Collier County Naples Jail Center (florida) - Intergovernmental Service Agreement (igsa) With Ice

IGSA #DROIGSA-07-0024 INTER-GOVERNMENTAL SERVICE AGREEMENT BETWEEN THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT OFFICE OF DETENTION AND REMOVAi AND COLLIER COUNTY, NAFLES FLORIDA This Inter-Governmental Service Agreement ("Agreement") is entered into between United States Department of Homeland Security Immigration and Customs Enforcement ("ICE"), and COLLIER COUNTY, NAPLES FLORIDA ("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 instinttion(s): Collier County Naples JaU Center 3301 E. Tamiami Trail, Bldg. J Naples, FL 34112 Article 1. Purpose A. Purpose: The purpose of this Intergovernmental Service Agreement (lGSA) is to establish an Agreement between ICE and the Service Provider for the detention, and care of persons detained under the authority of the Immigration and Nationality Act, as amended. All persons in the custody of ICE are "Administrative Detainees". This term recognizes that ICE detainees are not charged with criminal violations and are only held in custody to assure their presence throughout the administrative hearing process arid 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 Agreement states the services the Service Provider shall perform satisfactorily to receive payment from ICE at the rate prescribed in Article I, C. C. Guidance: This is a fixed rate agreement, not a cost reimbursable agreement, with respect to the detainee day rate. The detainee day rate is $71.00. ICE shall be responsible for reviewing and approving the costs associated with this Agreement and subsequent modifications utilizing all applicable federal procurement laws, regulations and standards in arriving at the detainee day rate. Article II. General A. Funding: The obligation of ICE to make payments to the Service Provider is contingent upon the availability of Federal funds. ICE will neither present detainees to the Service Provider nor direct 1

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performance of any other services until ICE has the appropriate funding. Orders will be placed under this Agreement when specific requirements have been identified and funding obtrlned. Performance under this Agreement is not authorized until the Conttacting Officer issues an order, in wtitiug. The effecI:M: date of the Agreement will be negotiated and speclfted in a deli.very orner to this Agreement that is supported by the ICE Contracting Officer. This Agreement is neither binding no< effectt"" unless slgr.ed by the ICE C.ontrnctl'lg Of&er. Payments at the approved rate will be paid upon the rerum of the signed Agreement by the authori7ed Local Government official to ICE. B. Suhcontractprs, The Servk:e Provider shall notify and oblllin approwi from the ICE Conttacting Officer's Technical Representative (COTR) or designated ICE offICial if ir intend.. In house ICE detainees in a fucility other than the Naples Iail Cenrer. If either that facility, or any future facility Is operated by an entity other than the Service Prcwlder, ICE shall treat the entity as a subcontractor to the Service Prcwider. The Service Prcwider shan obtain the Contracting OffICer's approval before ~JbcoottaCting the detonnon and .:are of detain""" to another entity. The Contracting Officer has the right to deny, withhold, or withdraw approval of the proposed subconttactor. Upon appttMl! by the Col'.tI&::::ing Offker, the Service PrcMder shan eneure tt-.ar any subcontract includes all provisions of !his Agreement, and shall provide ICE with copies of all suhcontradli. An paymen.. will be made to the Service PrcMdar. ICE will not accept invoices from, or make paymen.. to a subcontractor. C. Consistent with Low. This Is a firm fixed rate agreement, not cost reimbursable agreement. This Agreement is permitted under applicable statutes, regulation, policies ot judicial mandates. Arrt provision of this Agreement contra!)' to applicable statutes, regulation, policies or JudicIal mandates Is null and "old and .hall not """""",rJly aI!Oct the balan~ of the Agreement. Article m. COVIl:i'Ild Services

A BedaDace' The Service Provider ,hall provide maleltemale beds on a space available basis. The SeIVice Prcwider shall house an detainees as derermined within the Service PrcMder', classification system. ICE will be financially liable only for the actual detainee days as defined in Paragraph C of Article III. B. Bask Ned" 'The.Service Prcwider shall provide ICE del>i:!U:.. ",ith safelreep;ng. ho""k.g, subsistence, medical and other services in accotdance with this Agreement. In providing these servicea, the Sen'ice Provider .ball ensure compllonce wIth all applicabw laws, regulations, fire and satety codes, policies and pro<>:dures. If the SeIVice Provider d~r.nine& that ICE has delivered a pel'llOn for costndy who Ii under the age of eighteen (18), the Service Prcwider .hall not house that person with .dult detainees and shall immediately notify the ICE COTR or designated ICE official The types and levels of services shall be consistent with those the Service Provider routinely affonls other imnates. C. Unit of Setvjce and Financial! fah!!itv; The unit of service Is called • "detainee day" and is defined as one petron per day. The detainee day begin. on the d.", of ..-rivaL The Service Provider may b!1lICE for the date of arrival but not the date of departure. The Service Prcwider shall not c.'uuge for cos.. that are not directly related to the housing and detention of detainees. Such costs include but are not limited to: 2

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1) Salaries of eleered officiaL. 2) Salaries of employees not directly engaged in the housing and detmtion of

detaineeo 3)· Indirect costs in which .. pe=ntllge of.ll local govomment costs"'" pro-ruted and applied to individual depatttnenll! unless, those C08t are allocated under an approved Cost Allocation Plan 4) Detainee S<:TVioes which are not provided to, or cannot be used by, Federal detllin.cs 5) Operating cosll! of facilities not utilized by Federal detaineeo 6) Interest on borrowing (however represented), bond discounts, costs of financing/refmencing, =pt as preserlbed Ir{ OMB Clrculllr A-87. 7) Legal or professional fees (specifically legal expenses for prosecution of claims against the Fed"",: Government, legal expen... of individual cle1ainees ot inmates) 8) Contingencies D. Interoretive Service" The Service Provider ,hall malre special provisions for non-English speaking, handicspped or ilUterate detainees. ICE will reimburse the Service Provider for the actual co.ts associated with providing commercial written or telephone language interpretive seIVices. Upon request, ICE will assist the Servfce Provlder in obtaining translation services. The Service Provider .hall provide aU inBI:ructio,," ..,mal!y either in English or the detainees' Iallgllag<, os appropriare, to detainees who cannot read. The Service Provider shall include the actual costs that the Service Provider paid for such services on its monthly invoice. Except in emetgeney situation., the Service Provider shall not use detaineeo for translation services. If the SeMce Provider uses a detainee for tnnslation service, It shall notiJio' ICE within twenty-four (24) hoUtS of the translation service. E. Escort and TragsoOrt!!tion Services· The Service Provider will provide, upon request and as scheduled by ICE, necessary escort and transportation services for ICE detainees to and from de.ignared location.. Escort servi.". will be required for escorting detainee. to court hesrings; escorting witnesses to the courtroom and staged with the ICE Judge during administrative ~ingi. Tra."sportation s...1i= ..lulU be perfotmed br at least two (2) quallfled .worn law enforcement or correctional officer personnel employed by the SeIVice Provider under their poliei.., pl'O<:l!dures and authorities. See Article XVII. Article IV. fuceiving and DIscharging Detainees A Reqnired Activity: The Service Provider shall receive and dischatge detainees only to and from properly identified ICE personnel or other properly identified Federal law enforcement official. with prior awhorization from DHS/lCE. Presentation of U.S. Government identification shall oonstitutl! "proper ider.t'.JIcation." The Service Pr""ider sholl furnish receiving :md discharging services t:w<:nty-.four (24) hours per day, oeven (7) dal'S per week. ICE shall furnish the Service Provider with ",asonable notice of receiving and dl.charging detain.... The Service Provider shall ensure positive identiflcation and recording of detainees and ICE officers. The Service Provider shall not permit medical or emetgency discharges except through coordination with on-duty ICE officers. B. Emergency Situ_tio"," ICE detainees shall not be released from the facility into the custody of other Federa~ mi., or local officials for any reason, except for medical or emergency situations, without express authorization ofICE. 3

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C. ll.es1riC!!:d Release ofOe!ai!!!le§; The Service Provider ,hall not release ICE detainees from its physical custody to any persons other than those described in Parogtaph A of Article IV for any reason, except for either medical, other emergency situation., or in '"'Ponse to a rederal writ of habeas corpus. If an ICE deminee is sought for federal, state, or local proceedmg., only ICE may aumor'"" -rektie of the detain•• for sud> PUIpOSeS. The Service Provide, shall con:acl the ICE OOTR or deslgnared ICE official immediately regarding any such requests. D. Serviq: Pmyjder Right o£lWusai; The SelVic. Provider re!air.. the right to refuse ~ce, or request removal, of any detainee exhIbiting violent or disruptive behavior, or of any detainee found to h."" a medical condition that require, medical care beyond the ,cope of the Service Provider's health care provider. In the au;e of. detainee already in custody, the Service Provider shall notify ICE and request such removal of the detam.e from the facility. The Service Provider ,hall aIlow ICE reasonable time to rnalre alternative arrangements for the demm.e.

E. emcrgepfY Hwu::psti,)IU In tire ~-ent of Itt!. ernezr-r..cv requiring evacuation of the faciuty, the Service Provider ,hall evacuate ICE demlnoes in the same manner, and with the Same safegua.
SATISFAcroRY PERFORMANCE;

The Service Provider is required to house demin... and perform related detention services in accordance with the most current edition oflCB National Detention Standards (http;l/www.ke.gov/p..-t!..mI.."-~m.a!/illd§h!m). ICE In.pectors wi!! conduct periodic Inspections of the facility to !IS81h" compliance with rhe ICE National Detention Standards. Article VI. Medical Services

. A Auspices ofHeaIth Authority, The Service Provider shall provide ICE deminees with on..i", health cate services under the control of a local government deslgoated Health Authority. The Service Provider shall ensure equipment, supplies, and materials, as required by the Health Authority, are furnished rodellver health COte o....ite. B. Levelofprm;....jsmilism: The SeLVice Provider shall ensure that all health care aervice providers utilized for ICE dera!nees hold current licenses, certlfiCOtiODS, and/or regihealth care personnel may refur detainees to health care re.ources hased upon protocols developed by United States Public Health Service (USPHS) Division of Immigration Health SelVices (DlHS). C. Acre,. to Health Care, The Service Provider ,hall ensure that on.. ite medical and health care coverage as deflru:d below Is Mllable for .11 rCE detainees at the facil!ty fur at Ie..t eight (8) hout!! per day, ....;en (7) da)'S per.....ek. The Service Provider sh.ali ensure that illl employees soli':!l ea<:h detainee for health complaints and deliver the complaints n1 writing to the medical and health care

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staff. The Service Provider shall furnish the detainees instructions in his or her nati.. language for gaining a=ss to health ClL.-e setvices as prescr'.bed in Article Ill, PIUllg",ph D. D. On.si'" Health Care: The Setvioe Provider shall furnish on-site health care under this Agreemenc The Service Provider .hall not charge any ICE detainee an additional fee or Co-payment for medlc:al servi.... or treatment provided at the Service Provider'.liu:illty. The Service Ptovider shall ensure that ICE detainees recei.. no lower level of on.. l", medical care and service. than those it provide. to local inmates. O""ite health care servioes shall include arrival screening"within twenty-four (24) he","" of __TIivslat the facililV, sick call """"rnge, provision of QOer.theocounter medicatiOfiS, treannent of minor injurks (e.g.iac:eratiotl$, i5prains, and contusions), treatment of 'Pedal needs and mental health """""",,,ents. Detainees with chronic conditions shall receive prescribed treatment and follow.up care.

E. Am",,! Screening; Arrival screening shall include at a minimum TB symptom screening, planting of the Tuberculln Skin Test (PPD), and recording the history of past and present illnesses (mental and ph~kal). The health care service provider or trained health care personnel may perform the arrival screening.

F.

of 0000 ....1 with Fgreme He.!th ConditiO!lll; If the Set.lce Provider determines that an [CE detainee baa a medical condition which renders that person unacceprable for detention under tllli Agreement, (for eXample, conmglws d:sea.., condition ru:erling Life support, uncontrollable violence). the Service Provider shall notify the ICE COTR or the designared ICE official. Upon such notltlcation the SerYice Provider ,hall aHow ICE reasonable time to make the Ag;.p!l!00!

proper anangemenlB for further disposition of that detainee.

G. DIHS PreAP.\lroval for Non-E=OffSjte Care: The Setvice Provider shall obtain DlHS approval for any nan.emergency. off..ite healthcare for eny detainee. DlHS acts as the agent and final health authority for ICE on all oiklte detainee medical and health related matters. The relationship of the DlHS to the delllinee equal. that of ph~idan to patient. The Service Ptovider shall release any and all medical iI>lormation ror ICE detainee. to the DlHS representativea upon· request. The Sezvice Ptovlder shall solicit DIHS approval hero.. proceeding with non-emetgency. off.. i", medical care (e.g. off sire lab testing. ej'EgI...... cosmetic denm! pro,(,\etics, and dental care for cosmetic purposes). The Service Ptovider .haIl subinit supporting documentation for nonroutine, off..ite medical health services to DlHS. For medical core provided outside rhe facility, DIHS may determine that an alternative medics! provide, or Institution is more cost-effective or more aptly meets the needs of ICE and the detainee. [CE may refuse to reimburse the Sezvice Provider for nonemergency medical costs incurred that were not preoapproved by the DlHS. The Servia Ptovider shall.e.',d . all requests ror ~l for oon.emergetlt off..fte core to: Phone: (888) 7liJ.8947 FAX: (866)475-9349 Via website. www.inshe.lth.mg The SerYia Ptovlder is to notify aU medica! providers approved to furnish· off..ite health care of

det:ioinees to submit their b!lls in accordance with Instructions provided to: United States Public Health Services Division oflmmigration Health Services

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1220 L Street, NW PMB 468 Washington, DC 200054018

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(Phone): (888)·71~947 (FAX): (866)475-9349

Via website: www.inshealth.org H.

Ememen"" Medica! Core. The Service Provider.hall furnish tweni)'.four (24) hour emergency medical core and emergency evacuation procedures. In an emergency, the Service Pro.ider ,hall obtain the medical treatment required to preserve the detainee's health. The Service Provider .hell have access to an off...lte emergency medical provider at all times. The Health Authority of the Service Provider shall notify the OIHS Managed Care Coordinator by calling the telephone number l!sted in paragraph G above as soon as poosible, and in no case more than seventy-two (72) hours after detainee receipt of such core. The Health Authoritywill obtain pre
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Off.sire Guards: Th. Sei:vlce Provider.hall prCN!de Illl'fds at all timeIJ detain..... are admitred to an outside medical fuoilky.

J. DlHS Visit>: The Service ProvidershaU allow DlHS Managed Care Coordinators reasonable access to its facility for the purpose of liaison activIties with the Health Authority and associated Service Provider departments.

Article W. No Emplo_t of Unauthorized Aliens Subje
~. The Service PrCN!der shall cemfY to the U.S. lnunlgration and Customs Enforcement, Contnlcting Officer that any employees performing under·this Agreement, who have access to ICE detain..". will have succ=fu!Jy completed an employment screening that incb..'
B. Employment EljgjbJlil¥. Screening crireria that will exclude appU"",,,, from consideration to perfunn under this agreement Includes, 1. Felony convictions 2. Conviction of a sex crime 3. Offense/. involving a child victim 4. Felonydrug <",w«:!ions . 5~ Pattern of arrests, without convictions,

that brings into question a petron's judgment and

reliability to promote the efficiency and integrity of the ICE mission. 6. Intentional faIsltlcation and!or omission of pertinent personal infurmation to influence a favorable employment decision.

Subject to existing law, regulations ond!or other provisions of this Agreement, illegal or

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undocumented .Iiens shall not be employed by thiSetvice Provider. 'The SeN"", Provider .baIl ~(y thot each eml>~ working on th!.; Agreement w'.il haw a Social Security Card issued and approved by the Social Security Adminiotration. TIu: Service Provider ,hall be responsible 1Xl the Government for acts and omissions of his own employees and for any SubcontractOt(s) and their employees. The Service Provider sbaIl expressly incorporate this provision into any and all Subcontracts or subordinate agreements issued in support of chis P>.greemeDl. 'The Service Provider sball =~ their employee; erety three )'""'" by conducting a crimiIl2l h~lory records check to maintain. the integrity of the workf=, The Setvice Provider shall implement a Self-Reporting requirement for its employees 1Xl immediately report one's own criminal arrest/s to superiors.

C, SeCllritv Magagement. 'The Service Provider shall appoin.t a senior official to act as the Agreement Security Officer. The individual wiD interface with the com on all security matters, to include ph.ysical, prnonncl, ond prorection of all G"""",.rnenc lr.formation and data accessed by the Service Provider.

TIu: COTR and Conttactir.g Officer shall h...... the r.gi-.t to inspect it", procedures, methods, all documentation and fu.cilities utili.ed by the Service Provider in complying with the ,ecurity requirements under this Agreement. Should ICE determine thaI the Service Provider is not complying with the security requirements of this Agreement, the Service Provider ,hall be Informed in writing by the Conttacting Officer of the proper action to be taken in. order to eflect compliance with these employment screening requirementl!. .Article1X. Period "I Performance A. Thls Agreement shall b=me effuetive upon the date of J\nalslgnatUre by the ICE Con_dog Officer and the authorized slgnaroty of the Service Provider aud will remain in effect indefmitely unless termin.ared in. writing by either party. Either party must provide written notice of intention to terminate the agreement, 60 days in advance of the effective date of formal termin.ation, or the Parties may agree to a shorrer period under the procedures prescribed in Article Xl.

B. Basis fur Price Adfusll'!!ent'; A fum fixed price with economic adjustment provides for upward and downwatd revision of the stated Per Dlem bas;,d ilpoi'l cost indexes of labor and operating expenses, or based upon the Service Provider's actual cost experience in providing the service• .Article X.lnspe
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conduct such inspections In a=tdance with the JaU Agreement Inspection Report. ICE will .hare findtngs of che inspection with the S.rvire Provider's facility adminiBtrator. The Inspection Report will stare any improvemenm to facility operation, conditions of confinement, and level of service that will be required by the Se",Ic. Provider.

B. Poosih!e Termjnatim If the Somice ProvIder faila to remedy defk;"nt se""ce identified through an ICE inspection, ICE may tenninate this Agreement without:reglil'd to the plOllisiollS of Articl.. IX and XI.

C. Share Findings: The Service Provide, shaR provide ICE copies of £acUity inspectinns, reviews, examinations, and surveys perfonned by accreditation soun:e•. D. Aff!'I!!i tn De",in" RecoId;; The Sen>ice Provider sJ..aIl, upon request, grant ICE occess to any record in its possession, regardiess of whether the Servire Provider created the record, concerning any detainee held jl1ltWaI\t to this Agreement. This right of access shall include, but is not limited to, incident reports, records relating tc suicide attempts, and behavioral assessments and other recotds relating to the detainee', behavior while h. the Semee Provider', custody. Futthertnare, the Servire Provider shall retain all records where this right of aa:ess applies ror a period of two (2) years from the date of the detainee', disebazge from the Setvice Provider'. custody.

ArticleXL Modifications and Disputes A Modifi.....tions: }\cti.'lllS othe. th2n th""" desigllared in this Agreement w'.ll no< bind or incur liability on behalf of either Party. Eicher Party may request a modification to this Agreement by submitting a written request to the other Party. A modification wi!! bw.>m¢ apart of this Agreement only.fret the ICE Contmcting Offirer and the aUthorued signatory of the Setvice Provider have approved the modification in writing. B. Disputl:8; The ICE Contracting Officer and the authorized signatory of che Service Provider wUl .ettle dispures, questions and concern. arising from this Agreement. Setdement of disputes shaH be memoriaIi.ed in a written modiflcation between the ICE ContIaCting Officer and authorized signatcry of the SeMce Pnwider. In the ....." a dispure i& not abl. tc be resolved between the Semce Provider and the ICE Contracting Officer, the ICE Contracting Officer will make the final decision. If the Service Provider does not agree with the fmal deciSion, the matter may he appealed to the ICE Head of the Conttacting Activity (RCA) fur resolution. The ICE HCA may employ aU methods available tc resolve the dispUte including alrerna.tive dispute resolution redmlques. The Servire Provider .hall proceed diligently with performance of this Agreement pending flnal resolution of any disput< . .Ari:icIa xn. AdjUBtiI\8' the Detainee Day Rate ICE shall reimburse the Setvice Pto0..der or the fOO!d detainee day tate shown on the cow:r pogo of the document, Article I. (C). The Parties may adjUSt the rate twenty-four (24) months afror che effective date of the agreement ond """rv twelve (12) months mereafrer. The Farties .haII bose the C05t portion of the rate adjustment on the principles of .!lowahility and 2IIocabllity as oct forth in OMB Circular A.fl7, federal procurement laws, regulations, and standards in arriving at the detainee day rate. The request for adjustm<:nt shall be submittEd on an ICE Jail Setvioe. Cost Statement. InCE does not receive an official

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reque,t for a detainee daymre .djumr.ent that is supported by.n ICE Jail Services Cost Stablment, the fixed detainee day '"'" as stated in this Agreement w!ll be In place indet1n!tely. See Anlcle Xl A. ICE reserves the right to audit the acrualand/or prospective costs upon wh!ch the rate adjustment is based. All rate adjustments are prospective. A. this is a fixed rate agreement, thete are no retroactive adjusttnent{s).

Article XIII. Enrollment, Invoicing, and Payment

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Enrollment jn Electronic Funds T The Service Provider shall provide ICE with the inf=tlon needed to malre paymenu by electronic timds transfer (Eff). Since January 1. 1999, ICE mak<s all paymen18 only by EFT. The Smn-<Je J>ro.,ider,hall identify their Bnancisl institution and related jnformation on Standard Fonn 3881, Automated Clearing House (ACH) Vendor Misrellaneous Pal"""nt Enrollment Form. The Service Provider shall submit a complered SF 3881 to ICE payment office prior to submitting its initial request for pal"""nt under this Agreement. If the EFT data ehanges, the Service Provider shall be responsible fur providing updared Information to the ICE pal"""nt office.

B. Involc!ni' The Service Provider .hall submit an original itemi2ed invoice containing the following information: tho ""me and add...s of the liIcility; the na.."., of each ICE detainee; deta;'lee's A number; speciilc dates of detention fur each detainee; the total number of detainee day.; the daily rate; the total detainee days multiplied by the daUy rate; an itemized Ustlng of all other ehatges; and the name, title, addr.... and phone number of the \ocal official responsible fur invoice preparation. Tbe Service Provider shall submit monthly involcee within the first ten (10) working days of the month following the calendar month when It provided the services, to: Department of Homeland Security o.."tCmS Enforcement Deportation Unit Miami Field Office Phone: 954-545,6037 ATIN: L'lUlIlgratlon and

F"", 954913-3325 C. Payment ICE will tnmsfer timds electronically through either an Automated Cleating Home subject to the banking laws of the Unired States, or the Federal Reserve Wire Ttansfer System.. The Prompt Payment Act applies to this Agteement. The Prompt Payment Act requires ICE to make payments under this Agreement the thirtieth (30"') calendar day wr the ICE Deportation office re<eives • compJen. invoice. Either the date on the Government's check, or the date it executes an electronic transfer of funds, shall constitute the payment date. The Prompt Payment Act requires ICE to pay interest on OV
A.

Federal Property Furnished to the Service Provider: ICE may furnish Federal Government property and equipment to the Service Provider. Accountable property remains tided to ICE and shall be returned to the custody ofI.CE upon tennination of the Agreement. The suspension of use of bed space made """iI.ble to ICE is agreed to he grounds for rht recall and return of any 0' all government fumiabed property.

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B. Se. Pwv!der Responsibility; The Service Provider shall oot remove ICE property from the facility without the prior written approval ofICE. The Service Provider shall report any loss or destruction of any Federal Government property immediately to ICB. Article XV. Hold HmnIeso and. Indemnification Pr<MsIo""

A Service Provider Held Ha..rmIess. ICB sM!!, .ubject to the ""ailabUity of funds, save and hold the . Se. ProvIder harrnless and indemni{Y the Service Provider against any and aU liability claims and coots of wharever kind and nature, ror injury to or death of any person(s), or loss or damage to any property, which occurs in connection with or is incident to performance of Work under the te""" of this Agreement, and which results from negligent acts or omissions of ICE of/keIS or employees, to the extent thar ICE would be liable for such negligent acts or omissions under the Federal Tort Claims Act, 28 USC 2691 ""'I. B.

Federn! C'>!ll!!l!'!lmgnt Held H.~.Jess, The Sen';ce f'roolidor ,haU 'ave and hold h.m.less and indemnify federal government agencies to the extont allowed by law against any and ail liability claims, and costs of whatsoever kind and nature for injury to or death of any pemon or peISonS and for loss or damsge to any property occurring in connection with, or in any way Incident to or arising out of the occupancy, use, service, operation or performance of work under the tenets of this Agreement, resulting from the negligenr acts or omlssiollB of the Se. Provider, or any employee, or agent of the Service Provider. In so agreeing, the Service Provider does not waive any defenses, immunities or limim of liability available to it under state or federal law.

C. Defense of Suit: In the event a detainee files suit against the Service Provider contesting the lfgaUry of the detainee's incarceration and/or Immigration/citizenship status, iCE shall request that the U.S. Attom<>:f.; Office, as 'ppropdate, move oither to have the Sorece PrcMde! dismissed from such suit, to have ICE substituted as the proper party defendant; or to h,.,. the case removed to a court of proper jurisdiction. Regardless of the decision on any such motion, IcE shall requ..t that the U.S. Attorney's Office be respollB;bie for the defu_ of allY suit on these grounds. D. ICE Recqyery Right: The Service Provider shall do nothing to prejudice ICE', right to recover agai!Ist third parties fur any loss, destnu:tion of, or damage to U.s. Govetnment property. Upon request of the Contrncting Officer, the Service Provider shal~ at ICE's expense, furnish to ICE all reasonable assistmce sr..d ccopeTation, inciudi..'1g assistance in the prosecution of mit and execution of the in.1:ruments of assignment in favor of ICE in obmming recovery. Article XVI. Financial Records

A Retention ofRe
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ICE and the Comptro!let General of the Uni;w' Stat... Ot lIllY of their authorized representatives, shall have the right of ace... to any pertinent books, documents, papers Ot other rccoro. of the Service Provider or its 5ub.conttactors, which are pertinent to the award, in order to make audits, examinations, excerpt>, and 1nIn5cripts. 1he rights of access must not be limited to the required retention period, but ,hall last as long as the rec.,rdo are retained.

Ag:e.. tQ !!!'f!1!rl!;:

C. Delinquent Debt CqI!ectiOl!: ICE will hold the SelVlce Provider accountable fOt any overpayment, ot any b..,...clt of this Agreement that =!ts in a debt """" to the Federal Government. ICE ,hall apply interest, penalties, and administrative coots to a delinquent debt awed to the Federal GcM:mment by the Service PrOllider pursuant to the Debt Collection Improvement Ad. of 1982, .. amend..-d.

Artide xvu. GU8IdITransportation Services A Transport Se1Vlcee Bate: The Servk:e Provider agrees, upon request of the Fedem! Government in wh
B. Medica! TrallSl'OITation: Transportation and/or e,co.'t/stationary guanl se1Vlces for ICE detainees housed at tho SeNke Pro>idor's facility to .nd from • medical facility for outpatient care, and transportation and/or escort guard servk:e. for ICE detainees housed at the Servke Provider'. facility .dmltted to a medical fucility; and to detainees attending 00..1110 ooutt proceedings. An offlcer or office.., shalllreeP the dotaL".. under conslmt supe....ion twer.t'ffour (24) hou", per day until the detainee is ordered released from the hospital, or at the oroer of the COTR. The Service Providers agree. to augment such ptaotices as may be requested by ICE to enhance specific requirements for security, detainee monitoring, vlsItatioo and contraband control.

C. Indemnities· Furthermo>re, the Setvke Provider agrees to hold harmless and Indemnify DHS/ICE and 1m officlals in their offida[ and h;d.'vldual capacirles from any liability, including third-party liability or worker'. compensation, arising from the conduct of the Se1Vlce Provider and its employees durlr.g the 001'''''' of =sporting ICE detainees. D. Personal Vehicles; Th. Servke ProvideT ,hall not allow employees to use their personal vehicle. to tran.pon detainees. The Se1Vlce Provider shall furni.h vehicles equipped with intllrior security features incltlding phyoical separatiOl! of detainees from guanls. The Service Provider shan provide inrerior security spet:iflcatiOl!S of the vehicles to ICE for review and approval prior to Installation. E. Imining and <;onwliance: The Servk:e Provider shall comply with ICE transportation stand.nIs (bttp·/lwww.ice.goylparmm/drol9U5mHPualljndsx htm) related to the number of hours the Provider', employee may operate a vehide. The transponatiOl! shall be accomplished in the most economical manner. The Service Provider personnel provided for the above services shall be of the 11

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same quolilkations, receive training, complete the same security clearances, and wear the same uniforms as those personnel provided for in other areas of this agreement.

F. Same Sex Transport; Outing all transportation activioo, at least one (1) officer shall be the same sex as the detainee. Questions concerning guard assignments shall be directed to the COTR for final detennination. O. Miscellaneous Transportation; The cam may direct the Service Provider to transport detainees to unspecified, miscellaneous locations. H. Bjlling Prccedures; The itemired monthly invoice fur such stationary guard services shall state the number ofOOms belr,g bllled, the duretion of me billing (times and do",.) and the "...me of the detainee{s) that was guarded.

The Contracting Officer's Technkal RepresentatM: (corro wlll be appointed by the Contracting Officer. When and If the COTR duties are reassigned, an administrative modiftcation will be issued to reflect the changes. This designation does not include authotlty to sign contractUal documents or to otherwise commlr to, or wae change., which could affect the price, quantity, or performance of this Agreement. IN WttN!!ss W'HE!!EOF, the undersigned, duly authorized officets, have subscribed their names on behalf of the Collier County, Naplos Florida and Department of Homeland Se(;lJrity, U.s. immigration and Customs Enforcement.

ACCEPIEo, U.S. Immigration and Cnsroms Enforcement

ACCEJ7fEI), Collier County, Naples Florida

Donald Hunter Sheriff, Collier Co., Naplos FL

BV;

Date; -+=+-,~""--4_ _ __

The Intergovernmental So""",, Agreement Number is

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