Loading...
HomeMy WebLinkAboutU.S. DEPARTMENT OF JUSTICE / IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) - 20160'.,5A D AMENDMENT OF 8g4iC3TATtgNlMqDiFIqATIqN OF CONTRACT e ODNTRAarw GaOE PACE OF PAGES 1 2 2 AMENOMENT(MODIFICATiON NO. 3 EFFECTIVE DATE 4 REOUISITIONMURCHASE RED NO. 6, PROJECT NO,(UPPPYWIVai P00001 See Block 16C _ 6. ISSUED BY CODE I ICE /DM /DC— LAGUNA T. ADMINISTERED BY(ualne� man ROM al CODE 1CC /DM /DC- LAGDNA ICE /Detent Mngt /Detent Contract -LAG ICE /Detest Mngt /Detent Contract -LAG Immigration and Customs Enforcement Immigration and Customs Enforcement Office of Acquisition Management Office of Acquisition Management 24000 Avila Road, Room 3104 24000 Avila Road, Room 3104 Attn: Natasha Nguyen (949)425 -7030 Attn: Natasha Nguyen, (949)425-7030 Laguna Niguel CA 92677 Laguna Niguel CA 92677 O. NAME AND ADDRESS OF CONTRACTORPI0. aoau,xwey Smn- HSlPCaab) 9A AMENDMENT OF SOLICITATION NO, SANTA ANA CITY OF 98. BATED(SEElTEM If) -' �—' "��'•'�� ?0 CIVIC CENTER PLAZA SANTA ANA CA 92761 8 I CA IDIGSAa15N UF Go R 00rRACDORDER No. 100- DATED (SEE ITEM 17)77 06/30/2015 CODE 0$3153247 FACanveoDE .. I rim a am urv�r nrrum ry nwcnumcn� a ur auuu wvuna The abova numnuot iwaitabian a amended as set 70m5 in Item 14 Thn hWl and data spiklilad k r ( ipl of Offam _ .i4 nrianded, is My a%tanded. 0lfeta mist 4Ckn"1000e receipt of 11110 embldment prier to 1b, hour and dale spadfiad in the salltitabon at as amended. by one of his follaWing maVroM: (a) By Wmplatinq Rams 0 and 15. and A OORAg ocpias N the amandmam (n) By acknowtodDlttg faoaiPt of this amandment on Bath WPy of the BAD, submgtad: or (c1 By aaParmalaaetm talag(amwfidtlrtctu tNSamteiatica to the aciicaptron and gmandmefli munbaro. FAILURE OFYOURAC %NOYLEDGEMENTTOB'c RECENEDAT THE PLACE DESIGNATED FOR THE RECEIPTOF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER Boy Veto of this amarwhan you dosse to dianto an o1Tat a nobly submated.. Rocs change maybo made by (abgmm w14"W. PMided Won lateBmm ar lens[ makaa rotoranW to D'+5 WOGTaEOn and Oka ainoMeWn4 aM+a roWiyadpr:�gtio D14.aperunDtuxrr and dam sp�twd 12 ACCOUNTINGANO APPROPRIATION DATAVI'Min4d) 13, TiRS ITEM ONLYAPPL15S TO MODIFICATION OF CONTPACTSIORGERS. IT MODIFIES THE CONTRACT /ORDER NO. AS DESCRIBED IN ITEM ia. cRS xonE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO. (SpoatyaWIwW THE CHANGES SET FORTH IN ITEM A ARE MADE IN THE CONTRACT ORDER NO IN ITEM IDA - S nionlp�naaon �a ®aft) SETT FORTH IN ITEM 14 PURSUANT O THE AUTHORS ADMINISTRATIVE (auCh as P4afges to paying offiW. X C. THIS SUPPLEMENTALAGREEMENT ISENTERED INTO PURSUANTTOAUTH RITY OF: Mutual Agreement of the Parties EC DATE SIGNED 0.OTHER ($Pwiny, pa atmcgrfiwfro+r andaufA00ay) E IMPORTANT: Conaactar xis at, re+oquirai to ann the oceanant one taban WAR to he lss mch" 14. DESCRIPTION OF AMENOMENTtMODIRCAVON (Otgaalrad ay UCPWon tmeGrsgs. =wding.cotiatatianlcontrett ibah t l mefforwHarePoasible.) DUNS Number: 083153247 COR POC: Daryoosh Mackay, (213) 633 -4377 or e -mail at Daryoosh.A.Mackay @ice.dhs.gov Alternate CDRPOC: Daniel Pomplun, (760) 561 -6327 or e -mail at daniel.a.pomplun @ice.dhs.gov This modification is to incorporate the following: 1) To incorporate provisions for transgender care outlined on the Attachment 6 - Transgender Care, see attached. 2) Add assurance for 64 beds to separate and dedicate for Transgender detainees. Continued ... ExWpl as Mnridol twain,, BV tennis "WMdwm, of the dommam mfalahWd m It= 0Aor l0k as hsUatfRis dwiniet, mmpina utvJw W aM m 1W1 fora and elTad. IrA NAME AND TITLE OF SIGNER (type at Print) E AND TITLE OF CONTRACTING OFFICER (Typo otpnn0 Roberta J. Halls 158. CONTRACTONOFFEROR 100. DATE SIGNED 100, UNI D STATES OF AMSRIC .� EC DATE SIGNED �Gf LJnmrnn� �(,Srgneuaa 47C'f rF" tsm+orua orWrso+awa wvnearoaan).... ° otcam W's " "t•. NUN ]a4U41•Ia ;•WJ]V UTANUARU FDRM W (REV. 10 D 1) Previous maw, unusable Prawbad by GSA FAR (40 CFR) $5243 F.%*" k MARIA HUIZAR Clerk of the Council �� � • �1�I+YI�i7aC�7►Rt� SONIA R. CARVALHO City Attorney Laura A. Rossini Senior Assistant City Attorney CITY OF SANTA ANA DAVID CAVAZOS City Manager CONTINUATION SHEET I REFERENCE NO OF DOCUMENT BEING CONTINUED PAGE OF 2 F EROIGSA -15- 0007 /P00001 2 NAME OF OFFEROR OR CONTRACTOR SANTA ANA CITY OF ITEM NO (A) SUPPLIES /SERVICES (E) QUANTITY (C) UNIT (D) UNIT PRICE (E) AMOUNT (F) 3) Remove the number of beds stated in Article 3 - Covered Services, Section A - Bedspace to state that the Service Provider and ICE shall use beds consistent with operational need and availability Effective Date: 06/01/2016 Exempt Action: Y LIST OF CHANGES: Reason for Modification : Supplemental Agreement for work within scope Period of Performance: 07/01/2015 to 06/30/2020 NSN 7540 -01 152 -606] OPTIONAL FORM 636 (4 -86) etl GSA FAR (48 CFR)RI FAR (48 53 :110 EROIGSA -15 -0007, P00001 Attachment 6 - Transgender Care [Santa Ana Jell FACILITY] vvill comply with the fallowing requirements related to the care and custody of transgender detainees: Transgender Care 1) Intake: Upon arrival at the detention facility, intake personnel shall review the detainee's record and documentation. If the record indicates the detainee's gender identity differs from his /her biological sex, intake personnel shall only ask questions related to gender identity when such information is necessary to ensure the safety and security of other detainees and staff. In addition, the facility shall ensure that sensitive information, such as the detainee's gender identity, is not used to the detainee's detriment by facility personnel or other detainees. a) Intake personnel shall accurately record the detainee as transgender. The detainee shall be treated as a protective custody detainee for the duration of the intake process. b) The detainee shall be temporarily housed (i.e., in a location away from the general population, to include in a medical unit or protective custody) until classification, housing, and other needs can be assessed by a Transgender Classification and Care Committee as delineated below. When feasible, the facility will initiate the review process within 72 hours (excluding holidays, and exigent circumstances and not to exceed 10 calendar days. In particular, placement into administrative segregation due to a detainee's identification as transgender should be used only as a last resort and when no other viable housing options exist. 2) Transgender Classification and Care Committee a) The facility shall create and operate a Transgender Classification and Care Committee (TCCC). b) In facilities staffed by the ICE Health Service Corps (IHSC): The TCCC shall be comprised of a dedicated facility medical representative, facility mental health representative, a facility classification supervisor, the Enforcement and Removal Operations (ERO) Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) Field Liaison, and a supervisory representative designated by the Field Office Director (FOD) (the supervisory representative from the ERO FOD can be the ERO LGBTI Field Liaison). ii) The TCCC may utilize remote forms of communication (i.e., phone or video - teleconference) to facilitate meetings and other activities. c) For facilities not staffed by IHSC: i) The TCCC shall include the IHSC Field Medical Coordinator (FMC), in addition to a dedicated facility medical representative, a facility mental health representative, 1�i';a EROICSA -15 -0007, P00001 Attachment 6 - Transgender Care a facility classification supervisor, facility ICE compliance officer or security supervisor, the ERO LGBTI Field Liaison, and a supervisory representative designated by the FOD (at the FOD's discretion, the supervisory representative can include the ERO LGBTI Field Liaison). d) The TCCC shall be chaired jointly by a representative from the facility and an ERO representative, preferably the ERO LGBTI Field Liaison. e) In coordination with ERO LGBTI Field Liaison, the facility staff members, including medical and mental health personnel, will have appropriate training and experience in working with transgender persons. Training provided will be pursuant to a training plan mutually agreed upon by the parties. 3) Transgender Classification and Care Committee Determinations: a) Meeting with the Detainee: In preparation for the TCCC meeting, the TCCC designated facility medical representative(s) shall meet with the detainee as soon as practicable after the detainee's arrival to the facility to gather information necessary to solicit the detainee's preferences and requests with regard to housing, searches,I and other matters. The ERO LGBTI Field Liaison may also participate in any meeting with the detainee. The communication between the TCCC representative(s) and the detainee shall be in a language and manner the detainee can understand and should be conducted using the TCCC Determination Question Guide provided at the conclusion of this document. b) Meeting of the TCCC: The TCCC shall meet and provide a classification assessment no later than 10 calendar days but when feasible, within 72 hours (excluding weekends, holidays, and emergencies) after the detainee's arrival to the facility to assess medical, psychological, housing, and other needs. c) Classification Assessment: As part of the trans.-ender classification assessment, the TCCC shall, at a minimum, consider: i) The detainee's self-identification; ii) An assessment of the effect of possible placements on the detainee's health and safety, conducted by a medical or mental health professional (which may coincide with the full medical assessment done in accordance with the applicable ICE detention standards); iii) The detainee's record and available documentation, including forms and notes feorn initial processing, medical /mental health records, booking records, identification documents, etc.; and iv) Documented observations provided by facility staff supervising the detainee in the ' Whenever practicable, the detainee's request should be honored but not to the detriment of the safety and security of the facility or facility staff. 2It' -1� EROIGSA -15- 0007, P00001 Attachment 6 - Transgender Care assigned housing unit, medical or mental health representative(s), to include those based upon the latest Diagnostic and Statistical Manual of Mental Disorders (DSM) criteria for the diagnosis of Gender Dysphoria. d) Detention Plan: Once the TCCC determines the detainee's transgender classification, the TCCC shall construct an individualized Detention Plan for each transgender detainee. As part of its Detention Plan assessment, the TCCC shall, at a minimum, consider: i) All records and prior assessments, including medical/mental health records, and an assessment of the effects of any housing placement on the detainee's health and safety that has been conducted by a medical or mental health professional; ii) The detainee's preferences and requests; iii) The detainee's self- assessment of his or her safety needs (i.e., does the detainee feel threatened or at risk of harm ?); iv) The detainee's documented criminal history and past and /or current behavior; v) The TCCC's determination of the detainee's safety /security needs, including documented and sett - reported history of sexual assault, victimization, or predatory behavior; vi) The deta'inee's physical, medical, or mental health, or special needs; vii) Privacy issues, including showers, single -cell sleeping arrangements, etc.; viii) Available beds and /or housing; ix) Whether the housing assignment would pose a safety risk to other detainees (See Section 3.e.ii "Safety, Security, and Privacy "); and x) Effects of housing assignment on resources; including facility staff. e) Requirements within the Detention Plan: Consistent with existing ICE policy and detention standards, the individualized Detention Plan shall, at a minimum, contain the following requirements: i) Housing Assignment: Options to include: a. General housing consistent with the detainee's biological sex; b. General housing consistent with the detainee's gender identity; c. A protective custody unit; or d. Medical or administrative segregation. ii) Safety. Security and Privacy: The TCCC shall address the safety, security, and privacy needs for both the transgender detainee and the general detention Population when assessing the housing assignment, Di5euSSion(s) may include 3 i}' EROIGSA -15 -0007, P00001 Attachment 6 - Transgender Care guidance on appropriate staffing levels in the housing option assigned (e.g., single or shared cell, or dormitory housing). iii) Hygiene: Consistent with ICE detention, standards, facility staff shall ensure that transgender detainees are able to maintain acceptable personal hygiene practices consistent with their gender identity and that ensure their safety. Transgender detainees shall be provided the opportunity to shower in a setting that ensures safety and privacy. iv) Clothing and Commissary: Transgender detainees will be provided undergarments consistent with their gender identity as assessed by the TCCC. Transgender detainees shall be issued standard detention attire consistent with their assigned housing unit. Transgender detainees shall also be allowed to possess or purchase through the commissary those hygiene and personal items that are consistent with their Detention Plan. v) Searches: As prescribed by standard 2.10 of 10E's 2011 Performance -Based National Detention .Standards (PBNDS), the transgender detainee's preference as to the gender of the officer that will perform any necessary pat -down and strip searches will be considered by the TCCC when drafting the Detention Plan and followed by detention facility staff accordingly. Also with regards to strip searches only, and pursuant to standard 2.10 of ICE's 2011 PBNDS, special care should be taken to ensure that transgender detainees are searched in private. Searches shall be conducted in a professional and respectful manner, and in the least restrictive manner possible, consistent with security needs. Pursuant to DHS PREA Standards, at no time shall any search be conducted solely for the purpose of determining a detainee's biological sex. Requests for transgender detainees to remove appearance related items such as prosthetics, clothing that conveys gender identity, wigs, and cosmetics shall be consistent with requirements for the removal of similar items for other non- transgender detainees. All strip searches shalt be documented. vi) Staff Communication: Detention facility staff shall refer to transgender detainees by their preferred pronouns or by the detainee's last name. vii) Medical Care: Pursuant to existing ICE detention standards, transgender detainees who were already receiving hormone therapy when taken into ICE custody shall have continued access to hormone therapy; those who have not yet begun treatment will be assessed and treated, if deemed medically necessary and safe in the context of their other medical conditions. All transgender detainees shall have access to continued mental health care and other transgender- related health care based on medical need. Medical care for transgender detainees shall be provided by qualified and appropriate medical professionals and administered pursuant to the applicable ICE detention standards. f) Decision: The TCCC will attempt to reach consensus on all decisions. In situations 4 1 P EROIGSA -15 -0007, P00001 Attachment 6 - Transgender Care where a consensus is not reached, the final decision shall rest with the ERO LOB `N Field Liaison. i) The TCCC shall retain summary notes of each meeting to document persons attending and conclusions reached. A copy of the notes shall be placed in the detainee's detention file. ii) Absent extraordinary circumstances, a written Detention Plan by the TCCC for the detainee, including housing assignment, shall be forwarded to the facility classification supervisor within 72 hours (excluding weekends, holidays, and emergencies) of the TCCC's decision, and maintained in the detainee's detention file; a copy of the plan and housing assignment shall also be provided to the detainee. g) Implementation of Detention Flan: The classification supervisor or designee shall notify Tine staff of the TCCC's Detention Plan and change of housing assignment decision. i) Detention facility staff shall follow the Detention Plan outlined by the TCCC. If a detention facility staff member identifies a safety or security risk posed by the TCCC's plan, the staff member must inform the TCCC directly, or must notify his /her supervisor as soon as practicable, and that supervisor must notify the TCCC. The TCCC shall review the case and make adjustments to the Detention Plan, if necessary, within 72 hours (excluding weekends, holidays, and emergencies) of receiving notification. ii) In the case of an immediate threat to the safety or security of the transgender detainee or others, the detention facility staff may make a temporary change(s) to the TCCC's plan (to include housing assignment), but should notify the TCCC as soon as possible, Only the TCCC can approve permanent change(s) to the Detention Plan. h) Reassessment: The TCCC shall reassess a transgender detainee's Detention Plan and housing assignment after 30 days following the initial determination and then every 60 days thereafter or at any other time if additional relevant information becomes known, or following any incident of victimization or threats to safety experienced by the detainee. As part of its reassessment, the TCCC shall, at a minimum, consider: i) Changes in the transgender detainee's housing preferences; ii) Variations in the detainee's medical and /or mental health status; iii) Safety /security of the detainee, other detainees, and /or facility staff; iv) Any threats to safety experienced by the detainee; 5 1; ERGLGSA -15 -0007, P00001 Attachment 6 - Transgender Care v) Continued availability of housing; and vi) The detention facility's documented concerns. i) Education: Upon adoption of this Contract Modification, the facility, in partnership with ICE ERO, will produce orientation training and /or materials describing the various housing options at the facility, including the possibility of placing a transgender detainee in general housing consistent with that detainee's gender identity. This training and /or materials will be provided to each detainee upon admission, as well as to detainees already placed in the facility. 4) Bed Space Financial Assurance: The Service Provider and ICE agree on a assurance of 64 beds to separate and dedicate Transgender detainees. 5) Total ICE Detainees Permitted to be Housed with Service Provider: The Service Provider and ICE agree to modify EROIGSA -15 -007, specifically Article 3 "Covered Services ", Section A "Bedspace," to state that the Service Provider and ICE shall use beds consistent with operational need and availability. 6�'_�Ee EROIGSA -15 -0007, POOOOI Attachment 6 - Transgender Care TCCC Determination Questions Guide In preparation for the TCCC meeting, the designated Facility medical representative(s), shall meet with the detainee when feasible within 72 hours (excluding weekends, holidays, and emergencies) and no later than ten (10) calendar days after the detainee's arrival to the facility to gather information necessary to verify the transgender classification, and to solicit detainee's preferences and requests with regards to housing, searches, and other matters. The ERO LGBTI Field Liaison may also participate in any meeting with the detainee. The following questions are provided to assist in this initial meeting, but may be used in other settings as deemed appropriate. 1) Do you identify as transgender? IF YES to #1, then proceed to ask the following questions: Name 2) Do you go by or use any other name(s) or aliases? 3) What pronoun(s) do you prefer others use to refer to you? Medical Issues 4) Prior to corning here, were you taking any hormonal medications? a. If yes, what were they? b. How often were you taking them? c. Were these prescribed by a doctor? Hygiene and Grooming 5) Do you prefer to wear male or female clothing? 6) Are there any specific clothing items (e.g., undergarments) that you need that have not been provided? 7) Are there any specific personal hygiene items that you need that have not been provided? Housing 8) Do you feel you are at risk for your safety based on your gender identity? a. Would you feel safer being housed with men or women? b. Would you feel safer being housed with transgender women or men? c. Would you feel safer being housed in a cell with someone else or by yourself? Programming 9) Do you feel comfortable being around male and female detainees during recreation, organized programs, or other types of group activities? a. If not, would you prefer to be separated from males or females'? b. Do you feel you require complete separation, or would specific types of safeguards (e.g., sight or sound separation, staff escort) address your concern(s)? Searches 10) Do you have a preference for whether a male or female staff member searches you? If so, which would you prefer? Other 7 1r; a y, EROIGSA -15 -0007, P00001 Attachment 6 - Transgender Care 11) Is there anything else we should know about you related to being transgender —any particular concerns? 12) Are there any other specific precautions and /or accommodations you think you would like to have to ensure your safety and welfare while at this facility? 8 11> , ;e EROIGSA -15 -0007, POOOOI Attachment 6 - Transgender Care Definitions 'The following definitions apply for purposes of this modification only: I, Biological Sex. An individual's biological status as either male or female, typically assigned at birth, and associated primarily with physical attributes such as chromosomes, hormone prevalence, and external and internal anatomy. Detainee. An individual detained in ERO custody Detention Plan. A plan for a transgender detainee, constructed by the Transgender Classification and Care Committee at an ICE detention facility with instructions for how to address issues including, but not limited to, housing, clothing, showering, grooming, name and pronoun use, recreation, programming, escort, transportation, searches, privacy, etc. 4. Diagnostic and Statistical Manual of Mental Disorders (DSM). The standard classification of mental disorders used by mental health professionals in the United States as published by the American Psychiatric Association. DSNI -S (Fifth Edition) is the most current edition of the drafting of this guidance. 5. Gender Affirming Surgery. Surgical alteration of male or female genitals, or the reshaping, by any surgical procedure, of a male body into a body with female appearance, or vice versa. Also referred to as "sex reassignment surgery (SRS)," "gender reassignment surgery (GR.S)," or by other names. Note: gender affirming surgery is the preferred name. 6. Gender Dysphoria. Medical diagnosis in the American Psychiatric Association's DSM-5 that describes the distress that may accompany the incongruence between an individual's experienced or expressed gender and the individual's biological sex. This was previously known as Gender Identity Disorder. 7. Gender Expression. The ways in which an individual communicates /displays his /her gender identity to others; a combination of appearance,, demeanor, and behavior. S. Gender Identity. An individual's internal sense of being it man, woman, or another gender. It is not necessarily based on the individual's biological sex or on the individual's sexual orientation. Because gender identity is internal, it is not necessarily visible to others, but may be externally manifested in the individual's appearance, behavior, demeanor or other aspects of the individual's life. 9. Gender Non - Conforming. Having an appearance or manner that does not conform to traditional societal gender expectations. 10. Intersex. Having sexual or reproductive anatomy or chromosomal pattern that do not seem to fit typical definitions of male or female. Intersex medical conditions are sometimes referred to as disorders of sex development. 9 11 EROIGSA -15 -0007, P00001 Attachment 6 - Transgender Care 11. LGBT1. The acronym for Lesbian, Gay, Bisexual, Transgender, and Intersex. 11 Sexual Orientation. A pattern of romantic, emotional, physical, and /or sexual attraction towards members of the same, opposite, or both sexes. Includes homosexuality, heterosexuality, and bisexuality. 13. Transgender. A person whose gender identity (i.e., internal sense of feeling male or female) is different from the sex assigned to the person at birth. 14. Transgender Classification and Care Committee (TCCC). The detention facility committee that gathers information and assesses the gender identity of the detainee, and produces and regularly assesses a Detention Plan for a transgender detainee. 15. Transgender man. An individual who is a biological female and has a gender identity as a man. 16. Transgender woman. An individual who is a biological male and has a gender identity as a woman. 17. Transition. The process by which an individual changes his /her gender from that assigned at birth to one with which he /she now identifies. This may include making personal, legal, and medical changes to his/her gender, such as changing his /her name and /or gender on legal documents; undergoing hormone therapy; and /or undergoing one or more forms of surgery. 10 1P;,