The URL can be used to link to this page

Res. No. 098-99-10722RESOLUTION NO. 98 -99 -10722 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE DEPARTMENT OF .JUVENILE JUSTICE SOUTH MIAMI YOUTH ACADEMY; AUTHORIZING THE CITY MANAGER TO TAKE ALL NECESSARY AND APPROPRIATE STEPS TO END THE PROGRAM AND CONTRACT AS SOON AS PRACTICAL; DIRECTING THE CITY MANAGER TO WORK WITH THE DEPARTMENT OF JUVENILE JUSTICE TO SECURE FUNDING FOR YOUTH CRIME PREVENTION AND INTERVENTION PROGRAMS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of South Miami is currently under contract with the Department of Juvenile Justice to operate a South Miami Youth Academy; and WHEREAS, this program is not directly serving the needs or residents of the City; and WHEREAS, the program is not focusing on crime prevention, is creating a drain on management resources and poses a significant audit liability. NOW, THEREFORE; BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Commission hereby authorizes the City Manager to take all necessary and appropriate steps to end the program as soon as practical, hopefully on or before June 30, 1999. Section 2. The City Commission directs the City Manager to work with the Department of Juvenile Justice to secure funding on youth crime prevention and intervention. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this 4th ATTEST: City Clerk C� READ AND APPROVED AS TO FORM: City Attorney day of May 11999 . APPROVED: 41, Mayor COMMISSION VOTE: 5 -0 Mayor Robaina: Yea Vice Mayor Oliveros': Yea Commissioner Feliu: Yea Commissioner Bethel: Yea Commissioner Russell: Yea ® CITY OF SOUTH MIAMI To: Mayor and Commission From: Charles Scurr City Manager REQUEST Date: May 4, 1999 Agenda Item # Discontinuation of the Contract with the Department of Juvenile Justice for the South Miami Youth Academy It is requested that the City Commission authorize the City Manager to: a) discontinue the contract with the Department of Juvenile Justice (DJJ) for the South Miami Youth Academy and to take all necessary and reasonable steps to phase out the program as soon as practical: and b) to work with DJJ to secure funding for crime prevention and intervention programs for the youth in the South Miami community. BACKGROUND AND ANALYSIS The City of South Miami has operated a South Miami Youth Academy under a contract with the State of Florida Department of Juvenile Justice since June of 1998. The program provides "Aftercare Services" for juveniles who are being released from placement in moderate to maximum risk commitment programs and are returning to the community. Aftercare Services can include tutoring, curfew monitoring, health and life management skills and other programs. The origination of the South Miami program began with a concept to provide a preventive program for at -risk girls from South Miami. Unfortunately no funding was available for that type of program. DJJ alternatively provided funding for the Youth Academy. In June 1998 the City executed a two year contract with a possible two year extension. The program, unfortunately, is not meeting the needs of our community. It is, therefore, reluctantly recommended that the City end the program after the first year of operation. This recommendation is made for the following specific reasons: • Lack of Service to South Miami — In the entire first year of operation only one youth from South Miami has been in the program. All of the remaining youth come from the recruitment area for the program which stretches from Cutler Ridge to far west Miami -Dade County. The probability of any significant amount of participation by South Miami youth is extremely low given the size of our City relative to the size of the recruitment area. • Drain on Overworked Management Resources — Management of a Youth Academy is very difficult and complex. The program. legal and regulatory requirements are significant. In addition to the direct DJJ personnel, the program is requiring significant time and support from the Police Chief, Police Background and Investigations Unit, Finance Director and Chief Accountant. It is anticipated that the need for this management support will increase in the months ahead in order to augment some of the managerial and supervision issues with the project and to continue to minimize potentially significant audit liabilities. • Lack of Focus on Crime Prevention for South Miami Youth — The Youth Academy Program is, by definition, a post adjudication program. Given the management resources required to support the program it has inadvertently shifted some of the City's focus away from prevention and early intervention programs with the youth in our community. • Lack of Optimal Facilities - The program is housed in the Sylva Martin Building. This facility is not optimal due to age, size, condition and lack of private offices. Unfortunately, another suitable facility could not be located in the City. The experience of the past year has highlighted the need the City has for the Sylva Martin Building and the role it plays for community events; supplemental meeting and conference space for City Board and Commission meetings and workshops; and for use in our summer camp program as air conditioned and "rainy day" programming space. DJJ was advised that the City was evaluating continuing the program beyond the first year. Staff was advised that there would be no financial issues or penalties associated with discontinuing the program. Youth in the program would be phased into other programs. DJJ committed to work with the City to develop funding that more specifically meets the needs of the community and focused on youth intervention and prevention. RECOMMENDATION Approval is recommended. RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE SOUTH MIAMI YOUTH ACADEMY; AUTHORIZING THE CITY MANAGER TO DISCONTINUE THE CONTRACT AND TO TAKE ALL NECESSARY AND APPROPRIATE STEPS TO PHASE OUT THE PROGRAM AS SOON AS PRACTICAL; DIRECTING THE CITY MANAGER TO WORK WITH THE DEPARTMENT OF JUVENILE JUSTICE TO SECURE FUNDING FOR YOUTH CRIME PREVENTION AND INTERVENTION PROGRAMS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of South Miami is currently under contract with the Department of Juvenile Justice to operate a South Miami Youth Academy; and WHEREAS, this program is not serving the needs or residents of the City, particularly as they relate to the need for crime prevention and intervention programs for youth in the South Miami community; and WHEREAS, the program is requiring significant management resources; and WHEREAS, optimal facilities for the program are not available in the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section I. The City Commission hereby authorizes the City Manager to discontinue the contract and to take all necessary and appropriate steps to phase out the program as soon as practical, hopefully on or before June 30, 1999. Section 2. The City Commission directs the City Manager to work with the Department of Juvenile Justice to secure funding on youth crime prevention and intervention. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of '1998. ATTEST: City Clerk READ AND APPROVED AS TO FORM: City Attorney APPROVED: Mayor 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 RESOLUTION NO. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA. RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE SOUTH MIAMI YOUTH ACADEMY; AUTHORIZING THE CITY MANAGER TO DISCONTINUE THE CONTRACT AND TO TAKE ALL NECESSARY AND APPROPRIATE STEPS TO PHASE OUT THE PROGRAM AS SOON AS PRACTICAL: DIRECTING THE CITY MANAGER TO WORK WITH THE DEPARTMENT OF JUVENILE JUSTICE TO SECURE FUNDING FOR YOUTH CRIME PREVENTION AND INTERVENTION PROGRAMS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of South Miami is currently under contract with the Department of Juvenile Justice to operate a South Miami Youth Academy; and WHEREAS, this program is not serving the needs or residents of the City, particularly as they relate to the need for crime prevention and intervention programs for youth in the South Miami community; and WHEREAS, the program is requiring significant management resources; and WHEREAS, optimal facilities for the program are not available in the City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI: Section 1. The City Commission hereby authorizes the City Manager to discontinue the contract and to take all necessary and appropriate steps to phase out the program as soon as practical, hopefully on or before June 30, 1999. Section 2. The City Commission directs the City Manager to work with the Department of Juvenile Justice to secure funding on youth crime prevention and intervention. Section 3. This resolution shall take effect immediately upon approval. PASSED AND ADOPTED this day of 1998. ATTEST: APPROVED: City Clerk READ AND APPROVED AS TO FORM: City Attorney Mayor TR-20 Fiscal Year Allotments FY Account '• Account Account mm mm ®�. ®.�� ■�. MM.�m ®mom ..ogee eceeeeeeeeeeeeeeeeeeeeeeeeeee •. .. eeee ■eeeeeeeeeeeeeeeeeeeeeeee ■eeeeeeeeeeeeeeeeeeeeeeee , .,eeeeeeee $339.450.0IMjfljMIMj ..,eeeeeeee eeii ■iiiiiiiiiiiiiiiiiiiiiiii�� eMMIeeNI��IM ��IIIIIIIe�� e111ee1 iiiiiiii MEN TR-20 Fiscal Year 98-99 Allotments 99-00 Account Account mm mm ®�. ®.�� ■�. MM.�m ®mom • . .. eceeeeeeeeeeeeeeeeeeeeeeeeeee •. .. eeee ■eeeeeeeeeeeeeeeeeeeeeeee $339.450.0IMjfljMIMj ..,eeeeeeee eeii ■iiiiiiiiiiiiiiiiiiiiiiii�� eMMIeeNI��IM ��IIIIIIIe�� e111ee1 iiiiiiii MEN IA-2f Fiscal Year Allotments 99-00 Account mm ®.�� ®mom •. .. eeee ■eeeeeeeeeeeeeeeeeeeeeeee ..,eeeeeeee eeii ■iiiiiiiiiiiiiiiiiiiiiiii�� eMMIeeNI��IM ��IIIIIIIe�� e111ee1 iiiiiiii MEN 5 Organization 6 Encumbrances Expenditure Code LI L2 I L3 L4 LS 8 0 1 1 0 3 3 2 3 2 0 mmmmm eeIIIIII�� eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee�� FY ".• ucacaauu eMMIeeNI��IM ��IIIIIIIe�� e111ee1 MEN MIN�� Pa:,c 2 Revised DJJ - L_ PARiJill-i; AA:ttAA INSTP.UCTIONS: Obtain the appropriate sig:es for the contract. Minimally, each contract mus a initiator, financial/contrac administrator and legal signatures. . uvu u L Un: , uc eignawre cemnes mac, as needed, contract negotiation, cost/price analysis, RFP and justification of need for advar been performed for this contact and that documentation supporting these activities is contained in the Contract Manager's file. It also the PUR 7068 form has been completed and is included in the Contract Manager's file. The signature and approval further attests to the services and signifies that the statement of work is clearly written and expected results are clearly defined in the contract. It also s the contract terms and conditions are in compliance with applicable federal, state, department, and/or other funding source requireme: initiator signature must be done by the contract manager's District Manager or supervisor unless the District Manager or Supervisor h contract signer, then contract manager may sign. © If required, the certification regarding Lobbying under federal grants and contracts is contained in the contract. The conflict of interest questionnaire was completed by each person that participated in the procurement process and F-1 is contained in the contract or is on file with the contract manager. ❑ If required, the certification y6garding Debarment and suspension under federal grants and contracts is contained in the 7 ct or is o Zrile ci[ t z contract manager. C-- q- -� 7- � Signaturb�l Date Approved Disapproved Comments: r 1 r rwwuntZ) r tw I ruu: Signatures and approval signifies the presence of budget authority to expend moni services specified in the contract and the correctness of codes. The contract administration signature and approval signifies: Use of ar department standard contract; inclusion of all necessary special provisions and contract specific method of payment provisions; that&.. document is in compliance with applicable federal and state laws, department rules and regulations; compliance with the Method of Pz section of the department standard contract section (if applicable) and State Comptroller's requirements; and the intent to renew clause if applicable. - .10 ... a u ge �_ Approved Comments: Date Disapproved LEGAL: The approval signature signifies that the provider is properly bound by the contract, that the performance requirements are clearly defined, that the department is adequately protected and that any changes to the appr ed department Standard Contract and program specific SECTION A's area r gf 4 Signature / Date V!/ Approved Disapproved Comments: IC° L-� G Signs re- Contract Administration D Approved Dis Comments: CU\ I RACT ADMINISTRATOR LIAISON: The appr signature signifies that the documents are in compliance contracting requirements. - Signattue- Contract Administrator Liaison D Approved Dis: Comments: OTHER: The signature is to be used for other approvals as required and/or desired (e.g. General Services, Staff Development, EDP S; Unit Signature Approved Disapproved Comments: Date Page 3 Revised DJJ 1 PART1- THESCHEDULE SECT_'ON A. SOLICITATION /CONTRACT FORM A.I. Use the PUR 7033, Contractual Services Acknowledgment Form. SUBMIT PROPOSAL. TO: Eric Stark STATE OF FLORIDA 3510 Biscayne Blvd.Ste 311 REQUEST FOR PROPOSAL Miami, Florida 33137 CONTRACTUAL SERVICES TELEPHONE NUMBER: (305) 571 -5740 Acknowledgment Page 1 of N/A PROPOSALS WILL BE OPENED PROPOSAL NO Pages AGENCY MAILING DATE: /98 PROPOSAL TITLE: Aftercare/Re -Entry program STATE PURCHASING SUBSYSTEM (SPURS) VENDOR NUMBER 596000431 VENDOR NAME REASON FOR PROPOSAL: To provide Aftercare Inten City of South Miami/ Police Department Day Treatment. VENDOR MAILING ADDRESS 6130 Sunset Drive CITY - STATE - ZIP POSTING OF PROPOSAL TABULATIONS Proposal tabulation. with recommended awards will be posts. for review South Miami, Florida 33143 by interested parties at the location where proposals were opened and will remain posted for a period of 72 hours. Failure to file a pro. test within time prescribed in Section 120.5)(5) . Florida Statutes, shall Constitute a waiver of proceedings under chapter 123, Florida [sautes. Posting will be on or about AREA CODE I TELEPHONE NUMBER: 663 -6338 (305) TOLL -FREE NUMBER: I cercify Chao this proposal is made wircouc prior understanding, agree- ..C, or c Onaceion with any corporation, fine, or person submioti ng a pro- posal for the same ontractual services, and is in all respects fair and .!thou[ collusion or fraud. I agree to abide by all Conditions of this proposal and certify rose I am authorized to sign this proposal for the proposer and than the proposer is in compliance with all requirements of AUTHORIZED SIGNATURE (MANUAL) the Requesc for Proposal, Including but nor limited Co, cercificaeion re- guirements. In submitting a proposal no an agency for the State of Flor- ida, the proposer offers and agrees [hat if the proposal is accepted, the proposer will convey, sell, assign or transfer to the Seats of Florida, all rights, title and interest in and to all causes of action it may now or hereafter acquire under the Anti -[rust Laws of the United Scares and the State of Florida for the price fixing relating cc the particular comin di. AUTHORIZED SIGNATURE (TYPED) TITLE ties or services purchased or acquired by the Scare of Florida. At the State's discretion, such assignment shall be made and become effective en the time she purchasing agency tenders final payment to the proposer. . GENERAL CONDITIONS SEALED PROPOSALS: All proposal sheets and this original acknowledgment to) DISCOUNTS: Cash discount for prompt payra.- stall not be form must be executed and submitted in a sealed envelope. (DO NOT INCLUDE considered in determining the loves[ nec cost for proposal MORE THAN ONE PROPOSAL PER ENVELOPE.) The face of the envelope shall con- evaluation proposers. Cain, in addition to the above address, the dace and time me she proposal (C) aISTAQB: Proposers are expected to examine the conditions, opening and the Proposal number. Proposal prices not submitted on attached scope of work, proposal prices, extensions, a-d all insctuc- proposal price sheets when required shall be [ejected. All proposals are alone pertaining to the services involved. Failure to do so subject to the conditions specified herein. Those which do not comply with will be ac the proposer's risk. these Conditions are subject to rejection. (d) INVOICING AND PATMENTt The Contractor shall be paid upon 1. E EC11TION OP PROPOSAL: Proposal moat contain a manual signature of submission of properly certified invoices to its purchaser authorised representative in the space provided above. Proposal must at the prices stipulated on the contract at the time the or. be typed or Printed in ink. Use of erasable ink is not permitted. All der is placed, after delivery and acceptance o: goads, less corrections made by the proposer to this proposal price most be ini. deductions it any, as provided. Invoices !rtes shall Contain the baled. The company name and SPURS vendor number shall appear on each contrast number, purchase order number and the contractor' mo page of the proposal as required. uired. Complete ordering instructions mush SPORE vendor number. An original and three Ill copies of be submitted with the proposal. IF you are not a registered vendor the invoice shall be submitted. The pletec[ shall not Manag m with the DEPARTMENT of Management Services, contact the ion of be made until after s co the contract is complete unless she Pu [Chas! ng. 6050 esplanade Nay, Suite 360, Tallahassee. PL ]2)99 -0950, 3239 he State has agreed otherwise. Invoices for toss of other com- (8501 487 -4634 immediately. - penaation for aervices or expenses eubmicced accordance with 2. NO PROPOSAL SDENITTED: I[ not submitting a Proposal, respond by re- the races at or below chose Specified in Sections 112.061 turning only this proposer acknowledgment form, marking it - NO and 297.058, F.S.. Interest P ... Iris.: Payment Shall be PROPOSAL- and explain the reason in the apace provided above. Failure made in accordance with Section 215.422, P.S. which .[aces to respond to a procurement solicitation without giving justifiable the contractors' rights and the Stare agency's responsiblli. reason for such failure, non - conformance to contract conditions, or ties concerning interest penalties and time limits for pay - other pertinent factors deemed reasonable and valid shall be cause for ment of invoices. VENDOR OMBUBSMAN: Vendors providing removal of the proposer's name from the proposal mailing list. NOTE: goods and cervices co an agency grece should aware of the !el- a er must ed i • No PROPOSAL• , and To mustlbe loving time C Upon sapprov an agency has Live vedPno oat, than re it moat be received no lacer than the stated proposal opening dace and pr o in. working days to inspect and approve the goods at1 services. s es, hour. unless the bid specifications, purchase order or contract ].PROPOSAL OPENING: Shall be public, on the dare, location and the time specifies ochervise. An agency has 20 days to deliver a me- specified on the acknowledgment form. It is the proposer's responsi- quest for payment (voucher) to the DEPART. . of Banking and bility to assure that his proposal is delivered at the proper time and Finance. The 20 days are measured from the latter of the place of the proposal opening. Proposals which for any reason are not date the invoice is received or the goods or services a delivered, will not be considered. Offers by telegram or telephone are received, inspected and approved. If a pa"ot is or a not acceptable. A proposal may not be altered alter opening of the available within 40 days, Sections !nee, s: get ls. NOTE: Proposal will De furnished aced price propose - pedal elf o pursuant to will P.S., will be due ion 5ce and payment oequest an enclosed, sett addressed, stamped envelope and address then _ and payable in addition gO the invoice emu•.:, ma the v payable in a a.- payment of predetermined fee. files may be examined during der. To obtain the app). e interest r correct the i g hours^by au car -rat working hours by aopoincment. Proposal tabulations will not De nt. Pro be T agency purchasing office. The interest Fe-al :y provision provided by telephone. applies after a 35 day ime to _es care 4. PRICE, TERNS AND PAT1ffiIT: Firm prices shall be proposed and include all PROVIDER'S, as defined by Interest . Y peal. ea of less -cRe services rendered to the purchaser. than one dollar will rtoc be enforced unless veto (e) Taxes The Seats Of Florida dyes not pay Federal Excise and Sales requests payment. Invoices tR have to be returned Co a ay a o taxes on direct purchases of services. See tax exemption number ar vendor because of vendor preparation error will result to on face [chase order. exemption of dyes not apply to our. delay in the payment. The invoice payment ris rovided do o f e chases of services In the performance of erf usince C. the im- not agent until a properly completed is provided eo provemen[ of state -opted as defined in Chapter 192. P.S. er 192. the agency. A Vender Ombudsman has Deen scab )!shed w1U in been within the DEPARTNENT of Banking and Finance. The du:ie. or CR4- individual include acting as an advocate for verLers who may be experiencing problems obtaining timely FM 7. tatted at (9501 488 -2924 or by calling the State Comptroller's Not line, 1. 800 - 948.1795. The Division of Purchasing shall review the conditions and circumstances surrounding non - payment, and unless there is a bona fide dispute the Division may, in writing, author- ize the contract supplier to reject and return purchase orders from said agency until such time as the agency Complies with the provi- sions of Section 215.422 F.S. (a) ANNUAL A2PROPRIATION9a The State of Florida's performance and obli- gation to pay under this contract is contingent upon an annual ap. propriation by the Legislature. CONTLICT Of INTRPEST; The award hereunder is subject to the provisions of Chapter 112. F.S. Propose to must disclose with their proposal the name of any officer director, or agency who is also an employee of the State of Plorida, or any of its agencies. Further, all proposers at disclose the name of any State employee who owns directly or indirectly and interest of five (SS) or more in the proposer's firm or any of its branches in accordance with Chapter 297, F.S., no person or firm receiv- ing a contract has not been procured pursuant to Section 287.051(2) or (1). F.S., to perform a feasibility study of the potential implements - cion of a subsequent contract, participating in the drafting of a re- quest for proposals, or developing a program for future implementation shall be eligible to contract with the agency for any contracts dealing with that specific subject matter, and proposers must disclose with their proposal any such conflict of interest. AWARD: As the best interest of the State may require, the right is re- served to reject any and all proposals or waive any minor irregularity or technicality in proposals received. Proposers are cautioned to make no assumptions unless their proposal has been evaluated as being respon. sive. All awards made as a result of this proposal shall conform to ap- plicable Florida Statutes, INTERPRETATIONS /DISPUTES: Any questions concerning conditions and speeifi. cations shall be directed in writing to this office for receipt no later than ten (10) days prior to the proposal opening. Inquires must refer- ence the date of proposal opening and proposal number. No interpreta- tion shall be considered binding unless provided in writing by the State of Florida in response to requests in full compliance with this provi- sion. Any person who is adversely affected by the agency's decision or intended decision concerning a procurement solicitation or contract award and who wants to protest such decision or intended decision shall file a protest in Compliance with Rule 60A- 1.006(6), Florida Administra- tive Code. Failure to file a protest within the time prescribed in Sec- tion 120.51(5), F.S., shall constitute a waiver of proceedings under Chapter 120, P.S. NOTICE OF PROPOSAL PROTEST BONDING "DUIREKEZrIt Any person who files an action protesting a decision or intended decision pertaining to con. tracts administered by the Division or a State agency pursuant to sec- tion 120.51111, F.S., shall post with the Division or State agency at the time of filing the formal written protest, a bond payable to the Di- vision or Brace agency in an amount equal to 1 percent of the Division's or State agency's estimate of the total volume of the contract or $5,000, whichever is less, which bond shall be conditioned upon the pay- ment of all Costs which may be adjudged against him in the administra- tive hearing in which the action is brought and in any subsequent appel. late court proceeding. For protest of decisions or intended decision of the Division pertahniny to agencies' request for approve clonal purchases, the bond shall be in the anwnc equ. cent of the requesting agency's estimate of the contrac the exceptional purchase requested or $5.000, whfche, In lieu of a bond, the Division or State a5mcy ma Co... accept a cashier's Check or money order In the a bond. FAILURE TO TILL TEE PROF" BOND AT TBR ITC: 0 FORMAL PROTEST, WILL RESULT IN A DENIAL OP T8t 11MIT. 9. GOV"MD]rfAL RESTRICTIONS: In the event any gcmamen tions may be imposed which would necessitate altevtio: terial quality of the services offered on this propor completion, it shall be the responsibility of the suc poser to notify 'the purchaser at once, indicating in the specific regulation which required and afteritio: any price adjustments oCC..i.n.d thereby, or to carrel ac no further expense tot the State. 10. DEPAULT, Failure to perform according to this propose sulting Contract shall be cause for your fio to be fault in which event any and all re- procaa •=en, Ci charged against your firm. Any violations of r_'es. ate Also result in: (A) Contractor's name being removed for the D- vision c vendor mailing list. (B) All State agencies being advised not to da busine contractors without written approval, of the Divit Chasing. 11. LEGAL REOUIRSDUMITS: Applicable provision of the Fed county and local lava, and of all ordinances, rules fish. shall govern development, submittal a.-_' e,olue proposals received in response hereto and s`vll govern claims and disputes which may arise between petson(sl proposal response hereto and the State of Florida, by its officers. employees and authorized re --- seatati other person, natural or otherwise; and lack of know_ bidder shall not constitute a cognizable defetse again effect thereof. 12. ADVERTISING: In submitting a proposal, prcpeser agree . the results therefrom as a part of any Commecial advee 11. ASSIGtOIDiT: Any Contract or Purchase Order issued P.C. request for proposal and the Moines which may become d' are not assignable except with the prior r -teen apps purchaser. 14. LIABILLTy: On any contract resulting from this propoe poser shall hold and save the State of P::rida, it agents, and employees harmless against claims by third sulting from he contractor's breach of this contract tractor's negligence. This requirement dtas not ap; tracts between governmental agencies. 15. FACILTTI£S: The State reserves the right to _.pact th facilities at any time with prior notice. 16. CANCELLATIONi The State Shall have the rich[ to unilate lotion for refusal by the contractor to allcw public a documents. papers, letters, or other meteni subject visions of Chapter 119, F.S., and made or received by for in Conjunction with the contract. 17. PUBLIC RECORDS, Any material submitted in • .nse to for Proposal will become a public docunct pursuant 119.07, P.S. This includes material which c'.a respond- might consider to be confidential or a trade secret. confidentiality is waived upon submission, e._active a: pursuant to Section 119.07, F.S. ANY AND ALL SPECIAL CONDITIONS AND SPECIFICATIONS ATTACHED HERETO WHICH VARY FROM THESE CONDITION SHALL HAVE PRECEDENCE. If this contract contains Federal Funds, the Catalog of Federal Domestic Assistance number(s)is n/a IN WITNESS THEROF, the parties hereto have caused this page 43 contract to be executed Undersigned officials as duly' authorized. PROVIDER: City of South Mialni SIGNED BY: Z NAME: l Ci( /ice a TITLE: DATE: STATE OF FLORIDA, DEPARTMENT OF JM TILE SIGNED BY: NAME: Woodrow W. Harper TITLE: Deputy Secretary DATE: Rev 1/9/95 TABLE OF CONTENTS Section Pa: PART 1 SECTION A. SOLICITATION /CONTRACT FORM (PUR 7033) 1_ TABLE OF CONTENTS 3 SECTION B. SERVICES AND PRICE 4 SECTION C. DESCRIPTIONS AND SPECIFICATIONS 4_ SECTION D. INSPECTION AND ACCEPTANCE 9 SECTION E. DELIVERIES OF PERFORMANCE 1( SECTION F. CONTRACT ADMINISTRATION DATA 1( SECTION G. SPECIAL CONTRACT REQUIREMENTS 1 PART SECTION H. CONTRACT CLAUSES le PART SECTION I. LIST OF EXHIBITS i( Exhibit I Price Proposal to Include Options 21 Exhibit 2 Annual Finanical and Compliance Audit Form 23 Exhibit 3 Civil Rights and Compliance Checklist 27 Exhibit 4 Instructions for Cost Price Data Sheets 29 Exhibit 5 Minority Business Enterprise Data Sheet 36 Exhibit 6 Balanced Approach 37 Exhibit 7 Invoice and Census for Fixed Price Contract 39 Exhibit 8 Quarterly Financial Report 41 Exhibit 9 Aftercare Program Model 42 STATE OF FLORIDA, DEPARTMENT CT JUVENILE JUST_C3 SECTION B. SERVICES ANT) PRICE B.I. Services The Florida DEPARTMENT of Juvenile Justice (DJJ) requires an Aftercare/Intensive Day Treatment Re -entry program to be located in DJJ District 11, Miami Dade, county(s). The purpose is to design, develop, implement, and operate a low risk to maximum risk level program for youth who are returning to their communities, with a daily capacity of 30 (male /female) youth for Dade and Monroe counties, who are committed to the Department after having been released from placement in a commitment program with a high, medium or low risk to public safety. The Provider shall provide a program utilizing a Aftercare Program Model, i.e. Intensive Day Treatment to serve youth, ages 18 and under, 7 days a week, 9:00 a.m. to 9:30 p.m., with 24 hours a day counselor access to youth for custody, care, treatment and supervision. All contractual requirements to provide service, support, and related performance shall be available and provided when the youth enters the program. The anticipated length of stay for each youth is 3 -9 months . B.2. Contract Amount The amount of this contract designated for operational expenses is $692.850. The funds available for this contract are subject to an- nual appropriation by the Legislature. B.3. Period of Performance The effective date of this contract is June 16, 1998 and the contract will end June 30, 2000. SECTION C. DESCRIPTIONS /SPECIFICATIONS C.1. Service Definitions Aftercare/Re -Entry - A type of aftercare /past - placement service where an assigned counselor tracks and intensively supervises a small caseload of youths who have returned to their home communities from a residential commitment program. Residential com- mitment programs work closely with aftercare /re -entry services staff to ensure preparation of transition services for these youth. Behavior Management Component - In an Aftercare/Re -Entry program, this component provides a framework of rewards, privi- leges and consequences to assist staff in daily management of the youth. Behavior management components often include point sys- tems, token economy systems, levels or stages of youth advancement, required elements of performance by youth and other strategies that are utilized in managing the youth population. The established behavior management component is typically coupled with other program components in the daily routine of programming in residential settings. Case Management Services - Case management services delivered during a youth's stay in a residential commitment program con- sists of the following: (1) youth intake and orientation, (2) coordination of assessment and treatment services, (3) liaison activities as- sociated with the court, the community case manager and the community aftercare PROVIDER, (4) facilitation of family contact and involvement, (5) coordination of transition planning, and other related services delivered to youth. Case Management System - A residential commitment program's case management system refers to a set of functions designed to mobilize resources to meet youth needs in a timely and appropriate fashion. The system consists of logical steps and a process of in- teraction within a service network, which assures each resident, receives a wide array of services. Commitment - A juvenile court disposition via commitment order placing an adjudicated youth in the DEPARTMENT of Juvenile Justice's custody and authorizing the DEPARTMENT to exercise active control over the youth. Comprehensive Assessment - The gathering of information for the evaluation of a juvenile offender's physical, psychological, edu- cational, vocational, and social condition and family environment as these relate to the offender's need for services. Comprehensive assessments are conducted at various points on youth in the juvenile justice system. Delinquent Youth -A youth who has been found to have committed a delinquent act by a juvenile court judge. DEPARTMENT - The Florida DEPARTMENT of Juvenile Justice (the DEPARTMENT), the executive branch agency "responsible for the planning, coordinating, and managing the delivery of all programs and services within the juvenile justice continuum." Detention - Detention provides temporary custody for youth while awaiting an adjudication hearing, disposition, or commitment placement. STATE OF FLORIDA, DEPARTIvMNT OF JUVENILE JUSTICE 4 District - Any one of the 15 geographical d ons of the DEPARTMENT. Formal Mental Health Evaluation - An in -depth evaluation conducted to establish the presence or absence of mental disorder, the severity of the disorder and recommend the corrective course of treatment. Formal Substance Abuse Evaluation - A comprehensive assessment conducted to determine the presence and severity of a drug or alcohol problem, the nature and complexity of the individual's spectrum of drug or alcohol abuse and related problems and proposed treatment. High -risk Restrictiveness Level - One of five statutorily authorized restrictiveness levels utilized by the courts for the commitment of youth to the DEPARTMENT. Youth assessed and classified for this level of placement require close supervision in a structured residential setting that provides 24- hour - per -day secure custody, care, and supervision. Placement in programs in this level is prompted by a concern for public safety that outweighs placement in programs at lower restrictiveness levels. Programs or program models in this level are staff or physically secure residential commitment facilities and include: training schools, youth training and development centers, intensive halfway houses, residential sex offender programs, long -term wildemess programs designed exclusively for committed delinquent youth and boot camp programs. Section 39.061, Florida Statutes, applies to youth placed in programs in this restrictiveness level. Length of Stay - Pertains to how long youth resides in residential programs. This term is used in residential commitment programs to denote the amount of time (usually expressed in months) for which a particular program or program model is designed. Low -risk Restrictiveness Level — One of the five authorized restrictiveness levels utilized by the courts for the commitment of youth to the Department. Youth assessed and classified for placement in programs at this level represent a low risk to themselves and public safety and do require placement and services in residential settings. Section 944.401, Florida Statues, applies to children placed in programs in this restrictivness level. Maximum Program Capacity - Refers to the number of beds /slots permitted under the contract for a particular program. Moderate -risk Restrictiveness Level — One of the five authorized restrictiveness levels utilized by the court for the commitment of youth to the Department. Youth assessed and classified for placement in programs in this restrictiveness level represent a moderate risk to public safety. Programs are designed for children who require close supervision but do not need placement in facilities that are physically secure. Programs in the moderate -risk residential restrictiveness level provide 24 -hour awake supervision, custody, care, and treatment. Section 944.401, Florida Statutes, applies to children placed in moderate risk residential programs. Mental Health Screening - The procedure used to determine the presence of a mental health problem (including suicide - risk), sub- stantiate that the youth is positive in respect to some mental health factor or that there is reason for concern about suicide risk and to identify the need for further Formal Mental Health Evaluation. Multi- Disciplinary Assessment - Evaluation of a youth by experts from various disciplines, i.e., educational, vocational, psychiatric, medical, etc. Evaluations and assessments are conducted to determine academic, mental health, substance abuse, behavioral, medical and health care needs. A multi - disciplinary assessment, once completed, provides the foundation for the development of treatment and performance plans for youth. For youth in residential placement, multi - disciplinary assessments are typically conducted during the diagnosis /initial evaluation phase of the admission/intake process. Re- assessments are conducted at various points during a youth's stay in residential care in order to validate the need for changes in performance /treatment plans. Outcome Evaluation - 1) Assessment of the extent to which a program achieves its contractual objectives related to short-term or long -term changes in program participants' behavior, knowledge or attitudes. 2) Measurement of the effects of an intervention pro- gram in the target population. Performance Plan - A service plan, supervision plan, case plan, or performance contract by individual programs. Preliminary Screening - The gathering of preliminary information to be used in determining a youth's need for further evaluation or assessment or for referral for other substance abuse, mental health or other services through means such as psychosocial interviews; urine and breathalyzer screenings; and reviews of available educational, delinquency, and dependency records of the youth. PROVIDER - the entity that has contractually agreed to provide juvenile treatment services to the DEPARTMENT. Quality Assurance (QA) - A statutorily mandated process utilized by the DEPARTMENT for the objective assessment of a pro- gram's operation, management, governance and service delivery based on established standards. STATE OF FLORIDA, DEPARTMENT OF JUVENIL- -- :STICE Restrictiveness Level = The level of custo, provided by programs that service the custo and care needs of committed youth. There are five restrictiveness levels statutory authorized by Florida Statute. Structured Learning - Structured learning is an intervention approach involving instructional and therapeutic procedures which are designed to teach desirable behaviors and enhance pro - social skills. Substance Abuse Screening - Substance abuse screening refers to the procedures used to determine the presence of a drug or alcohol problem, substantiate that the youth is positive in respect to some substance abuse factor or identify the need for further substance abuse evaluation. Successful Program Completion - Successful completion is defined as release to parent or legal guardian without supervision or to Post - Commitment community Control. Treatment Model - The formalized intervention provided by a program or facility and which is based on a sound theoretical ap- proach or treatment modality, which is applicable to juvenile offenders. Examples of formalized intervention or treatment models provided in juvenile justice settings include psycho- dynamic approaches such as individual, group and family therapy; behavioral ap- proaches such as behavioral modification, guided -group interaction and peer culture and milieu therapy; cognitive- behavioral and psycho - educational approaches such as social skills training, problem - solving training and anger replacement training; life skills ap- proaches which include drug/alcohol, academic, vocational and outdoor experiences interventions. Treatment Plan/Performance Plan - An individualized plan for delinquent youth that dictates the terms and conditions of service delivery while in placement. These plans are developed as the result of a multi- disciplinary assessment and include expectations re- garding youth performance in various areas of the program. Volume - a component of the complete proposal response containing information about the technical, management, organizational and cost elements associated with the PROVIDER'S response. C.2. Manner of Service Provision The PROVIDER shall provide program components consistent with program requirements, which shall include but are not limited to the following: • Case Management Services Provide Case Management services that shall include coordination with Department and other agency staff to identify pro- gram candidates. Goals and objectives that stress individualized performance contracts shall be developed and shall be used to benchmark each youths required progress in the program. • Diagnostic Evaluation Services The provider shall provide for the delivery of diagnostic evaluation services that shall begin when the youth are screened for placement and continue throughout the stay. The Provider shall provide a program plan for continuous screening or assess- ment to ascertain the youth's competencies or limitations in areas such as academic performance, emotional and behavioral development, social competence, problem solving skills, coping skills, vocational skills, and pre and post moral development to assess and assign treatment goals and objectives. • Treatment Process and Outcome Evaluation The provider shall provide and document on -going assessment of the youth's progress in meeting her treatment goals and objectives to assist in determining whether specific components of the youth's rehabilitative treatment such as educational in- struction or social skills training should be modified during the course of treatment. Evaluation shall be conducted to deter- mine the impact of intervention using statistically valid instrument and measurement procedures. Pre - treatment and post- treatment assessments shall be conducted in the areas to be addressed in the rehabilitative program, and shall be used to de- termine the extent to which the program was effective in addressing specific problems of juvenile offenders. • Treatment Modalities The provider shall provide programs and well - defined treatment models or theory that are applicable to juvenile offenders. The Provider shall identify and explain the treatment likelihood of re- offending. Proposed programs shall focus on eliminat- ing behaviors that have contributed to the youth's delinquency, and promote behavior and competencies that encourage pro - social change and law abiding behavior. • Development of Social Skill Enhar tent The Provider shall provide for youth to receive recognized skills training programs such as anger'replacement training, so- cial problem - solving or interpersonal problem- solving skills training, coping skills training, self - control training, etc. Pro- posed manuals and curriculum should be specified in the response based on program application. Care and Custodv The Provider shall provide care and custody shall be provided to include proper supervision of youth during hours of pro- gram operation or service, transportation, orientation of new residents upon admission, and provide for nutritional, well - balanced meals prepared and served in accordance with Department of Children &Families Manual 65 -1, dated 1991. Transportation Services The Provider shall provide transportation services for-each youth to and from the program as well as other program or cus- tody related treatments or activities to include but not limited to: appointments with medical/dental providers, emergency transportation, to and from home visits if and when practical, etc. Whenever possible, parents /guardians are encouraged to provide transportation to and from home visits. The provider shall be responsible for all transportation requiring evacuation of youth. • Health Services The Provider shall provide a full range of health services (to include health education and hygiene programs) to address the personal health and well being of youth while in the Juvenile Justice System. The provider shall provide the necessary and appropriate health care. The provider shall provide a written agreement be- tween the provider and the designated health authority chosen by the provider, (licensed general hospital, etc.) chosen by the provider to provide emergency services when applicable,within 30 days of contract execution. Health services must include the mandatory components as described in the draft DJJ Health Services Manual 3 197(such draft available upon request from the provider). These components include routine screening and evaluations, periodic evaluations for youth with chronic health problems, comprehensive physical assessments at the recommended intervals, on- going treatment for youth with acute and/or chronic health problems, updating of immunizations as needed, the availability of emergency care when needed, a regularly scheduled system of sick call care, a system for medication management, anonymous HIV testing and counseling, health education, and transitional healthcare planning when the youth is transferred, discharged or released. Additional components include systems for the management of communicable diseases, including compliance with OSHA guidelines and all other state and federal regulations related to communicable diseases. Health- related records and statistical reporting related to health care shall be conducted in accordance with the draft DJJ Health Services Manual of 3/97. Blood collection for DNA testing as statutorily mandated shall be conducted by provider in accordance with 943.325. F.S., FDJJ 8.10 of 2/97. Mental Health Services and Substance Abuse Services The Provider shall provide access to necessary and appropriate mental health services either on -site or off -site to include mental health and substance abuse screening, comprehensive mental health and substance abuse evaluations, mental health and substance abuse treatment including individual, group and family therapy and psychopharmacological therapy when ap- plicable, crisis intervention services, and emergency mental health care. Mental health services are to be provided by a serviced provider as defined by chapter 394.F.S., a licensed mental health professional or an unlicensed mental health profes- sional who provides services for which he or she is specifically trained under the supervision of a licensed mental health pro- fessional. Substance abuse services are to be provided by a licensed service provider and qualified professionals as defined by chapter 397,F.S. The Provider's proposal shall address written agreement(s) with licensed service providers or licensed mental health professionals. • Counseling Services The Provider shall provide rehabilitative counseling intended to encourage pro- social behavior and attitudes. The provider shall provide a comprehensive rehabilitation program that includes social skills training, interpersonal problem solving in- cluding family conflict resolution, and training in moral reasoning and decision - making The youth shall be exposed to a va- riety of positive and challenging learning experiences that are designed to increase youth's social responsibility and aware- ness. • Educational Services . Education services shall be provided either directly by the local school district in wh«n the Juvenile Justice Program is lo- cated or through a contract between the 230.23(4)(n), and 230.2316, Florida Statutes) local school district and Provider. (see ss.228.081, Education services shall reflect an integration of the education program with other required components of this program so that maximum use of available resources is made. Educational Services shall focus on individualized achievement, especially for achievement of the GED and be patterned af- ter the classroom laboratory setting. Provide non - traditional, creative and measurable educational program components due to the nature of these youths who typically demonstrate poor academic achievement and motivation. The provider shall provide a competency based educational program, which emphasizes literacy, computer software com- petency, employability skills and a minimum of 10 new vocabulary words per month. • Pre - Vocational and Vocational Services The Provider shall provide pre - vocational and vocational services that meet the needs of youth either directly by the local school district in which the juvenile justice program is located or through a contract between the local school district and provider. Provide pre - vocational and vocational instruction to incorporate interests, aptitudes and skills of the youth are developed in a manner likely to result in their employability and to provide an occupational advantage in their home community. Job Training and Placement The Provider shall provide Job Training activities and Placement resources for youth in the program to ensure an orderly transition into the workplace and acceptance of work ethic. • Self- sufficiency Planning The Provider shall provide a plan for independent living arrangements upon the youth's release in those situations where age and family circumstances indicate that independence and self - sufficiency is more realistic goals. Recreational and Leisure Time Activities The Provider shall provide for activities to be introduced in the program in ways that are physically challenging, educational and constructive, (i.e., activities that can be used by the youth after thew release). Provide activities to teach the youth healthy ways to maintain his own physical well being in addition to providing alternative ways of spending leisure time. Provide opportunities for physical conditioning of each youth that shall be a part of the overall recreational program. Indoor and outdoor activities shall be provided to all youth consistent with Florida Department of Ju- venile Justice Policy and Procedure 9 8.08 (Residential Commitment Programs: Off campus Activities of Youth and Public Safety dated January 4, 1996). Teamwork and fair play shall be stressed. Aftercare/Follow -up The provider shall include provisions for a program aftercare /follow -up component. The provider shall provide transitional planning with aftercare program according to Transition planning, release and transfer standard consistent with Quality Assurance Standards for Moderate Risk Residential program, dated 1/1/98, Intervention Services Manual, dated 6/10/96, and Residential Commitment Services Manual, dated 2/97 prior to the client's termination of the treatment program, and be based on the youth's identified security and treatment needs. If Provider does not directly provide services, they must have access to an agency who does, at no cost to the youth or the Department. The provider shall provide services according to the Intervention Services Manual dated June 10, 1996, Aftercare Program Model, i.e., Day treatment or community-based supervision, dated June 10, 1996, Exhibit 9, and the Providers proposal incorporated by refer- ence, all pages. C.2.1. Program Characteristics The PROVIDER shall provide the basic program characteristics of aftercare which are as follows: a. Services are based on expected outcomes. b. The level of supervision and services are determined on a case by case situation, based on risk and identified needs. c. Programs are juvenile centered and not program or level centered. d. Programs include victim awareness e. Programs incorporate community collaboration f. Programs for the Aftercare Youth Academy Program, inclusive of all pages, incorporated herein by reference. STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTIN:: C.2.2. Program Length and Risk Level The PROVIDER shall provide services to youth for the specific time period to be constant with Florida Statues and if not specified the time period is to be between three (3) to nine (9) months in duration. C.3. Youth Eligibilitv C.3.1. Admission Requirements Unless the PROVIDER is at service capacity, youth referred to its program by the DEPARTMENT shall be accepted. The admission criteria to be used by the DEPARTMENT in referring and placing youth in the program are: Adjudicated, committed, delinquent male or female;, only youth whose residence is in the District 11; Dade and Monroe county(s) youth between the ages of 18 and under, youth transferred from commitment or other programs in the District, upon recommendation by Juvenile Justice case management staff or court order, or in accordance with section C.3.2., 985.316.,F.S. Furlough and Intensive Aftercare (1) (4) (5) and 95.231 Af- trecare. The PROVIDER shall accept new admission Monday through Friday between 9:00 AM and 4:00 PM. All admissions shall be coordi- nated in advance through the DEPARTMENT'S local commitment manager. The PROVIDER'S Program staff on duty shall be nod- fled by the DEPARTMENT'S local commitment manager when a new admission is scheduled to arrive through written documenta- tion in the daily logbook. The PROVIDER'S program staff shall be advised of the following information: the youth's name and the date and time of appointment. A commitment packet will be provided by the DJJ case manager that includes a certified commitment order and petition, predisposi- tion reports, consent for treatment forms, school records, psychological/psychiatric reports, Judge's name, counselor's name, etc., will also be provided. At the time of admission and depending on the aftercare model, the PROVIDER shall present a program orientation to the youth including: a tour of the program, staff and client introductions, written rules, regulations, daily schedule, program goals, services available, client rights, grievance procedures, rules governing conduct, possible disciplinary action, projected length of pro- gram, explanation of child's involvement in developing their individual Needs Assessment, Performance Contract, and Family In- volvement Plan. C.3.2. Referral Process All referrals and placement shall be decided by the DEPARTMENT. The process for referral of youth is to be coordinated through the local district commitment manager and the DEPARTMENT'S commitment management team. C.3.3 Discharge Policy Discharges, both disciplinary and program completion, shall require written approval by the DEPARTMENT n'or to the youth's re- lease. Requests for disciplinary discharges shall meet DEPARTMENTAL guidelines. The process for discharge of youth is by notifying in writing at a minimum of 30 days prior to the scheduled release date the par- ents /guardians, DEPARTMENT of Juvenile Justice Case Manager and the court. A termination conference shall be held 30 days prior to anticipated release. All Aftercare juveniles are expected to be directly discharged form DJJ supervision, unless Post - commitment community control (PCCC) supervision is ordered by the committing court. SECTION D. INSPECTION AND ACCEPTANCE D.1. Quality Assurance Requirements The PROVIDER acknowledges that in accordance with Section 985.412, Florida Statutes, the DEPARTMENT shall evaluate t<e PROVIDER'S program to determine if the PROVIDER is meeting satisfactory levels of performance for the quality assurance stan- dards. The PROVIDER shall meet all satisfactory levels of performance for the quality assurance standards and understands that if a PROVIDER fails to meet the established minimum thresholds, such failure may cause the DEPARTMENT to cancel the PROVIDER'S contract unless the PROVIDER achieves compliance with minimum thresholds within 6 months or unless there are The PROVIDER shall provide services in accordance with applicable quality assurance stand -ds for DJJ Day Treatment/Aftercare Programs dated May 1997 as established by the DEPARTMENT at the date of release of this solicitation and any subsequent revi- sions. The PROVIDER shall participate in a minimum of one on -site quality assurance review of a similar type program for each program operated by the PROVIDER in another district during the contract year at the PROVIDER'S expense. D.2. Monitoring The Provider shall permit persons duly authorized by the DEPARTMENT to inspect any records, papers, documents, facilities, goods and services of the PROVIDER which are relevant to this contract, and/or interview any clients and employees of the PROVIDER under such conditions as the DEPARTMENT deems appropriate. Following such inspection the DEPARTMENT will deliver to the PROVIDER a list of its comments with regard to the manner in which said goods or services are being provided. The PROVIDER will rectify all noted deficiencies provided by the DEPARTMENT within the specified period of time set forth in the comments or provide the DEPARTMENT with a reasonable and acceptable justification for not correcting the noted shortcomings. The PROVIDER'S failure to correct or justify within a reasonable time as specified by the DEPARTMENT may result in the withholding of payments, being deemed in breach or default, or termination of this contract. SECTION E. DELIVERIES OR PERFORMANCE E.1. Program Outputs /Outcomes and Evaluation Measures 1 Eighty (80) percent of the juveniles admitted shall successfully complete the program as defin ed by the DJJ direct discharge or post - placement supervision. 2 Ninety (90) percent of juveniles shall participate in the school, or adult education program, employment, or be enrolled in a vo- cation/technical program for a period of six (6) months. 3 Seventy -five (75) percent of juveniles successfully completing aftercare shall not be adjudicated for subsequent criminal or delin- quent acts equal to or greater than the original commitment offense for a period of twelve (12) months. 4 Sixty (60) percent of juveniles completing aftercare shall improve a minimum 1.5 to 2 grade levels in reading based on standard- ized pre and posttest measures. The PROVIDER, throughout the term of the contract, shall document compliance with process and outcome evaluation measures for inspection upon request. The PROVIDER shall document compliance with process and outcome evaluation measures for inspection upon request. The DEPARTMENT will conduct outcome evaluations concentrating on the re- offending and re- adjudication of the juveniles who complete the program. These outcome studies consider the content of the program, its components and the duration of the program. The results will be used in the rating of the program for its future funding. SECTION F. CONTRACT ADMINISTRATION DATA F.1. Funding Source The funding source for this contract is General Revenue through the State of Florida, DEPARTMENT of Juvenile Justice, as deter- mined through the legislative appropriation process. F.2. Type of Contract The DEPARTMENT will award a Fixed Price contract as a result of this solicitation. F.3. Allowable Costs Allowable and appropriate cost principles for preparing this proposal response are those defined in: OMB Circulars A -87 for state and local governments; A -122 for non - profit organizations; A -21 for institutions of higher education; and, 48 Code of Federal Regulations (CFR) Chapter 1, Subpart 31.2 for commercial organizations other than hospitals. 10 STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE F.4. Contract Manager The person and office responsible for this program: Name: Eric Stark ` Address: 3510 Biscavne Blvd. Miami, Fl. 33137 Phone (305) 571- 5740/31 Fax: (305) 571 -5745 F.5. Return of Funds "T In the event that the DEPARTMENT discovers an overpayment has been made through periodic records checking, the DEPARTMENT will notify the PROVIDER by letter of such a finding. In the event that the PROVIDER or its independent auditor discovers an overpayment has been made, the PROVIDER shall repay said overpayment without prior notification from the DEPARTMENT. The PROVIDER shall return any overpayment to the DEPARTMENT within forty (40) calendar days after discov- ery of the overpayment by either parry. F.6. Final Invoice The PROVIDER shall submit the final invoice for payment to the DEPARTMENT no more than 45 days after the contract ends or is terminated. If the PROVIDER fails to do so, all rights to payments are forfeited and the DEPARTMENT will not honor any requests submitted after the above time period. Any payment due under the terms of this contract may be withheld until all reports due ftom the PROVIDER and necessary adjustments thereto have been approved by the DEPARTMENT. SECTION G. SPECIAL CONTRACT REQUIREMENTS G.1. Method of Payment The DEPARTMENT will pay to the provider a fixed unit price of S 31 per day per filled slot, and a vacant slot rate of fifty percent of the filled slot per diem. A slot is defined as the thirty slots that the provider has contractually agreed to provide. Payment shall be de- termined by multiplying the number of slots for the period by the per diem by the number of applicable days in the period. When the contracted number of slots are not filled , the provider shall receive a pro -rata commensurate, reduction in payment for the month. The reduction will be equal to fifty per cent of the slot per diem rate for each slot that is not filled. In the event the contract is not executed on June 16, 1998, then the providers invoice shall be computed as follows: daily rate times the number of days remaining in the month the contract is executed in and services initiated The invoice shall be submitted directly to the contract manager within 10 working days following the end of the month for which services were rendered. (Exhibit 7) The provider agrees to make the contracted number of slots continuously available throughout the term of the contract. A slot is "filled" only if the provider shall accept a juvenile for admission with eight hours notice. It is the responsibility of the provider to no- tify the DEPARTMENT when the slots are not filled. The provider shall pro- actively seek new referrals to fill any vacant slots and assure close coordination with the DEPARTMENT'S commitment team. Failure of the provider to fill a vacant slot within seventy-two (72) hours shall result in the application of the va- cant rate for the period immediate thereafter the seventy-two hours the slot became vacant. The vacant slot shall be filled within twenty-four (24) hours. All filled and vacant slots shall be reflected on the monthly census report.(Exhibit 7) G.6. Contract Renewals Contracts for services may be renewed on a yearly basis for no more than two (2) years or for a period no longer than the term of the original contract, whicheyer period is longer. Renewal shall be based, in part, upon satisfactory performance evaluations by the DEPARTMENT. Renewal of a contract for services shall be a unilateral decision of the DEPARTMENT and subject to the same terms and conditions set forth in the initial contract. The DEPARTMENT reserves the right to renew this contract for; Contract fiscal year 2000 - 2001 in the amount of S 339,450. Contract fiscal year 2001 - 2002 in the amount of $339,450. STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE !1 G.7. Information Technology Resources Each PROVIDER shall receive written approval from the DEPARTMENT prior to the purchase of Information Technology Resource (ITR) components used in the performance of contractual obligations for this contract. The PROVIDER agrees to secure written ap- proval by means of an Information Resources Request (IRR) form before the purchase of ITR components. ITR components include: data processing hardware, software, services, supplies, maintenance, training, personnel and facilities. The contract manager is re- sponsible for serving as the liaison between the PROVIDER and the DEPARTMENT'S Management Information System (MIS) bu- reau during the completion of the IRR/ITR process. The PROVIDER shall not be compensated for any ITR purchases made prior to obtaining the DEPARTMENT'S written approval. The approval form is available from the contract manager. G.8. Use of Consultants The DEPARTMENT'S review of outsourcing agreement(s) associated with this contract award does not relieve the PROVIDER of the responsibility to: (l) manage the consultant; (2) demonstrate the value added and reasonableness of consultant pricing; and, (3) meet all contractual obligations. Agreements between contractor and subcontractor shall contain provisional language that the agreement will only take force if the PROVIDER is awarded a contract as a result of a proposal. The agreement shall state the terms and conditions of performance and the fixed price. G.10. Facilitv Information The program shall operate as described in the PROVIDER'S Program Description at a PROVIDER leased or owned facility. The fa- cility shall have the physical capacity to accommodate a minimum of 30 (male /female) youths for Dade and Monroe counties and in- clude appropriate use for living, programming, recreation, food service, educational and administrative areas. The PROVIDER shall at his own expense lease, manage, operate, and be responsible for all repairs and maintenance to the facility for the term of the contract. The PROVIDER shall comply with and assume financial responsibility for all drills, inspections, maintenance certificates and re- views. Copies of all required inspections and reports shall remain on file for review. G.12. Occupancy Clause Program occupancy shall take place under the following conditions and written documentation shall be received by the DEPARTMENT after the Notice of Intent to Award posting period expires and prior to contract execution: 1. A Certificate of Occupancy issued by local building DEPARTMENT. (To include all appropriate zoning requirements). 2. All permits and fees have been paid. 3. All installations are operational and complete. 4. Proof on adequate fire and liability insurance coverage is presented to the DEPARTMENT. G.13. Leases G.13.1. Disposition of Interest The PROVIDER shall not sell, transfer, mortgage, encumber, grant concessions or licenses, or sublease in whole or part or otherwise dispose of any interest and equipment used to operate the program in the lease without the express written consent of -the DEPARTMENT. G.13.. Assignment Upon Cancellation. Termination or Expiration Should this contract be canceled, terminated or expire, the PROVIDER shall include in the lease, a clause for mandatory assignment of the lease and equipment to the DEPARTMENT, subject to acceptance by the DEPARTMENT, to maintain the lease in force through the term. This assignment shall: (a) Be executed by an instrument of assignment subject review and approval for format and legality by the DEPARTMENT. (b) Be effective on the day of cancellation, to Cation or expiration, if acceptable to the DEP TMENT. The PROVIDER shall be responsible for all lease costs on a proratea share basis for that portion of the month prior to approved assignment. (c) Have the assignment consent of the lessor as part of the PROVIDER'S lease agreement to be not unreasonably withheld. (d) Be assigned without changes of the lease rates or services. G.13.3. Lease Liabilitv Prior to any lease assignment, the PROVIDER shall remain fully liable for all terms, covenants, conditions and payments of the lease. G.14. Reports The DEPARTMENT will require progress or performance reports throughout the performance period of the awarded contract. The selected PROVIDER shall complete reports as required to become eligible for payment. Report List: Frequency Due Dates Aggregate Client Data c,,_ Monthly 10'" of the following reporting month Referral Data Monthly 101° of the following reporting month Service Data Monthlv 10" of the following reporting month Admissions Data Monthly 10'" of the following reporting month Outcomes & Output Report -,Lc- ,r, 10 Quarterly & Year End Summary 10t° of the following reporting month Inventory list - PROVIDER purchased Quarterly & with Final Invoice 10" of the following reporting month Inventory list - DEPARTMENT provided Quarterly & with Final Invoice 10i° of the following reporting month Volunteer Report — Monthly cr . . 10" of the following reporting month Financial Report Quarterly 10i° of the following reporting month Copy of Subcontracts Upon Execution of Subcontract 10" of the following reporting month G.15. Insurance When property is furnished or provided and used in the performance of this contract, the PROVIDER shall insure the property and make the DEPARTMENT the payee or co -payee in the event of a loss. This language shall be used in conjunction with the DEPARTMENT Fumished Property clause listed above. G.15.1. Limits of Coverage The PROVIDER shall, at his own expense, provide and maintain during the entire period of this contract the following minimum kinds of insurance, which may be in addition to the insurance requirements contained elsewhere in this contract or related documents: Type Amount Worker's Comp and Occupational Coverage in accordance with $100,000.00 statutory limits. Employer's Liability Coverage with a minimum limit of: Comprehensive General Liability with a minimum limit of: $500,000.00 per Occurrence Automobile Liability Insurance shall be required on the compre- -per Person $200,000.00 each hensive form of policy and shall provide bodily injury and prop- -per Occurrence for Bodily Injury $500,000.00 each erty damage liability covering the operation of all vehicles used -per Occurrence for Property Damage $200,000.00 each in conjunction with performance of this contract, with a mini- mum limit of: G.15.2. Insurance of Subcontractor The PROVIDER shall require subcontractors to provide and maintain the same insurance requirements as set forth in this contract. The PROVIDER shall maintain a copy of all subcontractors' proof of required insurance and shall make copies available to the con- tract manager upon request. G.15.3. Proof of Insurance Before commencing work under this contract PROVIDER shall certify to the contract ma r in writing that the required insur- ance cov °rage is in force. Each policy shall �untain an endorsement to the effect that any ca wellation or any material change ad- versely affecting the DEPARTMENT'S interest, shall not be effective until 30 days after insurer or the PROVIDER gives written no- tice to the contract manager. G.17. Staff Training The PROVIDER shall ensure that all direct care staff shall complete the Juvenile Justice Standards and Training Commission ap- proved basic training program for residential (or other appropriate) program staff. For those staff who have completed the initial basic training requirements, the PROVIDER shall ensure that direct care staff meet all DEPARTMENTAL training requirements and the Quality Assurance standards established by the DEPARTMENT to meet the annual training requirement. Staff training records shall be updated and maintained on file as required by Quality Assurance standards. G.23. Continuity of Services (a) The PROVIDER recognizes that the services under this contract are vital to the DEPARTMENT and must be continued without interruption and that, upon expiration, a successor, either the State or another PROVIDER may continue the services. The PROVIDER agrees to exercise its best efforts and cooperation to effect an orderly and efficient transition to a successor. (b) The PROVIDER shall, upon the contract manager's written notice, negotiate in good faith, a plan with the successor to determine the nature and extent of phase -in, phase -out services required. The plan shall specify a date for transferring responsibilities for each division of work described in the plan and shall be subject to the contract manager's approval. The PROVIDER shall pro= vide sufficient experienced personnel during the phase -out period to ensure that the services called for by this contract are main- tained at the required level of proficiency. (c) The PROVIDER shall disclose necessary personnel records and allow the successor to conduct interviews with these employees. If selected employees are agreeable to the change, the PROVIDER shall release them at a mutually agreeable date. G.24. Assignment of Claims The PROVIDER may assign its rights to be paid amounts due or that become due as a result of performance of this contract to a bank or other financing institution. Any assignment authorized shall cover unpaid amounts payable under this contract and shall not be made to more than one party. All payments due under this contract are subject to the availability of funds limitations as stated herein. Payments under this contract shall be based on full and satisfactory contract performance by the PROVIDER. G.25. Indemnification Governmental agencies: The PROVIDER shall assist in the investigation of injury or damages either for or against the DEPARTMENT of the State of Florida pertaining to the DEPARTMENT'S respective areas of responsibility or activities under this contract and shall contact the DEPARTMENT regarding the legal actions deemed appropriate to remedy such damage or claims. All contracts: The PROVIDER is responsible for all - personal injury and property damage attributable to negligent acts or omissions of that parry and the officers, employees, and agents thereof. Nothing herein shall be construed as an indemnity or a waiver of sovereign immunity enjoyed by any party hereto. STATE OF FLORIDA, DEPARTMENT OF JUVENILE .:._!TICE i{ PART 2 - CONTRACT CLAUSES SECTION H. CONTRACT CLAUSES Clauses incorporated by Reference This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. H.1. Procurement of Products or Ma- Sections 403 7065, and 287.045, Florida Statutes. terials with Recycled Content H.2. Civil Rights Requirements a. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. 2000d et seq. b. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.0 @ 794 c. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq. d. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq. e. Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849 f The Americans with Disabilities Act of 1990, Public Law. 101 -336. H.3. Abuse, Neglect and Exploitation Chapter 415, Florida Statutes The PROVIDER shall comply with all applicable state and federal laws, rules and regulations, and DEPARTMENTAL manuals. r H.10. Audits and Records To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided by the DEPARTMENT under this contract. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by state and federal personnel and other personnel duly authorized by the DEPARTMENT. To maintain and file with the DEPARTMENT such progress, fiscal, inventory reports, and other reports as the DEPARTMENT may require within the period of this contract. To include all audit and record keeping requirements in all approved subcontracts and as- signments. ,I H.10.1. Retention of Records To retain all client records, fmancial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit find- ings. Persons duly authorized by the DEPARTMENT and federal auditors, pursuant to 45 CFR, Part 92.36(i)(10), shall have full access to and the right to examine any of said records and documents during said retention period or as long as records are retained, whichever is later. Upon completion or termination of the contract and at the request of the DEPARTMENT, the PROVIDER will cooperate with the DEPARTMENT to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph 1. above. H.10.2 Annual Financial and Compliance Audit Requirements The PROVIDER shall adhere to an annual audit of its financial records by an independent accounting firm. The audit report shall state whether the PROVIDER complied with the provisions of this contract, adhered to all applicable laws and regulations, and used the DEPARTMENT'S funds properly. A copy of the audit report and related management letter shall be sent to the Inspector General Reporting HA. Requirements of Florida Statutes Section 287.058, Florida Statutes H.S. Sponsorship Section 286.25, Florida Statutes H.6. Trade Secrets Section 812.081, Florida Statutes H.7. Public Records Chapter 119, Florida Statutes H.B. False Claims Act ✓ Section 68.082, Florida Statutes H.9. State and Federal Laws and Regulations The PROVIDER shall comply with all applicable state and federal laws, rules and regulations, and DEPARTMENTAL manuals. r H.10. Audits and Records To maintain books, records, and documents (including electronic storage media) in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided by the DEPARTMENT under this contract. To assure that these records shall be subject at all reasonable times to inspection, review, or audit by state and federal personnel and other personnel duly authorized by the DEPARTMENT. To maintain and file with the DEPARTMENT such progress, fiscal, inventory reports, and other reports as the DEPARTMENT may require within the period of this contract. To include all audit and record keeping requirements in all approved subcontracts and as- signments. ,I H.10.1. Retention of Records To retain all client records, fmancial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this contract for a period of five (5) years after termination of this contract, or if an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit find- ings. Persons duly authorized by the DEPARTMENT and federal auditors, pursuant to 45 CFR, Part 92.36(i)(10), shall have full access to and the right to examine any of said records and documents during said retention period or as long as records are retained, whichever is later. Upon completion or termination of the contract and at the request of the DEPARTMENT, the PROVIDER will cooperate with the DEPARTMENT to facilitate the duplication and transfer of any said records or documents during the required retention period as specified in paragraph 1. above. H.10.2 Annual Financial and Compliance Audit Requirements The PROVIDER shall adhere to an annual audit of its financial records by an independent accounting firm. The audit report shall state whether the PROVIDER complied with the provisions of this contract, adhered to all applicable laws and regulations, and used the DEPARTMENT'S funds properly. A copy of the audit report and related management letter shall be sent to the Inspector General not later than 120 days after the close of the )VIDER'S f scat year. Failure to comply w? his procedure could result in cancel- lation of the contract. The PROVIDER shall allow members of the Inspector General's Office timely access to its facilities, records, and staff members in the conducting of investigations, audits, and quality assurance reviews. The PROVIDER further agrees to remove from the facility or programs any PROVIDER staff members who refuse to answer questions directed to them or provide information requested of them by the Inspector General's Office. Failure to comply with these requirements could result in cancellation of the contract. To provide a financial and compliance audit to the DEPARTMENT as specified in Exhibit 1 and to ensure that all related party trans- actions are disclosed to the auditor. HA 1. Service Delivery Documentation The PROVIDER shall maintain records documenting the total number of recipients and names (or unique identifiers) of recipients to whom services were provided and the date(s) on which services were provided, so that an audit trail is available for review docu- menting delivery of service. H.12. Inspector General Requirements Pursuant to Section 20.055, Florida Statutes, the Office of the Inspector General is responsible for providing direction for supervising and coordinating audits, investigations, and reviews relating to the programs and activities operated by or financed by the DEPARTMENT for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud, waste, and abuse in, its programs and activities. H.12.1. Background Screening The PROVIDER shall comply with the DEPARTMENT of Juvenile Justice, Office of the Inspector General's Statewide Procedure on Background Screening for Employees, PROVIDERS, and Volunteers. The PROVIDER agrees, at no cost to the DEPARTMENT, to comply with the requirements for the background screening as mandated in Section 39.001, Florida Statutes. Failure to comply with the DEPARTMENT'S background screening procedure could result in cancellation of the contract. H.12.2. Incident Reportingi A r - rv.w. The PROVIDER shall comply with the DEPARTMENT of Juvenile Justice, Inspector General's Statewide Incident Reporting Proce- dure. Failure to comply with this procedure could result in cancellation of the contract. H.12.3. Client Risk Prevention The PROVIDER and any subcontractors shall, in accordance with the client risk prevention system, report situations listed in the In- spector General's reports procedures now in effect or under such procedures as the DEPARTMENT subsequently issues. H.13. Non - expendable Tangible Personal Property Non - expendable tangible personal property is defined as property that is of a non - consumable nature. 1. Title (ownership) to all non - expendable property acquired from: a) the expenditure of funds provided under a cost - reimbursement contract: b) the expenditure of funds provided as start-up; or c) expenditure of funds provided as operational expense dollars for which the total cost of the property was directly allocated to the program budget and for which the DEPARTMENT relied upon to determine the total price to be "fair and reasonable" shall be vested in the DEPARTMENT upon the purchase of the property. 2. All State -owned property acquired by the PROVIDER through funding sources identified in (1) above, with a value or cost of $500 or more and certain hardback - covered bound books shall be accounted for in accordance with Chapter 10.300, Rules of the Auditor General. 3. All property acquired by the PROVIDER through funding sources identified in (1) above, is owned by the state at the time of pur- chase, all such property with a value or cost of $50 or more, but less than $500 shall be accounted for by the PROVIDER utilizing a system developed by the PROVIDER. The PROVIDER property accountability system shall contain, as a minimum: item de- scription, serial or manufacturer's number, date purchased and condition of property. The system shall be designed to reflect any changes as to the status of property such as condition or disposition. 4. At no time shall the PROVIDER dispose of State -owned property except with the permission of, and in accordance with DEPARTMENT policies and procedures. i6 STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE 5. The PROVIDER acknowledges and agr !hat any State -owned property• purchased tl• h funding sources identified in (I) above shall be used solely by the PROVIDztt in delivery of the contractual services identitn,u in this contract. The DEPARTMENT found it necessary to purchase property through the vendor as opposed to direct acquisition for the following reason(s): (Check one or more) 1. The property is solely intended for use by the vendor in the delivery of the contracted services. Continued use of this property is intended throughout its useful life by the same or different PROVIDERS under subsequent continuing con- tracts. It is not intended for direct use by DEPARTMENT staff. 2. The property is critical to the delivery of the contracted services and the cost is more appropriately identified as a con- tract cost rather than Operating Capital Outlay by the DEPARTMENT. X 3. Direct purchase by the vendor is more efficient than DEPARTMENT purchase, which would include additional costs for storage, delivery, retrieval, disposal, etc. H.14. Facility Standards The PROVIDER shall conform to standards required by the fire and health authorities with jurisdiction. Facilities and grounds will be maintained to provide a safe, sanitary and comfortable environment for youth, visitors and employees. H.15. Copyrights and Right to Data Where activities supported by this contract produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representation and works of any similar nature, the DEPARTMENT has the right to use, duplicate and disclose such materials in whole or in part in any manner, for any purpose whatsoever, and to have others acting on behalf of the DEPARTMENT to do so. If the materials so developed are subject to copyright, trademark or patent, legal title ani every right, interest, claim or demand of any kind in and to any patent, trademark or copyright, or application for the same, will vest in the State of Florida, DEPARTMENT of State for the exclusive use and benefit of the state. H.16. Immigration and Nationalitv Act The DEPARTMENT shall consider this a violation of section 274A (e) of the Immigration and Nationalization Act. If the contractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this contract. H.17. Arrest Reporting Requirements. The PROVIDER shall to implement a written procedure requiring all owners, operators, directors and caretaker /direct contact staff who have been arrested for anv criminal offense to make a report of their arrest, either written or oral, to their immediate supervisor within three (3) workdays of the arrest. This procedure shall require the imposition of corrective action for non - compliance. H.18. Termination for Convenience The contract may be terminated by the DEPARTMENT upon no less than thirty -(30) days notice, without cause, at no additional cost, unless a different notice period is mutually agreed upon by the parties. H.19. Termination for Default The DEPARTMENT may, by written notice to the PROVIDER, terminate this contract in part or whole upon notice. If applicable, the DEPARTMENT may employ the default provisions in Chapter 60A- 1.006(4), Florida Administrative Code. Waiver of breach of any provisions of this contract shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this contract. The provisions herein do not limit the DEPARTMENT'S right to remedies at law or to damages (in- cluding, but not limited to, re- procurement cost). All termination notices shall be sent by certified mail, or other delivery service with proof of delivery. H.20. Re- negotiation or Modification Modifications of provisions of this contract shall only be valid when they have been reduced to writing and duly signed by all parties observing all the formalities of the original contract. The DEPARTMENT is not obligated to pay for costs related to this contract that were incurred prior to the date of contract execution or after the termination date. The parties agree to re- negotiate this contract if federal and/or state revisions of any applicable laws, or regulations make changes in this contract necessary. STATE OF FLORIDA, DEPARTMENT OF �17,rENILE JUSTICE 17 H.21. Venue The venue for all legal and administrative proceedings construing this contract shall be Leon County, Florida. This contract shall be governed by, and construed under, the laws of the State of Florida. H.22. Other Contracts The PROVIDER shall provide a listing of all current and potential federal, state, or local gdveriment contracts as well as other con- tracts entered into with for profit and not- for - profit organizations. Such listing shall identify the awarding entity, contract amount or anticipated amount, and contract start and end dates. H.23. Assignments and Subcontracts The PROVIDER shall not assign responsibility of this contract to another party nor subcontract for any of the work contemplated un- der this contract without written approval of the DEPARTMENT. No such approval by the DEPARTMENT of any assignment or subcontract shall be deemed in any event to provide for the DEPARTMENT incurring any obligation in addition to the total dollar amount agreed upon in this contract. H.24. Office of the Vendor Ombudsman A Vendor Ombudsman Office has been established within the DEPARTMENT of Banking and Finance. Office duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Office of the Vendor Ombudsman may be contacted at (904)488 -2924 or by calling the State Comptrollers Hot Line, 1- 800 - 848 -3792. H.25. Prison Rehabilitative Industries and Diversified Enterprises Inc (PRIDE) It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be pur- chased from the corporation identified under Chapter 946, F.S., in the same manner and under the same procedures set forth in Sec- tion 946.515 (2), and (4), F.S.; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. H.26. Use of Funds for Lobbving Prohibited v' The PROVIDER shall comply with the provisions of Section 216.347, F.S., which prohibits the expenditure of contract funds for the purpose of lobbying the Legislature, judicial branch or a state agency. H.27. Public Entitv Crime Statement A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods and services to a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be award or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. H.28. Prompt Payment J - Section 215.422, Florida Statutes, provides that agencies have 5 working days to inspect and approve goods and services, unless bid specifications or the purchase order specifies otherwise. With the exception of payments to health care PROVIDERS for hospital, medical, or other health care services, if payment is not available within 40 days, measured from the latter of the date the invoirp is received or the goods and services are received, inspected and approved, a separate interest penalty set by the Comptroller pursuant to Section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, con- tact the Agency's Fiscal Section at (904) 921 -2186 or Purchasing Office at (904) 921 -6686. Payments to health care PROVIDERS for hospitals, medical or other health care services, shall be made not more than 35 days from the date of eligibility for payment is determined, and the daily interest rate is .03333 %. Invoices returned to a vendor due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. (2) Each segregable portion of the proposed effort, as discussed in subparagraph (2) of the instructions for the overall project/program cost element breakdown summary. (c) For contractual amendments necessitating a change in contract material costs, the offeror shall include a material cost element breakdown summary which covers only the changed material costs, whether it be an increase or decrease. See, also, the instruction (3) for the overall projecvprogram cost element breakdown summary. (2) DIRECT LABOR: No. (1) Pos. Name (2) Month Salary (3) Retire (4) FICA (5) Health Ins. (6) Life Ins. (7) Other (8) Total Fringe Bens. (9) Annual Salary w/ Bens (10) % of Yr on Contr (11) Total Salary on Comr. (12) Basis for Salary Reason (13) Totals (a) Instructions for each column are as follow: (1) Column 1: Enter the number of persons in each position category ( e.g., program director, aftercare case worker, etc.) listed who will be performing as part of the proposed effort for this contract. (2) Column 2: Enter the name of each position category performing the proposed effort. (3) Column 3: Enter the monthly salary for each position category listed as performing the proposed effort. (Note: If a particular position category [i.e., identical job position titles] includes a number of individuals who are paid at different rates based upon seniority or other factors, enter the weighted average amounts for the data required in columns 3 through 8. A weighted average is computed by: (1). Multiplying the number of individuals paid at that rate by that rate (repeat this for each different rate); (2). Adding all products of those multiplications; and (3). Then dividing that sum by the total number of individuals in the overall position category.) (4) Column 4: Enter the amount of money contributed monthly into the retirement fund by the offeror for this position category. (5) Column 5: Enter the amount of money paid monthly by the offeror for FICA for this position category. (6) Column 6: Enter the amount of money paid monthly by the offeror to cover health insurance for this position category. (7) Column 7: Enter the amount of money paid monthly by the offeror to cover life insurance for this position category. (8) Column 8: Enter the dollar amount of any other fringe benefit paid monthly by the offeror to those in this position category, if any, and specify the type of fringe benefit. (9) Column 9: Enter the total of columns (4) through (8). (IO)Column 10: Enter the annual salary with all fringe benefits paid by the offeror. To compute this amount, add columns (3) and (9); and multiply that sum by 12. 33 (11) Column 11: Enter the percent of time the person(s) within this perform on this contract during the year. For example, if the person(s) filling this position category work full -time for 9 months of the year on this contract, enter 75 %. (12) Column 12: Enter the total salary of those persons in this position category performing on this contract. Therefore, multiply the number of persons performing in this category (column 1) by the annual salary with fringe benefits (column 10); and then multiply that product by the % of year on contract (column 11). Enter that final product into column 12. (13) Column 13: Provide the basis for determining the salary for this position is reasonable. Is it based upon a regional or national survey of salaries in this category? (b) A direct labor cost element breakdown shall be submitted for: (l) Each year of the proposed effort and (2) Each segregable portion of the proposed effort, as discussed in subparagraph (2) of the instructions for the overall project/program cost element breakdown summary. (c) For contractual amendments necessitating a change in contractual direct labor to be performed, the offeror shall include a direct labor cost element breakdown summary which covers only the changed direct labor performance, whether it be an increase or decrease. See, also, instruction (3) for the overall project/program cost element breakdown summary. (3) INDIRECT COSTS (OVERHEAD AND GENERAL & ADMINISTRATIVE [G &Aj EXPENSES): INDIRECT COSTI EXPENSE CATEGORY (U RATE (2) TYPES OF COSTS INCLUDEDIN THIS INDIRECT COST CATEGORY (3) EXPLAIN RATE (4) BASIS FOR RATE REASONABLE (5) (a) Instructions for each column are as follow: (l) Column 1: List each separate indirect cost/expense category included in the cost proposal (i.e., labor overhead, material overhead, G &A, etc.) (2) Column 2: Indicate the % rate applied for each category. (3) Column 3: List the types of costs included in each indirect cost category. (4) Column 4: Explain how each rate is applied. Identify the costs to which the rate is multiplied. Explain how it is computed. (5) Column 5: Describe the basis for your determining the reasonableness of the rates. Include which years' expenses were used to determine each rate, the costs within the indirect cost category, and the overall costs used to arrive at the applicable rate. (b) Each rate shall be consistently applied for each year of the proposed effort. Any deviations from the consistent application of any rate shall be fully explained and justified with supporting documentation. 34 (4) OTHER COSTS: TOTAL COST (a) Instructions for each column are as follow: (1) Column 1: List the categories of costs or expenses not otherwise included in the categories described above (e.g., travel and consultant services). (2) Column 2: Enter the total costs for each category listed here. (3) Column 3: Explain the basis used to price each category included as an other cost. For instance, explain the cost estimating relationship between this category of other cost and another cost category (b) An "other cost" cost element breakdown shall be submitted for: (1) Each year of the proposed effort and (2) Each segregable portion of the proposed effort, as discussed in subparagraph (2) of the instructions for the overall project/program cost element breakdown summary. (c) For contractual amendments necessitating a change in other costs, the offeror shall submit an "other cost" cost element breakdown for the affected costs, whether it be an increase or decrease. See, also instruction (3) for the overall project/program cost element breakdown summary. (5) PROFIT/FEE (applicable only to for - profit organizations): PROFIT OR AWARD BASE COSTS TO DOLLAR AMOUNT BASIS FOR FEE RATE WHICH APPLIED OF PROFIT OR FEE DETERMINING (I) (2) (3) REASONABLE (4) (a) Instructions for each column are as follow: (l) Column 1: Enter the percentage rate for the profit or award fee for the contract. (2) Column 2: Describe the costs to which the rate is applied (i.e., total costs, total costs minus G &A, etc.). (3) Column 3: Self - explanatory. (4) Column 4: Describe how you determined the profit or award fee rate to be reasonable. Include a discussion of how risk was addressed. (b) The profit rate shall be consistently applied for all years of the proposed effort. 35 EXHIBIT 5 CONTRACT ADMINISTRATION MINORITY BUSINESS ENTERPRISE DATA AS OF MBE ID'S: "H " - African Americans "I"- Hispanic Americans "J" -Asian "K" - Native Americans "M "- American Women Provider: Complete this form and submit with monthly invoice to contract manager. Contract Manager: Forward invoice to Finance and Accounting and this form to Contract Administration. PROVIDER NAME: PROVIDER ADDRESS: Contract #: Contract Amount: If Prime is CMBE mark (x) below: 100 INVOICE MONTH AMT CMBE MBE AMT PD MBE CMBE NAME ID # ID THIS INVOICE TOTAL AMOUNT PAID TO MBE'S "H" THIS INVOICE "I" "J" "K" 36 EXHIBIT 6 FLORIDA DEPARTMENT OF JUVENILE JUSTICE THE BALANCED AND RESTORATIVE JUSTICE APPROACH The Florida Department of Juvenile Justice promotes a balanced and restorative justice approach throughout the juvenile justice continuum to achieve public safety. The department has adopted this approach as the cornerstone of its philosophy for intervention services. The balanced and restorative justice approach is a concept not a program. It includes both sanctions and rehabilitation. The balanced and restorative justice approach requires juvenile justice systems to devote attention to making amends to victims and communities, increasing offender and family competencies, and protecting the public, through processes in which offenders, parents, victims and communities are all active participants. The balanced and restorative justice approach has three goals: Community Protection and Public Safety; Offender Accountability; and Competency Development. The juvenile justice system has three primary clients /customers: The Victim; The Offender; and The Community. "The overarching goal of "balance" suggests that policies and programs should seek to address each of the three goals in each case and that system balance should be pursued as managers seek to allocate resources to meet needs and achieve goals associated with each client/customer. (Bazemore and Umbreit, Balanced and Restorative Justice for Juveniles: A National Strategy for Juvenile Justice in the 21" Century, The Balanced and Restorative Justice Project, September 1995) Balanced and Restorative Justice Principles Community Protection The public expects the juvenile justice system to place equal emphasis on promoting public safety and security at the lowest possible cost. The public has a right to safe and secure communities. Offender Accountability The juvenile justice system must respond to delinquent behavior in such a way that the offender is made aware of and held responsible for repaying or restoring loss, damage, or injury perpetrated upon the victim and the community. Competency Development Offenders who enter thejuvenile justice system should exit the system more capable of being productive and responsible citizens in the community. The system must focus on the need to transmit social competence; educational, vocational, employability, cognitive, and positive alternative life skills to juvenile offenders. This principle plays a major role in helping to normalize the behavior of troubled youth. If the system is made aware of an offender's competency deficits, the partners within the system must work together to address these problems. Otherwise, the offender and the entire system are being set up for repeated failures. Individualized Assessment and Intervention Each offender, his/her delinquent or problem behavior(s), social surroundings, circumstances, background, particular talents, and deficiencies must be examined on an individual basis to assure that appropriate corrective steps are taken. 37 We must develop an individualized assessment in partnership with the offender, the family, the victim, and our partner agencies as a means to accomplish public safety, accountability, and competency development. We must also develop a corresponding sanctions /intervention plan which recommends program options and services that directly address the offense, behavior pattern, and their contributing factors. Progressive Response System Offenders possess vastly different needs and they pose substantially different risks to the community. All recommendations and case plans shall be based on individual assessments to identify and address these needs and risks. The pro gressive response system provides appropriate sanctions and competency development resources to tailor the intensity of the system's response to the degree of delinquency. The progressive response system is intended to ensure that offenders receive appropriate control, surveillance, and resources. Each level of the juvenile justice continuum reflects gradual increases in community protection measures, elements of accountability, and competency development efforts. Case managers are charged with developing recommendations and case plans that are aligned with such a system. Recommendations and classifications should impose greater control and structure when increased risk and noncompliance are exhibited by offenders. However, the degree of intervention should be no more than is required to achieve the desired change in behavior. Progressive response systems must be locally tailored, at the district and/or unit level. Department staff and contracted providers should actively seek support from and work closely with partner agencies. These resources shall be integrated into the local progressive response system. Each district and/or unit must revise its progressive response system as needed. Additionally, each district and/or unit must review its system at least twice yearly to ensure that it is current. M. L' G:1 c <z C F Z z O c� L-1 z w A zz w U 0 ti cn L-7 C ° D a � u z O W Z 0 .. w a O L ° C W L w U N e k. ❑ Q c E c O ^ U x � E E ❑ O U it C U E r. O > U 'O G d c C W O T F O b U t e F u a 3 0 1° u U C :e O 3 E d w e O u A C � z u u `F 0 v 2 'v e c d u r n s c F N d U r. u N `O F 0 a N W 0 e 0 U c U e 0 U c F V 2 � u H CG O U L a � u N F t � L n u « o a u Q 6 z u e 0 R, u a C u OL c C 0 A } C E z L } L O W 0 c�. L < V y L C C n O U G n � c� G }W n � o E v< W F U ° j o U � U u E. c ° C ° z L 'C v O u o U C Z r � e ° c•• V •� C O u G e k. ❑ Q c E c O ^ U x � E E ❑ O U it C U E r. O > U 'O G d c C W O T F O b U t e F u a 3 0 1° u U C :e O 3 E d w e O u A C � z u u `F 0 v 2 'v e c d u r n s c F N d U r. u N `O F 0 a N W 0 e 0 U c U e 0 U c F V 2 � u H CG O U L a � u N F t � L n u « o a u Q 6 z u e 0 R, u a C u OL c C 0 A } C E z L } L O W 0 c�. L < E 0 z V L G O V E C. z E L CD O L mil 11111111111111111 e WEENNEEMMEMENEEM NONE Boom IMEN �9 ON No e MIMMINIMMIMMEMEM e m HE oil C C r L u r lI u �L u C. L 0 0. yU 1� �u G r. C V L O v +' N O � L p Cr N w e r. w .r o V w .y C r � f=1 W N N L ♦' Q w i. V C U c C 'a N 7 p Mad, m a F Q v C Q F O T u n EXHIBIT 4 AFTERCARE PROGRAM MODEL Classification: Juveniles who are being released from placement in a moderate to maximum risk commitment programs and returning to their communities. Length of Stay: 3 - 9 months Program Capacities: Varies, based on type of program. 10 (00 of NEOU3 1AYWA Aftercare is a legal status in which services are provided to assist juveniles in the adjustment of returning to the community from resi- dential or non - residential commitment programs. Aftercare is either court ordered in which the court has jurisdiction, or statutorily required in which the court has jurisdiction, or statutorily required in which the Department has jurisdiction. There are various types of services involved with aftercare, which are based on the juveniles' needs and public safety risk. The basic components of aftercare are as follows • Services are based on expected outcomes • The level of supervision and services is determined on a case by case basis, not based on what level program the juvenile is as- signed • Programs are youth centered, and not program or level centered • Programs include victim awareness • Programs incorporate community collaboration Generally, services for juveniles on re -entry status are designed as individualized outreach programs, which work in the juveniles' communities, neighborhoods and homes. To ensure accountability, the program maintains multiple weekly face -to -face contacts with the juveniles, schools, families, and employers of the juveniles. Post- Commitment Community Control is a legal probationary status and programming is designed forjuveniles who are returning to their communities, but have been placed on this status by the court. The objective of post - commitment community supervision is a monitor juvenile's behavior, provide assistance by directing juveniles to community services appropriate to their needs, and aidjuve- niles in recognizing alternatives to crime. Furlough status is designed for felons and misdemeanants who have been committed by the court to the Department, and are later permitted to leave a residential or non - residential commitment program with a performance based agreement and the awareness that they are still under the Department's jurisdiction. Juveniles can remain on furlough for up to 120 days and are successfully dis- charged upon completion of the furlough agreement. ADMISSION CRITERIA Juveniles who have been released form moderate to high risk residential programs are typically placed on aftercare status. Juveniles who have been placed on the state's training schools are released form moderate to high risk residential programs are typically placed on post- commitment community control and/or furlough status under the direction andjurisdiction of the Department. PROVISION OF SERVICES Aftercare services are either contracted or provided by the Department and serve as post - placement non - residential programs for moderate to maximum -risk juveniles who have completed the initial phase of their commitment. Juveniles are identified for aftercare treatment services at the pre- disposition, multidisciplinary staffing. Aftercare is a planned service delivery program, which uses tech- niques such as tracking and matching juvenile needs with appropriate resources. The objectives of the aftercare program are to plan, guide and assist juveniles with successful readjustment to community living, including appropriate resources. The objectives of the aftercare program are to plan, guide and assist juveniles with successful readjustment to community living, including appropriate edu- cational programs. Intensive relationships with counselors provide juveniles with an opportunity to evaluate their present behaviors, direction and purpose, in an effort to develop and increase desired success oriented behavior. • Protection of the public through appropriate levels of supervision • Juveniles will successfully begin to live a delinquent -free lifestyle 13 _ ;_ -;• ;_u •� Evaluation of the program objectives shall include pre and post documentation. Program objectives shall include prescribed competencies required for juveniles to make a successful reintegration to their family and community, as evidenced through school attendance and achievement or graduation, gainful employment, and successful completion of juvenile's post - placement supervision. Outcome measures and program objectives shall be explicitly detailed in contracts. These measures and objectives will be based on treatment models defined by the Department. Decisions to continue contractual relationships with 1 providers shall be based on successful fulfillment of program objectives and outcomes measures. Al OCT -13 - -R THE 12:'1 OFFICE OF DEVELOPMENT 305 665 0381 P.01 FAX COVER SHEET CITY OF SOUTH MIAMI YOUTH ACADEMY 6900 S. W. 59TH PLACE SOUTH MIAMI, FLORIDA 33143 Phone (305)665-0508 Fax (305)6650381 SEND TO Company name City of South Miami Finance Department From M. L. Carstar hen Attention Maria Munro _ Date 10/73/98 Phone number 305 663 -6343 ax F number 305 663 -6346 ❑ urgani ❑ Repty ASAP Please comment ❑ Please review ❑X For yourinlormovon Totatpages, inducM9 cover. 3 COMMENTS OCT -13 -98 TTJE 12:22 OFFICE OF DEVELOPMENT 305 665 03E1 P. 02 CITY OF SOUTH MIAMI YOUTH ACADEMY A FLORIDA DEPARTMEW OF JUVEMLE JUSTICE AFTERCARE PROVIDER October 7, 1998 Mr. Eric Stark, Contract Manager Florida Department of Juvenile Justice 3510 Biscayne Boulevard suite 311 Miami, FL 33137 Re: DJJ Contract #K8001 Contract Amendment Dear Mr. Stark: On September 11, 1998, the City of South Miami requested an amendment to Section 131, Method of Payment, of Contract #K8001, between the City of South Miami (the "City ") and the Florida Department of Juvenile Justice ('DJJ"), dated to be effective as of June 24, 1998 ('the Contract"), We understand that the District XI Contract Office has recommended /approved the request to amend the contract as proposed and authorizes the Academy to lease a 4,900 square foot stand alone facility at a rate of $12,00 per square foot. The lease would also allow the Academy to sublease. We agree to aggressively seek a suitable tenant. When the facility is sublet, we agree to initiate steps to adjust the rent payable by the Academy accordingly. The proposed amendment will result in a fixed price contract. Paragraph one of Section GA, Method of Payment, currently reads: The DEPARTMENT will pay to the provider a fixed unit price of $31 per day per fined slot, and a vacant slot rate of fifty percent of the filled slot per diem. A slot is defined as the thirty slots that the provider has contractually agreed to provide. Payment shall be determined by multiplying the number of slots for the period by the per diem by the number of applicable days in the period. When the contracted number of slots are not filled, the provider shall receive a pro -rata commensurate, reduction in payment for the month. The reduction will be equal to fifty percent of the slot per diem rate for each slot that is not filled. In the event the contract is not executed on June 16, 1998, then the providers Invoice shall be computed as follows: daily rate times the number of days remaining in the month the contract is executed in and services initiated. As emended, paragraph one of Section G.1, Method of Payment, would read: The DEPARTMENT will pay to the provider a fixed unit price of $31 per day per slot. A slot Is defined as the thirty slots that the provider has contractually agreed to provide. Payment shall be determined by multiplying the number of slots for the Period by the per diem by the number of applicable days in the period. in the event the Ccntract is not executed on June 16, 1998, then the providers invoice shall be (305) 665.05N Telephone # 6900 6. W. 59TM Place, 5eulA AfAm1, flovide 53133 ♦ (305) 665-0381 Fmir,Oe 2O7-13 —g8 TUE 12 :23 OFFICE OF DEVELOPMENT 305 665 0381 P,03 CM OF SOUTH MIAMI YOUTH ACADEMY A FLORIDA DEPARTMENTOF JUVENILE Jt;STlCE•AFCERCARE PROVIDER Computed as foltows: dally rate times the number of days remaining in the month the contract rs executed in and Services Initiated. Wq also understand that the process to Complete the contract amendment may extend to November and that the amendment will be effective as of the date of execution. Finaly, the Contract Office has approved our line item budget adjustments in accordance with the attached "Proposed Adjusted Budget Summary." If the foregoing accurately summarizes the dispasition of DJJ approving a fixed price contract, authorizing the lease of a 4,900 square foot building and sooroong the budget adjustment, please sign txtcw. bJJCONCURRENCE By: Signature / position Date, 1 °- 44"), �r , , C.NaW,ry{1a9a�LNM�ttyt . Ca,2tYV.arionW F.. V G IDII..W DJJ NON - CONCURRENCE By: Signature / position Date: (305)66SU506 TeIePhon• • 6900 S.W. 591 PLUt, Sovlh NbarnL FoIda 33143 • (3 6665-•0.fanimilt H.29. Civil Rights and Compliance Ch ist The PROVIDER agrees to complete the Civil Rights and Compliance Checklist, if services are rendered to clients and if 15 people or more are employed. See Exhibit 3. H.30. Bloodborne Pathogens The program shall comply with Federal Rule 1910.1030 regarding Bloodborne Pathogens. STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE 19 PART 3 - LISTS OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS SECTION I. LIST OF EXHIBITS [A. Exhibit 1 Price Proposal Sheet to Include Options 1.2. Exhibit 2 Annual Financial and Compliance Audit Form 1.3. Exhibit 3 Civil Rights and Compliance Checklist 1.4 Exhibit 4 Instructions for the Cost Price Data Sheets 1.5 Exhibit 5 Minority Business Enterprise Data Report 1.6 Exhibit 6 Balanced Approach 1.7 Exhibit 7 Invoice for Fixed Price Contract and Census 1.8 Exhibit 8 Quarterly Financial Report 1.9 Exhibit 9 Aftercare Program Model STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE 20 Exhibit 1 Price Proposal Sheet to include Options RFP [ #] RFP [title] Price /Cost for Basic Requirements $ UNIT (X) UNIT RATE/PRICE (X) S UNITS (X) UNIT RATEI PRICE (X) $ UNITS (X) UNIT COST (X) Price /Cost for Service Delivery Options Total Price /Cost for Requirements 21 OPTION 1: SERVICE DAYS (_) COST OPTION 2: SERVICE DAYS (_) COST $ [OR] OPTION 3: UNIT OF (_) COST DELIVERY $ Exhibit 1 Instruction Sheet to include Options 1. If this solicitation is to include options which may include; beds, slots, additional services, etc. The contract manager shall in accordance with Section G, item 4, list the options on the price proposal sheet, that will be available. 2. The offeror will include in their response the price for those options on the Price Proposal Sheet to include Options below. 3. After any negotiations, the contract manager will either (a) retain the original price proposal sheet as submitted from the offerors proposal; or (b) add a new price proposal sheet with the information agreed upon during negotiations. 22 EXHIBIT 2 DEPARTMENT OF JUVENILE JUSTICE CHECK LIST FOR COMPLIANCE WITH FEDERAL AND DEPARTMENTAL AUDIT REQUIREMENTS The financial and compliance audits contract attachment covers all reporting possibilities, including no audit required, and is intended to be affixed to all PROVIDER contracts. The accompanying audit matrix provides the various audit requirements for a contractor based on the funding received and PROV IDER's type of organization. The third column of Roman numerals refers to the parts of the contract financial and compliance audits attachment. Other considerations: 1. Audit requirements apply to the entity, as opposed to individual contracts; therefore, multiple contracts totaling in excess of fund requirements may subject the PROVIDER to audit requirements, even though individual contracts are less than the fund requirements. 2. Contracts with other governmental entities, such as state universities, should contain the audit requirements. The Auditor General's audit report on these entities will satisfy the requirement but the attachment, "Financial and Compliance Audits," needs to be in the contract. 3. Contractors with DJJ who subcontract with other PROVIDERS are responsible for ensuring that the attachment, "Financial and Compliance Audits" is attached to each applicable subcontract. 4. All reimbursement contracts, fixed price contracts, and rate agreements are subject to audit requirements. 5. Payments for Medicaid services performed by a clinic or hospital under a federally approved state plan are exempt from these audit requirements. 6. A PROVIDER not required by the financial and compliance audits attachment to submit an audit can be required to have an audit if the contract manager so desires. This would have to be a specific contractual requirement. 23 COMPLIANCE AUDITS This section is applicable, if the PROVIDER or grantee, hereinafter referred to as PROVIDER, is any government entity, nonprofit organization, or for - profit organization. An audit performed by the Auditor General shall satisfy the requirements of this section. PART I: FEDERALLY FUNDED This part is applicable if the PROVIDER is a local government entity or nonprofit organization and exzpends a total of $300,000 or more in federal funds received from the department during its fiscal year. Local governments and nonprofit PROVIDERS shall comply with OMB Circular A -133, Audits of Institutions of Higher Learning and Other Nonprofit Institutions except as modified herein. Such audits shall cover the entire organization for the organization's fiscal year. The audit shall cover the entire organization for the organization's fiscal year. The audit report shall include a schedule a financial assistance that discloses each state contract by number. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. Where applicable, the audit report shall state whether or not matching requirements were met. All questioned costs and liabilities due to the department shall be calculated and fully disclosed in the audit report with reference to the department contract involved. If the PROVIDER received more than $25,000 of grants and aids appropriation funds, the PROVIDER will also submit a compliance report in accordance with the rules of the Auditor General, Chapter 10.600, and indicate on the schedule of state financial assistance which contracts are funded from state grants and aids appropriations. The PROVIDER agrees to submit the required reports as shown in Part IV PART II: STATE FIINDED This part is applicable if the PROVIDER is a nonprofit organization that receives a total of $100,000 or more from the department during its fiscal year, which is not paid on a set state or area -wide fixed rate for service, and expends less than $300,000 in federal funds received from the department during it's fiscal year. The PROVIDER has " received- funds when it has obtained the cash from the department or when it has incurred reimbursable expenses. The PROVIDER agrees to have an annual financial audit performed by an independent auditors in accordance with the current Government Auditing Standards issued by the Comptroller General of the United States. Such audits shall cover the entire organization for the organization's fiscal year. The scope of the audit performed shall cover the financial statements and include reports on internal control and compliance. The audit report shall include a schedule of financial assistance that discloses each state contract by number. Compliance findings related to contracts with the department shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the contract. where applicable, the audit report shall state whether or not matching requirements were met. All questioned costs and liabilities due to the department shall be fully disclosed in the audit report with reference to the department contract involved. If the PROVIDER received more than $25,000 of grants and aids appropriation funds, the PROVIDER will also submit a compliance report in accordance with the rules of the Auditor General, Chapter 10.600, and indicate on the schedule of state financial assistance which contracts are funded from state grants and aids appropriations. The PROVIDER agrees to submit the required reports as shown in Part IV 24 PART III: CHAPTER 10.600, OR NO AUDIT REQUIREMENT This part is applicable if the PROVIDER is either (1) a for - profit organization, (2) a local government entity expending less than $300,000 in federal funds received from the department during its fiscal year, (3) a nonprofit organization receiving less than $100,000 from the department. The PROVIDER has - received" funds when it has obtained cash from the department or when it has incurred reimbursable expenses. If the PROVIDER receives funds from a grants and aids appropriation, the PROVIDER shall have an audit, in accordance with the rules of the Auditor General, Chapter 10.600, or submit a statement attesting that the PROVIDER has complied with the provisions of the grant agreement. The audit report shall include a schedule of state financial assistance that discloses each state contract by number and indicates which contracts are funded from state grants and aids appropriations. The PROVIDER agrees to submit the required reports as shown in Part IV. Otherwise, if the PROVIDER does not receive funds from a grants and aids appropriation, the PROVIDER has no audit or attestation requirement required by this section. PART IV: SUBMISSION OF REPORTS Copies of the audit report and any management letter by the independent auditors, or attestation statement, required by this section shall be submitted within 120 days after the end of the PROVIDER's fiscal year, unless otherwise required by Florida Statutes, to the following: A. Inspector General 2737 Centerview Drive Tallahassee, Florida 32399 -3100 B. Contract manager for this contract C. Submit to this address only those reports prepared in accordance with OMB Circular A -133: Federal Audit Clearinghouse P.O. Box 5000 Jeffersonville, Indiana 47199 -5000 D. Submit to this address only those reports prepared in accordance with the rules of the Auditor General, Chapter 10.600: Audit Manager of Local Government Office of the Auditor General P.O. Box 1735 Tallahassee, Florida 32303 The PROVIDER shall ensure that audit working papers are made available to the department, or its designee, upon request for a period of five years from the date the audit report is issued, unless extended in writing by the department. 25 Contract with individual, private partnership, Attestation Audit Audit Part N/A - Not applicable A AG or for- profit corporation: 10.600. Receives no grants and aids appropriation funding: N/A N/A III Receives some grants and aids (G&A) appropriation funding: C GAS Organization wide financial and compliance audit Total G&A funds are equal to or less than $25,000: CEO N/A III Chanter 10.600. Total G&A funds are greater than $25,000 N/A AG III Contract with Nonprofit corporation: 133. E A- Receives no grants and aids appropriation funding: in accordance with OMB Circular A- 133 and the Rules of the Auditor General Chapter Total funding is less than $100,000 N/A N/A III Total funding greater than $100,000 but includes less than $300,000 in federal financial assistance expended: N/A GAS II Total funding greater than $100,000 but includes greater than $300,000 in federal financial assistance expended: N/A A -133 I Receives some grants and aids appropriation funding: Total funding less than $100,000 and total grants and aids equal to or less than $25,000: CEO N/A III Total funding less than $100,000 and total grants and aids funds are greater than $25,000: N/A AG III Total funding equal to or greater than $100,000 and total grants and aids funding equal to or greater than $25,000 but less than $300,000 in federal financial assistance expended: N/A GAS +AG II Total funding equal to or greater than $100,000 and grants and aids funding greater than $25,000 and $300,000 or more of federal financial assistance expended: N/A A- 133 +AG I Contract with any governmental entity: Receives no grants and aids appropriation funding: Total funding includes less than $300,000 of Federal financial assistance expended: N/A N/A III Total funding includes $300,000 or more of federal financial assistance expended: N/A A -133 I Receives some grants and aids appropriation funding: Total grants and aids funds equal to or less than $25,000 and less than $300,000 of federal financial assistance expended: CEO N/A III Total grants and aids greater than $25,000, but less than $300,000 of Federal financial assistance expended: N/A AG III Total grants and aids funds greater than $25,000 and $300,000 or more in Federal financial assistance expended: N/A A- 133 +AG I Code for DJJ 1122 Form Line 16) Types of attestations /Audits C,I,M,P, or T N/A - Not applicable A AG Compliance audit in accordance with the Rules of the Auditor General Chapter 10.600. B CEO Attestation statement by head of organization as required by Section 216.349, Florida Statutes. C GAS Organization wide financial and compliance audit in accordance with Government Auditing Standards and the Rules of the Auditor General Chanter 10.600. D A -133 Organization wide financial and compliance audit in accordance with OMB Circular A- 133. E A- 133 +AG Organization wide financial and compliance audit in accordance with OMB Circular A- 133 and the Rules of the Auditor General Chapter 10.600. M Progra.Facility Name EXHIBIT 3 STATE OF FLORIDA DEPARTMENT OF JUVENILE JUSTICE CIVIL RIGHTS COMPLIANCE CHECKLIST Date READ FHE REVERSE SIDE FOR ILLUSTRATIVE INFORMATION WHICH WILL HELP YOU IN THE CONIPLETION OF THIS FORM. PART 1. 1. BRIEFLY DESCRIBE THE GEOGRAPHIC AREA SERVED BY THE PROGRAM/FACILITY AND THE TYPE OF SERVICE PROVIDED: Y# :: Black 3. STAFF CURRENTLY EMPLOYED Effective Date: Total# I :White I %111.k I :Hiwxic 11:0lht, IRFemale i %Hxdiup 4. CLIENTS CURRENTLY ENROLLED OR REGISTERED Effective Date: To19 0 1 %White I %With, 1 .Hi,... 11. Othsr I %Fantle I %Handicap I%0V., Yn 5. ADVISORY OR GOVERNING BOARD, IF APPLICABLE Effective Date: TeW9 1 %White iGBieck i %Higani< i %0di.r I .Female PART II. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATION REQUIRING NIORE SPACE. 6. Isan Assuranceof Compliance on file with DIV If NA orNO, explain. NA YES NO 7. Compare staff composition to the population. Are staff representative of the population? If NA or NA YES NO NO, explain. = = = S. Compare the cl ient composition to the population. Are race and gender charnacristics NA YES NO Vepresentative of the population? IfNA or NO, explain = = = 9. Are eligibility requirements for services applied to clients and applicants without regard to race, NA YES NO color, national origin, sex, age, religion or handicap? If NA or NO, explain. = = = 10. Are all benefits, serviccs and facilities available to applicants and participants in an equally NA YES NO effective manner regardless of race, sex, color, age, national origin, religion or handicap? If NA or NO, explain. 11. Are all benefits, services and facilities available to applicants and participants in an equally NA YES NO effective manner regardless of race, sex, color, age, national origin, religion or handicap? If NA NO, a or explain. on F.I. sap. nn Fare t on PART II. USE A SEPARATE SHEET OF PAPER FOR ANY EXPLANATION REQUIRING MORE SPACE 12. Is the program/facility accessible to non - English speaking clients? IfNA or NO, explain. NA YES NO In Compliance: YES NO* Program Office 13. Are employees, applicants and participants informed of their protection against discrimination? NA YES NO If, Yes, how? Verbal _ Written _ Poster in NA or NO, explain. Telephone Response Due NA NUMBER 14. Give the number and current status of any discrimination complaints regarding services or employmentfilcd against th a pro gram/facil ity. 15. Is the program facility physically amessible to mobility, hearing and sight impaired individuals? NA YES NO If NA or NO, explain. a PARTIII. THE FOLLOWING QUESTIONS APPLY TO PROGRANIS AND FACILITIES WITH 15 OR MORE Ebl PLOY E ES 16. Has aself- evaluation been conducted to identify any barriers to serving handicapped individuals, YES NO and to make any necessary modifi=ions? If NO, explain. = = 17. Is there an established grievance procedure that incorporates due process into the resolutions of YES NO complaints? If NO, explain. = = Ig. Has aperson been designated to coordinate Section 504 compliance activities? If NO, explain. YES NO 19. Do recruitment and notification materials advise applicants, employees and participants of YES NO nondiscrimination on the basis of handicap? If NO, explain. = = YES NO 20. Are auxiliary aids available to assure accessibility of services to hearing and sight impaired individuals? If NO, explain. a PART IV. FOR PROGRANIS OR FACILITIES WITH 50 OR MORE EMPLOYEES AND FEDERAL CONTRACTS OF 550,000 OR NIORE. 21. Do you have a wrinen affrmative action program? If NO, explain. YES NO DJJ USE ONLY Reviewed by In Compliance: YES NO* Program Office 'Notice of Corrective Action Sent Date Telephone Response Due On Site ❑ Desk Review Response Received DJJ F.9 .1,n Arr lorl EXHIBIT 4 INSTRUCTIONS TO OFFERORS FOR SUBMISSION OF A CONTRACT PRICING PROPOSAL 1. The offeror shall submit a contract pricing proposal which segregates costs with sufficient detail to permit cost analysis. The offeror shall, also, attach cost element breakdowns for the overall proposed program and for each of the segregabee portions. For example, if the proposed program is divided into phases like design, construction, and operations, then the offeror shall provide cost element breakdowns for the overall contract and for each of those three phases. Likewise, start -up costs, if authorized in the operational phase, shall have its own cost element breakdowns. As another example, if the subject solicitation is for an exempt contract, the offeror shall provide cost element breakdowns for the overall effort and the exempt and non - exempt portions. (Note: A truly exempt contract should not have hoth exempt and non- exempt portions) These breakdowns must conform to the instructions in the solicitation and any specific requirements established by the contract manager. The offeror shall furnish supporting breakdowns for each cost element, consistent with the offeror's accounting system. If the offeror anticipates its receiving matching funds from sources other than the Florida Department of Juvenile Justice (DJJ), then the offeror shall, also, submit cost element breakdowns for the overall effort and for the separate cost elements, as discussed below, for the matching funds portion. 2. Depending upon the offeror's accounting system, the cost element breakdowns shall be provided for the following basic elements of cost, as applicable: a. Materials: Provide a consolidated priced summary of individual material quantities included in the various tasks or contract line items being proposed and the basis for the pricing of each (e.g., vendor quotes, invoice prices, etc.). Include materials and services to be provided or performed by others. For all items proposed, identify the item; and show the source, quantity, and price. For subcontracts, whether priced on a competitive or a non- competitive basis, also provide data showing the degree of competition and the basis for selecting the source and for determining the reasonableness of the price. b. Direct Labor: Provide a time- phased (e.g., monthly, quarterly, yearly, etc.) breakdown of labor hours, rates, and cost by each labor category, and furnish the bases for the estimates. c. Indirect Costs (Overhead and General & Administrative fG &A) Expenses): Indicate how the offeror has computed and applied indirect costs, including cost breakdowns, trends, and budgetary data, to provide a basis for evaluating the reasonableness of proposed rates. Indicate the rates used, and provide a current, accurate, and complete explanation for each separate rate. d. Other Costs: List all other costs or expenses not otherwise included in the categories described above (e.g., travel and consultant services), and provide the bases for the pricing of each. 3. As part of the specific information required, the offeror shall submit with the proposal, and clearly identify as such, cost or pricing data (that is, data that are verifiable and factual). "Cost or pricing data" means all facts that prudent buyers and sellers would reasonably expect to affect a price significantly; they are all the facts that can be reasonably expected to contribute to the soundness of estimates of future costs and to the validity of costs already incurred. While they do not indicate the accuracy of the offeror's judgment about estimated future costs or projections, they do include the data forming the basis for that judgment. Cost or pricing data include, among other things: a. Vendor quotations, b. Nonrecurring costs (e.g., start-up costs are one-time only and, therefore, nonrecurring costs), c. Data supporting projections of business prospects and objectives and related operations costs, Z7 d. Decisions on whether to perform tasks in -house or to subcontract, e. Estimated resources to attain business goals, and f Information on management decisions that could have a significant bearing on costs. 4. In addition, submit with the offeror's proposal any information reasonably required to explain the offeror's estimating process, including: a. The judgmental factors applied and the mathematical or other methods used in the estimate, including those used in projecting from known data; and b. The nature and amount of any contingencies included in the proposed price. 5. Whenever the offeror has incurred costs for work performed before submission of a proposal, those costs shall be separately identified in the offeror's cost/price proposal. Normally, pre- contract costs (e.g., proposal preparation costs and other costs incurred for work performed prior to contract execution) incurred are not allowable, unless they have been previously approved in writing by the contract manager, pursuant to applicable procedures, regulations, or statutes. Therefore, unless the contract manager is acting pursuant to a procedure, regulation, or statute that provides for the allowability of those pre- contract costs, they are unallowable. 6. There is a clear distinction between submitting cost or pricing data and merely making available books, records, and other documents without identification of their relevance to the instant solicitation. The requirement of submission of cost or pricing data is met when all accurate cost or pricing data reasonably available to the offeror have been submitted, either actually or by specific identification, to the contract manager. As later information comes into the offeror's possession, it shall be roP mptly submitted to the contract manager in a manner that clearly shows how the information relates to the offeror's price proposal. The requirement for submission of cost or pricing continues up to the time of agreement on price, or another date agreed upon between the parties, if applicable. 7. In submitting its proposal, the offeror must include an index, appropriately referenced, of all cost or pricing data and information its or identified in the proposal. In addition, any future additions and/or revisions, up to the date of agreement on price, shall be annotated on a supplemental index. S. By submitting its proposal, the offeror, if selected for negotiation, grants the contract manager or an authorized representative the right to examine, at any time before award, those books, records, documents, and any other information, regardless of form or whether such supporting information is specifically referenced or included in the proposal as the basis for pricing, that will permit an adequate evaluation of the proposed price. 9. READINGS FOR SUBMISSION OF LINE ITEM SUMMARIES COSTELEMENTS PROPOSED REFERENCE (!) CONTRACT (3) ESTIMATE -- TOTAL COST (2) a. Under column (1), enter appropriate cost elements. b. Under column (2), enter those necessary and reasonable costs that in the offeror's judgment will properly be incurred in efficient contract performance. When any of the costs in this column have already bee:: incurred, describe them on an attached supporting document. c. Under column (3), identify the attachment in which the information supporting the specific cost element may be found. Attach separate pages as necessary. 30 10. PRESCRIBED COST PROPOSAL FORMATS: a. OVERALL PROJECTIPROGRAM COST ELEMENT BREAKDOWN SUMMARY: COSTELEMENTS PROPOSED REFERENCE (1) CONTRACT (3) ESTIMATE TOTAL COST (2) MATERIAL DIRECT LABOR INDIRECT COSTS (OVERHEAD AND GENERAL & ADMIN. [G &A] EXPENSES OTHER DIRECT COSTS PROFIT OR FEE (IF APPLICABLE) TOTAL PRICE (1) The instructions for each of the above columns are the same as in paragraph 9 above. (2) Similar cost element breakdown summaries shall be submitted for each year of the proposed effort and for each segregable portion of the proposed effort (i.e., if the proposed effort includes both operational and start -up phases, then the proposal shall include cost element breakdown summaries for both those phases, as well as the overall summary; OR if the subject solicitation is for an exempt contract, the offeror shall submit cost element breakdown summaries for the overall proposed effort, the exempt portion, and the non- exempt portion). (Note: A truly exempt contract should not have both exempt and non - exempt portions.) (3) For contractual amendments necessitating a change in contract price (i.e., when an event, reasonably unforeseeable by both parties, occurs; and that the occurrence of that event should cause an equitable adjustment [increase or decrease] to the contract price), the offeror shall include a cost element breakdown summary which covers only the changed effort, whether it be a price increase or decrease. The equitable adjustments contemplated by this paragraph are not those price level increases that should have been addressed by the rates negotiated (i.e., escalation factois) in the original contract. (4) When an offeror anticipates its receiving matching funds from a source other DJJ, the offeror shall, also, submit cost element breakdowns for the overall effort and the separate cost elements (as modified in the instructions for those separate cost elements, as discussed in the applicable sections which follow) for the matching funds portion. (5) The Department must evaluate escalation of those proposed costs which may vary over the life of a multi- year contract. To accomplish that, the provider must include in its price proposal the average (i.e., flat rate) for each of the variable costs over the life of the multi -year contract and clearly identify: (a) Those elements of costs which are anticipated to vary; (b) The escalation factor used in calculating that average and its source; (C) The amount of variable costs for each year of the multi -year contract; and (d) The basis for determining its reasonableness. 31 b. SEPARATE COST ELEMENT BREAKDOWN SUBMITTALS: (l) MATERIALS: Item (l) Source (2) Quantity (3) Price (4) Basis for Price (5) Degree of Comp (6) Basis for Selecting Source (7) Basis for Determ Price Reason (8) TOTAL (a) Instructions for each column are as follow: (1) Column l: Include each category of material(s) and service to be provided or performed by others. For subcontracts, first enter `Subcontracts" as a general category; and then list each subcontract individually. For operating capital outlay (OCO), first enter "Operating Capital Outlay (OCO)" as a general category; and then list each separate item of OCO. (2) Column 2: Identify the actual provider of the material(s) and service listed. (3) Column 3: Self - explanatory. (4) Column 4: Enter the price proposed by the source for each item listed. If the price has been negotiated with the source, enter the negotiated price. (5) Column 5: Enter the basis for the price for each item (e.g., vendor quote, invoice price, vendor catalog price, negotiated price, etc.) and include the date of the quote, invoice, catalog, negotiated price, etc. Not applicable to the matching funds portion of those solicitations for which the offeror anticipates its receipt of matching funds from sources other than DJJ. (6) Column 6: Enter the degree of competition. Therefore, list the number of respondents to your solicitation. If a single source was solicited, so indicate. Not applicable to the matching funds portion of those solicitations for which the offeror anticipates its receipt of matching funds from sources other than DJJ. (7) Column 7: Enter the basis for selecting the source for each item listed. If two or more sources responded to the solicitation for the subject item and there was adequate price competition, so indicate. Not applicable to the matching funds portion of those solicitations for which the offeror anticipates its receipt of matching funds from sources other than DJJ. (8) Column 8: Enter the basis you used to determine the price for that item was fair and reasonable (i.e., adequate price competition, catalog price, or in -house cost analysis and negotiations). Not applicable to the matching funds portion of those solicitations for which the offeror anticipates its receipt of matching funds from sources other than DJJ. (b) A material cost element breakdown shall be submitted for: (1) Each year of the proposed effort and 32 c e YOUTH CITY OF SOUTH MIAMI ACADEMY i 1 TO: Ronetta Taylor, City Clerk CC: Chief Cokes DATE: May 13, 1999 Please note that Resolution No. 98 -99 -10722 relating to ending the Youth Academy program is dated as of May 4, 1998. The Resolution was in fact adopted May 4, 1999. GWca emy119391M s \Taylor -Re do mNo.9&- 9910722 0513wpd (305) 665 -0308 Telephone O 6130 Sunset Drive, South Miami, Florida 33143 0 (305) 665.0361 Facsimile