HomeMy Public PortalAbout11-8255 Department of Juvenile Justice Contract X1690 Sponsored by: City Manager
RESOLUTION NO. 11-8255
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE CONTRACT AMENDMENT
FOR THE DEPARTMENT OF JUVENILE JUSTICE, CONTRACT
#X1690, IN THE AMOUNT OF FIVE HUNDRED TWELVE
THOUSAND TWO HUNDRED SIXTY TWO DOLLARS AND
NINETY CENTS ($512,262.90) FOR PERIOD JULY 1, 2011 TO
JUNE 30, 2014; PROVIDING FOR INCORPORATION OF
RECITALS: PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Opa-locka, Florida entered into a contract with the Department
of Juvenile Justice in 1997 to provide community-based conditional release services; and
WHEREAS, the contract X1690 provides for a renewal option on the same terms and
conditions as the original contract providing conditional release services; and
WHEREAS, the renewal is to begin on July 1, 2011 and end on June 30, 2014; and
WHEREAS, the renewal of the contract is in the amount of Five Hundred Twelve
Thousand Two Hundred Sixty Two Dollars and Ninety cents ($512,262.90).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission authorizes the City Manager to execute a contract
renewal with the Department of Juvenile Justice, contract X1690, in the amount of Five Hundred
Twelve Thousand Two Hundred Sixty Two Dollars and Ninety cents ($512,262.90).
Resolution No. 11-8255
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 22'd day of June, 20j1.
YRA TAYLOR
MAYOR
Attest to: Approved as t. form and legal suf ciency:
(•-• ()_n Lei ,/
Deborah S. Irby Jo •ph S. eller
City Clerk • y Attorney
Moved by: COMMISSIONER HOLMES
Seconded by: VICE MAYOR JOHNSON
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Miller: YES
Commissioner Tydus: YES
Vice-Mayor Johnson: YES
Mayor Taylor: YES
b.'
a ::
MEMORANDUM
TO: Mayor Myra L. Taylor
Vice-Mayor Dorthy Johnson
Commissioner Timothy Holmes
Commissioner ail Miller
C issioner ose Tydus
FROM: 1a c a e , i y Manager
DATE: June 16,2011
RE: Department of Juvenile Justice Contract X1690
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE CONTRACT AMENDMENT
FOR THE DEPARTMENT OF JUVENILE JUSTICE, CONTRACT
#X1690, IN THE AMOUNT OF FIVE HUNDRED TWELVE
THOUSAND TWO HUNDRED SIXTY TWO DOLLARS AND
NINETY CENTS ($512,262.90) FOR PERIOD JULY 1, 2011 TO
JUNE 30,2014.
Description: The City of Opa-Locka is being awarded $512,262.90 from the
Department of Juvenile Justice for the Opa-locka Police Youth Academy to operate a
community-based conditional release program to serve male and female youth that reside
in Miami Dade County. To provide supervision, intervention and prevention services to
high risk youth transitioning back into the community and to reduce the recidivism of
juvenile delinquency through effective treatment for a safer Miami.
Financial Impact: The program request has been budgeted in the FY11 Budget and
funds will be appropriated from the Opa-locka Police Youth Academy/Department of
Juvenile Justice Account Number 171-334920.
Implementation Time Line: Immediately
1
Legislative History: Resolution No. 08-7308
Resolution No. 08-7309
Resolution No. 09-7460
Resolution No. 09-7907
Recommendation(s): Staff recommends that the City Commission of Opa-Locka Board
of Commissioners approve to ratify contract execution.
Attachments: 1. Contract X1690
2. Resolutions#087308, 08-7309, 09-7460 and 09-7907
Prepared by: Raphael E. Perkins, Director
Opa-Locka Police Youth Academy
2
Sponsored by: City Manager
RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE CONTRACT AMENDMENT
FOR THE DEPARTMENT OF JUVENILE JUSTICE, CONTRACT
#X1690, IN THE AMOUNT OF FIVE HUNDRED TWELVE
THOUSAND TWO HUNDRED SIXTY TWO DOLLARS AND
NINETY CENTS ($512,262.90) FOR PERIOD JULY 1, 2011 TO
JUNE 30, 2014; PROVIDING FOR INCORPORATION OF
RECITALS: PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,the City of Opa-Locka, Florida entered into a contract with the Department
of Juvenile Justice in 1997 to provide community-based conditional release services; and
WHEREAS, the contract X1690 provides for a renewal option on the same terms and
conditions as the original contract providing conditional release services; and
WHEREAS,the renewal is to begin on July 1, 2011 and end on June 30, 2014; and
WHEREAS,the renewal of the contract is in the amount of Five Hundred Twelve
Thousand Two Hundred Sixty Two Dollars and Ninety cents ($512,262.90).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission authorizes the City Manager to execute a contract
renewal with the Department of Juvenile Justice, contract X1690, in the amount of Five Hundred
Twelve Thousand Two Hundred Sixty Two Dollars and Ninety cents($512,262.90).
Resolution
Section 3. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this day of , 2011.
MYRA TAYLOR
MAYOR
Attest to: Approved a• to form and 1: : ufficiency:
#/
I A.d AA k.1 144 1A1
Deborah S. Irby J•seph S. Geller
City Clerk ity Attorney
Moved by:
Seconded by:
Commission Vote:
Commissioner Holmes:
Commissioner Miller:
Commissioner Tydus:
Vice-Mayor Johnson:
Mayor Taylor:
5972941 vl
oPp i.oCkq...
/ Op\
s
MEMORANDUM
TO: Mayor Myra L. Taylor
Vice-Mayor Dorthy Johnson
Commissioner Timothy Holmes
Commissioner ail Miller
C 'ssioner ose Tydus
FROM: tar c a e i y Manager
DATE: June 16,2011
RE: Department of Juvenile Justice Contract X1690
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER
TO ENTER INTO AND EXECUTE CONTRACT AMENDMENT
FOR THE DEPARTMENT OF JUVENILE JUSTICE, CONTRACT
#X1690, IN THE AMOUNT OF FIVE HUNDRED TWELVE
THOUSAND TWO HUNDRED SIXTY TWO DOLLARS AND
NINETY CENTS ($512,262.90) FOR PERIOD JULY 1, 2011 TO
JUNE 30,2014.
Description: The City of Opa-Locka is being awarded $512,262.90 from the
Department of Juvenile Justice for the Opa-locka Police Youth Academy to operate a
community-based conditional release program to serve male and female youth that reside
in Miami Dade County. To provide supervision, intervention and prevention services to
high risk youth transitioning back into the community and to reduce the recidivism of
juvenile delinquency through effective treatment for a safer Miami.
Financial Impact: The program request has been budgeted in the FY11 Budget and
funds will be appropriated from the Opa-locka Police Youth Academy/Department of
Juvenile Justice Account Number 171-334920.
Implementation Time Line: Immediately
1
Legislative History: Resolution No. 08-7308
Resolution No. 08-7309
Resolution No. 09-7460
Resolution No. 09-7907
Recommendation(s): Staff recommends that the City Commission of Opa-Locka Board
of Commissioners approve to ratify contract execution.
Attachments: 1. Contract X1690
2. Resolutions#087308, 08-7309, 09-7460 and 09-7907
Prepared by: Raphael E. Perkins, Director
Opa-Locka Police Youth Academy
2
Page 1 of 1
Kathy Phillips
From: Virginia Colon
Sent: Tuesday, June 14, 2011 1:06 PM
To: Kathy Phillips
Subject: FW: Contract X1690 for your review and signature.
Importance: High
Attachments: CONTRACT CONTENT ACKNOWLEDGMENT FORM.doc; X1690 Original Contract.pdf
From: Williams, Dwight [mailto:Dwight.Williams @djj.state.fl.us]
Sent: Tuesday, June 14, 2011 12:47 PM
To: Virginia Colon; vcolon @opalockafl.org
Subject: Contract X1690 for your review and signature.
Importance: High
PLEASE CONFIRM RECEIPT OF THIS E-MAIL
Enclosed is an electronic copy of Contract X1690 between the Department of Juvenile Justice and
Opa-Locka Police Youth Academy.
Please print and sign the attached contract, and the contract content acknowledge form (also
attached). Signed copies of these documents should be returned to my attention in the form of
an email (scanned copy),or faxed to me at 850-414-1625 no later than June 28, 2011 due to a July
1,2011 state date, and the originals mailed to the address below, or CALL to let me know
when you will be returning the contract. Once the Department has executed this Amendment, a
scanned executed copy will be returned to you via email.
If you should have any issues with the attached documents, or any questions/comments please
contact me, my contact information is listed below.
Dwight Williams
Bureau of Contracts
Government Analyst I
Department of Juvenile Justice
2737 Centerview Drive, Suite 1100
Tallahassee, Florida 32399-3100
Phone 850-487-4094
Fax 850-414-1625
6/14/2011
Page 1 of 2
Kathy Phillips
From: Brown, Stephen M. [Stephen.Brown @djj.state.fl.us]
Sent: Tuesday, February 01, 2011 2:35 PM
To: City_Manager; Raphael Perkins; Kathy Phillips; Virginia Colon
Cc: Garcia-Lavergne, Luis; Uberman, Rex; Flakes, Terria; Graham, Valrose; (fill, Sophia
Subject: Opa-locka Police Youth Academy Renewal of Contract X1167
Importance: High
Attachments: Opa-locka Police Youth Academy Renewal of Contract X1167.pdf
Virginia: As per our conversation, the Department accepts the terms of the attached proposal. We will begin
the contract actions as quickly as possible.
• A new contract with Opalocka Police Youth Academy
• A 40% budget reduction as opposed to a 60%
• Number of conditional released slots only will be 23.. allowing for a 1:20 case load requirement to be
met.
• A fixed rate of $20,34 per filled slot(s)
Thank you, Steve
Steve Brown,
SMA II
Department of Juvenile Justice-Residential & Probation Services-South Region
337 North 4th Street, Ste.D - Rm. 305
Ft. Pierce. Florida. 34950
(772) 467-3186
Train up a child in the way he should go: and when he is
old, he will not depart from it. Proverbs 22:6
From: City_Manager [mailto:cty_manager @opalockafl.gov]
Sent: Thursday, January 27, 2011 4:45 PM
To: Brown, Stephen M.; isabel.afandor @djj.state.fl.us
Cc: Raphael Perkins; Virginia Colon; Kathy Phillips
Subject: Opa-locka Police Youth Academy Renewal of Contract X1167
Importance: High
January 27, 2011
Stephen Brown, Senior Management Analyst II
Department of Juvenile Justice
337 North 4th Street, Suite D
Fort Pierce, Florida 34950
RE: Opa-locka Police Youth Academy Renewal of Contract X1167
Mr. Brown:
6/14/2011
Page 2 of 2
Please see attached letter from City Manager Clarance Patterson in regards to the Renewal of Contract
X1167.
Please feel free to contact Mr. Raphael Perkins (O.L. Police Youth Academy Director) at (305) 953-2803
for further information.
Thank you.
Sincerely,
(bidet" X,(Lelia
Office of the City Manager
City of Opa-locka
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
(305)953-2821 Office
(305)953-2870 Fax
www.gpalockafl.gov
6/14/2011
Page 1 of 2
Kathy Phillips
From: Brown, Stephen M. [Stephen.Brown @djj.state.fl.us]
Sent: Monday, January 31, 2011 12:27 PM
To: Virginia Colon
Cc: Raphael Perkins; Kathy Phillips
Subject: RE: Opa-locka Police Youth Academy Renewal of Contract X1167
Virginia: Thank you for the clarification
Steve
From: Virginia Colon [mailto:vcolon @Opalockafl.gov]
Sent: Monday, January 31, 2011 7:44 AM
To: Brown, Stephen M.
Cc: rperkins @cityofopalocka.org; Kathy Phillips
Subject: RE: Opa-locka Police Youth Academy Renewal of Contract X1167
Good morning:
I will call you this morning to clarify. Thank you.
From: Brown, Stephen M. [mailto:Stephen.Brown @djj.state.fl.us]
Sent: Friday, January 28, 2011 4:15 PM
To: Raphael Perkins; Virginia Colon; Kathy Phillips
Subject: Opa-locka Police Youth Academy Renewal of Contract X1167
Thank you ...for clarification purposes, in the letter you reference "open base line rate"...are you referring to
available slots?..as the only authorized method of payment is "filled slot only"...
Steve Brown.
SMA II
Department of Juvenile Justice-Residential & Probation Services-South Region
337 North 4th Street, Ste.D - Rm. 305
Ft. Pierce, Florida, 34950
(772) 467-3186
Train up a child in the way he should go: and when he is
old, he will not depart from it. Proverbs 22:6
From: City_Manager [mailto:city_manager @opalockafl.gov]
Sent: Thursday,January 27, 2011 4:45 PM
To: Brown, Stephen M.; isabel.afandor @djj.state.fl.us
Cc: Raphael Perkins; Virginia Colon; Kathy Phillips
Subject: Opa-locka Police Youth Academy Renewal of Contract X1167
Importance: High
January 27, 2011
6/14/2011
Page 2 of 2
Stephen Brown, Senior Management Analyst II
Department of Juvenile Justice
337 North 4th Street, Suite D
Fort Pierce, Florida 34950
RE: Opa-locka Police Youth Academy Renewal of Contract X1167
Mr. Brown:
Please see attached letter from City Manager Clarance Patterson in regards to the Renewal of Contract
X1167.
Please feel free to contact Mr. Raphael Perkins (O.L. Police Youth Academy Director) at (305) 953-2803
for further information.
Thank you.
Sincerely,
a3 hie* gittexa
Office of the City Manager
City of Opa-locka
780 Fisherman Street, 4th Floor
Opa-locka, Florida 33054
(305)953-2821 Office
(305)953-2870 Fax
www.opalockgflgov
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6/14/2011
" THE GREAT CITY "
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Clarance Patterson 305-953-2821
City Manager 305-953-2823
Fax:305-953-2870
January 27, 2011
Steve Brown, Senior Management Analyst II
Department of Juvenile Justice
337 North 4th Street, Suite D
Fort Pierce, FL 34950
Dear Mr. Brown:
The City of Opa-locka and Opa-locka Youth Academy (O.P.Y.A.) would like to accept the
renewal of Contract X1167. We understand the projected budget cut for the Contract and
would like to propose a counter offer.
We would like to request that the contract to be changed to conditional release services only
(instead of Intensive Conditional Release and Conditional Release) and to change the slots
to an open base line rate. We would also like to request a counter offer of keeping 60% of
the budget and requesting a 40% cut(instead of 50%).
We will maintain and establish a working relationship with the Juvenile Probation Officers to
keep utilization at its highest. We will establish multi-agency collaboration in the delivery of
educational and vocational services for at risk youth. OPYA will expand the geographic area
to assist with increasing utilization and widen the range of youth. We will continue to comply
with the Contract Scope of Services and Quality Assurance Standards.
We look forward to hearing from you in reference to the request and renewal of the contract.
if you have any questions contact Raphael Perkins at (305) 953-2803. Thanking you in
advance for your continued support.
Sincerely, 1
Clar'ance l-after o `
City Manager
Cc: Isabel Afanador, C.P.O.
Raphael E. Perkins, Director O.P.Y.A.
CITY HALL • 780 FISHERMAN STREET, 4TH FLOOR, OPA-LOCKA, FLORIDA 33054• (305) 688-4611
AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP
CONTRACT CONTENT ACKNOWLEDGMENT
This document serves as acknowledgement that either(1) the contract document forwarded for signature
has not been modified or altered in any manner or(2)you have made changes to the document that you
wish for the Department to consider. Please mark the section below that applies and return it along with
the executed contract documents. Please note that if this section is not completed and returned to the
Contract Administrator, the returned contract will be discarded with the exception of the signature page,
and the Department's original contract document will be substituted. Also, contracts that are the result of
a competitive procurement may not have material terms changed, modified or altered.
PLEASE INDICATE WHICH SECTION APPLIES:
The attached document has been executed by the named Provider and no changes,
material or otherwise, to the contract have been made.
The attached document has been executed by the named Provider and changes were
made in the following sections and pages(please also note any changes on the face of the
document).
Contract # X1690
I hereby acknowledge that the information above is true and correct.
PROVIDER:
SIGNED BY:
NAME:
TITLE:
DATE:
CAF 11042004
Contract X1690
CONTRACT BETWEEN
STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE
AND
OPA-LOCKA POLICE YOUTH ACADEMY
THIS CONTRACT is entered into between the STATE OF FLORIDA, DEPARTMENT OF JUVENILE
JUSTICE (hereinafter referred to as the "Department"), whose address is 2737 CENTERVIEW
DRIVE, TALLAHASSEE, FLORIDA 32399-3100 and OPA-LOCKA POLICE YOUTH ACADEMY
(hereinafter referred to as the"Provider"),whose address is 2105 ALI BABA AVENUE,OPA-LOCKA,
FLORIDA 33054,to provide a community-based conditional release program for 23 youth in Circuit 11.
In consideration of the mutual benefits to be derived from performance under this Contract, the
Department and the Provider do hereby agree:
PERFORMANCE
A. The Provider shall provide services in accordance with the terms and conditions specified
in this Contract including all attachments and exhibits, which constitute this Contract
document.
B. The Provider shall provide units of deliverables, including, but not limited to, reports,
services and findings, as specified in this Contract, which must be received and accepted
by the Department's Contract Manager in writing prior to payment.
II. GOVERNING AUTHORITY
The references listed below are included in the Contract for convenience only and do not change,
modify, or limit any right or obligation of this Contract and any applicable local, state or federal
laws, rules, regulations, and codes.
A. State of Florida
This Contract is executed and entered into in the State of Florida and shall be construed,
performed and enforced in all respects in accordance with the Florida law, including
Florida provisions for conflict of laws. Each provision of this Contract shall be interpreted
to be effective and valid under applicable law. If any provision of this Contract shall be
prohibited or invalid under applicable law, such provision shall be ineffective to the extent
of such prohibition or invalidity. The remainder of any such provision and the remaining
provisions of this Contract shall remain fully effective and valid. Venue for any
proceeding regarding this Contract shall be in Leon County, Florida.
1. Environmental Protection
a. It is expressly understood and agreed that any products or materials which
are the subject of, or are required to carry out this Contract shall be
procured in accordance with the provision of Section 403.7065, Florida
Statutes.
b. The Provider shall comply with Rule 62-730.160, Florida Administrative
Code, regarding the production and handling of any hazardous waste
generated under this Contract.
2. Public Records Access
The Provider agrees to allow access and review of all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or
means of transmission, made or received pursuant to law or ordinance in
connection with the transaction of official business by any agency as defined in
subsection 119.011(12), Florida Statutes. All said documents made or received
by the Provider in conjunction with this Contract shall be made available, except
those public records which are made confidential by law must be protected from
disclosure. It is expressly understood that the Provider's failure to comply with
this provision shall constitute an immediate breach of contract for which the
Department may unilaterally terminate this Contract.
Page 1 of 39
Contract X1690
B. Federal Law
1. If this Contract contains federal funds, the Provider shall comply with the
provisions of 45 CFR Part 74, and/or 45 CFR, Part 92, and other applicable
regulations.
2. If this Contract contains federal funds and is over $100,000, the Provider shall
comply with all applicable standards, orders or regulations issued under section
306 of the Clean Air Act, as amended (42 U.S.C.7401 et seq), section 508 of the
Federal Water Pollution Act, as amended (33 U.S.C. 1251 et seq), Executive
Order 11738, as amended and where applicable, and Environmental Protection
Agency regulations(40 CFR, Part 30). The Provider shall report any violations of
the above to the Department.
3. The Provider agrees no federal funds received in connection with this Contract
may be used by the Provider, or an agent acting for the Provider, to influence
legislation or appropriations pending before the Congress or any State legislature
pursuant to sections 11.062 and 216.347, Florida Statutes.
4. Unauthorized aliens shall not be employed. The Department shall consider the
employment of unauthorized aliens a violation of 274A(e) of the Immigration and
Nationality Act (8U.S.C. 1324 a) and section 101 of the Immigration Reform and
Control Act of 1986. The Provider shall verify the employment eligibility of
provider employees through The United States Department of Homeland
Security's E-Verify system as stipulated in the "The E-Verify Program for
Employment Verification" Memorandum of Understanding and other applicable
guidelines of the U.S. Department of Homeland Security... Violation of such shall
be cause for unilateral cancellation of this Contract by the Department. The
Provider shall be responsible for including this provision in all subcontracts
issued as a result of this Contract.
5. If this Contract contains in excess of$10,000 in federal funds, the Provider shall
comply with Executive Order 11246, Equal Employment Opportunity, as
amended by Executive Order 11375 and others, as supplemented in the
Department of Labor regulation 41 CFR, Part 60 and 45 CFR, Part 92, if
applicable.
6. If this Contract contains federal funds and provides services to children up to the
age of 18, the Provider shall comply with the Pro Children Act of 1994 (20 U.S.C.
6081). Failure to comply with the provisions of the law may result in the
imposition of a civil monetary penalty of up to$1,000 for each violation and/or the
imposition of an administrative compliance order on the responsible entity.
7. No person, on the grounds of race, creed, color, national origin, age, sex, or
disability, shall be excluded from participation in or be denied the proceeds or
benefits of, or be otherwise subjected to discrimination in performance of this
Contract. The Provider shall, if applicable, comply with non-discrimination
requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as
amended; 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of
the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of
1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act
(ADA) (1990); Title IX of the Education Amendments of 1972; the Age
Discrimination Act of 1975; Department of Justice Non-Discrimination
Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice
regulations on disability discrimination, 28 CFR Part 35, Part 38, and Part 39.
III. CONTRACT TERMS AND METHOD OF PAYMENT
A. Contract Term
1. This Contract shall begin on July 1, 2011, or upon full execution,whichever is later,
and shall end at 11:59 P.M. on June 30, 2014. In the event the parties sign this
Contract on different dates,the latter date shall be the effective date.
2. The Department may renew this Contract upon the same terms and conditions,
the duration(s)of which may not exceed the term of the original contract, or three
years, whichever is longer. Exercise of the renewal option is at the Department's
sole discretion and shall be contingent, at a minimum, upon satisfactory
Page 2 of 39
Contract X1690
performance, subject to the availability of funds and other factors deemed
relevant by the Department.
3. Modifications or amendment 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.
B. Method of Payment
The Provider shall not receive payment for services rendered prior to the execution date or
after the termination date of this Contract. Furthermore, the State of Florida's performance
and obligation to pay under this Contract is contingent upon an annual appropriation by the
Legislature. The parties agree that the Department is not liable for payment for any extra
day created by a leap year, unless specifically appropriated by the Legislature, and is only
responsible for payments as specified below.
1. Contract Amount
Total compensation under this Contract shall not exceed$512,262.90.
The Department will pay the Provider for 23 slots in arrears at a rate of $20.34
per diem for each filled slot and a rate of$0.00 per diem for each unfilled slot.
(Formula: 23 slots X 1,095 days X$20.34=$512,262.90)
2. Payment and Submission of the Final Invoice
The Provider shall submit the final invoice for payment to the Department no later
than forty-five (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 the Provider complies with
the requirements of this Contract, including submittal of all reports due from the
Provider and the return of all Department-furnished property. Invoices for
reimbursement, fees, and/or compensation for services or expenses must be
submitted in sufficient detail to conduct a proper pre-audit and post-audit.
3. Travel
Where itemized payment for travel expenses are permitted by this Contract, the
Provider shall submit an invoice in accordance with section 112.061, Florida
Statutes, or at lower rates as may be provided in this Contract. All expenditures
related to travel, regardless of the method of payment must be in accordance
with the terms and conditions of this Contract and section 112.061, F.S.
4. Options
The Department reserves the right to exercise one or more options (a. or b. below)
in the event the Department's needs for programming change. The Department
will allow the Provider thirty (30) days to assess any requested increased units of
service or changes in services. If agreed upon by both parties, the Provider shall
submit to the Department, in writing, an implementation plan to accommodate the
proposed increased units of service or changes in services. Upon Department
approval of the implementation plan, any increased units of service or changes in
services shall be evidenced by an amendment executed by both parties. The
optioned services may not commence before execution of the amendment.
Changes agreed to under these options may result in a change to the Maximum
Contract Dollar Amount.
a. Option for Increased Units of Service
The Department has the option to modify the Contract, by exercising the
option to increase units of service by an amount not to exceed an
additional fifty percent (50%) of the base number of units of service in the
original Contract. Any increase in units of service shall be evidenced by an
amendment executed by both parties. The optioned services may not
commence before execution of the amendment. Delivery of additional
units of service shall be upon the terms, conditions and rate agreed in the
exercise of the options of this Contract.
b. Option for Changes in Contract Services
The Department has the option to modify the Contract, including adding or
reducing services and/or program capacity, and changing the
restrictiveness level, gender type served in the program or location of the
Page 3 of 39
Contract X1690
program during the Contract term. The optioned services shall be
consistent with and/or enhance the original intent and purpose of the
original Contract. The optioned services may not commence before
execution of the amendment. Delivery of changed services shall be upon
the terms, conditions and rate agreed in the exercise of the options of this
Contract.
5. Reduction of Invoice for Non-Delivery of Service
The Department may reduce the amount of the monthly payment after finding
substantial evidence of the Provider's non-delivery of service(s) required by the
Contract, preparing written findings substantiating the Provider's failure to
perform, and notifying the Provider of the proposed reduction of the monthly
payment, and providing an opportunity for discussion of the proposed reduction
in payment. The amount of any reduction shall be based upon the costs of those
services not performed during the payment period.
6. Supplemental Expenditure
The Department, at its option and without notice to the Provider, shall have the
right to make any payment or expenditure the Provider failed to have made under
the Contract,to ensure all contracted services will remain available to youth if the
Provider fails to perform as required under this Contract. Such expenditures by
the Department may include, but are not limited to, payment for repairs affecting
life, health or safety of youth or staff, food and medical services, utilities, claims
for which liens may be attached to the property, insurance premiums, and other
supplementary goods or services. Any payment by the Department shall be
without prejudice to any of the Department's rights or remedies under this
Contract, at law, or in equity. All sums paid by the Department, including indirect
costs incurred by the Department to bring the program into compliance with
Contract requirements pursuant to this paragraph shall be immediately due and
payable from the Provider. Such sums may be recovered by the Department by
means of a reduction to a monthly invoice payment otherwise payable to the
Provider under the Contract Payment Method. Recovery of the cost described
above shall not relieve the Provider of the duty of full performance under the
Contract. The Department will provide written notice after the fact to advise the
Provider of why the decision was made, and any amount due to the Department
from the Provider.
7. Staff Training Costs
a. All costs occurring from, or associated with, Department-required training
necessary for performance under this Contract or otherwise required by
federal or state law, rule, or Department policy for Provider employees,
agents or subcontractors, shall be the responsibility of the Provider, and
as outlined in the Provider's awarded response to the Department's
solicitation. Therefore, all training costs are included in the total cost of
the services requested. The Department is not responsible for and,
therefore, shall not reimburse any additional, itemized training costs,
including but not limited to, software, licenses, travel and materials,
incurred in the performance of this Contract other than the
Compensation stated in Section Ill.
b. For CORE licenses, the Provider is responsible for annually reimbursing
the Department for the cost of securing these licenses in the amount of
$35.00 per FTE position as found in the Provider's approved budget.
Payment for these costs shall be made to the Department as specified in
Attachment L, which may be found at
http://www.djj.state.fl.us/Providers/contracts/index.html and are due
within one (1) month of the Contract start date and annually every year
thereafter for the life of the Contract.
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Contract X1690
IV. LIABILITY
Indemnification
A. Pursuant to section 768.28(11)(a), Florida Statutes, the Provider agrees it and any of its
employees, agents or subcontractors are agents and not employees of the State while
acting within the scope of their duties and responsibilities to be performed under this
Contract. The Provider further agrees to indemnify the Department, upon notice of any
liabilities caused by the Provider or its employees' or agents' negligent or tortious acts or
omissions within the scope of their employment under this Contract up to the limits of
sovereign immunity as set forth in Florida law. The Provider further agrees to defend the
Department and hold it harmless, upon receipt of the Department's notice of claim of
indemnification to the Provider, against all claims, suits,judgments, damages or liabilities,
including court costs and attorneys' fees incurred by the Department because of the
negligent or tortious acts of the Provider or its employees, agents or subcontractors.
B. The Provider is responsible for all personal injury and property damage attributable to its
negligent or intentional acts or omissions, including civil rights violations, and of its
officers, employees, and agents thereof, including volunteers, vendor and subcontractors,
or youth of or visitors to the program. Nothing herein shall be construed as an indemnity
or a waiver of sovereign immunity enjoyed by any party hereto.
V. TERMINATION
All termination notices shall be sent by certified mail, or other delivery service with proof of
delivery as detailed in Attachment I, Section VI. B.,of this Contract.
A. Department Convenience
The Department may terminate this Contract, in whole or in part, without cause, for its
convenience, and without additional cost to the Department, by giving no less than thirty
(30)days written notice to the Provider.
B. Provider Convenience
The Provider may terminate this Contract, without cause, for its convenience, by giving
no less than ninety (90) days.written notice to the Department, unless both parties
mutually agree in writing to a different notice period. The Provider shall be operating in a
state of compliance with the terms and conditions of the Contract at the time the notice is
issued and shall remain compliant for the duration of the performance period. The
Provider shall notice the Department's Contract Manager via the United States Post
Office or delivery service that provides verification of delivery or hand delivery.
C. Default
The Department may terminate this Contract, in whole or in part, for default, pursuant to
the provisions of Rule 60A-1.006(3), Florida Administrative Code, upon written notice to
the Provider. If applicable, the Department may employ the default provisions in Rule
60A-1.006(3)and (4), Florida Administrative Code. Waiver or 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 (including, but not limited
to, re-procurement cost).
D. Lack of Funding
In the event funding for this Contract becomes unavailable, the Department may terminate
the Contract upon no less than fifteen (15)days written notice to the Provider.
VI. FINANCIAL TRANSACTIONS AND AUDIT REQUIREMENTS
The Department has determined that this is a Vendor contract.
A. Vendor Contracts-MvFloridaMarketPlace Transaction Fee(IF APPLICABLE)
1. The State of Florida, through the Department of Management Services, has
instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to
Section 287.057(22), F.S., all payments made on vendor contracts shall be
assessed a Transaction Fee of one percent(1.0%),which the vendor shall pay to
the State.
a. For payments within the State accounting system (FLAIR or its
successor), the Transaction Fee shall, when possible, be automatically
deducted from payments to the vendor. If.automatic deduction is not
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Contract X1690
possible, the vendor shall pay the Transaction Fee pursuant to
subsection 60A-1.031(2), F.A.C. By submission of these reports and
corresponding payments, vendor certifies their correctness. All such
reports and payments shall be subject to audit by the State or its
designee.
b. The vendor shall receive a credit for any Transaction Fee paid by the
vendor for the purchase of any item(s) if such item(s) are returned to the
vendor through no fault, act, or omission of the vendor. Notwithstanding
the foregoing, a Transaction Fee is non-refundable when an item is
rejected or returned, or declined, due to the vendor's failure to perform or
comply with specifications or requirements of the Contract.
c. Failure to comply with these requirements shall constitute grounds for
declaring the vendor in default and recovering reprocurement costs from
the vendor in addition to all outstanding fees. VENDORS DELINQUENT
IN PAYING TRANSACTION FEES SHALL BE EXCLUDED FROM
CONDUCTING FUTURE BUSINESS WITH THE STATE.
2. On a monthly calendar basis, each vendor registered in MyFloridaMarketPlace
shall report its business activity relating to State contracts using Form PUR 3776
(08/04), which is hereby incorporated by reference.
a. The vendor shall report (i)the total amount of payments received against
State contracts during the reporting period (excluding Purchasing Card
transactions occurring after June 30, 2004), (ii) the portion of that total
that is exempt from the Transaction Fee pursuant to Rule 60A-1.032,
F.A.C., (iii)the amount of Transaction Fees that have been automatically
deducted by the system, and (iv) the amount of Transaction Fees that
have been billed by the system but not automatically deducted.
b. With its report, the vendor shall include payment of any Transaction Fee
amounts due for the reporting period that have not been automatically
deducted. Amounts due include both the amount billed during the
reporting period and any amounts not billed but otherwise due (e.g.,
sales to non-State entities eligible to purchase from State contracts).
c. A report is required only when fee-eligible payments have been received
during the reporting period (no report is required if all payments are
exempt from the Transaction Fee); provided, however, that if total
Transaction Fees due are less than $50, a vendor may carry over the
balance to the next reporting period.
d. All information provided by the vendor is material and will be relied upon
by the Department of Management Services in administering
MyFloridaMarketPlace. Failure to file a report shall be deemed a
representation by the vendor that it received no reportable payments for
the period and that it owes no Transaction Fees. Any knowing and
material misstatement shall be treated as fraudulent concealment from
the State of the true facts relating to the conduct of the vendor's business
with the State. A misrepresentation shall be punishable under law, and
shall be grounds for precluding the vendor from doing future business
with the State.
VII. RECORDS REQUIREMENTS
A. Record Retention
The Provider shall maintain programmatic and administrative books, records, and
documents (including electronic storage media), for a minimum of five (5) years in
accordance with chapters 119 and 257, Florida Statutes, and the Florida Department of
State Record Retention Schedule located at http://dlis.dos.state.fl.us/recordsmgmt.
The Provider shall maintain youth records, which are programmatic in nature in a secure
location with access limited to duly authorized Department and Provider staff. Upon
expiration of this Contract, the Provider shall return all youth records to the Department.
The Provider shall ensure these records are available at all reasonable times to
inspection, review, or audit by state and federal personnel and other personnel duly
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Contract X1690
authorized by the Department. In the event any work is subcontracted, the Provider shall
require each subcontractor to maintain and allow access to such records for audit
purposes in the same manner. The Provider shall retain sufficient records demonstrating
its compliance with the terms of this Contract for a period of five (5) years from the date
the audit report is issued, and shall allow the Department, or its designee, Comptroller, or
Auditor General access to such records upon request. The Provider shall ensure that all
working papers are made available to the Department, or its designee, Comptroller, or
Auditor General upon request for a period of three (3)years from the date the audit report
is issued, unless extended in writing by the Department.
B. Transfer of Records
Upon completion or termination of the Contract, the Provider shall cooperate with the
Department to facilitate the transfer and return of records to the Department, at no cost to
the Department. All records provided to or developed by the Provider for this Contract
are the property of the Department.
VIII. GENERAL TERMS&CONDITIONS
A. Incorporated By Reference
When applicable, the Department's Invitation to Bid, Request for Proposal or Invitation to
Negotiate that results in this Contract and the Provider's bid, proposal or reply are
incorporated herein by reference.
B. Order of Precedence
In the event of a conflict, ambiguity or inconsistency among the Contract and any
attachments and exhibits named herein that are attached hereto and incorporated by
reference, such conflict will be resolved by applying the following order of precedence:
1. Contract document including any attachments, exhibits, and amendments;
2. The Request for Proposals, Invitations to Bid, Invitations to Negotiate, exhibits,
and appendices, including any addenda;
3. Applicable Florida Statutes and Florida Administrative Code;
4. Department policy and manuals; and
5. The Provider's proposal, bid or reply as incorporated by reference.
If the Contract is silent on matters relating to health services, the Provider shall follow
applicable law and Department policy and manuals.
C. Rights, Powers and Remedies
No delay or failure to exercise any right, power or remedy accruing to either party upon
breach or default by either party under this Contract, shall impair any such right, power or
remedy of either party; nor shall such delay or failure be construed as a waiver of any
such breach or default, or any similar breach or default thereafter.
D. Third Party Rights
This Contract is neither intended nor shall it be construed to grant any rights, privileges or
interest in any third party without the mutual written agreement of the parties hereto.
E. P.R.I.D.E
It is expressly understood and agreed that any articles which are the subject of, or
required to carry out, this Contract shall be purchased from the corporation identified
under chapter 946, Florida Statutes, in the same manner and under the same procedures
set forth in sections 946.515(2) and (4), Florida Statutes. 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.
The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES AND
DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.)which may be contacted at:
P.R.I.D.E.
12425 28th Street North, Suite 103
St. Petersburg, Florida 33716
Telephone(727) 572-1987
http://www.pride-enterprises.orq/
F. Legal and Policy Compliance
1. The Provider shall comply with all local, state, and federal laws, rules, regulations
and codes whenever work is performed under this Contract. The Provider shall
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Contract X1690
also comply with and the Department will monitor and evaluate the services
provided under this Contract in accordance with all Department policies, and
procedures that are in effect on the date that this Contract is fully executed.
2. The Provider is not responsible for complying with subsequent changes to
Department policies or procedure that may affect the services provided under this
Contract unless the Department and the Provider negotiate otherwise. Such
negotiation shall be reduced to writing through a contract amendment that is
mutually agreed upon by both parties. However, the Department cannot waive a
Provider's compliance to subsequent changes to any local, state, and federal
laws, rules, regulations or codes.
3. The Provider shall obtain any licenses and permits required for services
performed under this Contract and maintain such licenses and permits for the
duration of this Contract.
4. Any and all waivers of Department policies, procedures, or manuals shall be
reduced to writing and shall be maintained in the Contract Manager's file.
G. Convicted Vendor List
A Vendor, person or affiliate who has been placed on the Florida Convicted Vendor List
may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with the Department pursuant to section 287.133, Florida
Statutes.
H. Discriminatory Vendor List
In accordance with section 287.134, Florida Statutes, an entity or affiliate who has been
placed on the Discriminatory Vendor List:
1. May not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under contract with any public entity; and
2. May not transact business with any public entity.
Copyrights and Right to Data
1. 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.
2. If the materials so developed are subject to copyright, trademark or patent, legal
title and 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.
Ownership of intellectual property created as a result of the services delivered
under this Contract will reside with the Department.
J. Assignments and Subcontracts
The Provider shall not assign responsibility of this Contract to another party, subcontract
for any of the work contemplated under this Contract, or transfer program services to
another location without the prior written approval of the Department's Contract Manager.
Approval by the Department of assignments or subcontracts shall not be deemed in any
event to provide for the Department incurring any additional obligations under this
Contract, nor relieve the Provider of the requirements of this Contract. The Department
may monitor the terms and conditions of the assignment or subcontract to ensure
compliance. The Provider shall ensure contracts with its subcontractors contain the
terms and conditions of this Contract and shall be responsible for monitoring
subcontractor compliance and performance in both programmatic and administrative
areas. The Department's review of subcontractor agreement(s) associated with this
Contract award does not relieve the Provider of the responsibility to manage the
subcontractor; demonstrate the value added and reasonableness of subcontractor
pricing; and meet all contractual obligations.
K. Sponsorship
If the Provider is a non-governmental organization which sponsors a program financed
partially by State funds, including any funds obtained through the Contract, it shall, in
publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by
Opa-Locka Police Youth Academy and the State of Florida, Department of Juvenile Justice."
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Contract X1690
If the sponsorship reference is in written material, the words"State of Florida, Department of
Juvenile Justice" shall appear in the same size letters or type as the name of the
organization.
L. Products Available from Blind or Other Handicapped (RESPECT)
It is expressly understood and agreed that any articles that are the subject of, or required
to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for
the severely handicapped that is qualified pursuant to chapter 413, Florida Statutes, in
the same manner and under the same procedures set forth in Section 413.036(1) and (2),
Florida Statutes. 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 the state
agency insofar as dealings with such qualified nonprofit agency are concerned.
http://dms.myflorida.com/business_operations/state_purchasing/vendor informati
on/state_contracts_ag reements_and_price_I fists/respect
M. Force Maieure
Neither party shall be liable for loss or damage suffered as a result of any delay or failure in
performance under the Contract or interruption of performance resulting directly or indirectly
from acts of God, accidents, fire, explosions, earthquakes, floods, water, hurricanes, wind,
lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances,
insurrections, strikes, or labor disputes. However, acts of God, accidents, fire, explosions,
earthquakes, floods, water, hurricanes, wind, lightning, civil or military authority, acts of
public enemy, war, riots, civil disturbances, insurrections, strikes, or labor disputes do not
relieve the Provider from its responsibility under the Contract, for the health, safety and
welfare for the youth assigned to it by the Department.
N. Insurance
1. The Provider shall maintain, if applicable, the following types of insurance listed
below during the entire period of this Contract and submit proof of maintenance
to the Department on an annual basis.
a. Commercial General Liability with a minimum limit of $500,000.00 per
occurrence and $1,000,000.00 policy aggregate (defense cost shall be in
excess of the limit of liability). Coverage shall include premises and
operations, products and completed operations, personal injury,
advertising liability, and medical payments.
b. Automobile Liability Insurance shall be required and shall provide bodily
injury and property damage liability covering the operation of all vehicles
used in conjunction with performance of this Contract, including hired and
non-owned liability coverage:
1) With a minimum limit for bodily injury of$250,000 per person;
2) With a minimum limit for bodily injury of$500,000 per accident;
3) With a minimum limit for property damage of $100,000 per
accident; and/or
4) With a minimum limit for medical payments of $10,000 per
person.
2. The Provider shall maintain Worker's Compensation and Employers' liability
insurance as required by Chapter 440, Florida Statutes, with minimum employers'
liability limits of$100,000 per accident, $100,000 per person and $500,000 policy
aggregate.
3. The Department shall maintain insurance for all Department-furnished real and
personal property in Department-owned or leased facilities that are utilized by the
Provider to deliver services under this Contract. For those services that are not
delivered in Department-owned or leased facilities,the Provider shall procure and
maintain "fire and extended coverage"for all property, furnishings and equipment
furnished by the Department in an amount equal to its full insurable replacement
value. The Department shall be named as a loss payee on these policies.
4. The Contract shall not limit the types of insurance the Provider may desire to
obtain or be required to obtain by law. The limits of coverage under each policy
maintained by the Provider shall not be interpreted as limiting the Provider's
liability and obligations under the Contract.
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Contract X1690
5. All insurance shall be in effect before the Provider commences services under
this Contract or takes possession of Department-furnished property. The
Provider shall deliver all Certificates of Insurance to the Department before the
Department provides any funds. A Florida-regulated insurance company or an
eligible surplus lines insurance carrier shall write all insurance. The Certificates
shall be completed and signed by authorized Florida Resident Insurance Agents
or Florida Licensed Nonresident Insurance Agents and delivered to the
Department's Contract Manager. All certificates shall be dated and contain:
a. The name of the Provider, the program name, the name of the insurer,
the name of the policy, its effective date, and its termination date;
b. The State of Florida listed as an Additional Named insured for policies of
General Liability and Automotive Liability;
c. A statement the insurer will mail a notice to the Department's Contract
Manager at least thirty (30) days prior to any material changes in the
provisions or cancellation of the policy; and
d. All coverage required in this Contract.
O. Suspension of Work
The Department may, in its sole discretion, suspend any or all activities under the
Contract, at any time, when in the interests of the State to do so. The Department shall
provide the Provider written notice outlining the particulars of suspension. Examples of
the reason for suspension include, but are not limited to, budgetary constraints, or a
declaration of emergency. After receiving a suspension notice, the Provider shall
immediately comply with the notice. Within ninety (90) days, or any longer period agreed
to by the Provider, the Department shall either (1) issue a notice authorizing resumption
of work, at which time activity shall resume, or (2) terminate the Contract. The Provider
will not receive compensation during the suspension period for the services that are
under suspension.
P. Inspector General Requirements
1. Investigation
Pursuant to section 20.055, Florida Statutes, the Office of the Inspector General
is responsible for providing direction for supervision and coordination of 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, and shall conduct investigations designed to detect, deter, prevent,
and eradicate fraud, waste, mismanagement, misconduct, and other abuses in its
programs and activities.The Inspector General and staff shall have access to any
records, data, and other information maintained by the Department or Provider as
deemed necessary to carry out the aforementioned activities. The Provider will
ensure that all Provider staff, and its subcontractors, fully cooperate with the
Office of the Inspector General staff and/or other Department staff conducting
audits, investigations, or reviews. The Provider shall, as directed by the
Department, conduct Program Reviews of incidents reported to the Department.
Program Reviews will be conducted by Provider staff certified by the Department
as Program Review Specialists.
2. Incident Reporting
Pursuant to Rule 63f-11.001-006, Florida Administrative Code, Central
Communications Center, the Provider shall comply with all Department incident
reporting requirements. The Provider shall develop an internal numbering
process for all incident reports to ensure that all reports are present and
maintained in accordance with Department policy, including implementation of a
written Arrest Reporting procedure requiring all owners, operators, directors,_
caretaker/direct contact staff, and subcontracted staff, who have been arrested
for any criminal offense to make a report of their arrest, either written or oral, to
their immediate supervisor within three (3) business days of the arrest. This
procedure shall require the imposition of corrective action for noncompliance.
Programs must comply with the reporting requirements as outlined in the
Department's incident reporting policy.
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Contract X1690
3. Background Screening
The Provider shall comply with the Department's Statewide Procedure on
Background Screening for Employees, Vendors, and Volunteers that is available
on the Department's website. The Provider shall comply with the requirements
for background screening pursuant to chapters 39, 435, 984 and 985, Florida
Statutes and the Department's background screening policy (FDJJ 1800 Revised
7/30/10 with corrections on 8/12/10). Failure to comply with the Department's
background screening requirements may result in termination of the Contract.
Q. Quality Assurance Standards
1. The Department will evaluate the Provider's program, in accordance with section
985.632, Florida Statutes, to determine if the Provider is meeting minimum
thresholds of performance pursuant to the Department's quality assurance
standards.
2. The Provider shall achieve and maintain at least an overall performance rating in
the "minimal" range for applicable quality assurance standards. Failure to
achieve at least an overall performance rating in the "minimal" range shall cause
the Department to conduct a second quality assurance review, within six (6)
months. Failure of the second quality assurance review shall cause the
Department to terminate the Provider's contract, unless the Department
determines there are documented significant extenuating circumstances. In
addition, if the Provider's Contract is terminated, the Department may not
contract with the same Provider for the terminated service for a period of twelve
(12)months.
3. Quality assurance reviews shall be based only on standards assessing
compliance with this Contract, local, state, and federal laws, rules, regulations
and codes, as well as Department policies, procedures and manuals that are in
effect on the date that this Contract is fully executed, unless otherwise negotiated
in writing between the Department and the Provider.
4. The Provider shall ensure a minimum of one (1) staff member per Contract
participates in an on-site quality assurance review in another judicial circuit on an
annual (calendar year) basis. The Provider shall ensure all staff participating in
quality assurance reviews are at the management or supervisory level, have a
minimum of a Bachelor's Degree unless a waiver request has been submitted
and approved by the Department, and have completed the Department's Quality
Assurance peer reviewer certification training program. Participation in the
training and the review shall be at the Provider's expense.
5. The results of quality assurance reviews and final scores do not relieve the
Provider of its responsibility for compliance with the provisions in this Contract.
R. Monitoring
The Department will conduct periodic unannounced and announced programmatic and
administrative monitoring to assess the Provider's compliance with this Contract and
applicable federal and state laws, rules and Department policies and procedures. The
Provider shall permit persons duly authorized by the Department to inspect any records,
papers, documents, electronic documents, facilities, goods and services of the Provider
that are relevant to this Contract, and 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 findings, including deficiencies
regarding the manner in which said goods or services are provided. The Provider shall
rectify all noted deficiencies specified by the Department within the specified period of
time set forth in the Department's Monitoring Report. The Provider's failure to correct
within the time specified by the Department may result in the withholding of payments,
being deemed in breach or default, and/or termination of this Contract.
S. Confidentiality
1. Pursuant to section 985.04, Florida Statutes, all information obtained in the
course of this Contract regarding youth in the care of the Department is
confidential. The Provider shall comply fully with all security procedures of the
State and the Department in performance of the Contract. The Provider shall not
divulge to third parties any confidential information obtained by the Provider or its
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Contract X1690
agents, distributors, resellers, subcontractor, officers or employees in the course
of performing Contract work, including, but not limited to, security procedures,
business operations information, or commercial proprietary information in the
possession of the State or Department. The Provider shall not be required to
keep confidential information or material that is publicly available through no fault
of the Provider, material that the Provider developed independently without
relying on the State's or Department's confidential information, or material that is
otherwise obtainable under State law as a public record. The Provider shall take
appropriate steps to ensure its personnel, agents, and subcontractors protect
confidentiality. The warranties of this paragraph shall survive the Contract.
2. The Provider shall comply with all requirements of the Health Insurance
Portability and Accountability Act of 1996 (HIPAA) and the regulation applicable
to entities covered under HIPAA, issued by the Department of Health and Human
Services, entitled "Standards for Privacy of Individually Identifiable Health
Information" (45 CFR Parts 160 and 164, effective April 14, 2000), if applicable
under this Contract.
T. Dispute Resolution
Any dispute concerning compliance and/or performance of this Contract shall be decided
by the Department's designated Contract Manager, who shall reduce the decision to
writing and serve a copy to the Provider. Any dispute that cannot be resolved shall be
reduced to writing and delivered to the Department's Assistant Secretary or designee of
the relevant program area for resolution.
U. Severability
If a court deems any provision of this Contract void or unenforceable, that provision shall
be enforced only to the extent that it is not in violation of law or is not otherwise
unenforceable and all other provisions shall remain in full force and effect.
V. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion
The Provider, by execution of this Contract, certifies that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily
excluded from participation in contracting with the Department by any federal department
or agency, pursuant to 34 CFR, Part 85, Section 85.510. The Provider shall notify the
Department if, at any time during this Contract, it or its principals are debarred,
suspended, proposed for debarment, declared ineligible or voluntarily excluded from
participation in contract with the Department by any federal department or agency. The
list of excluded entities is available at http://www.epls.qov/.
W. All property purchased by the Provider utilizing Contract funds is the Property of the State
and shall be returned to the Department upon expiration of this Contract. The property
shall be returned in a condition which allows for re-use of equipment. The Department
shall make the determination regarding the surplus of State-owned property. The
Provider shall maintain property to protect against theft and/or damage. The Provider
may not be reimbursed for property purchased unless specifically allowed by this
Contract.
IX. CAPTIONS
The captions, section numbers, article numbers, title and headings appearing in this Contract are
inserted only as a matter of convenience and in no way define, limit, construe or describe the
scope or intent of such articles or sections of this Contract, nor in any way effect this Contract and
shall not be construed to create a conflict with the provisions of this Contract.
X. Attachments and Exhibits to be Included as Part of This Contract:
Attachment I: Services to be Provided
Exhibit 1: Invoice
Exhibit 2: Contract Census Report
Exhibit 3: Florida Minority Business Enterprise(MBE)Utilization Report
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Contract X1690
This Contract and all attachments and exhibits named herein that are attached hereto and incorporated
by reference, represents the entire agreement of the parties. Any alterations, variations, changes,
modifications, or waivers of provisions of this Contract shall only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless
otherwise provided herein.
IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by their
undersigned officials as duly authorized.
PROVIDER STATE OF FLORIDA
OPA-LOCKA POLICE YOUTH ACADEMY DEPARTMENT OF JUVENILE JUSTICE
SIGNED BY: SIGNED BY:
NAME: NAME:
TITLE: TITLE:
DATE DATE:
VENDOR NUMBER: 59-6000394
THIS CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
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Attachment I
Services to Be Provided
Conditional Release
GENERAL DESCRIPTION
A. Services to be Provided
1. The Provider shall design, develop, implement, and operate a 23 slot community-
based conditional release program boys and girls in Miami-Dade County, Circuit
11, who have been released from residential commitment programs and are
under 21 years of age. The purpose of community-based conditional release is
to protect the public, reduce recidivism, increase responsible and productive
behavior, and provide for a successful transition of the youth from the
Department to the family.
2. The program shall serve youth on conditional release or post-commitment
probation in a community-based setting. The Provider shall provide supervision
and restorative justice interventions to youth returning to the community from low,
moderate, high, or maximum risk residential commitment programs that are
referred to conditional release or post-commitment probation. The Provider shall
meet the restorative justice needs of youth completing residential commitment
programs and returning to their homes.
B. General Description of Services
1. The Provider shall supervise these youth until they are terminated from the
system, or are placed on demand status after completing all court-ordered
sanctions and treatment specifications other than payment of restitution.
2. Program components shall be in compliance with chapter 985, Florida Statutes,
and the Department's Probation & Community Corrections Handbook, or its
successor.
C. Authority for Specific Contracted Program Services
The Provider's program and services shall adhere to Chapter 985, Florida Statutes; Rule
63D-5.001-.007, Supervision; 63D-6.001-.008, Non Residential Programs; and Rule 63D-
7.001-.009, Post Residential Supervision.
D. Program Service Limits
1. Youth shall only participate in services directly related to his/her PACT and
incorporated into the youth's YES Plan in priority order.
2. The Provider's program, and any subsequent services, shall be delivered
consistent with Balanced and Restorative Justice concepts.
3. In addition, the Provider's program shall adhere to an evidence-based model
supported by multiple research studies or meta-analysis in accordance with the
Department's evidence-based treatment philosophy.
E. Goals of the Service
1. Services shall facilitate a positive change in youth behavior, bring about positive
changes in criminal thinking, and provide the youth with the tools necessary to
avoid recidivism or future criminal involvement. Services shall be designed to
address family issues and needs with the goal of improving family functionality.
2. Services shall address criminogenic risk factors with the goal of determining the
youth's individual risks and needs and provision of services to directly address
those identified risks and needs as determined through the Department's
Positive Achievement Change Tool (PACT)YES Plan.
II. Youth to be Served
A. General Description of the Youth to be Served
Youth referred to the program by the Department will be adjudicated delinquent or have
adjudication withheld and supervised by the Department in a residential commitment
program or in the community. The program shall serve a total of 23 boys and girls under
21 year of age who reside in Circuit 11, Miami-Dade County.
B. Youth Eligibility
The program shall serve youth on probation, conditional release or post-commitment
probation and include supervision of youth transitioning from a residential commitment
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program, released from a residential commitment program for post-commitment services,
or placed on probation.
C. Youth Referral/Determination for Services
Unless the program is at capacity,the Provider shall accept all youth, both boys and girls,
released from a residential commitment program returning to their respective Circuit who
are placed on conditional release or post-commitment probation status and referred to
the program by the Department. If the Provider disagrees with a placement, the youth
shall be accepted and information regarding the placement shall be sent to the Juvenile
Probation Officer Supervisor. If unresolved, the Chief Probation Officer or designee will
decide all disputes regarding referrals to the program and, if necessary, refer the issue to
the Regional Office. The decision of the Department is final. Youth placed in the program
by the Department will be adjudicated delinquent, supervised by the Department, and
transitioning out of a residential commitment program.
D. Limits on Youth to be Served
The maximum length of stay in the program shall not exceed 180 calendar days with the
anticipated length of stay for each youth to be 90 to 120 calendar days. Requests for an
extended length of stay shall be made in writing by the Provider to the Chief Probation
Officer in Circuit 11 or his/her designee, eleven (11) calendar days before the youth's
stay of 180 days in the program is exceeded. The Department's Chief Probation Officer
or his/her designee will respond to the request within five (5) business days of receipt of
the Provider's request. The length of an extension will be determined on a case-by-case
basis by the Chief Probation Officer.
III. Manner of Service
A. The Provider shall provide a facility in which the records of each youth served by the
program shall be maintained in a secure location. This facility shall be located in the
circuit in which the community-based services are being provided and shall be easily
accessible to youth and program staff.
B. The Provider shall make face-to-face contact with the youth within 24 hours (excluding
weekends and legal holidays)of the youth's return home from the residential program. If
the youth returns home on a weekend or legal holiday, then face-to-face contact with the
youth shall be made on the first workday following the weekend or holiday.
C. All services, support, and related performance shall be available and provided to youth
upon admission to the Provider's program. Services to youth exiting high or maximum-
risk residential commitment programs shall begin immediately upon release from the
residential commitment program. Services to sex offenders shall begin immediately upon
release from residential commitment or, if not committed, immediately upon admission.
D. The Department's referrals will include youth of different gender and race; therefore, the
Provider's program shall include components to address the different ethnicities, races
and gender-specific needs of all youth. Furthermore, the Provider's program shall be
consistent with the Balanced and Restorative Justice approach adopted by the
Department.
1. Restorative Justice
Restorative Justice is a philosophy that focuses on repairing the harm caused to
people and relationships as a result of criminal activity. The Provider's program
design and operation shall reflect the restorative justice philosophy. At a
minimum,the program shall provide for a restorative environment that includes:
a. Holding youth accountable for their behavior, including the harm their
crimes caused to the victim(s)and the community;
b. Encouraging youth and staff to be actively involved in setting and
achieving goals; and
c. Completing sanctions through participation in decision making, practicing
leadership roles, utilization of restorative conflict resolution strategies,
and contributing to the community.
d. Competency development shall facilitate skills valued by others in the
community and assist offenders to function in society in a meaningful,
positive way by;
1) Becoming stronger in character;
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2) Showing remorse and empathy towards others;
3) Connecting with the community and recognizing the potential to
become positive members of society; and
4) Practicing opportunities to lead, belong, mentor, contribute and
make meaningful choices.
E. Gender Specific Services:
The Provider's program shall provide specific program components and services
designed to comprehensively meet the special needs of both boys and girls. All gender-
specific services shall be provided in an environment in which both boys and girls feel
safe to share their feelings and discuss their problems,. removed from family and friends
and the demands of adolescent males/females; protected from harm by self, peers,
family members and staff; and an environment that acknowledges the positive
contributions of male/females through posters, murals, books, magazines, and videos.
The Provider shall hire staff based on their interest and experience working with
boys/girls, their knowledge of male/female development, training received on gender-
specific issues such as: gender differences in delinquency, adolescent male/female
development, male/female issues and needs, communication and relationship skills,
unique issues for girls of color, sexuality and gender identity, and the use of evidence-
based practices effective for boys/girls. Program components shall foster positive gender
identity development, recognize the risk factors and issues most likely to impact boys and
girls and the protective factors and skill competencies that can deter future delinquency.
At a minimum, programming shall include such issues as:
1. Strategies to promote positive relationships, including those with family
members, peers/friends, and staff/authority figures; strengthening communication
skills; assertiveness and appropriate expressions of anger, using evidence-based
approaches shown to be effective for both boys and girls; a safe environment,
free from verbal harassment, bullying, teasing, stalking, domestic violence,
racism, sexism and sexual abuse; and sexual decision-making, communicating
personal limits.
2. Educational programs, events and speakers to share experiences of men/women
from various ethnic, racial and socio-economic backgrounds.
3. Parenting education, responsible parenthood.
4. Appropriately expressing emotion.
5. Appropriate dating behaviors and respecting women's sexual rights.
6. Domestic violence prevention.
7. Alcohol and substance education.
F. Minority Services
The Provider's program shall include the identification of minority services to youth in a
manner that addresses the factors that impact disproportionate minority contact with the
juvenile justice system. The program shall be provided in a manner that fosters positive
identity development, recognizes the risk factors and issues most likely to impact minority
youth and the protective factors and skill competencies that can deter future delinquency.
Programming shall be culturally sensitive and include events that recognize the
contributions of people from various ethnic, racial, and socio-economic backgrounds and
include a plan to review its data related to releases, extensions of length of stay, transfer
requests, and violations of supervision and its policies and practices related to these
areas to ensure that minority overrepresentation does not unnecessarily occur as a part
of the community-based intervention program.
1. The Provider shall refer youth with identified mental health treatment needs,
substance abuse treatment needs and juvenile sexual offender treatment needs
to appropriately licensed and trained professionals described in the
Staffing/Personnel section of this Attachment I.
2. The Provider shall provide, or arrange for the provision of, in-home crisis
resolution and intensive intervention services to the youth and family to reduce
personal distress and the chance of future crises through the implementation of
preventive strategies and crisis intervention techniques.
3. Restorative justice services shall be based on risks and needs identified through
the PACT.
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4. The Provider shall document delivery of mental health and substance abuse
services. Documentation of mental health and substance abuse assessments,
treatment planning, counseling and therapy shall be permanently filed in the
mental health and substance abuse section of the youth's Department Individual
Healthcare Record.
G. Tasks to be Performed
At a minimum, the Provider shall provide the following tasks:
1. Pre-Screening
The Provider shall be responsible for conducting necessary screenings prior to
the youth's release from residential commitment, and making appointments for
identified restorative justice intervention services immediately upon release. The
Provider is also responsible for referring youth with mental health, substance
abuse and/or juvenile sexual offender treatment needs to an appropriately
licensed, trained and qualified mental health and/or substance abuse
professional.
2. Needs Assessment and Evaluation
a. The Provider shall perform a needs assessment utilizing the
Department's PACT pre-tests, assessments and reassessments and
provide development of a YES Plan for each youth upon admission. At a
minimum the following PACT criminogenic risk factors shall be assessed:
1) Family Factors/History
2) Education and Employment
3) Peer Relations
4) Substance Abuse
5) Leisure and Recreation
6) Personalities and Behavior
7) Attitudes and Orientation
b. The Provider shall ensure a PACT assessment and/or reassessment is
completed by trained staff. The Provider shall consider the youth's
history and background information, interviews with the Department,
court personnel, and other community agencies, and observations of the
youth/family situation.
c. The Provider shall review all comprehensive assessments and
evaluations completed before the placement of the youth, including the
PACT, YES Plan, and the treatment plan developed by the residential
commitment program (if exiting commitment)and all information received
from multidisciplinary, commitment or transition staffing.
d. The Provider shall access this information to identify issues related to the
youth's capacity to respond to restorative justice interventions, learning
styles, developmental stage, cognitive ability, motivation, self esteem,
gender, culture and social skills proficiency.
e. The Provider shall use the comprehensive assessments, comprehensive
evaluations and treatment plans developed by the residential programs
and transition information to identify youth with mental health, substance
abuse and juvenile sexual offender treatment needs and provide
referrals to appropriately licensed, trained and qualified mental health
and/or substance abuse professionals.
f. The Provider shall use the PACT and document assessment and
reassessments as a baseline for progressive services and to determine
the level of restorative justice services and the appropriate approaches
to be utilized with the youth and his/her family.
g. The Provider shall ensure that appropriately licensed, trained and
qualified mental health and/or substance abuse professionals in the
community provide additional diagnostic evaluations, which are to be
conducted on a case-by-case basis, or as needed.
H. Transition Services
1. The Provider shall initiate contact with the youth, the youth's family and the
residential program while the youth is in residential placement.
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2. The Department will provide the Provider with a Conditional Release Packet at
the time of each youth's admission into a residential program.
3. The Provider shall begin transition responsibilities at least sixty (60) calendar
days prior to the youth's anticipated discharge from the residential program, and
ninety (90) calendar days prior to the youth's anticipated discharge for sexual
offenders.
4. The Provider shall communicate with the residential program and utilize the
assessment and evaluation materials to form the Conditional Release
Supervision Plan (SP).
a. The .Provider shall attend all transition staffing meetings for youth
entering their conditional release program in accordance with the
Probation and Community Corrections Handbook.
b. While the youth is in his or her commitment program, the Provider shall
make monthly contact with the Juvenile Probation Officer (JPO) and the
youth and parent, and document this contact in the youth's file.
c. While the youth is in the residential program, the Provider shall make
contacts with the commitment program staff (letter, telephone, email
and/or face-to-face), consistent with the Probation and Community
Corrections Handbook, and document this contact in the youth's file.
d. During the transition phase, the Provider shall make a contact (at the
youth's home)with the youth and family if the youth is on a home visit or
other trial visit from a commitment program.
Case Management
1. Case Management services shall include coordination with the Department and
other community-based agencies, including referrals for mental health,
substance abuse and juvenile sexual offender treatment services by
appropriately licensed, trained and qualified mental health and/or substance
abuse professionals.
2. The Provider shall maintain a 1:20 case load ratio.
3. Case management services shall, at a minimum, include conducting needs
assessments, arranging for, referring to, and coordinating community mental
health, substance abuse, and juvenile sexual offender treatment services by
appropriately licensed and trained mental health professional and resources
based on the individual treatment needs of the youth and needs of the family.
4. The Provider shall complete any additional documentation that shall include, but
not be limited to, case file documentation, reports, JJIS updates and
correspondence.
5. The Provider shall collect all mental health, substance abuse and juvenile sexual
offender treatment plans, therapy notes, assessments and evaluations
conducted by the appropriately licensed, trained and qualified mental health
and/or substance abuse professionals.
6. The Provider shall reclassify the youth based upon the youth's progress and
court-ordered goals.
7. The Provider shall submit the required documentation for court approval,
including progress reports and termination summaries in consultation with the
JPO.
8. The Provider shall link the youth and the youth's family to appropriate restorative
justice services provided within the program and within the youth's local
community as indicated by risk factors.
9. The Provider shall monitor the youth's progress with restorative justice
interventions, mental health, substance abuse and juvenile sexual offender
treatment, restitution payments and community service projects and update the
supervision plan.
J. Youth Empowered Success(YES) Plan
1. The Provider shall create a YES Plan for each youth admitted to the program
within 14 days of the youth's release from the residential program, which shall be
signed by the youth,the parents/guardian, and the Case Manager.
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2. The YES Plan shall be developed by the Provider with the youth, the
parent/guardian, representatives from the program, and community resource
agencies working with the Provider. Emphasis shall be placed on the highest risk
criminogenic needs identified on the PACT.
3. The YES Plan shall outline the needs and sanctions of the youth.
4. The YES Plan, developed by the Provider shall contain individualized goals
designed to address the youth's specific risks and needs.
5. The Provider shall complete the plan within 14 calendar days of a youth's release
from the commitment's program.
6. The YES Plan shall be maintained in JJIS with signed copies in the youth file.
7. Services outlined in the supervision plan for the youth and family shall begin
within 14 days after the youth's release from the commitment program.
8. The progress of each youth shall be monitored and the SP updated a minimum
of every 30 days or as necessary by the Provider, with appropriate written
documentation in the youth's file and communicated to the JPO.
9. The Provider's SP for the youth shall reflect the completion of all required
sanctions.
10. The YES Plan shall be modified to reflect the completion of all required court-
ordered sanctions and treatment goals or lack of progress by the youth.
K. Contacts and Supervision
1. The Provider shall begin supervision (which may include telephone contacts) of
the youth within 24 hours of the youth's release from residential custody.
2. Once the youth enters the program, Provider staff shall have contact with the
youth's family and encourage active involvement in the strategic interventions
consistent with the requirements of the Probation and Community Corrections
Handbook.
3. The Provider's staff assigned to perform case management duties and
interventions shall provide these services during the hours of 3:00 P.M. and
11:00 P.M. and on weekends. Programs for youth and their families shall be
provided in the evenings and weekends, whenever possible, to accommodate
working families.
4. Surveillance by the Provider shall be to monitor compliance with sanctions, such
as curfew, and to provide youth accountability. The Provider shall supervise
youth curfews by both telephone and in person. The Case Manager shall
conduct curfew checks in person a minimum of once a week, and properly
document contacts in writing in the case file.
5. Provider contacts shall be relevant and shall place major emphasis on coaching
the youth toward successful completion of the YES PLAN and the SP, monitoring
progress, and appraising on-going needs and risks. The Provider shall develop
and apply a graduated sanction and reward system to encourage completion of
the YES PLAN and the SP.
6. Contacts shall be significant in duration with meaningful interaction sufficient to
assist in problem solving, conflict resolution or skill enhancement. All contacts
shall be documented in writing in the case file chronological notes using
Department approved coding and shall accurately and concisely summarize the
contacts made.
7. Contact requirements shall be determined by the level of supervision of the youth
and shall be based on the standards set forth in the latest version of the
Probation and Community Corrections Handbook.
L. Strategic Restorative Justice Interventions
Once the youth enters the program, Provider staff shall have contact with the youth's
family and encourage active involvement in the strategic restorative justice interventions
consistent with the requirements of the Probation and Community Corrections Handbook.
1. Restorative justice intervention strategies shall combine behavioral programs,
restitution, supervision, employment, vocational and academic programming.
The Provider shall provide or coordinate the provision of services to youth in the
program regarding the strategies and interventions required in this section
directly or through resources available in the community.
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2. Restorative justice interventions may be provided in a group or individual format.
3. Mental health, substance abuse, and juvenile sexual offender treatment services
afforded to youth in the community may be provided through individual, family or
group counseling therapy services by appropriately licensed, trained and
qualified mental health and/or substance abuse professionals.
4. Group restorative justice interventions shall be provided to those youth with
assessed criminogenic risks that indicate a service need and follow an
evidenced-based restorative justice intervention model. The Provider shall deliver
or coordinate the delivery of services with fidelity to the evidence-based model.
a. Family Restorative Justice Intervention Groups
The following types of interventions shall be made available to families
based on assessed criminogenic needs. Restorative justice
interventions for parents shall address issues of inadequate supervision;
poor relationships; appropriate discipline; consistent parenting; methods
of controlling youth's behavior and acknowledging the strengths of the
family; and substance abuse education.
b. Youth Restorative Justice Intervention Groups
The program shall include youth restorative justice interventions a
minimum of twice weekly. Youth shall attend the restorative justice
intervention groups identified as a need through the PACT, YES Plan, or
behavioral assessment.
1) A minimum of two (2)restorative justice intervention groups shall
address a combination of the criminogenic factors present in the
youth participating. LifeSkills Training®, Thinking for Change, or
Aggression Replacement Training delivered with fidelity to the
evidence-based model may be used to meet this requirement.
Other evidence-based programs may be substituted after written
approval from the Contract Manager with concurrence of the
Chief Probation Officer.
2) Youth restorative justice groups, at a minimum, shall address
education, employment, leisure skills and interests, peer
relationships, school behavior, conflict with others, low
achievement,future goals and career interests, self-esteem, self-
management skills, anti-social beliefs and attitudes, cognitive
restructuring, attention spans,frustration tolerance and defiance.
c. Anger Management/Cognitive Retraining
A standardized, evidence-based model of anger management or
cognitive restructuring such as Aggression Replacement Training (ART)
that relies on repetitive learning techniques to teach participants to
control impulsiveness and anger and use more appropriate behaviors
shall be utilized by the Provider.
M. Education/Academic Assistance
1. The Provider shall not utilize educational and vocational programs as a single
therapeutic element. Other services shall be provided to address the youth's
risk/needs factors and treatment plan.
2. Based on needs and strengths identified by the needs assessment, the Provider
shall ensure through resources available in the community, the provision of
services designed to assist the youth in the school or vocational settings. These
services shall include, but are not limited to, homework assistance, tutoring,
mentoring,job training, and testing services.
3. The Provider shall ensure that every youth is transitioned from the residential
program into the appropriate local educational setting.
4. The Provider shall ensure that all youth meet the requirements of section 985.46,
Florida Statutes, which requires that all conditional release youth without a
diploma or its equivalent participate in an educational program and that all other
youth participate in a workforce development or other career or technical
education program or attend a community college or university.
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5. Mental Health and Substance Abuse Therapy/Counseling Services
The Provider shall ensure that youth who have been identified to have a mental
health, substance abuse or juvenile sexual offender treatment need have access
to necessary and appropriate mental health therapy and substance abuse
counseling services. A Florida licensed mental health professional or a non-
licensed mental health staff person working under the direct supervision of a
licensed professional shall provide the mental health counseling/therapy.
a. An individualized mental health treatment plan and/or substance abuse
treatment plan shall be developed for each youth to receive counseling.
The individualized mental health treatment plan or individualized
substance abuse treatment plan shall be based upon the diagnostic
assessment. The individualized mental health and/or substance abuse
treatment plan shall contain the following elements:
1) The youth's DSM-IV-TR diagnoses (Axis I, Axis II, Axis III, Axis
IV,Axis V);
2) The specific symptoms and behaviors that will be the focus of
treatment;
3) Treatment goals and objectives, written in achievable and
measurable terms,which are:
a) Related to the diagnosis;
b) Based upon the diagnostic assessment and responsive
to the youth's risk factors and symptoms;
c) Address specific risk factors, behaviors, symptoms, skill
deficits, strengths, and needs of the youth.
4) The youth's functional strengths/abilities and preferences/needs
that may affect his/her success in treatment;
5) The interventions/strategies to be provided and target dates for
completion
6) The youth's functional strengths/abilities and preferences/needs
that may affect his/her success in treatment;
7) The youth's psychiatric service needs (for youth receiving
psychotropic medication or other psychiatric services);
8) The signatures of the youth and licensed mental health
professional for the mental health treatment plan or the signature
of the youth and licensed qualified professional for the substance
abuse treatment plan within 10 days of completion;
9) The signature of the parent or legal guardian. (If the parent or
guardian's signature cannot be provided on the treatment plan,
there must be clear documentation of at least one of the
following: There is a reason for non-involvement consistent with
the youth's needs; efforts to secure the parent or guardian
involvement have been unsuccessful; or there is a reason for
noninvolvement consistent with statutory requirements).
b. A review of the individualized treatment plan must be conducted by the
licensed professional every 30 days. The treatment plan review will
assess the youth's progress in meeting his/her treatment goals and
objectives, and will ascertain whether modifications to the treatment plan
are needed.
1) The treatment plan review findings and recommendations must
be documented on a form developed by the licensed
professional, or the sample form provided in Appendix 1-2 of the
Mental Health and Substance Abuse Manual (revised August
2006 with March 2007 and April 2007 updates)may be used.
2) Any modifications made to the individualized treatment plan must
be documented on the review form and clearly and specifically
identified as a modification to the individualized treatment plan.
The treatment plan review form must, at a minimum, contain all
of the elements of the form provided in Appendix 1-2.
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3) The mental health treatment plan review form must be signed
and dated by the licensed mental health professional and the
substance abuse treatment plan review form must be signed and
dated by the licensed qualified professional.
N. Substance Abuse Group Counseling
Group substance abuse counseling or therapy refers to an assembly of youth (typically
five to ten youth with substance abuse impairment) and a qualified professional licensed
under Chapter 458, 459, 490 or 491, F.S, OR a person who is a licensed substance
abuse service provider licensed under Chapter 397 OR a substance abuse clinical staff
person who is an employee in a facility licensed under Chapter 397 OR an employee of a
service provider licensed under Chapter 397, F.S., working under the direct supervision
of a qualified professional (in accordance with Rule 65D-30.003(15) FAC). Group
substance abuse counseling shall be provided regularly for the purpose of promoting
abstinence from all mood-altering drugs and recovery from addiction. Group substance
abuse counseling or therapy involves peers in a group process that encourages them to
address personal problems and the consequences of their alcohol and drug use. Through
sharing, discussion, and problem solving, youth can begin to take responsibility for their
alcohol and/or drug use and begin to recognize denial and other signs of minimizing their
drug problems. Group substance abuse counseling must be based on best practices and
effective treatment models. Research-based treatment and curricula provided by the
National Institute of Drug Abuse (NIDA) and the Substance Abuse and Mental Health
Services Administration (SAMHSA)should be used, whenever possible.
1. Youth shall be referred for substance abuse treatment services by the Provider
based upon the youth's treatment needs.
2. Sessions will be 1 hour in duration with at least 50 minutes of that hour reserved
for counseling.
3. Group counseling sessions shall include, but are not limited to:
a. Reasons for substance use,
b. Substance refusal skills;
c. Relapse prevention, including how to avoid drugs and alcohol and who to
call for support;
d. Life skills training.
4. Substance abuse group counseling shall not exceed 15 youth.
5. Substance abuse counseling shall be documented in a progress note, which
provides a description of the treatment session/activity and the youth's
participation in the treatment session/activity.
a. The progress/treatment note must document the course of treatment and
the youth's progress in meeting his or her clinical goals and objectives as
specified in the treatment plan.
b. Progress/treatment notes shall be recorded on the day the treatment
service/activity is provided.
c. A written report of the youth's progress in the counseling sessions shall
be provided to the Juvenile Probation Officer every 30 days.
6. Documentation of substance abuse assessments, treatment planning and
counseling shall be shall be permanently filed in the youth's Department of
Juvenile Justice Individual Healthcare Record. The Provider may retain the
original documentation. However, if the Provider chooses to retain the original
documentation of treatment, then they shall make a copy of the original and
provide the copy to the Juvenile Probation Officer who will insert it in the mental
health/substance abuse section of the youth's Individual Healthcare Record.
7. The youth's assigned Juvenile Probation Officer (JPO) shall be notified of any
unexcused absences.
O. Individual Substance Abuse Counseling
Individual substance abuse counseling or therapy refers to one-to-one counseling
between a youth with substance abuse impairment and a qualified professional licensed
under Chapter 458, 459, 490 or 491, F.S, OR a person who is a licensed substance
abuse service provider licensed under Chapter 397 OR a substance abuse clinical staff
person who is an employee in a facility licensed under Chapter 397 OR an employee of a
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Contract X1690
service provider licensed under Chapter 397, F.S., working under the direct supervision
of a qualified professional (in accordance with Rule 65D-30.003(15) FAC). Individual
therapy is particularly effective for helping a youth to discuss issues which he/she may
not be ready to discuss in a group context. Individual substance abuse counseling must
be based on effective treatment models such as cognitive behavioral therapy and multi-
systemic and stages of change approaches.
1. Youth shall be referred for substance abuse treatment services by the Provider
based upon the youth's treatment needs.
2. Sessions will be 1 hour in duration with at least 50 minutes of that hour reserved
for counseling.
3. Individual substance abuse counseling or therapy in substance abuse treatment
shall include, but is not limited to:
a. Helping the youth resolve to stop using psychoactive substances;
b. Teaching coping skills to avoid relapse after achieving an initial period of
abstinence;
c. Fostering management of distressing feelings; and
d. Improving interpersonal functioning.
4. Individual substance abuse counseling shall be documented in a progress note
which provides a description of the treatment session/activity and the youth's
participation in the treatment session/activity.
a. The progress/treatment note must document the course of treatment and
the youth's progress in meeting his or her clinical goals and objectives as
specified in the treatment plan.
b. Progress/treatment notes shall be recorded on the day the treatment
service/activity is provided.
c. A written report of the youth's progress in the counseling sessions shall
be provided to the Juvenile Probation Officer every 30 days.
5. Documentation of substance abuse assessments, treatment planning and
counseling shall be shall be permanently filed in the youth's Department of
Juvenile Justice Individual Healthcare Record. The Provider may retain the
original documentation. However, if the Provider chooses to retain the original
documentation of treatment, then they shall make a copy of the original and
provide the copy to the Juvenile Probation Officer who will insert it in the mental
health/substance abuse section of the youth's Individual Healthcare Record.
6. The youth's assigned Juvenile Probation Officer (JPO) shall be notified of any
unexcused absences.
P. Mental Health- Individual Psychotherapy or Counseling
Individual psychotherapy or counseling refers to one-to-one counseling between a youth
with a diagnosed mental disorder and a licensed mental health professional OR a mental
health clinical staff person working under the direct supervision of a licensed mental
health professional. The focus of individual psychotherapy or counseling is to relieve
symptoms of serious emotional disturbance or mental illness and to resolve problems
which interfere with the youth's daily living. Individual psychotherapy or counseling within
the juvenile justice continuum may vary according to the youth's diagnosis and symptom
severity. For example, individual psychotherapy or counseling may address acute
emotional and behavioral needs, crisis intervention, improving emotional and behavioral
functioning, interpersonal skills, family issues, trauma, anger management, depression,
etc. Individual counseling or psychotherapy must be based on effective treatment
models such as cognitive behavioral therapy, reality therapy and family systems therapy.
1. Youth shall be referred for mental health treatment services by the Provider
based upon the youth's treatment needs.
2. Sessions shall be 1 hour in duration with at least 50 minutes of that hour
reserved for counseling.
3. Individual counseling shall be documented in a progress note, which provides a
description of the treatment session/activity and the youth's participation in the
treatment session/activity.
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Contract X1690
a. The progress/treatment note must document the course of treatment and
the youth's progress in meeting his or her clinical goals and objectives as
specified in the treatment plan.
b. Progress/treatment notes shall be recorded on the day the treatment
service/activity is provided.
c. A written report of the youth's progress in the counseling sessions shall
be provided to the Juvenile Probation Officer every 30 days.
4. Documentation of mental health treatment planning and counseling shall be
permanently filed in the youth's Department of Juvenile Justice Individual
Healthcare Record. The Provider may retain the original documentation.
However, if the Provider chooses to retain the original documentation of
treatment,then they shall make a copy of the original and provide the copy to the
Juvenile Probation Officer who will insert it in the mental health/substance abuse
section of the youth's Individual Healthcare Record.
5. The youth's assigned Juvenile Probation Officer's shall be notified of any
unexcused absences.
Q. Mental Health-Group Psychotherapy or Counseling
Group psychotherapy or counseling refers to an assembly of youth (typically five to a
maximum of ten youth who have a diagnosed mental disorder), and a licensed mental
health professional OR a mental health clinical staff person working under the direct
supervision of a licensed mental health professional, for the purpose of using the
emotional interactions of group members to help them get relief from distressing
symptoms and modify their behavior. The essence of group psychotherapy/counseling is
that the individual is encouraged to acquire certain knowledge (self-understanding and
understanding of others) and adaptation skills within a framework that seeks to foster
generalization from the small group to society. Group counseling must be based on best
practices and effective treatment models such as Cognitive Behavioral Therapy.
Research-based treatment and curriculums should be used,whenever possible.
1. For consistency with AHCA/Medicaid requirements, group therapy/counseling
must not exceed 10 participants with mental health diagnoses and not exceed 15
youth with substance abuse diagnoses.
2. Youth shall be referred for mental health treatment services by the Provider
based upon the youth's treatment needs.
3. Sessions will be 1 hour in duration with at least 50 minutes of that hour reserved
for counseling.
4. Group psychotherapy or counseling shall be documented in a progress note,
which provides a description of the treatment session/activity and the youth's
participation in the treatment session/activity.
a. The progress/treatment note must document the course of treatment and
the youth's progress in meeting his or her clinical goals and objectives as
specified in the treatment plan.
b. Progress/treatment notes shall be recorded on the day the treatment
service/activity is provided.
c. A written report of the youth's progress in the counseling sessions shall
be provided to the assigned Juvenile Probation Officer every 30 days.
5. Documentation of mental health treatment planning and counseling shall be
permanently filed in the youth's Department of Juvenile Justice Individual
Healthcare Record. The Provider may retain the original documentation.
However, if the Provider chooses to retain the original documentation of
treatment, then they shall make a copy of the original and provide the copy to the
Juvenile Probation Officer who will insert it in the mental health/substance abuse
section of the youth's Individual Healthcare Record.
6. The youth's assigned Juvenile Probation Officer shall be notified of any
unexcused absences.
R. Mental Health Family Psychotherapy or Counseling
Family counseling or therapy refers to an assembly of youth with acute or chronic mental
disorder, his/her family members (parents or legal guardians and siblings) and a licensed
mental health professional OR a mental health clinical staff person working under the
Page 24 of 39
Contract X1690
direct supervision of a licensed mental health professional for the purpose of improving
the youth and family's functioning in areas which appear to impact his/her mental
disorder and delinquent behavior. Family counseling or therapy must be based on
effective treatment approaches such as Family Systems Therapy, Functional Family
Therapy and Multi-Systemic Therapy.
1. Youth shall be referred for family therapy based upon their treatment needs.
2. Family Therapy must be based on the youth's individualized treatment plan.
3. Mental health family therapy sessions shall be 1 hour in duration with at least 50
minutes of that hour reserved for counseling.
4. Mental health family therapy shall be documented in progress/treatment notes,
which provide a description of the treatment session/activity and the youth and
family member's participation in the treatment session/activity.
a. The progress/treatment note must document the course of treatment and
the youth's progress in meeting his or her clinical goals and objectives as
specified in the treatment plan.
b. Progress/treatment notes shall be recorded on the day the treatment
service/activity is provided.
c. A written report of the youth's progress in the mental health family
counseling sessions shall be provided to the youth's Juvenile Probation
Officer every 30 days.
5. Documentation of mental health treatment planning and mental health family
counseling shall be permanently filed in the youth's Department Of Juvenile
Justice Individual Healthcare Record. The Provider may retain the original
documentation. However, if the Provider chooses to retain the original
documentation of treatment, then they shall make a copy of the original and
provide the copy to the Juvenile Probation Officer who will insert it in the mental
health/substance abuse section of the youth Individual Healthcare Record
6. The Provider shall document the youth's and family member's participation and
progress in the youth's file and provide a written monthly update to the
Department's assigned Juvenile Probation Officer listed on the referral.
7. The youth's assigned Juvenile Probation Officer shall be notified of any
unexcused absences.
S. Individual Juvenile Sexual Offender Therapy
All individual juvenile sexual offenders counseling sessions shall be sixty (60) minutes in
duration (counseling time)and must be conducted by a licensed professional as specified
in Section V.A.2.e.
1. Youth shall be referred for mental health treatment services by the Provider
based upon the youth's treatment needs.
2. Individual juvenile sexual offender therapy must be based on the youth's
individualized treatment plan (ITP).
3. Individual juvenile sexual offender therapy shall be documented in
progress/treatment notes, which provide a description of the treatment
session/activity and the youth's participation in the treatment session/activity.
a. The progress/treatment notes must document the course of treatment
and the youth's progress in meeting his or her clinical goals and
objectives as specified in the treatment plan.
b. Progress/treatment notes shall be recorded on the day the treatment
service/activity is provided.
c. A copy of the youth's treatment plan and progress/treatment notes shall
be forwarded to the youth's Juvenile Probation Officer for permanent
filing in the youth's Department Individual Healthcare Record (mental
health section).
4. The Provider shall document youth participation and progress in the youth's file
and provide a written monthly update to the Department's assigned Juvenile
Probation Officer listed on the referral.
5. All youth participating in individual juvenile sexual offender therapy sessions shall
sign in and out at the start and end of each session. Copies of sign-in sheets
shall be provided to the Department with the invoice for reimbursement.
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Contract X1690
T. Group Juvenile Sexual Offender Therapy
All juvenile sexual offender group therapy sessions shall be sixty(60) minutes in duration
(therapy time), must not exceed ten (10) youth and must be conducted by a licensed
professional or a juvenile sexual offender therapist as specified in Section I II.C.2.e.
1. Youth shall be referred for mental health treatment services by the provider
based upon the youth's treatment needs.
2. Group therapy must be based on effective treatment models such as Cognitive
Behavioral Therapy or Multisystemic Therapy. Research-based treatment and
curriculums should be used,whenever possible.
3. Group Therapy must be based on the youth's individualized treatment plan as
specified above.
4. Group Therapy shall be documented in progress/treatment notes, which provide
a description of the treatment session/activity and the youth's participation in the
treatment session/activity.
a. The progress/treatment notes must document the course of treatment
and the youth's progress in meeting his or her clinical goals and
objectives as specified in the treatment plan.
b. Progress/treatment notes shall be recorded on the day the treatment
service/activity is provided.
c. A copy of the youth's treatment plan and progress/treatment notes shall
be forwarded to the youth's Juvenile Probation Officer for permanent
filing in the youth's Department Individual Healthcare Record (mental
health section).
5. The Provider shall document youth participation and progress in the youth's file
and provide a written monthly update to the Department's assigned Juvenile
Probation Officer listed on the referral.
6. All youth participating in group juvenile sexual offender therapy sessions shall
sign in and out at the start and end of each session. Copies of sign-in sheets for
group sessions shall be provided to the Department with the invoice for
reimbursement.
U. Family Juvenile Sexual Offender Therapy
All family juvenile sexual offender counseling sessions shall be sixty (60) minutes in
duration (counseling time) and_must be conducted by a licensed professional or a
juvenile sexual offender therapist as specified in Section V.A.2.e.
1. Youth shall be referred for mental health treatment services by the Provider
based upon the youth's treatment needs.
2. Family Therapy must be based on the youth's individualized treatment plan as
specified above.
3. Therapy shall be documented in progress/treatment notes which provide a
description of the treatment session/activity and the youth and family member's
participation in the treatment session/activity.
a. The progress/treatment notes must document the course of treatment
and the youth's progress in meeting his or her clinical goals and
objectives as specified in the treatment plan.
b. Progress/treatment notes shall be recorded on the day the treatment
service/activity is provided.
c. A copy of the youth's treatment plan and progress/treatment notes shall
be forwarded to the youth's Juvenile Probation Officer for permanent
filing in the Department's Individual Healthcare Record (mental health
section).
4. The Provider shall document the youth and family member's participation and
progress in the youth's file and provide a written monthly update to the
Department's assigned Juvenile Probation Officer listed on the referral.
5. All youth and family members participating in family juvenile sexual offender
therapy sessions shall sign in and out at the start and end of each session.
Copies of sign-in sheets for family therapy sessions shall be provided to the
Department with the invoice for reimbursement.
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Contract X1690
V. Diagnostic Assessments
The Diagnostic Assessment process must include input from the parents)/legal guardian(s),
the Juvenile Probation Officer and the youth. Diagnostic Assessments shall include a review
of each youth's preliminary screenings (e.g., PACT, MAYSI-2), comprehensive
assessments (PACT full assessment, SAMH-2), police/arrest reports, previous
psychological or psychiatric reports and other pertinent information available in the
youth's DJJ record, including academic information and school records.
1. Diagnostic Mental Health Clinical Interview/Assessments
A Florida licensed mental health professional shall provide a mental health
diagnostic assessment. A licensed mental health professional is: A licensed
psychiatrist under chapter 458 or 459 F.S., who is board certified as a child and
adolescent psychiatrist by the American Board of Psychiatry and Neurology; a
licensed psychologist under chapter 490, Florida Statutes, a licensed mental
health counselor, clinical social worker or marriage and family therapist under
chapter 491, Florida Statutes, or a psychiatric nurse as defined in section
394.455(23), Florida Statutes. A copy of the licensed mental health
professional's license shall be provided to the Contract Manager prior to the
delivery of services. Diagnostic mental health assessments shall include inquiry
about symptoms and psychological functioning through structured clinical
interview and administration of appropriate standardized assessment instruments
such as symptom checklists and behavioral rating scales, when clinically
indicated, and must reflect consideration of the following:
a. Reason for assessment;
b. Relevant background information (including home environment/family
functioning; history of physical abuse, sexual abuse, neglect, witnessing
violence and other forms of trauma; behavioral functioning; health
[physical and mental health, substance abuse] and educational
functioning);
c. Current life situation and sources of stress;
d. Current functioning and symptoms(including mental status examination)
e. Diagnoses (DSM-IV-TR Axis I-V);
f. Treatment recommendations.
2. Diagnostic Mental Health Clinical Interview/Assessment Report
a. The licensed mental health professional shall provide a final diagnostic
mental health clinical interview/assessment report within 10 calendar
days after completion of the assessment.
b. The diagnostic mental health clinical interview/assessment report shall
address the components listed in this scope of services.
c. The Provider shall provide a minimum of 2 diagnostic mental health
clinical interview/assessment reports.
d. The diagnostic mental health clinical interview/assessment report shall
be provided on the Provider's stationary and contain the name, original
signature and license number of the licensed mental health professional
conducting the assessment and the date of the assessment.
3. Diagnostic Substance Abuse Clinical Interview/Assessment
An individual who is a licensed substance abuse service provider under Chapter
397 or a licensed qualified professional under Chapter 458, 459, 490 or 491,
F.S., shall provide diagnostic substance abuse clinical interview/assessments. A
copy of the licensed service provider's license or licensed qualified professional's
license shall be provided to the contract manager prior to the delivery of services.
Diagnostic substance abuse clinical interview/assessments shall include inquiry
about symptoms and substance abuse through structured clinical interview and
administration of appropriate standardized substance abuse assessment
instruments such as: Personal Experiences Inventory (PEI), Comprehensive
Addiction Severity Index for Adolescents (CASI-A), Chemical Dependency
Assessment Profile (CDAP), or Substance Dependence Severity Scale (SDSS)
and must reflect consideration of the following:
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Contract X1690
a. Reason for assessment;
b. History of substance use (including age of onset, choice of drugs,
patterns of use, consequences of use, and types, duration of, and
responses to, prior treatment episodes);
c. Family history (including family functioning and history of substance
abuse by family members);
d. Mental health/psychiatric history/conditions;
e. Educational history;
f. Abuse/trauma history (including physical abuse, sexual abuse, neglect,
witnessing violence and other forms of trauma);
g. Current life situation and sources of stress;
h. Current functioning and symptoms(including mental status examination);
Diagnoses (DSM-IV-TR Axis I-V);
j. Recommendations.
W. Diagnostic Substance Abuse Clinical Interview/Assessment Report
1. The licensed service provider under Chapter 397 or licensed qualified
professional shall provide a final diagnostic substance abuse clinical
interview/assessment report within 10 calendar days after completion of the
assessment.
2. The diagnostic substance abuse clinical interview/assessment report shall
address the components listed in this scope of services.
3. The Provider shall provide a minimum of 2 diagnostic substance abuse clinical
interview/assessment reports.
4. The diagnostic substance abuse clinical interview/assessment report shall be
provided on the Provider's stationary and contain the name, original signature
and license number of the licensed service provider or licensed qualified
professional conducting the clinical interview/assessment, and the date of the
clinical interview/assessment.
X. Juvenile Justice Information System (JJIS)
The Provider shall enter information set forth in Section V.A.3.b., on youth into the
Juvenile Justice Information System, update the information and ensure the integrity of
the data entered. The Provider shall contact the Department's Data Integrity Officer to
gain access and permissions to JJIS. Any non-hardware access problems shall be
communicated to the Chief of Data Integrity Officers and the Chief of Management
Information Systems at the Department in writing within seven (7) business days. The
Department will verify the Provider's invoice and pay that invoice based on youth
information as contained in JJIS.
Y. Community Linkages
An integral part of program service delivery shall be the establishment of appropriate
linkages with local service resources with the ability to provide services at a reduced or
zero cost to the family. The Provider program may utilize the services of appropriately
trained, licensed and qualified staff identified through community linkages; however, the
Provider shall employ qualified staff to deliver program services to all youth admitted to
the Provider's program.
IV. Task Service Limits
A. Absconded Youth
If the provider has reasonable cause to believe that the youth has absconded from
supervision, then the Provider shall complete a diligent search which includes contacting
the youth's parent(s) or legal guardian, other family members and known friends. If not
located in the search, an affidavit to request a pick-up order shall be requested by the
Provider. Once the Provider receives the warrant, or after ten (10) days from the
abscond, whichever comes first, the Provider may not invoice the Department for the
absconder and shall remove the youth from the JJIS program census. The Provider
remains responsible for case management duties related to the youth upon
apprehension.
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Contract X1690
B. Youth in Jail
If a youth is incarcerated, the Provider shall initiate contact with that youth within two (2)
calendar days of learning of the youth's incarceration. If the youth is not released from
jail within ten (10)days,the Provider shall not invoice the Department for the incarcerated
youth and shall remove the youth from the JJIS program census. The Provider shall
request the agency with custody of the youth to notify the Provider of pending release of
the youth. The Provider remains responsible for case management duties related to the
youth upon release and shall maintain a system for identifying the proposed release date
for the youth and resuming services upon release.
V. Service Tasks
A. Staffing/Personnel
The Provider and all personnel provided under this Contract, whether performance is as a
Provider, subcontractor, or any employee, agent or representative of the Provider or
subcontractor, shall continually maintain all licenses, protocols, and certifications that are
necessary and appropriate or required by the Department or another local, state or federal
agency, for the services to be performed or for the position held. All such personnel shall
renew licenses or certifications pursuant to applicable law or rule. The Provider shall
provide copies of all current licenses or certificates required for the delivery of services
under this Contract,to the Department's Contract Manager, prior to the delivery of services.
1. Staffing Levels
a. Case Managers
1) The Provider shall designate at least one (1) case manager for
every twenty(20)slots included in this Contract.
2) The Provider shall also designate one case manager for youth
who are reported by residential commitment programs as being
in the last sixty (60) calendar days of residential commitment or
ninety(90)calendar days for sex offenders.
3) For purposes of these ratios, the same case manager position
shall not be included in both ratios.
2. Staff Qualifications
a. Case Managers
Case Managers shall possess, at a minimum, a Bachelor's Degree from
an accredited college or university or four (4) years experience working
with youth. In addition, each case manager shall successfully complete
JJIS training within sixty (60) calendar days of employment. The case
manager shall be responsible for coordinating and facilitating the
treatment team meetings on each youth every thirty (30) calendar days
at a minimum.
b. Program Directors
All new hires for Program Director shall possess, at a minimum, a
Bachelor's Degree from an accredited college or university. Equivalent
experience working with youth may be substituted on a year-for-year
basis, subject to the approval of the Department's Regional Director, with
input from the Chief Probation Officer and notification to the Assistant
Secretary for Probation and Community Intervention. The Program
Director shall have a minimum of one (1) year supervisory and
management experience.
c. Mental Health Services
1) All mental health services shall be provided by a licensed mental
health professional OR a non-licensed mental health clinical staff
person who is working under the direct supervision of a licensed
mental health professional.
2) A licensed mental health professional means a psychiatrist
licensed pursuant to chapter 458 or 459, Florida Statutes, OR a
psychologist licensed pursuant to chapter 490, Florida Statutes,
or a mental health counselor, clinical social worker, or marriage
and family therapist licensed pursuant to chapter 491, Florida
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Contract X1690
Statutes OR a psychiatric nurse as defined in Section
394.455(23), Florida Statutes.
3) A non-licensed mental health clinical staff person shall have, at a
minimum, a Bachelor's Degree from an accredited university or
college with a major in psychology, social work, counseling or
related human services field, defined as one in which major
course work includes the study of human behavior and
development, counseling and interviewing techniques, and
individual, group or family therapy. A non-licensed mental health
clinical staff person providing mental health services to DJJ
youths must meet one of the following qualifications:
a) Hold a Master's Degree from an accredited university or
college in the field of counseling, social work,
psychology,or related human services field; OR
b) Hold a Bachelor's Degree from an accredited university
or college in the field of counseling, social work,
psychology or related human services field AND have
two years experience working with (e.g., assessing,
counseling, treating) youth with serious emotional
disturbance or substance abuse problems; OR
c) Direct supervision means that the licensed mental health
professional has at least one hour per week of on-site
face-to-face interaction with the non-licensed mental
health clinical staff person for the purpose of overseeing
and directing the mental health services that are being
provided (as permitted by law within his or her state
licensure). Clinical supervisors must assure that clinical
staff working under their supervision are performing
services that they are qualified to provide based on
education, training and experience. Supervision logs
shall be provided on the Provider's stationary and
contain the name, original signature, and license number
of the licensed service provider.
d. Substance Abuse Services
1) Substance abuse services shall be provided by a person who is
a licensed service provider under chapter 397, Florida Statutes,
OR a licensed qualified professional which means a licensed
physician under chapter 458 or 459; a licensed psychologist
under chapter 490; or a licensed mental health counselor, clinical
social worker or marriage and family therapist under chapter
491, Florida Statutes. A non-licensed substance abuse clinical
staff person must be an employee of a service provider licensed
under chapter 397 AND must work under the direct supervision
of a "qualified professional" (as defined in section 397.311(25),
Florida Statutes) who is an employee of a service provider
licensed under chapter 397.
2) A certified addiction professional must be a substance abuse
service provider licensed under chapter 397 OR an employee of
a service provider licensed under chapter 397 AND shall have
received certification from the certification Board for Addiction
Professionals of Florida.
3) A non-licensed substance abuse clinical staff person shall have,
at a minimum, a Bachelor's Degree from an accredited university
or college with a major in psychology, social work, counseling or
related human services field. A related human services field is
defined as one in which major course work includes the study of
human behavior and development, counseling and interviewing
techniques, and individual, group or family therapy.
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Contract X1690
4) Direct supervision means that the "qualified professional" has at
least one hour per week of face-to-face interaction with the non-
licensed substance abuse clinical staff person who is an
employee of the service provider licensed under chapter 397 for
the purpose of overseeing and directing the substance abuse
services that are being provided.
5) The Provider shall ensure a current copy of each employee's
license or certification is maintained in his/her personnel file and
furnished to the Department's Chief Probation Officer in Circuit
11, or designee, at the start of the Agreement and prior to the
delivery of services to Department youth.
e. Juvenile Sexual Offender Therapist
The Provider shall ensure the juvenile sexual offender therapist(s) meets
the requirements to provide juvenile sexual offender therapy as specified
in 490.0145 F.S., and Rule 64B19-18.0025 F.A.C., or section 491.0144,
F.S., and Rule 64B4-7.007 F.A.C.
f. Informed Consent/Records Release
The Provider shall obtain informed consent for treatment and release of
treatment records in accordance with Florida law and the Chapter 3 of
the DJJ Mental Health and Substance Abuse Manual (revised August
2006 with March 2007 and April 2007 updates).
3. Provider Staff Training
a. Direct Care Staff Training
1) All Provider direct care staff shall receive training consistent with
the Department's Direct Care Staff Training Rule 63H-2.001-.008
F.A.C. prior to having supervisory responsibility for Department
youth, and complete in-service training requirements. Training
shall be specific to the functions and responsibilities of each staff
member. Training must be provided by qualified personnel for
the specific topic.
2) At a minimum, staff shall be trained in the Department's policy
FDJJ 8000 (dated 12/24/2006) on child abuse and incident
reporting, Protective Action Response (PAR) Rule 63H-1.001-
.016, Florida Administrative Code, CPR/First Aid, Positive
Achievement Change Tool (PACT), YES Plan, Juvenile Justice
Information System (JJIS) and safeguarding client confidentiality
and all statutory and Departmental requirements as set by the
Department's Direct Care Staff Training policy and all
subsequent changes.
3) At least one (1) individual on staff shall be trained in the Staff
Verification System (SVS) component of JJIS, CORE, and the
Department's Staff Training System and shall administer these
requirements.
b. JJIS Contact and Training
The Provider shall be responsible for the accuracy of the information
entered into the Juvenile Justice Information System. The Provider shall
designate a lead staff person responsible for ensuring JJIS data entry,
including admission and release dates. This staff person shall also be
the main contact for the Department's Data Integrity Officer and the
Office of Program Accountability. The Department will provide limited
assistance to the Provider with JJIS training.
c. Staff Training Plan
1) The Provider shall detail the Provider's staff training plan with
scheduled completion dates and training topics, the number of
individuals (staff and case managers) currently trained, outline a
plan for training staff and case managers who have not
previously been trained, and plans for on-going training. The
plan must identify staff providing training or acting as lead
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Contract X1690
contacts (where required) and provide qualifications of such
staff.
2) In addition, the staff training plan shall include training and
support in Motivational Interviewing techniques, activities to
ensure the quality of PACTs and YES Plans, and the
establishment of a PACT Liaison/Quality Assurance Specialist
for every 30 provider employees delivering the PACT or YES.
3) Documentation of the completion of minimum training topics,
with the number of hours earned shall be maintained in each
employee's personnel file and updated on a yearly basis.
Copies shall be provided upon request of the Contract Manager
or Monitor.
4) The Provider shall be responsible for all costs incurred for
training of Provider staff, including, travel costs and any time
worked.
d. Staffing Changes
Changes to the minimum number of staff and qualifications required in
this Contract are not authorized unless approved in writing by the
Department's Contract Manager and Chief Probation Officer/designee.
e. Service Times and Location
1) Service Locations
Services shall be provided in a Provider owned or leased facility
and other service locations (as deemed necessary to facilitate
delivery of services to youth) in Circuit 11 and shall be easily
accessible to youth and program staff and the treatment team. At
the Provider's location, youth files will be securely maintained
and program operations will occur during traditional and non-
traditional hours.
2) Service Times
The Provider shall provide non-residential, non-secure custody,
care, treatment, and supervision services to youth, as well as on-
call services 24 hours a day, seven days a week, 365/366 days a
year, including Sundays and holidays. Individual in-home,
community-based services shall be provided consistent with the
youth's dynamic criminogenic needs as indicated on the PACT
assessment. Services shall be provided outside of the traditional
workweek to facilitate family involvement and shall include
occasional weekend and holiday activities.
3) Changes to Service Locations/Times
The Provider shall submit a request for written approval prior to
any changes to the location of services or times for service
delivery to the Chief Probation Officer or his/her designee, and
Department's Contract Manager. Approval must be obtained in
writing from the Department, prior to any such changes.
VI. Deliverables
A. Detail of Service Units
1. Filled Slots
The Department will pay the Provider a per diem rate for each filled slot during
the term of the Contract. A"Filled Slot" is defined as a slot that is occupied by a
youth.
2. "There are some cases where the youth is absent from the program but the
Department still considers the slot to be filled. These occasions include when a
youth is awaiting arranged transportation or transfer to an approved alternative
placement; when participating in an approved program activity; and during
"official absences" (i.e., detention, hospitalization, home or work visits, or court
appearances and travel).
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Contract X1690
3. The Provider shall submit a monthly invoice with sufficient documentation to fully
justify payment for the number of days for available slots. The Provider shall
report, in accordance with Department policy, all youth admissions, releases and
inactive status. Failure by the Provider to promptly report this information may
result in a reduction in the monthly invoice.
4. If the Department determines admissions to the program must be suspended due
to safety, security, staffing or other programming concerns, the Department will
notify the Provider in writing, of the suspension of admissions.
5. The Provider shall not receive payment for services rendered prior to the
execution date or after the termination date of this Contract.
6. Invoices for amounts due under this Contract shall be submitted in detail
sufficient for a proper pre-audit and post-audit thereof.
7. Payment shall be for filled slots.
B. Reports
The Department will require progress or performance reports throughout the term of the
Contract. The Provider shall complete reports as required to become eligible for
payment. (The type, frequency, content, format of reports required and the party to
receive the report; deadline for report submission; number of copies to be delivered;
delivery method; and the Department representative to receive.)
Following are the Contract Managers for the respective parties. All matters shall be
directed to the Contract Managers for action or disposition. Any and all notices shall be
delivered to the parties at the following addresses:
Opa-Locka Police Youth Department of Juvenile Justice
Academy
Raphael E. Perkins, Director Luis Garcia-Lavergne
2105 Ali Baba Avenue 201 West Broward Blvd, STE 208
Opa-Locka , Florida 33054 Fort Lauderdale, Florida 33301
Telephone: (305)685-4122 Telephone: (954)467-4381
rperkins c(�opalockafl.orq Luis.Garcia-Lavergne(a�dji.state.fl.us
After execution of this Contract, any changes in the information contained in this section will
be provided to the other party in writing and shall be sent by United States Postal Service
or other delivery service with proof of delivery. A copy of the written notification shall be
maintained in the official Contract record. All notices required by this Contract or other
communication regarding this Contract shall be sent by United States Postal Service or
other delivery service with proof of delivery.
1. Invoice
A properly prepared invoice shall be submitted directly to the Contract Manager
within ten (10) business days following the end of the month for which services
were rendered. Payment of the invoice shall be pursuant to section 215.422,
Florida Statutes and any interest due shall be paid pursuant to section 55.03(1),
Florida Statutes. A Vendor Ombudsman, established within the Department of
Financial Services, may be contacted if a Provider is experiencing problems in
obtaining timely payment(s) from a State of Florida agency. The Vendor
Ombudsman may be contacted at 800-848-3792.
2. Youth Census Report
A complete list of youth provided services required under the terms and
conditions of the Contract during the service period detailed on the invoice shall
be furnished. At a minimum, the Census Report shall include the youth name,
juvenile justice identification number, date(s) of service, and the service required
by the Contract that was provided.
3. Proof of Insurance
A Certificate of Insurance shall be provided to the Department's Contract
Manager prior to the delivery of service and prior to expiration. Certificates of
Insurance shall reflect appropriate coverage(s) based on the recommendation of
a licensed insurance agent, and the minimums listed in this Contract.
Page 33 of 39
a
CONTRACT CENSUS REPORT
EXHIBIT 2
PROGRAM NAME: CONTRACT NO.: FOR TI-
CLIENT NAME CLIENT ID DAYS OF THE MONTH
NUMBER
1.
2.
-
3.
6.
7.
-
8.
9.
10.
11.
_
12.
13.
14. -
-
15. -
16.
17.
18.
19.
_
20.
21. _ .
_ _ _
22.
TOTAL CLIE
DA)
PLACE AN "X"FOR EACH DAY THE YOUTH IS IN THE PROGRAM AND/OR F
NO.OF DAYS=OTHER (0)
NO.OF DAYS= HOUSING (H)
SIGNATURE OF PROVIDER AGENCY OFFICIAL
Page 38 of 39
EXHIBIT 3
FLORIDA MBE UTILIZATION REPORT
CONTRACT#: CONTRACT MANAGER:
REGION: CIRCUIT: LOCATION (COUNTY):
PROGRAM NAME:
PROVIDER NAME: INVOICE MONTH:
ADDRESS: INVOICE AMOUNT:
TELEPHONE: CONTRACT AMOUNT: (ANNUAL)BUSINESS CLASSIFI(
**(ENTER CODES H through R FROM SCHEDULE BELOW,AND FILL IN LINES 1 through 5 IN THE SUBCONTRAC'
Business Classification Certified MBE** Non Certified MBE** Non Profit Organization
A—Non Minority H—African American N—African American S—51% or more Minority
B—Small Bus (State)* I —Hispanic 0-Hispanic T—51% or more Minority
C—Small Bus(Federal) J—Asian/Hawaiian P—Asian/Hawaiian Workforce
E—Government Agency(local) K—Native American Q—Native American
G—P.R.I.D.E. M—Non Minority Women R—Non Minority Women
(Formerly American Women) (Formerly American Women)
(*Defined as 200 employees or less, $5 million or less net worth and domiciled in Florida)
CMBE/ AMT. P
ENTER MBE SPURS, SSAN, OR FEID MBE CODE SUBCONTRACTED SUBCC
SUBCONTRACTOR NAME VENDOR# (H-R) PLAN AMT. IN THI
MONTI-
1
2
3
4
5
PROVIDER CERTIFICATION: I certify that the above information is true and correct to the best of my knowledge
PROVIDER SIGNATURE: TITLE
PRINT NAME: DATE:
Page 39 of 39
Oat
Sponsored by: City Manager
A
RESOLUTION NO. 0 9-7 9 0 7
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AND EXECUTE
AMENDMENT NO.8 TO CONTRACT NO. X1167 BETWEEN
THE CITY OF OPA-LOCKA AND THE DEPARTMENT OF
JUVENILE JUSTICE (DJJ) FOR CONDITIONAL RELEASE
PROGRAM SERVICES FOR THE OPA-LOCKA POLICE
YOUTH ACADEMY, IN THE AMOUNT OF THREE
MILLION TWO HUNDRED FIFTY THREE THOUSAND
TWO HUNDRED SIXTY NINE DOLLARS AND NINETY
FOUR CENTS($3,253,269.94)FOR THE PERIOD JULY 1,2009
TO JUNE 30,2011
WHEREAS, on April 22, 2009, the City Commission of the City of Opa-locka ("City
Commission")adopted Resolution 09-7460,ratifying the City Manager's execution of Amendment
No. 7 to Contract No.X1167, between the State of Florida Department of Juvenile Justice("DJJ")
and the City of Opa-locka ("City") in the amount of Three Million Two Hundred Ninety Six
Thousand Three Hundred Ninety Dollars and Seventy Four Cents ($3,296,390.74); and
WHEREAS,the City and DJJ have entered into Contract No. X1167,providing for funding
to the Opa-locka Police Youth Academy for the operation of an intensive community-based
conditional release program geared towards reducing recidivism by servicing young males and
females transitioning back into the community from juvenile facilities; and
WHEREAS, the State of Florida has reduced operational funding to DJJ and the DJJ no
longer has the ability to fund the program as previously agreed to between the City and DJJ; and
WHEREAS,the City and DJJ desire to enter into Amendment No. 8 to Contract No,X1167
by reducing the number of available slots and the total amount of available funding for said program;
and
Resolution No. 0 9—7 9 0 7
WHEREAS, the City Commission has determined that it is in the best interests of the
residents of the City to approve the authorization and execution of the Amendment No.8 to Contract
No. X1167.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to enter into and execute Amendment No. 8 to Contract No. X1167, by reducing the
number of available slots for the conditional release program services and by reducing the total
amount of funding for the program to Three Million Two Hundred Fifty Three Thousand Two
Hundred Sixty Nine Dollars and Ninety Four Cents($3,253,269.94),attached hereto as Exhibit"A",
together with such non-material changes as may be acceptable to the City Manager and approved as
to form and legality by the City Attorney.
PASSED AND ADOPTED this 9 day of SEPTEMBER , 2009.
JOSEPH L. KEL Y
MAYOR
Attest: Approved as to form and legal sufficiency:
J
Debdr. s '. Irby rurnad-. e Norris 1 eeks
City C:erk arty r orney
Resolution No. 0 9—7 9 0 7
Moved by: HOLMES
Seconded by: TAYLOR
Commission Vote: 4—1
Commissioner Holmes: NO
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
Contract#X1167
Amendment#8
DEPARTMENT OF JUVENILE JUSTICE
EIGHTH CONTRACT AMENDMENT
FOR
OPA LOCKA POLICE YOUTH ACADEMY
The purpose of this Amendment is to reduce the amount of available funding for this Contract to meet an
overall legislative reduction in funding in accordance with the FY 09-10 General Appropriations Act
reductions in the Aftercare/Conditional Release budget entity.
THIS AMENDMENT, entered into between the STATE OF FLORIDA, DEPARTMENT OF JUVENILE
JUSTICE, ("Department") and OPA LOCKA POLICE YOUTH ACADEMY ("Provider"), amends the
above-referenced Contract by deleting, as indicated by "&trikethreugh" or reference and adding, as
indicated by"underscore"or reference the section(s)below:
REFERENCE: Page 1,Section II.A.,Contract Amount(as amended by Amendment#7)
DELETE: This item is deleted in its entirety.
ADD: The total amount of this contract shall not exceed$3,253,269.94.
REFERENCE: Page 1,Section II. B.,Method of Payment(as amended by Amendment#7)
DELETE: This item is deleted in its entirety.
ADD: 1. Payment shall be for filled slots only. A filled slot is defined as a slot that is
occupied by a youth. The Department will pay for 38 filled conditional release
slots and 16 intensive conditional release slots for the period of July 1, 2003
through December 31, 2007; 20 filled conditional release slots and 16 intensive
conditional release slots for the period of January 1, 2008 through March 31,
2008; 12 filled conditional release slots and 16 intensive conditional release slots
for the period of April 1, 2008 through June 30, 2008; 27 filled conditional release
slots and 16 intensive conditional release slots for the period of July 01, 2008
through March 31, 2009; 19 filled conditional release filled slots and 16 intensive
conditional release slots for the period of April 01, 2009 through June 30, 2009;
22 conditional release filled slots and 16 intensive conditional release slots for the
period of July 01, 2009 through May 26, 2010; 23 conditional release filled slots
and 16 intensive conditional release slots for the period of May 27 2010 through
June 30, 2010; 22 conditional release filled slots and 16 intensive conditional
release slots for the period of July 01, 2010 through May 26, 2011; and 23
conditional release filled slots and 16 intensive conditional release slots for the
period of May 27,2011 through June 30,2011 as follows:
a. For the period of July 1,2003—December 31.2007:
Filled slots not to exceed 38 conditional release slots and 16 intensive
conditional release slots per day unless there were unfilled slots in
previous months of that fiscal year and provided that the total number of
slot days does not annually exceed the formula below. (FORMULA: 38
conditional release slots X 1,644 days = 62.472 slot days X$20.34 per
filled slot plus 16 intensive conditional release slots X 1,644 days =
26,304 slot days X $30.51)
For the period of January 1,2008—March 31,2008:
Filled slots not to exceed 20 conditional release slots and 16 intensive
conditional release slots per day unless there were unfilled slots in
previous months of that fiscal year and provided that the total number of
slot days does not annually exceed the formula below. (FORMULA: 20
conditional release slots X 90 days = 1,800 slot days X$20.34 Der filled
Page 1 of 3
Contract#X1167
Amendment#8
slot plus 16 intensive conditional release slots x 35 days x $30.51 per
filled slot.)
b. Youth in filled transition slots as described in numbers 3 and 4 below.
c. The Provider may serve and the Department will pay for slots in excess
of that indicated in subsection II.B.1. as long as the total number of slot
days do not exceed the annual maximum amount of slot days during the
fiscal year and that the Provider continues to meet all contract terms and
conditions.
2. Payment for filled transition slots shall be at the rate of$6.78 (1/3 of the filled slot
rate) for each conditional release slot and $10.17 (1/3 of the filled slot rate) for
each intensive conditional release slot for 50% of the total number of contracted
slots.
3. The Department will pay the Provider for filled transition slots sixty(60)days prior
to the youth's release from a residential commitment program or ninety(90)days
prior to the youth's release from a sexual offender residential commitment
program.
4. The Department will pay the Provider at the filled slot rate for those youth who
are awaiting transportation or transfer to an approved alternative placement,
participating in an approved program activity, or other official activity (e.g.
Detention, hospitalization, court appearances, or approved travel). The
Department reserves the right to determine whether a slot is "filled" pursuant to
this section.
5. As consideration for the services rendered by the Provider under this Contract,
the Department will pay the Provider on a monthly basis in arrears. The Provider
shall not receive payment for services rendered prior to the execution date or
after the expiration date of this Contract. Invoices for amounts due under this
Contract shall be submitted in detail sufficient for a proper pre-audit and post-
audit thereof,to the Contract Manager within ten (10) business days following the
end of the month for which services were rendered.
6. The Department will pay the Provider on a fixed price basis, upon receipt of a
properly itemized invoice and pursuant to subsections(C)through (J)below.
This Amendment shall become effective on July 1, 2009, or upon full execution, whichever is later. All
terms and conditions of said original Contract and any attachments and amendments thereto shall remain
in full force and effect for this Amendment. Any provisions of said original Contract and any supplements
and amendments thereto in conflict with this Amendment shall be and are hereby changed to conform to
this Amendment. This Amendment is hereby made a part of the Contract.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed, the day and
year last written below.
PROVIDER: STATE OF FLORIDA
OPA LOCKA POLICE DEPARTMENT OF JUVENILE JUSTICE
SIGNED BY: _dit SIGNED BY:
NA i Finni.e NAME: ROD LOVE
TITLE: Interim City Manager TITLE: DEPUTY SECRETARY
DATE: 09 11O 109 DATE:
VENDOR NUMBER: F59-6000394
THIS AMENDMENT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES.
Page 3 of 3
Department of Juvenile Justice
Contract#X1167
Eight Contract Amendment
For
Opa-locka Police Youth Academy
City of Opa-locka:
Attest:
Deborah S. Irby
City Clerk
Approved as to form and legal sufficiency:
City Attorney
Purnadette Norris-Weeks, P.A.
C
Sponsored by: City Manager %OA RESOLUTION NO. 09-7 4 6 0
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO AND EXECUTE
AMENDMENT NO.7 TO CONTRACT NO. X1167 BETWEEN
THE CITY OF OPA-LOCKA AND THE DEPARTMENT OF
JUVENILE JUSTICE(DJJ)FOR CONDITIONAL RELEASE
PROGRAM SERVICES FOR THE OPA-LOCKA POLICE
YOUTH ACADEMY, IN THE AMOUNT OF THREE
MILLION TWO HUNDRED NINETY SIX THOUSAND
THREE HUNDRED NINETY DOLLARS AND SEVENTY
FOUR CENTS ($3,296,390.74)
WHEREAS, on July 9, 2008, the City Commission of the City of Opa-locka ("City
Commission")adopted Resolution 08-7309,ratifying the City Manager's execution of Amendment
No.6 to Contract No.X1167,between the State of Florida Department of Juvenile Justice("DJJ")
and the City of Opa-locka("City")in the amount of Three Million Three Hundred Forty Thousand
Eight Hundred and Ninety Four Dollars and Sixty Six Cents ($3,340,894.66); and
WHEREAS, the City and DJJ first entered into Contract No. X1167 which provides for
funding to the Opa-locka Police Youth Academy for the operation of an intensive community-based
conditional release program geared towards reducing recidivism by servicing young males and
females transitioning back into the community from juvenile facilities; and
WHEREAS, the State of Florida has reduced operational funding to DJJ and the DJJ no
longer has the ability to fund the program as previously agreed to between the City and DJJ; and
WHEREAS,the City and DJJ desire to further amend Contract No.X1167 by reducing the
number of available slots for the program and by reducing the total amount of funding for the
program by entering into Amendment No. 7 to Contract No. Xl 167; and
Resolution No. 0 9—7 4 6 0
WHEREAS, the City Commission has determined that it is in the best interests of the
residents of the City to approve the authorization and execution of the Amendment No.7 to Contract
No. X1167.
NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMIVIISSION OF
THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble are hereby incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby authorizes the City
Manager to enter into and execute Amendment No. 7 to Contract No. X1167, by reducing the
number of available slots for the conditional release program services and by reducing the total
amount of funding for the program to Three Million Two Hundred Ninety Six Thousand.Three
Hundred Ninety Dollars and Seventy Four Cents($3,296,390.74), attached hereto as Exhibit"A",
together with such non-material changes as may be acceptable to the City Manager and approved as
to form and legality by the City Attorney.
PASSED AND ADOPTED this 22 day of APRIL ,2009.
JOSEPH L.KEL '
MAYOR
Attest: Approved as to form and legal sufficiency:
Deborah by _ Btadette Norns-Weeks
City Clerk City Attorney
Resolution No. 0 9—7 4 6 0
Moved by: JOHNSON
Seconded by: TAYLOR
Commission Vote: 4—0
Commissioner Holmes: NOT PRESENT
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
Sponsored by City Manager Nw r,
Resolution No. 08 - 7309
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, RATIFYING THE CITY MANAGER'S
EXECUTION OF CONTRACT X1167, AMENDMENT #6,
RENEWAL INCREASING CONDITIONAL RELEASE FUNDING
FOR JULY 01, 2008 THROUGH JUNE 30, 2011 FOR THE STATE
OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE, IN THE
AMOUNT OF THREE MILLION THREE HUNDRED FORTY
THOUSAND EIGHT HUNDRED NINETY FOUR DOLLARS AND
SIXTY-SIX CENTS ($3,340, 894.66).
WHEREAS, the City of Opa-locka, Florida entered into a contract with the
Department of Juvenile Justice in 1997; and
WHEREAS, the Contact X1167, Amendment #6, provides for a renewal
option subject to the same terms and conditions of the original contract,
increasing Conditional Release funding; and
WHEREAS, the renewal is to begin on July 1, 2008 and end on June 30,
2011; and
WHEREAS, the renewal of the contract is in the amount of Three Million
Three Hundred Forty Thousand, Eight Hundred Ninety Four Dollars and Sixty Six
Cents ($3,340,894.66).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by
reference.
t. Resolution No. 08 - 7" )
Section 2. The City Commission authorizes the City Manager to execute
a contract renewal with the Department of Juvenile Justice, Contract X1167,
Amendment #6, in the amount of $3,340,894.66 for a period of July 1, 2008
through June 30, 2011.
Section 3. This resolution shall become effective upon its passage and
adoption by the City Commission.
PASSED AND ADOPTED this 9 day of July 2008.
MAYOR
Attest t.• Approved as to form and legal sufficiency:
r l i, _
l
(/),4/ dli-fiL. /1.- ie /71-e4_
am' C`- - Jose eh . Geller `
Or
ACTING CITY ATTORNEY
9//tot. grZ F
DATA
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER MTLLER
Commission Vote: 5-0
Commissioner Tydus: YES
Commissioner Holmes: YES
Commissioner Miller: YES
Vice-Mayor Johnson: YES
Mayor Kelley: YES
G:\DOCS\GOV\19072\0003\RES\32A6528.DOC
Jiy
t
Sponsored by: City Manager
qa.
Resolution No. 08- 7308
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA RATIFYING THE CITY MANAGER'S
EXECUTION OF CONTRACT X1167, AMENDMENT #5,
• RENEWAL, PROVIDING CONDITIONAL RELEASE SERVICES
FOR JULY 01, 2008 THROUGH JUNE 30, 2011, FOR THE
STATE OF FLORIDA, DEPARTMENT OF JUVENILE JUSTICE,
IN THE AMOUNT OF THREE MILLION SIX THOUSAND EIGHT
HUNDRED TEN DOLLARS AND SIXTEEN CENTS
($3,006,810.16)
WHEREAS, the City of Opa-locka, Florida entered into a contract with
the Department of Juvenile Justice in 1997; and
WHEREAS, the Contact X1167, Amendment #5, provides for a renewal
option subject to the same terms and conditions of the original contract providing
conditional release services; and
WHEREAS, the renewal is to begin on July 1, 2008 and end on June 30,
2011; and
WHEREAS, the renewal of the contract is in the amount of Three Million,
Six Thousand, Eight Hundred Ten Dollars and Sixteen Cents ($3,006,810.16).
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by
reference.
Resolution No. 08 - �8
Section 2. The City Commission authorizes the City Manager to execute
a contract renewal with the Department of Juvenile Justice , Contract X1167
,Amendment #5 in the amount of Three Million, Six Thousand, Eight Hundred
Ten Dollars and Sixteen Cents ($3,006,810.16), for a period of July 1, 2008
through June 30, 2011.
Section 3. This resolution shall become effective upon its passage and.
adoption by the City Commission.
PASSED AND ADOPTED this 9 day of July 2008.
L
MAYOR
Attest to: Approved as to form and legal sufficiency:
CITY `'LERK Jisep? '/Geller
ACTING CITY ATTORNEY
DATE
Moved by: VICE MAYOR JOHNSON
Seconded by: COMMISSIONER MILLER
Commission Vote: 5-0
Commissioner Tydus: vFs
Commissioner Holmes: YES
Commissioner Miller: • YES
Vice-Mayor Johnson: YES
Mayor Kelley: YES
G:\DO CS\GOV\19072\0003\LTR132A5545.DOC