Attachment 1- PWS Appendix 10_Use of Government-Owned Vehicles and Hold Harmless Statement.pdf

Appendix 10: Use of Government-Owned Vehicles and Hold Harmless Statement

Where Contractor is provided with Government-Owned Vehicles (GOV) or Contractor uses Contractor-Owned Vehicles (COV) for the transportation of ICE detainees and in accordance with the terms and conditions specified within the statement of work the following will apply. The Contractor will contact the designated ICE official to schedule maintenance of the GOV in accordance with the following maintenance requirements:

ERO Fleet Management Handbook – Dated 12/22/2012 https://insight.ice.dhs.gov/mgt/cfo/oafm/oaa/Documents/pdf/FleetMmgtHandbook.pdf ICE Personal Property Handbook – Dated 12/22/15 https://insight.ice.dhs.gov/mgt/cfo/oafm/oaa/Documents/pdf/PersonalPropertyOperationsHan dbook.pdf DHS Management Directive 0510 – Motor Vehicle Fleet Management - Dated 3/1/03

The Contractor will provide the Contracting Officer’s Representative (COR) with proof that Contractor employees are properly licensed and insured CDL operators for the operation the GOV provided, and in accordance with state and federal laws applicable to the specific areas in which the Contractor will operate. The Contractor agrees to adhere to all provisions contained within this contract and the above referenced documents. The GOV shall be used to transport only ICE detainees to and from locations as directed by the COR or designated ICE official.

Costs associated with the transportation of detainees by Contractor are to be invoiced as follows:

Work performed by Contractor Detention Officer (DO) staff will be billed at the negotiated hourly rate.

The Contractor is authorized to utilize the DHS Fleet Card provided with each vehicle to pay for fuel and fluids necessary to conduct transportation of ICE detainees; use of the DHS Fleet Card shall be conducted in accordance with all provisions contained within this contract and the above referenced documents.

The Contractor will be reimbursed for meals and lodging required for the completion of overnight transportation routes in accordance with GSA published rates.

The Contractor will not be reimbursed for transportation mileage while using the ICE GOV.

The Contractor shall not tamper with any vehicle equipment without the express written authorization of the COR. Repair and maintenance of the COV will be coordinated between Contractor personnel and the ICE Vehicle Control Officer (VCO) or Assistant VCO (A-VCO) depending on location of COV and local maintenance and reporting procedures established within the Field Office where work is performed.

The Contractor agrees to be responsible for any damage incurred to the vehicle as a result of any act or omission on the part of the Contractor, its employees and or persons acting on behalf of the Contractor. In addition, the Contractor assumes financial responsibility for any related property damage to said vehicle caused by the negligent act or omission of its employees or persons acting on behalf of the Contractor. The Contractor accepts responsibility for the negligent acts or omissions on the part of its employees, and or persons acting on behalf of the Contractor in the operation of said vehicle.

The Contractor acknowledges the use of the vehicle. The referenced vehicle remains the property of the Contractor for the express purpose of transporting detainees.

The Contractor will keep said vehicle in the same condition as received except for normal wear and tear, and mileage. In order for the ICE Field Office to maintain accurate fleet records, the

Contractor must complete vehicle usage and transportation documentation in a timely manner and in accordance with ICE and ERO Fleet Policies and Procedures. Where permissible with regard to the sensitivity of such documents, copies of vehicle usage paperwork will be provided to the Contractor.

Hold Harmless Statement

1. Driver of Vehicle: The Vehicle(s) may be driven only by designated employees of the Contractor. The Contractor shall ensure, and assumes the duty, that all its drivers of Vehicles will meet all medical and legal requirements for driving, including that the driver shall:

(a) be over 21 years of age, unless a state law prohibits setting an age requirement;

(b) be a CDL qualified and licensed driver;

(c) be a driver whose driver’s license, in any state, has not been revoked or suspended within the previous three (3) years, even if he or she now possesses a valid driver’s license;

(d) not operate the vehicle under the influence of alcohol or other intoxicants, such as drugs or narcotics, or under any other physical or mental impairment which adversely affects the driver’s ability to operate the Vehicle; and

(e) not carry more passengers than available seatbelts.

2. Return of Vehicle: The Vehicle shall be returned to ICE, in the same condition as when received, ordinary wear and tear are expected. The Contractor shall perform any cleaning or repairs necessary to return the Vehicle to the required condition. The determination as to the condition of the vehicle will be made solely by ICE. The amount of time the Contractor can use Vehicles will be determined by ICE.

3. Insurance: The Contractor shall obtain liability insurance not less than $1,000,000. The Contractor shall cover any damages to the Vehicle or to other parties for the negligence of its employees driving Vehicles. The Contractor shall cooperate with ICE if any claim is made, and to cooperate with ICE in any investigation involving a Vehicle which was driven by a Contractor employee or Subcontractor.

4. Other Liability: The Contractor shall assume all risks from the use of the Vehicle. The Contractor shall be responsible for damages to the Contractor’s property or goods left or stored in the Vehicle. The Contractor shall not hold ICE liable for damage from downtime, materials, or other consequential damages resulting from the use of the Vehicle. The Contractor shall release and hold ICE, its agents and employees harmless from and against any and all losses, liabilities, damages, injuries, claims, costs, and expenses arising out of the Contractor’s use or possession of the vehicle, including, but not limited to, any and all fines, penalties, and forfeitures imposed by any governmental entity and, to the extent not covered by insurance. The Contractor shall additionally hold ICE harmless for all loss, liability, and expense in excess of the limits of liability provided for herein as a result of injury, death, or property damage arising out of the Contractor’s use of the vehicle. Neither the Contractor nor any other driver of the Vehicles shall

ROnuma Highlight be deemed the agent, servant, or employee of ICE for any reason or any purpose.

5. Accidents: The Contractor shall immediately report any accidents or damage to the vehicle and shall deliver to ICE any document received by the Contractor relating to any claim, suit, or proceeding connected with any accident or event involving the vehicle.

6. Warranty Disclaimer: ICE disclaims any and all warranties, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing, or usage of trade.

Furthermore and specifically, ICE does not warrant and specifically disclaims any warranty that Vehicles will always be available for the Contractor use and that Vehicles will be without need of repair or in good working order. ICE does not warrant the actions or omissions of a manufacturer or repairer of the vehicles. Any claims for injury by an employee of the Contractor while operating a vehicle shall be considered a workplace accident with worker’s compensation being an exclusive remedy against the Contractor. ICE shall be considered an insured under the Contractor’s worker’s compensation insurance.

7. Indemnification of ICE: The Contractor shall indemnify, defend and hold harmless ICE, and its officers, agents, employees, and each of them, from and against any and all third party claims, demands, causes of action, costs, damages, expenses, losses and liabilities (including reasonable attorneys’ fees) incurred or to be incurred, arising out of or resulting from, the Contractor’s operation of the Vehicle.