of the facility, 115.15 Limits to cross -vender viewiaa and searches (1) Searches may be necessary 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 innugration detention facilities, (2) Crass -gender pat -down searches of male detainees shall not be conducted unless, after reasonable diligence, staff of the sane gender is not available at the time the pat -down search is required or in exigent circumstances, (3) Cross-gendor pat -down searches of female detainees shall not be conducted unless in exigent circumstances. (4) All cross -gender put-down searches shall be documented, (5) Cross-gcndor strip searches or cross -gender visual bony cavity searches shall not be conducted except in exigent circumstances, including consideration of officer safety, or when performed by medioal practitioners, Facility staff sball not conduct visual body cavity searches of juveniles and, instead, shall refer all such body cavity searches of juveniles to a medical practitioner, BROTOSA-15.0007 ATTACIMNT 4: TNCORPORATION OF DHS 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, except in exigent circumstances or when such viewing is incidental Co routine cell checks or is otherwise appropriate in coir action with a medical examination or monitored bowel. movement. Such policies and procedures shall require staff of the opposite gender to announce their presancc 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 detainee 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 of intake or other processing procedure conducted in private, by a medical practitioner, 115 16 Accommodating detainees with dlsabliltles and detainees who are limited English proficient (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 who are blind or have low vision, or those who have intellectual, psychiatric, or speech disabilities) have an equal oppertmuity 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 ensure 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 agency 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 disab lities, including detainees who have intellectual disabilities, limited reading skills, or who are 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 admiiiistrativc burdens, as those tornis are used in regulations Promulgated under title Tl of the Americans with Disabilities Act, 28 CFR 35.164. (2) The agency and each facility shall take steps to ensure metmingAil, access to all aspects of the agency's and facility's efforts to prevent, detect, and respond to sexual abuse to detainees who are 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 fie 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. 119.19 Hiring 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 vohmteer 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 EROIGSA-15-0007 ATTACHMENT 4; INCORPORATION 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 viotim did not consent or was unable to consent or refuse; or who has been civilly or achninistratively adjudicated to have engaged in such activity. (2) An agency or facility considering hiring er 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 applications 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 applicant 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 whether 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 fox those facility staff who may have contact with detainees and who work in imm gration.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 conclusions, (5) Material omissions regarding such misconduct, or the provision of materially false information, shall be grounds for ternrination or withdrawal of an offer of employment, as appropriate, (G) lu 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 ITnerades to facilities aad tecl nolo ics. (1) NVlieri designing or acquiring any new facility and in planning any substantial expansion or i modification of existing facilities, the facility or agency, as appropriate, shall consider the effect 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 immigratlon detention facility, the Facility or agency, as appropriate, shall consider how such technology may enhance their ability to protect detainees from sexual abuse. RESPONSIVE PLANNING 115,21 Evidenee mrofncol.Q and forensic medical examinations. (1) To the extent that the agency or facility is responsible for lnvestigating allegations of sexual abuse involving detainees, it shall follow n uniform evidence protocol that maximizes the potential for obtaining usable physical evidence for administrative proceedings and criminal prosecutions. The protocol shall be developed in coordination with DHS and shall be developmentally appropriato for juveniles, where applicable, EROIGSA-15-0007 ATTACHMENT 4: INCORPORATION Qlr DHS 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 provicle 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 making available a qualified staff member from a community-based organization, or a qualif ed agency staff member, A qualified agency staff member or a qualified community-based 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 cost 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 Examiner (SANE) where practicable. If SAFES or SANEs cannot be made available, the examination can be performed by other qualified health pare 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 invcstigating agency follow the requirements of paragraphs (1) through (4) of this section. 115.22 Policies to ensure invOtigatlon of allegations and apllronrilteaecncv oversisht (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 onseze 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 require 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 criminal investigations. A facility nuay separately, and in addition to the above reports and, referrals, conduct its own investigation, (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 juurisdiction for investigation. (6) When a staff member, contractor, or volunteer is alleged to be the perpetrator of detainee sexual abuse, the facility shad ensure Chat the Incident is promptly reported to the Joint Intake'Cenwr, the IC:E Office of Professional Responsibility or the D1 -1S Office of Inspector General, as well as to the appropriate ICE.Field Office Director, and to the local government ent[ty or contractor that BROIGSA-15-0007 ATTACHMENT 4; INCORPORATION OF DRS PRE, A STANDARDS owns or operate:, the facility. IEtlre incident is potentially a iminal, the faoility shall ensare that it is promptly referred to an appropriate law enforcernent agency having Jurisdiction for investigation. TRAINING AND EDUCATION 115,31 Staff tralnW , (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 raider this part, 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 fkee 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) Flow to avoid inappropriate relationships with detainees; (g) flow to cormnmicate effectively and professionally with detainees, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming detainees; (h) Procedures for reporting knowledge or suspicion of sexual abuse; and (i) The requirement to limit reporting of sexual abuse to personnel with a necd-to-know in order to make decisions concerning the victiva'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 Otlrer training. (1) The facility shall ensure that all volunteers and other contractors (as defined in paragraph (4) of this section) who have contact with detainees have been trained on their responsibilities under the agency's and 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 other contractors who have contact with detainees shall be 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 eonfumiation that volunteers 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 Detaigee education. (1) During the intake process, each facility shall ensure that the detainee orientation program notifies and informs detainees about the agency's mid the facility's zero -tolerance policies for all forms of sexual abuse and includes (at a minimlun) instruction on; EROIGSA-15-0007 ATTACHMENT 4: INCORPORATION OF DES PRE STANDARDS (a) PrevenUcn and intervention siTategies; (b) Definitions and examples of detainee -on -detainee sexual abuse, staff-on-detaince 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 point-ofcontact line officer (e.g., the compliance manager or a mental health specialist), the DHS Office of Inspector General, and the Joint Intako Center; (d) Information about self-protection and indicators of sexual abuse; (e) Prohibition against retaliation, including an explanation that reporting sexual abuse shall not 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 instruction in formats accessible to all detainees, including those who are limited. English proficient, deaf, visually impaired or otherwise disabled, as well as to detainees who have limited reading skills. (3) The facility shall maintain dacumontation of detainee participation in the intake process 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, (S) The facility shall m4,:a available and distribute the DHS -prescribed "Sexual Assault Awareness Information" pamphlet, (6) Infornnation about reporting sexual abuse shall be included in the agency Detainee Handbook made available to all immigration detention facility detainees. 15.34 Sueetalized training: Investigations (1) In addition to the general training provided to all facility staff and employees pursuant to § 115,3 t, the agency or facility shall provide specialized training on sexual abuse and effective cross -agency coordination to agency or facility investigators, respectively, who conduct investigations into allegations of sexual abuse at imndgration detention facilities, Alt investigations into alleged sexual abuse must be conducted by qualified investigators. (2) The agency and facility must maintain written docuaxrentation verifying specialized training provided to investigators pursuant to this section. 115.39 Specialized training Medical and mental health air® (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 victimization itrad abusiveness (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 steps to mitigate any such danger. Each new arrival shall be kept separate from the general population until he/she is classified and may be housed accordingly. EROIGSA• 15.0007 ATTACHMENT 4: INCORPORATION OF DHS PREA STANDARDS (2) The initial classification process slid 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 detainecs 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; (f) Whether the detainee has any convictions for sex offenses against an adult or child; (g) Whether the detainee has golf -identified as gay, lesbian, bisexual, transgender, intorsex, or gender nonconfor ing; (h) Whether the detainee has self -identified as having previously experienced sexual victimization; and (i) The detainee's own concerns about his 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'srisk 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 this section, ('n The facility shall implement appropriate controls on the dissemination within the facility of responses to questions asked 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 Use of assessment 111formation. (1) The facility shall use the information from the risk assessment under § 115.41 of this part w inform assigranoet of detainees to housing, recreation and other activities, and voluntary work, The agency shall make individualized determinations about how to ensure the safety of oath detainee, (2) When making assessment and housing decisions for a transgender or intersex detainee, the facility shall consider Che detainee's gender sail ldentffication and an assossnacat of the effQots of placement on the detainee's health and safety, The facility shall consult a medical or mental health profesalonal as soon as practicable on this assessment. The facility should not base placement decisions oftransgender or Intersex detainees solely on the identity documents or Physical anatomy of the detainee; a detainee's self:idantification o£ his/her gender and self, assessment of safety needs shall always be taken into consideration as well, The facility's pfacemont of a transgender or intersex detainee shall be consistent whh the safety and security consideraticnns of the facility, and placement and programming assignments for each transgender or intersex detainee shall be reassessed at least twice catch year to review any threats to safety experienced by the detainee. (3) When operationally feasible, transgooder and intersex detafneos shall he given the opportunity to shower separately from other detainees. 115.43 Protective custody, EROIC.SA-15.0007 ATTACI•IMFNT 4: INCORPORATION OF DEIS PREA 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 ICE Enforcement and Removal Operations Field Office Director having jurisdiction for the facility, must document detailed reasons for placement of anindividual in administrative segregation on the basis of a vulnerability to sexual abuse or assault, (2) Use of administrative segregation by facilities to protect detainees vulnerable to sexual abuse or assault shall be restricted to those instances where reasonable efforts have been made to provide appropriate housing and shalt 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 lllcoly 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 those detainees access to programs, visitation, counsel and other services available to the general population to the maximum extent practicable. (4) Facilities shall implement written procedures for 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 scgregation, whenever a detainee has been placed in administrative segregation on the basis of a vulnerability to sexual abuse or assault. REPORTING 115.51 Detainee renarl'1nd (1) The agency and each facility shall develop policies and procedures to ensure that detainees 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 oanfidentially 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 detainee 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 Cc promptly document any vat -bat reports 115,52 Grievances. (1) The facility shall permit a detainee to file a formal grievance related to sexual abuse at any hire during, after, or in lieu of lodging an informal grievance or complaint, (2) The facility shall not impose a time limit on when a detainee may submit a grievance regarding an allegation of sexual abuse. r— EROK?SA-15.0007 ATTACHMENT 4: INCORPORATION OF DHS PRE STANDARDS (3) The facility shall implement written procedures for identifying and handling time -sensitive grievances that involve an immediate threat to detainee health, safety, or welfare related to sexual abuse. (4) Facility staff shall bring medical emergencies to the immediate attention of proper medical Personnel for further assessment, (5) The facility shall issue a decision on the grievance within five days of receipt and shall respond to an appeal of the grievance decision within 30 days. Facilities shall gelid all grievances related to sexual abuse and the facility's docisious with respect to such grievances to the appropriate ICE Field Office Director at the and of the grievance process. nee may Obtain assistance from =othedetainee, the housing (5) To n office oar other facility staff, ftamily members, or legal representatives, Staff shall ace reasonable Steps to expedite requests for assistance from these other parties, 115.53 Detainee a cess to ou ide confidential al ort services (1) Each facility shall utilize available community 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 peovide legal advocacy and confidential emotional 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 abuseprovention 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, including malliag addresses and telephone numbers (including toll -fres 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 communicadous will be monitored and the extent to which reports f abuse will be forwarded to authorities in accordance with mandatory reporting laws, 115,54 Third -party reporting (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 sport sexual abuse on behalf of a detainee, OFFICIAL RESPONSE FOLLOWING A DETAINEE REPORT 115.61 Staff reporting duties, (1) The agency and each facility shall require all staff to report immediately and 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 investigation about such an inoidolu; 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 drat the facility specifies appropriate reporting procedures, including a method by which staff can report outside of the chair of command. (2) Staff members who become aware of alleged sexual abuse shall hrnnediately follow the reporting 10 EROIGSA-15.0007 ATTACHMENT 4: INCORPORATION OF DIIS PRE' A STANDARDS requirements 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 necessary to help protect the safety of the victim or prevent fiuther victimization of other detainees or staff in the facility, or to make medical treatment, investigation, law enforcement, or other secttrity and management decisions. 115.62 Protection duties (1) If an agency employee or facility staff member has a reasonable belief that a detainee is subject to a substantial risk of imrninent sexual abuse, he or she shall take immediate action to protect the detainee. 1 5.6 Re ortin to other coni nement Iacilities. (1) Upon receiving an allegation that a detainee was sexually abused while confined at another facility, the agency or facility whose staff received Cha 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 Us subpart, shall ensure that the allegation is referred for investigation in accordance with these standards and reported to the appropriate ICE Field Office Director, 1.15.64 Responder ditties. (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 dostroyphysicat evidence, including, as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, 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, including, its appropriate, washing, brushing teeth, 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 respensc to an incident of sexual abuse, (2) Each facility shall use a coordinated, multidisciplinary 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 bylaw, inform the receiving facility of the incident and the 11 ER0I0SA-15-0007 ATTACHMENT 4: INCORPORATION OF DHS PREA STANDARDS viotitn's potential need for medical or social services, (4) If a victim is transferred between DHS immigration detention facilities or to a non -DHS facility, the sending facility shall, as permitted 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. 115.66 Protection of detaiueeg 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 Agency protection against retaliation (1) Staff, contractors, and volunteers, and immigration detention facility 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 abase, 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 Post-nllegation arotective custody (1) The facitity shall talce care to place detainee victims of sexual abuse in a supportive environment 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 or at the request of the detainee, (3) A detainee victim who is in protective custody atter having hoeu subjected to sexual abuse shall not be returned to the general population until completion of a proper re -assessment, taking into consideration any increased vulnerabllity 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, INVESTIGATIONS 115,71 Criminal and atninistraNve investigations. (1) If the facility has responsibility 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 criminal investigation reports to determine whether an aduainistrative investigation is necessary or appropriate, Administrative investigations shall be conducted after consultation with the appropriate investigative office within DUS, and, the assigned criminal investigative entity, (3) (a) The facility shall develop written procedures for administrative investigations, including provisions .requhing: i, Preservation of direct and circumstantial evidence, including any available physical and DNA evidence and any available electronic monitoring data; it (ii) Interviewing alloged victims, suspected perpetrators, and witnesses; 12 ERCIOSA-15-0007 ATTACIINIENT 4: INCORPORATION OF DHS PREA STANDARDS UL (iii) Reviewing prior complaints and. reports of sexual abuse involving the suspected 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 polygraph; v. (v) An effort to determine whether actions or failures to act 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 pn000dures 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 nen-interference 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 informed about the progress of the investigation. DISCIPLINE 115.76 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 s.gency 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 aoMoe 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 their position and from the Federal service is the presumptive disciplinary sanction for staff who have engaged inor attempted or threatened to engage in sexual abuse, as defined under 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 "saxual abuse of a detainee by a staff mecabor, contractor, or volunteer" in § 115.6. (3) Eacll facility shall report all removals or resignations in her. of removal for violations of agency or facility sexual abase policies to appropriate law enforcement agencies, unless the activity was clearly not criminal. (4) Each facility shall mance reasonable efforts to report removals or resignations in lieu of removal for violations of agency or facility sexual abuse policies to any relevant licensing bodies, to the extent laiown. 115 77 Corrective action for contractors and ,volunteers, (l) 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 FROIGSA-15.0007 ATTACHMENT 4: INCORPORATION OF D118 PRE+A STANDARDS body, to the extent known, incidents of substantiated sexual abuse by a contractor or voluntoer, Such incidents shall also be reported to law enforcement agencies, unless the activity was clearly not criminal, (2) Contractors and valttuteers 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 er volunteers who have not engaged in sexual abase, but have violated other provisions within these standards, 115.78 Diselplinary 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 rales 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 or 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 cons cut to such contact. (6) For the purpose of disciphncuy action, a report of sexual abase 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. MEDICAL AND N tuf NTAL CARE 115.811VCedical and mental health assessments lais or of sexual base. (1) If the assessment pursuant to § 115.4 t indicates that a detainee has experienced prior sexual victimization or perpetrated sexual abuse, staff shall, as appropriate, ensure that the detainee is lmmedimely 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 working 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 access to emergencymedical and mental h alit services, (1) Detainee victims of sexual abuse shall have timely, unimpeded access to emergency medical treatment and crisis intervention services, including enrergcncy 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 On otn mcdlcal and mental health care for sexual abuse vie ims and ab caeca, 14 EROIGSA-15.0007 ATTACHMENT 4: INCORPORATION OF DHS PRE' A STANDARDS (1) Each facility shall offer nredical and mental health evaluation and, as appropriate, treatment to all detainees who have been victimized by sexual abuse while in immigration detentien, (2) The evaluation and treatment of such victims shall include, as appropriate, follow-up services, treattnent plans, and, when necessary, referrals for continued care following 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 community level of care. (4) Detaimo victims of sexually abusive vaginal penetration by a male abuser while incarcerated shall be offered pregnancy tests. Lfpregnancy results from 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 while detained shall be offered tests for sexually transmitted infections as medically appropriate. (6) Treatment services shall be provided to the victim without financial cast 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 lmown 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 115,86 Sexual abuse incident rgyiew,& (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 chango in policy or practice could better prevent, detect, or respond to sexual abuse, The facility shall implement the recommendations for improvement, or s1�111 document its reasons for not doing so in a written response. Both the report and response shall be forwarded to the Field Office Director, for transmission to the LCE PSA Coordinator, (2) The review team shall consider whether [lie incident or allegation was motivated by race; ethtricity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived statins; or gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility. (3) Each facility shall conduct an annual 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 bad nary reports of soxual 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 adminkrator 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, including incident reports, investigative reports, offender information, case disposition, medical and counseling evaluation findings, and recommendations for post-rolease treatment, if necessary, and/or counseling in accordance with these standards and applicable agency policies, and in accordance with established schedules, is EROIGSA-15-0007 ATTACHMENT 4; INCORPORATION OF DHS AREA STANDARDS (2) On an ongoing basis, the PSA Coordinator shall work with relevant facility PSA Compliance Managers and D14S entities to share data regarding effective agency response methods to sexual abuse, AUDITS AND COMPLLANCE 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 experiencing problems relating to soxual abuse, The agency may also include referrals to resources that may assist the facility with PREA-related issues. ADDITIONAL PROVISIONS IN AGENCY POLICIES 115.95 Additional provisions in agency 1) ides (1) The regulations in this subpart A establish minimum requirements for agencies and facilities. Agency and facility, policies may include additional requirements, 16 Attachment 5 EROIGSA-15-0007 ATTACHMENT 5, STAFFING PLAN City of 4e�!alt )1W®RSE'r Personnel for Santa Ana Jail II a Full -Time or Part-time Number of oslfilnns Jail Administrator FT 1 Police Administrative Manager FT q 5 Correctional Supervisor FT g Correctional Officer F7 81 Security Electronics. Tech FT 1 Sr, Office Assistant FT 0.5 Lead Correctional Records Specialist FT 4 Sr, Correctional Records Speclallst FT g Correctional Records Specialist FT 2 Police COet PT 1 Police Records Cleric II PT 1 Senior Clerical Aide PT 1 Sr. Correctional Records Specialist PT 1 Stores Alde PT 1 Total number of SA1 Staff 113 Note: 49,16 staff would be required to supervise ADP of 200 ICE Detainees based on shared ADP of 460110E 200 Bed Count- 43,5% ' hCare Staffing Sif%49I""ltl';',, _ ice, MO .e...xr�.IEidii Health SGrAceS Administrator (RN) 1 Adminisirative Asslstant 1 Nledioal Direotor/Physlclan (On-call 24/7) 0 9 NP/PA 1 RN -Charge 1A LVN 14 LVN 1.4 Psychiatrist 0,2 SW/Psych RN 1A Dentist 01 Dental Assistant 01 RN -Char e 1.4 LVN - Mod Pass 1.4 LVN - Med Pass 1A RN - Char s 1.4 LVN - Med Pass 14 Total number of SAJ Medical Staff 18.1 Note: At 460 ADPI200 /CE Local staffinct would be = o: 7 F7'E or medical ersonnel.