SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 10-Q
[X] QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
For the quarterly period ended June 30, 1997
OR
[ ] TRANSITION REPORT UNDER SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
For the transition period from ____________ to ____________
Commission File No.: 0-23038
CORRECTIONAL SERVICES CORPORATION
(Exact name of registrant as specified in its charter)
Delaware 11-2872782
_______________________________ __________________________________
(State or other jurisdiction of (I.R.S. Employer Identification No.)
incorporation or organization)
1819 Main Street, Suite 1000, Sarasota, Florida 34236
(Address of principal executive offices)
Issuer's telephone number: (941) 953-9199
Check whether the issuer (1) filed all reports required to be filed by
Section 13 or 15(d) of the Exchange Act during the past 12 months (or for
such shorter period that the registrant was required to file such reports),
and (2) has been subject to such filing requirements for the past 90 days.
Yes [x] No []
The number of shares outstanding of the issuer's Common Stock, par
value $.Ol per share, as of July 24, 1997, was 7,673,504.
<PAGE>
CORRECTIONAL SERVICES CORPORATION
INDEX
Page No.
Part I. Financial Information
Item 1. Financial Statements
Condensed Consolidated Balance
Sheets - December 31, 1996
and June 30, 1997.........................................3
Condensed Consolidated Statements
of Income - for the Six Months
Ended June 30, 1997 and June 30, 1996
and the Three Months Ended June 30, 1997..................4
Condensed Consolidated Statement
of Cash Flows - for the Six Months
Ended June 30, 1997 and June 30, 1996
and the Three Months Ended June 30, 1997..................5
Notes to Financial Statements.............................6
Item 2. Management's Discussion and Analysis
or Plan of Operation...............................7
Part II. Other Information..............................10
Signature................................................13
<PAGE>
<TABLE>
CORRECTIONAL SERVICES CORPORATION
AND SUBSIDIARIES
CONDENSED CONSOLIDATED BALANCE SHEETS (Unaudited)
<CAPTION>
ASSETS June 30, December 31,
1997 1996
___________ _____________
<S> <C> <C>
CURRENT ASSETS
Cash and cash equivalents $13,129,397 $20,932,309
Accounts receivable 8,617,652 4,023,620
Receivable from sale of equipment
and leasehold improvements 1,380,000 1,476,000
Prepaid expenses and other current assets 1,901,071 2,001,973
___________ ___________
Total current assets 25,028,120 28,433,902
EQUIPMENT & LEASEHOLD IMPROVEMENTS AT COST, NET 16,618,962 12,040,149
LONG-TERM RECEIVABLE FROM SALE OF
EQUIPMENT AND LEASEHOLD IMPROVEMENTS 1,684,082 2,031,882
OTHER ASSETS
Deferred development & start-up costs, net 7,274,970 5,817,959
Deferred income taxes 1,395,000 1,495,000
Other 501,439 485,157
___________ ___________ __________
$52,502,573 $50,304,049
___________ ___________
___________ ___________
LIABILITIES & STOCKHOLDERS' EQUITY
CURRENT LIABILITIES
Accounts payable & accrued liabilities $5,610,604 $4,873,542
Current portion of mortgage payable 1,800 -
___________ ___________
Total current liabilities 5,612,404 4,873,542
LONG-TERM MORTGAGE PAYABLE 322,366 -
LONG-TERM PORTION OF ACCRUED CLOSURE COSTS 1,560,000 1,606,000
SUBORDINATED PROMISSORY NOTES 3,920,934 3,899,841
STOCKHOLDERS' EQUITY
Preferred Stock, $.01 par value, 1,000,000
shares authorized, none issued & outstanding - -
Common Stock, $.01 par value, 30,000,000
shares authorized, 7,673,504 and 7,660,779
shares issued and outstanding 76,735 76,608
Additional paid-in capital 42,135,979 42,022,593
Accumulated deficit (1,125,845) (2,174,535)
___________ ___________
Total stockholders' equity 41,086,869 39,924,666
___________ ___________
$52,502,573 $50,304,049
___________ ___________
___________ ___________
The accompanying notes are an integral part of these statements
</TABLE>
<PAGE>
<TABLE>
CORRECTIONAL SERVICES CORPORATION
AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS (Unaudited)
<CAPTION>
Six Months Ended
June 30,
________________________
1997 1996
__________ __________
<S> <C> <C>
Revenues 26,267,952 15,044,218
Expenses:
Operating 19,124,850 10,241,743
General and administrative 5,594,681 4,401,982
__________ __________
24,719,531 14,643,725
__________ __________
Operating income 1,548,421 400,493
Interest income (expense), net 171,269 (424,018)
__________ __________
Income (loss) before income taxes 1,719,690 (23,525)
Income tax provision (benefit) 671,000 (10,000)
__________ __________
Net earnings (loss) 1,048,690 (13,525)
__________ __________
__________ __________
Net earnings (loss) per share $0.13 ($0.00)
__________ __________
__________ __________
Weighted average shares outstanding 8,123,506 4,974,752
__________ __________
__________ __________
The accompanying notes are an integral part of these statements.
<PAGE>
CORRECTIONAL SERVICES CORPORATION
AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS (Unaudited)
<CAPTION>
Three Months Ended
June 30,
________________________
1997 1996
<S> <C> <C>
Revenues 14,668,966 7,900,825
Expenses:
Operating 10,640,607 5,344,512
General and administrative 2,872,585 2,363,322
__________ _________
13,513,192 7,707,834
__________ _________
Operating income 1,155,774 192,991
Interest income (expense), net 42,976 (235,238)
__________ _________
Income (loss) before income taxes 1,198,750 (42,247)
Income tax provision (benefit) 476,000 (18,000)
__________ _________
Net earnings (loss) $722,750 ($24,247)
__________ _________
__________ _________
Net earnings (loss) per share $0.09 ($0.00)
__________ _________
__________ _________
Weighted average shares outstanding 8,127,295 5,032,605
__________ _________
__________ _________
The accompanying notes are an integral part of these statements.
</TABLE>
<PAGE>
<TABLE>
CORRECTIONAL SERVICES CORPORATION
AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENT OF CASH FLOWS (Unaudited)
<CAPTION>
Six Months Ended
June 30,
______________________
1997 1996
__________ ___________
<S> <C> <C>
Cash flows from operating activities:
Net earnings (loss) $1,048,690 ($13,525)
Adjustments to reconcile net earnings (loss)
to net cash provided by (used in) operating
activities:
Depreciation and amortization 1,164,280 657,617
Deferred income tax 100,000 -
Changes in operating assets and liabilities:
Accounts receivable (4,594,032) (410,921)
Prepaid expenses and other current assets 100,902 406,581
Accounts payable and accrued liabilities 989,983 (104,056)
Reserve for Ft. Worth and NYCC facilities
carrying costs (298,921) -
Reserve for New Jersey facility carrying
costs - (300,000)
___________ __________
Net cash provided by (used in) operating
activities (1,489,098) 235,696
___________ ___________
Cash flows from investing activities:
Capital expenditures (5,016,555) (4,738,933)
Development and start-up costs (2,009,745) (1,254,675)
Change in construction funds - 516,239
__________ __________
Net cash (used in) investing activities (7,026,300) (5,477,369)
__________ __________
Cash flows from financing activities:
Proceeds from long-term borrowing 325,000 21,966
Payment on long-term borrowings (834) (418,922)
Proceeds on short-term debt - 1,747,978
Reduction in long-term receivable from sale
of equipment and leasehold improvements 443,800 -
Proceeds from exercise of stock options
and warrants 90,223 212,248
Other assets (145,703) (40,588)
__________ __________
Net cash provided by financing activities: 712,486 1,522,682
__________ ___________
NET DECREASE IN CASH AND CASH EQUIVALENTS (7,802,912) (3,718,991)
Cash and cash equivalents at beginning of period 20,932,309 3,756,748
___________ __________
Cash and cash equivalents at end of period $13,129,397 $37,757
___________ __________
___________ __________
Supplemental disclosures of cash flows information:
Cash paid during the period for:
Interest $210,559 $482,044
___________ __________
___________ __________
Income taxes $434,649 $81,910
___________ __________
___________ __________
The accompanying notes are an integral part of these statements.
<PAGE>
CORRECTIONAL SERVICES CORPORATION
AND SUBSIDIARIES
CONDENSED CONSOLIDATED STATEMENT OF CASH FLOWS (Unaudited)
<CAPTION>
Three Months Ended
June 30,
______________________
1997 1996
__________ ___________
<S> <C> <C>
Cash flows from operating activities:
Net earnings (loss) $722,750 ($24,247)
Adjustments to reconcile net earnings (loss)
to net cash provided by (used in) operating
activities:
Depreciation and amortization 642,232 415,830
Deferred income tax 100,000 -
Changes in operating assets and liabilities:
Accounts receivable (2,252,179) (726,910)
Prepaid expenses and other current assets (181,148) (310,930)
Accounts payable and accrued liabilities 891,645 (111,024)
Reserve for Ft. Worth and NYCC facilities
carrying costs (298,921) -
Reserve for New Jersey facility carrying
costs - (150,000)
___________ __________
Net cash provided by (used in) operating
activities (375,621) (907,281)
___________ ___________
Cash flows from investing activities:
Capital expenditures (3,404,750) (975,791)
Development and start-up costs (478,355) (669,786)
Change in construction funds - 516,239
__________ __________
Net cash (used in) investing activities (3,883,105) (1,129,338)
__________ __________
Cash flows from financing activities:
Proceeds from long-term borrowing - 4,545
Payment on long-term borrowings (834) (353,422)
Proceeds on short-term debt - 1,837,724
Reduction in long-term receivable from sale
of equipment and leasehold improvements 443,800 -
Proceeds from exercise of stock options
and warrants 28,602 147,374
Other assets (34,265) (12,925)
__________ __________
Net cash provided by financing activities: 437,303 1,623,296
__________ ___________
NET DECREASE IN CASH AND CASH EQUIVALENTS (3,821,423) (413,323)
Cash and cash equivalents at beginning of period 16,950,820 451,080
___________ __________
Cash and cash equivalents at end of period $13,129,397 $37,757
___________ __________
___________ __________
Supplemental disclosures of cash flows information:
Cash paid during the period for:
Interest $105,100 $263,304
___________ __________
___________ __________
Income taxes $431,992 $58,525
___________ __________
___________ __________
The accompanying notes are an integral part of these statements.
</TABLE>
<PAGE>
CORRECTIONAL SERVICES CORPORATION AND SUBSIDIARIES
NOTES TO CONDENSED CONSOLIDATED FINANCIAL STATEMENTS
JUNE 30, 1997
(Unaudited)
NOTE 1 - In the opinion of management of Correctional Services
Corporation and subsidiaries (the "Company"), the accompanying
unaudited condensed consolidated financial statements as of June
30, 1997, and for the three and six months ended June 30, 1997,
include all adjustments (consisting only of normal recurring
adjustments) necessary for a fair presentation. The statements
should be read in conjunction with the consolidated financial
statements and the related notes included in the Company's Annual
Report on Form 10-KSB for the year ended December 31, 1996 and do
not include all the information and footnote disclosures required
by generally accepted accounting principles for complete
financial statements.
The results of operations for the three and six months ended June
30, 1997 are not necessarily indicative of the results to be
expected for the full year.
NOTE 2 - In February 1997, the Financial Accounting Standards
Board issued Statement of Financial Accounting Standards No. 128,
"Earnings Per Share," which is effective for financial statements
for both interim and annual periods ending after December 15,
1997. Early adoption of the new standard is not permitted. The
new standard eliminates primary and fully diluted earnings per
share and requires presentation of basic and diluted earnings per
share together with disclosure of how the per share amounts were
computed. The pro forma effect of adopting the new standard for
the six months ended June 30, 1996 and 1997 would be basic
earnings per share of $0.13 and $0.00, and diluted earnings per
share of $0.13 and $0.00, respectively and for the three months
ended June 30, 1997 and 1996, basic earnings per share of $0.09
and $0.00 and diluted earnings per share of $0.09 and $0.00,
respectively.
Item 2. Management's Discussion and Analysis or Plan of
Operation
Results of Operations
Six Months ended June 30, 1997 Compared to Six Months ended June
30, 1996.
Revenue increased 74.6% from $15,044,218 for the six months ended
June 30, 1996 to $26,267,952 for the six months ended June 30,
1997. The net increase in revenues for the 1997 period as
compared to the 1996 period resulted principally from the full
six months operations of the Company's Phoenix Arizona facility
and the opening of the juvenile detention facilities and related
educational programs in Polk and Pahokee, Florida. In addition,
revenues were generated in the first six months of 1997 by newly
opened facilities in Bell County and Frio County, Texas and from
per diem increases in several ongoing contracts.
Operating expenses increased 86.7% from $10,241,743 for the six
months ended June 30, 1996 to $19,124,850 for the six months
ended June 30, 1997 primarily due to increases in payroll which
increased $6,302,842, or 95.9%. The opening of the facilities
noted above and the addition of management personnel in the
corporate office accounted for the increase in operating
expenses. As a percentage of revenues, operating expenses
increased from 68.1% for the six months ended June 30, 1996 to
72.8% for the six months ended June 30, 1997. The percentage
increase primarily reflects higher expenses as a percentage of
revenues during the phase-in period for the Polk and Pahokee,
Florida facilities and for the staffing requirements of these two
facilities for both detention and educational components.
General and administrative expenses increased 27.1% from
$4,401,982 for the six months ended June 30, 1996 to $5,594,681
for the six months ended June 30, 1997. The increase in general
and administrative expenses was primarily attributable to a full
six months operations of the Company's Phoenix Arizona facility
and the opening of the detention facilities previously noted in
Polk and Pahokee, Florida and Bell and Frio counties in Texas.
As a percentage of revenues, general and administrative expenses
were 29.3% and 21.3% for the six months ended June 30, 1996 and
1997, respectively.
Operating income for the 1996 and 1997 first half of each year
was $400,493 and $1,548,421 respectively, an increase of 286.6%.
Improved occupancy levels, the full six months operations of the
Company's Phoenix Arizona facility and the contribution from the
newly opened facilities in Polk and Pahokee, Florida primarily
accounts for the increase in operating income.
The Company had interest expense, net of interest income of
$424,018 for the six months ended June 30, 1996, while for the
same 1997 period the Company had interest income, net of interest
expense of $171,269, resulting in an improvement of $595,287.
The improvement resulted primarily from utilizing a portion of
the net proceeds received from the September 1996 public offering
of Common Stock to repay bank indebtedness which reduced interest
expense, and from investing the balance of the net proceeds in
cash equivalents which increased interest income.
Income taxes increased from a credit of $10,000 for the six
months ended June 30, 1996 to a provision of $771,000 for the
same 1997 period as a result of the above noted improvement in
operations.
As a result of the foregoing factors, the Company had a net loss
of $13,525 or $0.00 per share for the six months ended June 30,
1996 compared to net income of $1,048,690 or $0.13 per share for
the six months ended June 30, 1997.
Three Months ended June 30, 1997 Compared to Three Months ended
June 30, 1996.
Revenue increased 85.7% from $7,900,825 for the three months
ended June 30, 1996 to $14,668,966 for the three months ended
June 30, 1997. The net increase in revenues for the 1997 period
as compared to the 1996 period resulted principally from the full
quarter operations of the Company's juvenile detention facilities
and related educational programs in Polk and Pahokee, Florida.
In addition, revenues were generated in the second quarter of
1997 from facilities which opened in late 1996 in Bell County and
Frio County, Texas and from per diem increases in several ongoing
contracts.
Operating expenses increased 99.1% from $5,344,512 for the three
months ended June 30, 1996 to $10,640,607 for the three months
ended June 30, 1997 primarily due to increases in payroll which
increased $3,755,655, or 109.5%. The opening of the facilities
noted above and the addition of management personnel in the
corporate office accounted for the increase in operating
expenses. As a percentage of revenues, operating expenses
increased from 67.6% for the three months ended June 30, 1996 to
72.5% for the three months ended June 30, 1997. The percentage
increase primarily reflects staffing requirements of the Polk and
Pahokee, Florida facilities for both detention and educational
components, and for additional management personnel.
General and administrative expenses increased 21.6% from
$2,363,322 for the three months ended June 30, 1996 to $2,872,585
for the three months ended June 30, 1997. The increase in
general and administrative expenses was primarily attributable to
the full quarter's operations of the detention facilities
previously noted in Polk and Pahokee, Florida and Bell and Frio
counties in Texas. As a percentage of revenues, general and
administrative expenses were 29.9% and 19.6% for the three months
ended June 30, 1996 and 1997, respectively.
Operating income for the 1996 and 1997 second quarters were
$192,991 as compared to $1,155,774, an increase of 499%.
Improved occupancy levels, and the contribution from the
facilities in Polk and Pahokee, Florida which opened in late 1996
and early 1997 primarily account for the increase in operating
income.
The Company had interest expense, net of interest income of
$235,238 for the three months ended June 30, 1996 while for the
same period for 1997 the Company had interest income, net of
interest expense of $42,976, an improvement of $278,214. The
improvement resulted primarily from utilizing a portion of the
net proceeds received from the September 1996 public offering of
Common Stock to repay bank indebtedness which reduced interest
expense, and from investing the balance of the net proceeds in
cash equivalents which increased interest income.
For the three months ended June 30, 1996 and 1997, income taxes
increased from a credit of $18,000 to a provision of $476,000
respectively, due to the above noted improvement in operations.
As a result of the foregoing factors, the Company had a net loss
of $24,247 or $0.00 per share for the three months ended June 30,
1996 compared to net income of $722,750 or $0.09 per share for
the three months ended June 30, 1997.
Liquidity and Capital Resources
The Company has historically financed its operations through
private placements and public sales of its securities, cash
generated from operations and borrowings from banks.
The Company had working capital at June 30, 1997 of $19,415,716,
as compared to working capital of $23,560,360 at December 31,
1996, which are both principally attributable to funds received
from the September 1996 public offering of the Company's Common
Stock. The Company's current ratio was 4.46 to 1 at June 30,
1997 as compared to 5.83 to 1 at December 31, 1996.
Net cash of $1,533,481 was used in operating activities for the
six months ended June 30, 1997 as compared to $235,696 of cash
provided by operations for the six months ended June 30, 1996.
The prime reason for the decrease was attributed to an increase
in accounts receivable relating to billing of new contracts
coming on line since June 30, 1996.
Net cash of $7,026,300 was used in investing activities during
the six months ended June 30, 1997 as compared to $5,477,369
being used in the first half of 1996. In the 1997 period such
cash was used principally for construction of the Company's
Florence, Arizona facility and for fixed asset and start-up costs
associated with the Polk and Pahokee, Florida facilities and the
Frio, Texas facility. In the comparable period for 1996 the
construction and start-up costs of the Phoenix, Arizona facility
was the principal investment activity of the Company.
Net cash of $756,869 was provided by financing activities for the
six months ended June 30, 1997 as compared to financing
activities raising $1,522,682 during the first half of 1996. In
the first half of 1997, the acquisition of the land for the
Florence, Arizona facility was financed by a $325,000 mortgage
and the Company collected $443,800 on its long-term receivable
from the sale of equipment and leasehold improvements. For the
same six month period in 1996, the Company increased its bank
borrowings by $1,747,978.
The Company received from the exercise of stock options and
warrants during the six months ended June 30, 1997 and 1996,
$134,606 and $212,248 respectively.
PART II-OTHER INFORMATION
Item 1. Legal Proceedings
The nature of the Company's business results in numerous claims
or litigation against the Company for damages arising from the
conduct of its employees or others. Under the rules of the
Securities and Exchange Commission, the Company is obligated to
disclose lawsuits which involve a claim for damages in excess of
10% of its current assets notwithstanding the Company's belief as
to the merit of the lawsuit and the existence of adequate
insurance coverage.
In May 1993, a former employee of the Company filed suit in the
United States District Court, Southern District of New York,
claiming he was intentionally assaulted by employees of the
Company and claiming $5,000,000 in damages on each of six causes
of action. In January 1996, a lawsuit was filed with the Supreme
Court of New York, County of Kings, by a former employee alleging
sexual harassment and discrimination, physical assault, rape and
negligent screening of employees and claiming damages of
$4,000,000 plus attorney fees.
In March 1996, former inmates at one of the Company's facilities
filed suit in the Supreme Court of the State of New York, County
of Bronx on behalf of themselves and others similarly situated,
alleging personal injuries and property damage purportedly caused
by negligence and intentional acts of the Company and claiming
$500,000,000 for each compensatory and punitive damages, which
suit was transferred to the United States District Court,
Southern District of New York, in April 1996. In July 1996,
seven detainees at one of the Company's facilities (and certain
of their spouses) filed suit in the Superior Court of New Jersey,
County of Union, seeking $10,000,000 each in damages arising from
alleged mistreatment of the detainees, which suit was transferred
to the United States District Court, District of New Jersey, in
August 1996. In July 1997 former detainees of the Company's
Elizabeth, New Jersey Facility filed suit in the United States
District Court for the District of New Jersey. The suit claims
violations of civil rights, personal injury and property damage
allegedly caused by the negligent and intentional acts of the
Company. No monetary damages have been stated.
The Company believes the claims made in each of the foregoing
actions to be without merit and will vigorously defend such
actions. The Company further believes the outcome of these
actions and all other current legal proceedings to which it is a
party will not have a material adverse effect upon its results of
operations, financial condition or liquidity. However, there is
an inherent risk in any litigation and a decision adverse to the
Company could be rendered.
Item 2. Changes in Securities
None.
Item 3. Defaults Upon Senior Securities
None.
Item 4. Submission of Matters to a Vote of Security Holders
None.
Item 5. Other Information
On June 16, 1997, CSC and the State of Florida Department of
Juvenile Justice executed a contract for the Design, Build and
Operation of a Moderate and High Risk Residential Program in
Okaloosa, Florida. The facility will be built to house up to 65
adjudicated juveniles.
On July 1, 1997, Lee Levinson retired from the position of Chief
Financial Officer. He will be a Consultant to the Company for
the next year.
On July 9, 1997, the Company modified its Employment Agreement
with Executive Vice President Ira M. Cotler. The most significant
change in the Agreement is the extension of the term for three (3)
years. Mr. Cotler's compensation package remains the same. A
copy of the Agreement is included in the Exhibit herein.
SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION
REFORM ACT OF 1995
This document contains forward looking statements involving risks
and uncertainties. Actual results could differ materially from
those projected due to factors which may include population
fluctuations, acquisition risks, market conditions, government
funding and availability of financing. These and other risk
factors are outlined in the reports filed by the Company with the
Securities and Exchange Commission.
Item 6. Exhibits and Reports on Form 8-K
(a) Exhibits
_______
27. Financial Data Schedule
10.47.1 Employment Agreement between the Company and
Ira M. Cotler, dated July 9, 1997.
10.49 Contract between the Company and Okaloosa County,
Florida for the Design, Build & Operation of a Moderate
Risk Residential Program and a High Risk Residential
Program dated June 13, 1997.
10.49.1 Amendment to Contract between the Company and
Okaloosa County, Florida for the Design, Build &
Operation of a Moderate Risk Residential Program and a
High Risk Residential Program dated June 16, 1997.
(b) Reports on Form 8-K
_________________
None.
<PAGE>
SIGNATURES
In accordance with the requirements of the Exchange Act, the
registrant has caused this report to be signed on its behalf by
the undersigned, thereunto duly authorized.
CORRECTIONAL SERVICES CORPORATION
Registrant
By: \s\ Aaron Speisman
________________________________
Aaron Speisman, Secretary
By: \s\ Ira M. Cotler
_______________________________________
Ira M. Cotler, Executive Vice President
Dated: August 1, 1997
<TABLE> <S> <C>
<ARTICLE> 5
<CIK> 0000914670
<NAME> CORRECTIONAL SERVICES CORPORATION
<C>
<PERIOD-TYPE> 6-MOS
<FISCAL-YEAR-END> DEC-31-1997
<PERIOD-END> JUN-30-1997
<CASH> 13,129,397
<SECURITIES> 0
<RECEIVABLES> 8,617,652
<ALLOWANCES> 0
<INVENTORY> 0
<CURRENT-ASSETS> 25,028,120
<PP&E> 17,956,010
<DEPRECIATION> 1,337,048
<TOTAL-ASSETS> 52,502,573
<CURRENT-LIABILITIES> 5,612,404
<BONDS> 0
0
0
<COMMON> 76,735
<OTHER-SE> 41,086,869
<TOTAL-LIABILITY-AND-EQUITY> 52,502,573
<SALES> 26,267,952
<TOTAL-REVENUES> 26,267,952
<CGS> 0
<TOTAL-COSTS> 0
<OTHER-EXPENSES> 24,719,531
<LOSS-PROVISION> 0
<INTEREST-EXPENSE> (171,269)
<INCOME-PRETAX> 1,719,690
<INCOME-TAX> 671,000
<INCOME-CONTINUING> 1,048,690
<DISCONTINUED> 0
<EXTRAORDINARY> 0
<CHANGES> 0
<NET-INCOME> 1,048,690
<EPS-PRIMARY> $0.13
<EPS-DILUTED> 0
</TABLE>
[CIK] 0000914670
[NAME] CORRECTIONAL SERVICES CORPORATION
EMPLOYMENT AGREEMENT
This Employment Agreement is entered into as of the 9th day
of July, 1997, by and between Correctional Services Corporation
("CSC") located at 1819 Main Street, Suite 1000, Sarasota,
Florida 34236 and Ira M. Cotler residing at 4724 Sweet Meadow
Circle, Sarasota, Florida 34238.
1. CSC hereby employs you and you hereby accept employment
and agree to serve as the Executive Vice President of CSC. You
will perform all duties and responsibilities and will have all
authority inherent in the position of Executive Vice President,
subject to the power of the CEO to modify, expand and limit such
duties, responsibilities and authorities.
2. The period of your employment under this Agreement will
be three (3) years. Following the first anniversary of this
Agreement, the period of employment under this Agreement will be
extended by successive additional one-year terms, unless
terminated prior to any anniversary of this Agreement by written
notice by either party to the other no less than ninety (90) days
prior to the end of any anniversary. In that case, the Agreement
will terminate two years from the anniversary of this Agreement
immediately prior to which a notice of termination was given.
3. As full compensation for all services to be rendered by
the Executive to the Company pursuant to the terms of this
Agreement, commencing on the 9th day of July, 1997, the Company
shall pay you a base salary (the "Base Salary") as follows: (a)
one hundred thirty-five thousand ($135,000) dollars per annum
until February 26, 1997, (b) one hundred forty-two thousand
($142,000) dollars per annum from February 26, 1998 until
February 26, 1999, and (c) an amount to be renegotiated by the
parties, but not to be less than one hundred forty-nine thousand
($149,000) dollars per annum during remaining Term. The Base
Salary shall be payable at such regular times and intervals as
the Company customarily pays its employees from time to time.
4. For each year during which you are employed by the
Company, you shall be entitled to receive a bonus equal to three
(3%) percent of the Company's earnings before income tax
provision ("pre-tax profits") in excess of $1,000,000, which
bonus cap shall not exceed $75,000 per annum ("Bonus Cap"). The
bonus shall be renegotiated by the parties each year provided,
however, that the bonus cap is never less than $75,000. Payment
of the bonus, if any, shall be made within thirty (30) days from
receipt of the audited financial statements for each fiscal year
of the Company. Each bonus payment shall be accompanied by the
Company's financial statement for the requisite period and a
schedule calculating such bonus. Pre-tax profits determined by
the Company and audited by the Company's independent auditors
shall be final and binding. For purposes hereof, pre-tax profits
shall not include extraordinary gains and losses and shall be
determined in accordance with generally accepted accounting
principles consistently applied. In the event the Executive
works for less than a full year, his bonus for that year shall be
pro-rated.
5. CSC will provide you with a car allowance of $500 per
month.
6. You will be entitled to three weeks of vacation during
CSC's fiscal year ending December 31, 1997. You will be entitled
to four weeks of vacation during each fiscal year thereafter.
Unused vacation may not be carried over from one fiscal year to
the next.
7. You will have additional benefits for which you,
without action by the CEO of CSC or any committee thereof, may be
or become eligible under any group health, life insurance,
disability, or other form of employee benefit plan or program of
CSC now existing or that may be later adopted by CSC. This
includes the health, dental and life insurance programs CSC
provides currently to its executives.
8. (a) This Agreement may be terminated by CSC for good
cause by written notice to you specifying the event relied upon
for such termination within 30 days of such event. The term
"good cause" will mean after written notice and a reasonable
opportunity to cure: (i) any instance of gross negligence or
willful misconduct by you in the performance of your duties; (ii)
your conviction of a felony; (iii) chronic absenteeism; (iv)
substance abuse; or (v) your breach of the representations and
warranties contained in this Agreement.
(b) Your employment will terminate immediately upon
your death and in that event your base salary will be paid to
your estate or legally appointed representative through the end
of the month in which your death occurs. If you become
physically or mentally disabled so as to become unable for a
period of more than four consecutive months or for shorter
periods aggregating at least five months during any twelve-month
period to perform your duties hereunder on a substantially full-
time basis, your employment will terminate with no further
payments of base salary or incentive compensation as of the end
of such four-month or twelve-month period. Such termination will
not affect your benefits under CSC's disability insurance
program, if any, then in effect.
9. In the event the Company merges into, consolidates with
or otherwise reorganizes or combines (the "Merger") with another
company, wherein immediately following such Merger, the
shareholders of the Company prior to the Merger own either (a)
less than 50% of the outstanding voting stock of the Company (if
the Company is the survivor of the Merger), or (b) less than
fifty (50%) of the outstanding voting stock of the surviving
entity, the Executive shall have the right, at his sole option,
to terminate his employment hereunder within 45 days of the
effective date of the Merger. If Notice of termination is duly
given by the Executive, then the Company is obliged to pay to the
Executive within fifteen (15) days following termination all
amounts due under the remaining Term of the Agreement, including
all base salaries and bonuses. Bonuses shall be assumed to equal
the Bonus Cap for this calculation.
10. (a) During the period of your employment with CSC, you
will not, directly or indirectly, on your own behalf or as a
partner, officer, director, trustee, employee, agent, consultant
or member of any person, firm or corporation, or otherwise, enter
into the employ of, render any service to, or engage in any
business or activity which is the same as or competitive with any
business or activity conducted by CSC or any of its affiliates.
During the year period following the termination of your
employment, you will not directly or indirectly, in any such
manner, enter into the employ of, render any service to, or
engage in a business or activity which is the same as, similar
to, or competitive with any business or activity of CSC or any of
its affiliates. During the period of your employment and until
year after the termination of your employment, you will not,
directly or indirectly, on your own behalf or as a partner,
shareholder, officer, employee, director, trustee, agent,
consultant or member of any person, firm or corporation or
otherwise, employ, seek to employ or otherwise obtain or seek the
services of any employee of CSC or any of its affiliates.
(b) During and following the period of your employment
with CSC, you will not use for your own benefit or for the
benefit of others, or divulge to others, any information, trade
secrets, knowledge or data of secret or confidential nature and
otherwise not available to members of the general public that
concerns the business or affairs of CSC or its affiliates and
which was acquired by you at any time prior to or during the term
of your employment with CSC, except with the specific prior
written consent of CSC.
(c) If any covenant or agreement contained in this
paragraph 10 is found by a court having jurisdiction to be
unreasonable in duration, geographical scope or character of
restriction, the covenant or agreement will not be rendered
unenforceable thereby but rather the duration, geographical scope
or character of restriction of such covenant or agreement will be
reduced or modified with retroactive effect to make such covenant
or agreement reasonable, and such covenant or agreement will be
enforced as so modified.
11. You hereby represent and warrant to CSC that (i) the
execution, delivery and full performance of this Agreement by you
does not and will not conflict with, breach, violate or cause a
default under any agreement, contract or instrument to which you
are a party or any judgment, order or decree to which you are
subject; (ii) you are not a party or bound by any employment
agreement, consulting agreement, agreement not to compete,
confidentiality agreement or similar agreement with any other
person or entity; and (iii) upon the execution and delivery of
this Agreement by CSC, this Agreement will be your valid and
binding obligation, enforceable in accordance with its terms.
12. In the event of any dispute between CSC and you with
respect to this Agreement, either party may, in its sole
discretion by notice to the other, require such dispute to be
submitted to arbitration. The arbitrator will be selected by
agreement of the parties or, if they cannot agree on arbitrator
or arbitrators within 30 days after the giving of such notice,
the arbitrator will be selected by the American Arbitration
Association. The determination reached in such arbitration will
be final and binding on both parties without any right of appeal.
Execution of the determination by such arbitrator may be sought
in any court having jurisdiction. Unless otherwise agreed by the
parties, any such arbitration will take place in Sarasota County,
Florida and will be conducted in accordance with the rules of the
American Arbitration Association.
13. You may not assign, transfer, convey, mortgage,
hypothecate, pledge or in any way encumber the compensation or
other benefits payable to you or any rights which you may have
under this Agreement unless agreed to in writing by the parties.
Neither you nor your beneficiary or beneficiaries will have any
right to receive any compensation or other benefits under this
Agreement, except at the time, in the amounts and in the manner
provided in this Agreement. This Agreement will inure to the
benefit of and will be binding upon any successor to CSC. As
used in this Agreement, the term `successor' means any person,
firm, corporation or other business entity which at any time,
whether by merger, purchase or otherwise, acquires all or
substantially all of the capital stock or assets of CSC. This
Agreement may not be otherwise assigned by CSC.
14. This Agreement constitutes the only agreement between
CSC and you regarding your employment by CSC. This Agreement
supersedes any and all other agreements and understandings,
written or oral, between CSC and you. A waiver by either party
of any provision of this Agreement of any breach of such
provision in any instance will not be deemed or construed to be a
waiver of such provision for the future, or of any subsequent
breach of such provision. This Agreement may be amended,
modified or changed only by further written agreement between CSC
and you, duly executed by both parties.
15. Any and all notices required or permitted to be given
hereunder will be in writing and will be deemed to have been
given when deposited in United States mail, certified or
registered mail, postage prepaid. Any notice to be given by you
hereunder will be addressed to CSC to the attention of its
General Counsel at its main offices, 1819 Main Street, Suite
1000, Sarasota, Florida 34236. Any notice to be given to you
will be addressed to you at your residence address last provided
by you to CSC. Either party may change the address to which
notices are to be addressed by notice in writing to the other
party given in accordance with the terms of this paragraph.
CORRECTIONAL SERVICES IRA M. COTLER
CORPORATION
By: \s\ James F. Slattery* By: \s\ Ira M. Cotler*
Title: President Date: July 10, 1997
Date: July 10, 1997
* This Agreement is subject to changes deemed immaterial to
the general terms herein.
[CIK] 0000914670
[NAME] CORRECTIONAL SERVICES CORPORATION
STATE OF FLORIDA
DEPARTMENT OF JUVENILE JUSTICE
AGREEMENT BETWEEN DEPARTMENT AND PROVIDER
STATE CONTRACT NO.: P7024
PROJECT NAME AND LOCATION: DESIGN, BUILD AND OPERATION OF A
MODERATE RISK RESIDENTIAL PROGRAM AND
A HIGH RISK RESIDENTIAL PROGRAM
OKALOOSA COUNTY, FLORIDA
PROVIDER: CORRECTIONAL SERVICES CORPORATION
1819 MAIN STREET, SUITE #1000
SARASOTA, FLORIDA 34236
PART A - OPERATION
STATE ORGANIZATIONAL CODE: 80-00-93-00-904
STATE CATEGORY CODE: 100778-40
STATE EXPANSION OPTION CODE: QA
PART B - DESIGN/BUILD
STATE PROJECT NO: 95019000
STATE ORGANIZATIONAL CODE: 80-30-00-08-483
STATE CATEGORY CODE: 080120-96
STATE EXPANSION OPTION CODE: Z1
THIS CONTRACT HAS THREE (3) PARTS, PART A, PART B, AND PART C.
PART A COVERS PROGRAM OPERATIONS, PART B COVERS FACILITY
DESIGN/BUILD, AND PART C COVERS STATE OF FLORIDA, DEPARTMENT OF
JUVENILE JUSTICE STANDARD CONTRACT.
Lawton Chiles, Governor
Calvin Ross, Secretary
TABLE OF CONTENTS
ARTICLE DESCRIPTION
SECTION A
PART A
1.0.0 DEFINITIONS
2.0.0 PROGRAM OPERATIONS/STATEMENT OF WORK
2.1.1 Case Management Services
2.1.2 Individual Performance Contracts
2.2.1 Performance Measures
2.2.2 Diagnostic Evaluation Process
2.3.0 Treatment modalities and Counseling Services
2.3.1 Treatment and Counseling Performance Measures
2.3.2 Treatment and Counseling Process
2.3.3 Contingent Management System
2.4.0 Development of Social Skills Enhancement
2.4.1 Social Skills Enhancement Performance Measures
2.5.0 Care and Custody
2.5.1 Care and Custody Performance Measures
2.5.2 Minimum Supervision
2.5.3 Population and Residents
2.5.4 Searches and Evidence of Contraband
2.5.5 Control and Use of Tools and Utensils
2.5.6 Control and Use of Keys
2.5.7 Absence Without Authorized Leave and Escapes
2.5.8 Procedure For Major Disturbances
2.5.9 Incident Reporting
2.5.10 Emergency Plans and Procedures
2.6.0 Transportation
2.6.1 Transportation and Performance Measures
2.7.0 Health Services
2.7.1 Health Services Performance Measures
2.7.2 Routine Health Care
2.7.3 Special Medical Programs
2.7.4 Dental Care
2.8.0 Mental Health Services
2.8.1 Mental Health Performance Measures
2.8.2 Psychological Assessment
2.8.3 Individualized Treatment Plan
2.8.4 Suicide Assessment and Prevention
2.8.5 Psychological Services
2.8.6 Substance Abuse Education and Treatment
2.9.0 Educational Services
2.9.1 Educational Performance Measures
2.9.2 Assessments
2.10.0 Pre-Vocational and Vocational Services
2.10.1 Pre-Vocational and Vocational Performance Measures
2.11.0 Job Training and Planning
2.12.0 Self-Sufficiency Planning
2.12.1 Self-Sufficiency Performance Measures
2.13.0 Recreational and Leisure Actitities
2.13.1 Recreational and Leisure Performance Measures
2.14.0 Aftercare and Follow-Up Services
2.14.1 Aftercare and Follow-Up Care Performance Measures
2.14.2 Aftercare Counselors
2.15.0 Program Evaluation
2.15.1 Program Evaluation and Performance Measures
2.15.2 FacilityAdministrator
2.15.3 Mission Plan
2.15.4 Communication
2.15.5 Program Oversight and Monitoring
2.15.6 Budget and Personnel Management
2.16.0 Other Program Components
2.17.0 Intake and Admission
2.17.1 Intake and Admission Agreement
2.17.2 Intake Process
2.17.3 Admission
2.18.0 Screening
2.19.0 Suicide Screening
2.20.0 Orientation
2.21.0 Case File
2.22.0 Food Service
2.22.1 Food Service Delivery
2.22.2 Food Service Menus
2.22.3 Special Diets/Religious Consideration
2.22.4 Other Information
2.23.0 Visitation Program
2.23.1 Visitation Program Information
2.24.0 Religious Programs
2.24.1 Religious Programs Performance Measures
3.0.0 PROVISION OF SERVICES
3.1.0 Operational Plan
3.1.1 Method of Service Provision
3.2.0 Local Inter-agency Agreements
3.3.0 Outcome Measures
3.4.0 Data Collection
3.5.0 Referral and Admission Procedure
3.6.0 Program Behavior Expectations
3.7.0 Program Behavior Management System Performance Measures
3.7.2 Discipline
3.8.0 Use of Force
3.9.0 Grievance Procedure
3.10.0 Schedule of Youth Activities
3.11.0 Agreement/Contract with Local School District
3.12.0 Assessment/Job Placement
3.13.0 Staff Training/Plan Performance Measures
3.14.0 Facility Staffing Plans-High and Moderate Risk Programs
3.15.0 Public Information and Media Access
3.16.0 Scheduling Coordinating Functions
3.17.0 Facility Maintenance, Inspection, and Drills
3.18.0 Outcome Measures/Program Measures
4.0.0 SPECIAL PROVISIONS
4.1.0 Department Furnished Property
4.2.0 Juvenile Offender Hospitalization
4.3.0 Prescriptive Medical Property
4.4.0 Insurance
4.5.0 Defense Immunity
4.6.0 Notice of Claims
4.7.0 Waiver
4.8.0 Juvenile Offender Fees
4.9.0 Confidentiality
4.10.0 Access to Facility
4.11.0 Accreditation
4.12.0 Prior Approval of Subcontractors
4.13.0 Third Parties
4.14.0 Disposition of Interest
4.15.0 Staff Training
5.0.0 CONTRACT TYPE, TERM, AND METHOD OF COMPENSATION
5.1.0 Contract Type
5.2.0 Term
5.3.0 Start-Up Period
5.4.0 Start-Up Costs
5.5.0 Compensation and Per Diem Rates
5.6.0 Billings and Compensation
5.7.0 Service Documentation
5.8.0 Employment of Illegal Aliens
5.90 Time of Performance - Part A
TABLE OF CONTENTS
ARTICLE DESCRIPTION
PART B
1.0.0 THE DESIGN-BUILD TEAM AND EXTENT OF AGREEMENT
1.1.0 THE DESIGN-BUILD TEAM
1.2.0 Architect Engineer
1.3.0 Extent of Agreement
1.4.0 Definitions
1.5.0 Department's Design and Construction Budget
2.0.0 PROVIDER'S SERVICES
2.1.0 Provider's Services
2.1.1 Critical Path Method Scheduling
2.1.2 Detailed Arrow Diagram Requirements
2.1.3 Arrow Diagram Supporting Data
2.1.4 Computer-Produced Schedule Requirements
2.1.5 Progress Reporting and Changes
2.1.6 Payment to Provider
2.1.7 Responsibility for Completion
2.1.8 Project Manual
2.2.0 DESIGN PHASE
2.2.1 Design Services
2.2.1.1 Design Development Phase
2.2.1.2 Construction Documents Phase
2.2.1.3 Construction Phase-General Administration of Construction
2.2.2 Design, Review And Recommendations - By the Construction Team
2.3.0 CONSTRUCTION PHASE
2.4.0 Hazardous Materials
2.5.0 Additional Services
3.0.0 DEPARTMENTS RESPONSIBILITIES
3.1.0 Department's Information
3.2.0 Department's Representative
3.3.0 Site Survey And Reports
3.4.0 Approvals And Easements
3.5.0 Drawings And Specifications
3.6.0 Cost Of Surveys And Reports
3.7.0 Project Fault Defects
3.8.0 Funding
3.9.0 Lines Of Communication
3.10.0 Lines Of Authority
3.11.0 Permitting & Code Inspections
3.12.0 Civil Design and Site work Construction
4.0.0 PERMITTING AND INSPECTION
4.1.0 Building Permits
4.2.0 Code Inspections
5.0.0 SUBCONTRACTS
5.1.0 Definition
5.2.0 Proposals
5.3.0 Required Subcontractors' Qualifications And Subcontract
Conditions
5.3.1 Subcontractual Relations
5.3.2 Subcontractual Requirements
5.4.0 Responsibilities For Acts And Omissions
5.5.0 Subcontracts To Be Provided
6.0.0 SCHEDULE. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
6.1.0 SCHEDULE-DESIGN PHASE
6.1.1 Design Development Phase
6.1.2 Construction Documents Phase
6.2.0 SCHEDULE-CONSTRUCTION PHASE
6.2.1 Commencement of Construction Work
6.2.2 Delays in the Work
6.2.3 Project Substantial Completion Date, Project Final
Completion Date and OWNER Occupancy Date
6.2.4 Department Occupancy And Warranties
6.3.0 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME
6.4.0 TOTAL CONTRACT TIME
7.0.0 GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION
7.1.0 Guaranteed Maximum Price (GMP) Proposal
7.2.0 GMP Taxes
7.3.0 Adjustments in Contingency Contained within GMP
7.4.0 Use of contingency Contained within GMP
8.0.0 PROVIDER'S FEE
8.1.1 Design Phase Fee
8.1.2 Construction Phase Fee
8.1.3 Overhead and Profit for. Construction Phase
9.0.0 COST OF THE PROJECT
9.1.1 Definition
9.2.0 Direct Cost Items
10.0.0 CHANGES IN THE WORK
10.1.0 Change Orders
10.1.1 Change Order Definition
10.1.2 Acceptable Ways Of Determining Increases Or Decreases
In The Contract Amount On Change Orders
10.1.3 Itemized Accounting On Change Orders
10.1.4 Adjustments In Unit Prices Contract Amount Due To
Inequitable Quantity Changes
10.1.5 Concealed Conditions
10.2.0 Claims For Additional Cost Or Time
10.3.0 Minor Changes In The Project
10.4.0 Emergencies
11.0.0 DISCOUNTS AND PENALTIES
11.1.0 Discounts And Penalties
12.0.0 PAYMENTS TO THE PROVIDER
12.1.0 Schedule of Values
12.2.0 Design Phase
12.3.0 Monthly Statements
12.4.0 Final Payment
12.5.0 Payments To Subcontractors
12.6.0 Delayed Payments By OWNER
12.7.0 Payments For Materials And Equipment
12.8.0 Withholding Payments To Subcontractors
13.0.0 INSURANCE, INDEMNITY AND WAIVER OF SUBROGATION
13.1.0 Indemnity
13.2.0 PROVIDER's Insurance
13 3 0 Waiver Of Subrogation
13 3 1 Damages Caused By Perils Covered By Insurance
13.3.2 Loss Or Damage To Equipment Covered By Insurance
13.3.3 Property And Consequential Loss Policies
13.3.4 Endorsement Of Policies
14.0.0 TERMINATION OF THE AGREEMENT AND DEPARTMENTS RIGHT TO
PERFORM PROVIDER'S OBLIGATION
14.1.0 Termination By The PROVIDER
14.2.0 DEPARTMENTS Right To Perform PROVIDER's Obligations And
Termination By DEPARTMENT For Cause
14.3.0 Termination By DEPARTMENT Without Cause
15.0.0 ASSIGNMENT AND GOVERNING LAW
15.1.0 Assignment Consent
15.2.0 Governing Laws
16.0.0 NOTICE OF CLAIM; WAIVER OF REMEDIES; NO DAMAGES FOR DELAY
16.1.0 Governing Provisions
16.2.0 Written Determination of Claim
16.3.0 Exclusive Remedy For Delays
17.0.0 MISCELLANEOUS
17.1.0 Interest
17.2.0 Harmony
17.3.0 Apprentices
17.4.0 Invoices Submitted Under Article 9
17.5.0 Provider's Project Records
17.6.0 Minority Participation
17.7.0 PROVIDER's Payment Rights
17.8.0 Public Entity Crime Information Statement
TABLE OF CONTENTS
ARTICLE DESCRIPTION
PART C
I. The Provider Agrees
A. General
B. State and Federal Laws and Regulations
C. Audits and Records
D. Retention of Records
E. Monitoring
F. Indemnification
G. Insurance
H. Safeguarding Information
I. Assignments and Subcontracts
J. Return of Funds
K. Required Reporting
L. Purchasing
M. Civil Rights Requirements
N. Requirement of Section 287.058, Florida Statutes
O. Withholding and Other Benefits
P. Sponsorship
Q. Final invoice
R. Use of Funds For Lobbying Prohibited
S. Bloodborne Pathogens
T. Inspector General's Office Requirements
U. State of Florida Public Entity Crime Statement
V. Property
W. Facility Standards
X. Copyrights and Right to Data
Y. Trade Secrets
II. The Department Agrees
A. Contract Amount
B. Contract Payment
C. Vendor Ombudsman
III. The Provider and Department Mutually Agree
A. Effective Date
B. Termination
C. Notice and Contact
D. Renegotiations or Modification
E. Name, Mailing and Street Address of Payee
F. All Terms and Conditions Included
G. Venue
THIS AGREEMENT between the State of Florida, Department of
Juvenile Justice, hereinafter called the DEPARTMENT, and
Correctional Services Corporation, 1819 Main Street, Suite 1000,
Sarasota, Florida 34236, hereinafter called the PROVIDER:
PART A - SECTION A
ARTICLE 1
DEFINITIONS
PROVIDER: Correctional Services Corporation
DEPARTMENT: State of Florida Department of Juvenile Justice,
ACA Standards - American Correctional Association: Standards for
Juvenile Training Schools, Third Edition, published by the ACA.
Facility. means the 30 Bed Moderate Risk Residential Program
(Halfway House) or the 35 Bed High Risk Residential Program
(Intensive Halfway House) as so identified.
Juvenile Offenders/Youth or Client - means youth committed to the
DEPARTMENT by Florida's juvenile courts and subsequently placed
in the secure treatment and training facility to be operated by
the PROVIDER.
Quality Assurance Standards: Department of Juvenile Justice
Quality Assurance Standards for Moderate Risk Residential
Programs, and High (and Maximum) Risk Residential Programs, Dated
January 1996. NOTE: Standards for Educational Components -
January 1997 Edition apply.
Commitment Management and Placement Manual, Department of
Juvenile Justice, dated October 1996
Residential Services Commitment Manual, Department of Juvenile
Justice, dated February, 1997.
Services Commencement Date - means the first day that juvenile
offenders are assigned by the DEPARTMENT to the facility.
Disturbance: A disturbance is considered a serious act by three
or more youth that may compromise security, safety, and/or group
control.
Start-up Period - means the time from the contract executive date
to the Services Commencement Date during which the PROVIDER
completes hiring of staff, training of staff, and other
activities relative to establishing a state of readiness to
commence services. The start-up period ends on the Services
Commencement Date.
ARTICLE 2
PROGRAM OPERATIONS AND STATEMENT OF WORK
Article 2.1 CASE MANAGEMENT
2.1.1. Case Management Performance Measures
a) 100% of all youth shall have a performance plan in compliance
with the Department of Juvenile Justice: Residential Services
Commitment Manual, dated February 1997, and the Quality Assurance
Standards Manuals for Moderate Risk Residential Programs and
High(Maximum) Risk Residential Programs, dated January 1996.
b) 100% of all youth performance plans shall be re-evaluated
monthly as the youth progresses through the program.
c) 100% of youth shall participate in developing their
performance plans and reviews.
2.1.2 . Individual Performance Contracts. The PROVIDER shall
develop individual performance contracts that address the
specific needs identified in the needs assessment; identify
treatment goals organized around specific client target
behaviors; contain a concrete description of the consequences to
the client if the contract is not followed; correct time for
completion, contain options regarding contract revisions; and
designates responsibilities of the program' to assist the student
in goal completion. This contract shall be completed within 14
calendar days of the student' s admission date.
The PROVIDER shall ensure the prescribed method of case
management is performance contracting, a system that provides
each student the opportunity to participate in the development of
his own rehabilitation program. The performance contract shall be
a formal binding agreement, between the program and a youth, that
determines what the youth must do to earn a recommendation for
release from the program. It shall serve as a road map for
guiding youth through the necessary steps to change inappropriate
behaviors to appropriate ones.
The performance contract shall be signed by those involved,
indicating that each has participated in negotiating the
performance contract and is committed to carrying out the
contract terms. Each youth will be given a copy of his contract
to assist him in accomplishing his goals. Copies of the contract
shall be distributed, with a cover letter, to the committing
judge, case manager and/or re-entry counselor, and parent(s) or
guardian(s) within 30 calendar days of completion. of the
performance contract.
Treatment Teams, and advisors, meet weekly with each youth
individually to discuss as well as document his progress toward
meeting individual program outcomes. The PROVIDER shall compile a
monthly report based on information from the weekly staffing
reports, weekly meetings with youth, behavior reports and other
relevant sources. This report shall be sent to the parent(s) or
guardian(s), committing judge, case manager and aftercare
counselor within 15 calendar days after the end of the month. All
reports and updates shall be maintained in the youth' s file.
Performance contracts shall be re-negotiated if information that
was not known during the staffing becomes available, the contract
is violated, and/or it becomes evident that the goals of the
contract are too great to be reached as mutually agreed by the
treatment team, the advisor and the client.
The PROVIDER shall complete and submit Performance Summaries to
the Department every 30 days to explain the youth's progress in
the program. The initial Performance Summary shall be submitted
to the Department within the first 30 calendar days the youth is
admitted to the facility. The performance summary will define the
status of each goal in the contract, provide an overview of the
youth's overall performance in the program, and any extraordinary
events or information about the youth. The youth shall have the
opportunity to read and make comments on the summary prior to
distribution to the Department. The youth and staff member who
prepared the summary shall sign and date the summary. The summary
shall be review e! d, signed and dated by the PRQVIDER
Administrator before it is submitted to- the Department. The
PROVIDER shall distribute the Performance Summary to the
committing judge, parent(s) or guardian(s), case manager, and
aftercare/reentry counselor within 30 calendar days after the
summary has been signed by the youth and staff member. The
PROVIDER shall conduct pre- and post-testing to evaluate each
youth's attainment of academic competencies, employment, social
and life skills. Pre-testing shall be completed within the first
30 calendar days after admission; post testing shall be completed
within 30 days prior to discharge.
The PROVIDER shall place students whose preliminary screening
indicates significant mental health problems and/or significant
drug abuse problems in the PROVIDER's in-house mental health
and/or substance abuse counseling program or the youth shall be
referred to the local mental health center if more extensive
services are required.
Article 2.2 DIAGNOSTIC EVALUATION SERVICES
2.2.1 Performance Measure. 90% of all youth shall have a needs
assessment and evaluation conducted and completed in less than 30
calendar days from admission.
2.2.2 Diagnostic Evaluation. Process Upon admission, the PROVIDER
shall review the youth's commitment packet to determine what
assessments have been conducted. The PROVIDER shall administer
the Wechler Intelligence Scale for Children (WISC-III), Test for
Adult Basic Education (ABE), Woodcock-Johnson full battery, and
Substance Abuse Subtle Screen Inventory (SASSI), to all youth
unless they have been so tested within the previous three months.
Additional tests shall be administered to generate a
comprehensive profile of the behavior and functioning level of
each resident, as determined by the psychologist. If a resident
has been previously identified and served in school as an
exceptional student, the PROVIDER shall ensure that the school
psychologist reviews the last previous Individual Education Plan
and conducts any testing needed to update the assessment
information.
Youth shall be administered additional instruments as required
and appropriate under the guidelines provided by the Okaloosa
County School Board for the educational program. The PROVIDER
shall assign each youth to a multidisciplinary treatment team
composed of a Case Manager, Youth Counselor, Employment
Specialist, Substance Abuse Counselor, Psychologist, Life Skills
Instructor, Recreation Director or Specialist, Teacher, Nurse and
the youth's DJJ Counselor.
Within 10 days from the youth's admission date, the PROVIDER
treatment team shall complete a need assessment for each youth,
Information for-the needs assessment shall be obtained from
interviews with the youth, parents or guardians, case manager(s),
and other parties with significant information regarding the
youth's needs. The PROVIDER treatment team shall also review the
youth's commitment record, court record, school records, and
other pertinent records. All information regarding the youth's
past performances, accomplishments, interests, and specialized
needs shall be recorded on the needs assessment.
The PROVIDER shall establish a treatment team that ensures the
youth adapts to rules, regulations and expectations, to monitor
the youth's progress, and to aid in guiding him through his
established plan while at the facility. The PROVIDER team shall
consist of staff with disciplines in areas pertinent to the
Performance Contract, at a minimum a supervisor, counselor,
teacher, nurse, and psychologist or other treatment professional.
The youth's assigned Youth Counselor shall serve as the student's
link to all program areas; shall meet with the student for a
minimum of 15 minutes every week; and shall present the case,
each week, to the treatment team for review.
The PROVIDER shall notify Department case managers and parent(s)
or guardian(s) in writing as to the time and date of the meeting,
inviting their attendance. Students progress toward individual
program outcomes shall be discussed and reviewed by all members
of the meeting.
Article 2.3 TREATMENT MODALITIES AND COUNSELING SERVICE
2.3.1 Treatment and Counseling Performance Measures
a) 100% of all the youth admitted to the program shall meet the
objectives and attain the goals of the program. Only youth
meeting these criteria shall be assessed as successfully
completing the program.
b) 100% of all youth shall receive group counseling a minimum of
five days per week.
All counseling sessions shall be documented in youth's permanent
record files.
c) 100% of youth shall participate in daily, individual, and
family counseling sessions.
2.3.2 Treatment and Counseling Process
The PROVIDER shall provide offenders the least restrictive
environment while maintaining sound security and control. The
PROVIDER shall decrease antisocial behavior and teach offenders
the personal, social, educational, vocational and employability
skills which are necessary for successful re-integration into the
community program shall utilize the Contingency Management
System. The PROVIDER shall involve the youth in developing the
treatment plan and in establishing treatment and direction.
The PROVIDER shall provide counseling and information regarding
social services to all youth in the program at all times from the
date of admission until the date of discharge. The PROVIDER shall
ensure in writing that each client is provided with the
name/number/point of contact from whom these services may be
obtained. This information shall be provided to the client upon
admission to the program. All PROVIDER staff shall be trained to
provide individual and crisis counseling to youth.
The PROVIDER shall document all counseling sessions with youth
and shall ensure that sessions are recorded in the daily shift
log and the student file at all times. The PROVIDER shall train
all Youth Counselors and staff in group facilitation and shall be
familiar with the basic techniques and procedures of group
counseling. Group counseling sessions shall be scheduled a
minimum of five times per week with all students. Each group
shall contain no more than 10 youth. The PROVIDER shall provide
counseling programs that provide victim awareness for youth to
gain a sense of accountability and awareness and an understanding
of the impact of criminal behavior on others.
Each youth shall be assigned to a counselor with whom issues may
be shared. The PROVIDER shall provide individual counseling
services conducted by caseworkers and/or a psychologist, to
supplement group sessions.
2.3.3 Contingency Management System
The PROVIDER shall provide opportunities similar to those found
in the community, where the youth shall make choices and accept
responsibilities which foster independence.
Article 2.4 DEVELOPMENT OF SOCLAL SKILLS ENHANCEMENT
2.4.1 Social Skills Enhancement Performance Measures
100% of all youth shall be provided the opportunity to acquire
social skills. training, stress management skills, decision
making skills, anger management, and family relational skills.
The PROVIDER shall provide training in coping and life skills in
the daily function of the program, by staff role-modeling, and in
classroom situations. This training shall include counseling,
setting of expectations, participation in competitive team-
building, athletics and group interactions, taught by the Life
Skills Instructor and Fitness/Recreation Specialist.
Article 2.5 CARE AND CUSTODY
2.5.1 Care and Custody Performance Measures
Successful protection of the public through an escape rate of 0%
including escape during transportation.
The PROVIDER shall develop clear and written procedures that
include but are not limited to:
a. The safety of youth, staff and visitors.
b. Maintaining order.
c. Results in zero (0) escapes.
d. The level of staff, staff supervision and staff to youth ratios.
e. Daily operating procedures, monitoring and movement control of youth.
f. Scheduled facility client counts; control of contraband.
g. Proper deployment of staff for shift coverage and transportation services
h . Emergency procedures for youth disturbances and escapes.
The Security Plan shall be in place and implemented beginning the
first day clients are received in the facility. The Security Plan
shall be coordinated with the DEPARTMENT and written in
compliance with the Department of Juvenile Justice Quality
Assurance Standards for Moderate Risk Residential Programs, High
(and Maximum) Risk Residential Programs, dated January 1996, and
the Department of Juvenile Justice Residential Commitment
Services Manual, February 1997.
The PROVIDER shall ensure all youth in the facility are secure
and free from fear in the conduct of daily activities. The
PROVIDER shall ensure security procedures are only as restrictive
as necessary to maintain good order and safety. The security
program shall include direct supervision by staff.
Education and ongoing security training shall be immediately
implemented and meet the DEPARTMENT as well as American
Correctional Association standards
2.5.2 Minimum Supervision
The PROVIDER shall staff the facility according to the following
minimum direct care staff to youth ratios:
Moderate Risk
1:8 First Shift 7AM - 3PM
1:10 Second Shift 3PM - 11PM
1:12 Third 11PM- 7AM
High Risk
1:6 First Shift 7AM - 3PM
1:8 Second Shift 3PM - 11PM
1:10 Third Shift 11PM - 7AM
(See Facility Staffing Plan Exhibit A)
2.5.3 Population and Resident Counts
PROVIDER staff shall know the number and location of each program
youth at all times and shall be able to recognize them on sight.
Staff shall take periodic population counts to ensure no youth
are missing at any time.
2.5.4 Searches and Evidence of Contraband
The PROVIDER shall search all youth upon admission to the
facility, return from any trip outside the facility, and in any
instance where there is suspicion of contraband. Such searches
shall be documented in writing and shall be performed in
compliance with the Department of Juvenile Justice Quality
Assurance Standards for Moderate Risk Residential and High
(Maximum) Risk Residential Programs, January 1996.
2.5.5 Control and Use of Tools and Utensils
The PROVIDER shall inventory, color code, and create a master
list of all tools and utensils. Such list shall be available for
inventory control at all times. All hazardous items shall be
stored in locked cabinets or equipped with shadow boards. All
materials such as scissors, medical equipment, and other
materials shall be monitored at all any other materials, and
access to medical equipment shall be closely monitored at all
times.
The PROVIDER shall advise all outside vendors and ensure that all
tools and equipment be secured and carefully controlled while in
the facilities. The PROVIDER shall supervise vendors while on
premises.
2.5.6 Control and Use of Keys
The PROVIDER shall develop and implement a master key system to
keep control of facility keys. The system shall provide for shift
by shift inventory control and current accountability as to
location and person assigned. All PROVIDER staff shall carefully
care for and keep control of keys. Keys shall be inconspicuous
and shall contain no identifying information.
At no time-shall any youth handle keys and at no time shall any
staff attempt to repair or replace locks. The PROVIDER shall
designate an employee(s) to maintain, record, and track
disposition of all facility keys. Employees shall return all
damaged keys to the designee for replacement.
2.5.7 Absence without Authorized Leave and Escapes
In the event of an escape, PROVIDER staff shall maintain control
of the remaining youth. Any attempt by the staff at apprehending
the escapee will be done only after the remaining youth are
secured.
The PROVIDER shall notify law enforcement in the event of any
escape. When notifying law enforcement, an accurate description
of the escaped youth will be given. This description will include
height, weight, type and color of clothing, color of eyes and
hair, complexion, distinguishing characteristics, and possible
destination(s) of the youth. The PROVIDER shall notify the
youth's parents, the DJJ counselor, and the State Attorney
General in the jurisdiction where the youth was charged or the
petition for delinquency originated. The PROVIDER shall take
action in accordance with the Department of Juvenile Justice
Quality Assurance Manuals for Moderate Risk Residential and High
Risk Residential Programs, dated January 1996, and Residential
Services Commitment Manual of February 1997.
2.5.8 Procedure for Major Disturbances
If all attempts to prevent a disturbance fail and the staff are
faced with a riotous or potentially riotous situation, the
PROVIDER shall take the following steps to minimize the effect of
the disturbance:
a) Ensure one staff member is in the control room so that
communications with administration and outside shall be
unhampered;
b) Contain and isolate the major participants. Remove and secure
youth who are not involved;
c) Once major participants have been isolated, PROVIDER staff
shall evaluate the severity of the disturbance;
d) If available staff cannot control the situation, call law
enforcement for assistance. Prior arrangements shall be made with
an appropriate law enforcement agency to provide the necessary
assistance when needed.
The PROVIDER shall ensure that law enforcement personnel deposit
all firearms and weapons in the weapons locker before entering
the facility, except when law enforcement determines that a
police emergency exists.
2.5.9 Incident Reporting
The PROVIDER shall develop an Incident Reporting Policy in
compliance with Department policy and Procedures prior to staff
training and start-up, and shall furnish the Department contract
manager with copies of the same. In addition, the PROVIDER shall
make changes as required by the DEPARTMENT.
2.5.10 Emergency Plans and Procedures
The PROVIDER shall ensure that the operation of the facility
adheres to all applicable Department, federal, state, and local
safety and fire codes and fire and - safety inspections.
Emergency plans and policies shall comply with the Department of
Juvenile Justice Services Manual, dated February 1997, on
addition to the Department of Juvenile Justice Quality Assurance
Manuals for Moderate Risk Residential Programs High (and Maximum)
Risk Residential Programs, dated January 1996 Residential
Programs, dated January 1996.
The PROVIDER shall prepare a fire evacuation plan in compliance
with all Department, state, federal, and local regulations, law
and statutes. The PROVIDER shall ensure the plan provides for
specific routes of evacuation, fire drills, and additional
precautions required for evacuation of dangerous youth and that
PROVIDER staff shall be trained in all phases of emergency
procedures as well as prevention. The PROVIDER shall review the
evacuation plan annually, (each year on the anniversary date of
the admission of the first client into the program), update as
necessary, and reissue to the local fire jurisdiction and
Department approval.
The PROVIDER shall ensure that at no time shall any youth be
permitted to use any flammable, toxic, or caustic materials. The
PROVIDER shall ensure that specifications for the selection and
purchase of facility furnishings shall indicate the fire safety
and nontoxic performance requirements for use in Department
facilities.
Article 2.6 TRANSPORTATION
2.6.1 Transportation Performance Measures
100% of staff responsible for transporting youth will receive
pre-service transportation training prior to transporting any
client.
The PROVIDER shall develop transportation policies and procedures
adapted specifically for this facility and the geographic area it
serves. The policy and procedures shall include instructions for
PROVIDER staff that addresses emergencies, vehicle breakdown, use
of restraints, attempted escape, accident, and other categories
as may apply to the particular facility. The policy and
procedures shall ensure that:
a) All vehicles transporting youth shall be properly registered
and inspected in accordance with Florida state law;
b) All drivers shall be properly licensed and accompanied by
additional staff members as needed;
c) The number of passengers shall not exceed the number of seats
in the vehicle.
d) Youth shall not be permitted to drive facility or staff
vehicles; and,
e) Youth shall be restrained only when necessary and only with
appropriate equipment.
Article 2.7 HEALTH SERVICES
2.7.1 Health Service Performance Measures
a) The PROVIDER shall provide 100% of all youth medical screening
upon admission.
b) The PROVIDER shall ensure 100% of all youth shall have access
to medical treatment.
The PROVIDER shall use prevention and treatment programs to
address the prevalence of communicable diseases and mental health
problems in-house. PROVIDER staff shall possess the clinical and
management expertise to all juveniles confined at the facilities.
Outside laboratories, pharmacies, and local community hospitals
shall only be used to augment PROVIDER services and provide youth
with comprehensive health care.
2.7.2 Routine Health Care: Upon juvenile admission, the PROVIDER
shall provide licensed health care professionals to review
juvenile's health records. Each youth shall receive a preliminary
screening and a follow-up examination. The PROVIDER shall ensure
immunization records are checked to ensure all immunizations are
up to date. In the event that immunizations are needed, the
PROVIDER shall make arrangements to have those immunizations
completed in compliance with the Department of Juvenile Justice
Quality Assurance Manual for Moderate Risk and High(MAXIMUM) Risk
Residential Programs, dated 1996.
The PROVIDER shall note any medical problems and/or allergies and
forward to the Team Leader. During the weekly staffing, all staff
members shall be made aware of students with special medical
needs and be instructed in special care that may be required. All
information regarding special medical circumstances shall be
handled confidentially.
The PROVIDER shall provide routine sick call five days per week
by a licensed registered nurse whose credentials are current and
on file at the facility. The PROVIDER shall ensure a list of
youth with medical concerns is prepared daily prior to sick call.
The PROVIDER shall ensure the nurse maintains a log indicating
findings and the need for triage, if any. In the event of a
chronic medical condition, the youth shall be screened by the
nurse, and referred to the physician for follow-up diagnosis and
treatment. A record of all youth seen at sick call shall be
documented in writing and the records shall be maintained by the
PROVIDER. The PROVIDER shall incorporate this information into
the youth's permanent medical record. All youth, including youth
in segregation, shall have unencumbered access to regularly
scheduled sick call.
2.7.3 Special Medical Programs: The PROVIDER shall ensure
individualized written treatment plans are developed by the
examining physician for youth with special medical needs
including chronic and convalescent care. The treatment plan shall
include a diagnostic statement, the frequency of follow-up
visits, diagnostic studies and the medication regimen.
2.7.4 Dental Care: The PROVIDER shall ensure routine dental care
is provided through a contract dentist and hygienist. The
PROVIDER shall provide 24-hour emergency dental services are
available every day. The PROVIDER shall ensure all dental
services will be provided in accordance with American
Correctional Association (ACA), National Commission on
Correctional Health Care (NCCHC) and the American Dental
Association (ADA) standards and guidelines. The PROVIDER shall
ensure all youth receive a dental screening within seven days of
admission to the facility. During the initial screening, a
treatment plan shall be developed. Dental records shall be kept
up-to-date at all times.
Article 2.8 MENTAL HEALTH SERVICES
2.8.1 Mental Health Performance Measures
a) The PROVIDER shall ensure lOO% of youth shall receive
complete psychological assessment screening; and,
b) The PROVIDER shall ensure the confidentiality of all mental
health and counseling services.
All policies and procedures for the program shall comply with
Department policies and procedures as described in the Department
of Juvenile Justice Quality Assurance Manuals for Moderate Risk
Residential and High (and Maximum) Risk Residential Programs
dated January 1996, and the Department of Juvenile Justice
Residential Commitment Manual dated February 1997.
A mental health professional shall direct and administer the
mental health program and will be on-call 24 hours per day, every
day Youth found to be suffering from a serious mental illness
shall be referred to a mental health Professional for care.
2.8.2 Psychological Assessment
The PROVIDER shall provide complete psychological assessment
screenings, comprised of mental status examinations, records
reviews, structured clinical interviews, and presentations of
services on an as needed basis. Any youth on psychotropic
medication, who exhibits signs and/or symptoms of mental illness,
mental retardation, or who appears intellectually impaired shall
be referred to a psychiatrist for further evaluation.
The PROVIDER shall ensure that any youth may request consultation
and gain access to mental health services. Youth appearing to
need counseling or psychiatric treatment may also be referred by
the PROVIDER.
2.8.3 Individualized Treatment Plans
The PROVIDER shall ensure that any youth referred to a mental
health professional shall have an Individualized Treatment Plan
and that plan shall become part of the youth's medical record and
therapeutic milieu.
2.8.4 Suicide Assessment and Prevention
All staff shall be trained in identifying, assessing, monitoring
youth exhibiting suicidal ideation, and recognizing signs of
mental illness that could lead to suicidal ideation. All youth
with suicidal ideation shall be assigned to a mental health
professional for evaluation and treatment. The PROVIDER shall
provide ongoing training of staff for signs of mental illness and
suicidal ideation.
The PROVIDER shall ensure appropriate laboratory services for
youth on psychotropic medications are provided and shall document
service delivery.
2.8.5 Psychological Services
The PROVIDER shall provide, as a minimum psychological services
including anger control, aggression, victim awareness and empathy
training, moral reasoning and accountability, violence counseling
and family mediation as part of the psychological services.
2.8.6 Substance Abuse Education and Treatment
The PROVIDER shall provide continuum of alcohol and drug abuse
services to rehabilitate youth with alcohol and other drug abuse
problems. The PROVIDER shall assess all admitted youth for
substance abuse problems at the time of admission. Based on the
assessment, the PROVIDER shall ensure an appropriate substance
abuse education and treatment program becomes a component of the
service contract.
The PROVIDER shall ensure youth determined to need substance
abuse treatment beyond education shall be referred to a Substance
Abuse Treatment Program. The level of involvement in the
treatment program will be based on each youth's individual need
as specified in his service contract. The PROVIDER shall ensure
that Relapse Prevention and Coping and Life Skills are components
of both substance abuse prevention and treatment.
Article 2.9 EDUCATIONAL SERVICES
The PROVIDER shall ensure 100% of youth receive educational and
vocational training services in compliance with the Department of
Juvenile Justice Quality Assurance Standards (Educational
components in Juvenile Justice Facilities, dated January 1997)
for Moderate Risk and High Risk Residential Program Manuals of
January 1996, and Residential Commitment Services Manual dated
February 1997.
2.9.1 Educational Performance Measures
The PROVIDER shall provide all educational and vocational classes
which are competency based, individualized, and integrated into
the clients overall institutional service program. The PROVIDER
shall provide instruction based on the individual needs and goals
of each youth. The PROVIDER shall provide the academic courses
necessary to earn credit toward completion of a high school
diploma, or GED. The PROVIDER shall ensure that credits earned
while studying for the GED can be applied toward a high school
diploma. The PROVIDER shall provide pre-vocational and vocational
education programs. All students shall be in an educational
program for a minimum of five hours per day, five days per week.
Special Education shall be provided to eligible disabled students
in accordance with both Federal and Florida Law and in compliance
with Department of Juvenile Justice Educational Quality Assurance
Standards as specified in Article 2.9 above.
All teachers shall be specifically trained and prepared to manage
the special needs of the youth population
The Youthful Offender Facilities' Educational Program shall be
customized for use in the program facilities. The PROVIDER shall
provide oversight and development of educational curricula to
create customized education and vocational programs for all youth
in both programs. The PROVIDER shall design curricula that
specifically addresses the needs of the youth as well meeting the
educational requirements of the local jurisdiction. The PROVIDER
shall design and implement evaluation measures to assess program
effectiveness and outcomes.
The PROVIDER shall offer educational programs that are
administered in compliance with the standards developed by the
Florida Department of Education, the American Correctional
Association (ACA) and the Correctional Education Association
(CEA), and that meet the standards of the Department.
The PROVIDER shall:
a) Provide educational programs that are, at a minimum, equal in
quality and requirements to other programs in the community to
ensure that student credits, certificates, and diplomas are
accepted by employers and transferable to schools after release;
b) Provide educational programs certified by the State Department
Of Education;
c) Provide all students access to academic and vocational
education programs and a system of incentives through the
Contingency Management System;
d) encourage enrollment and completion of such programs;
e) Develop Individual Program Plans for all students and
Individual Education Plans for all students identified as
educationally handicapped under the Individuals with Disabilities
Act;
f) Provide educational services to-students in segregation unless
they are determined to be a danger to others;
g) Provide specific and measurable performance objectives for
each subject area that shall be reviewed regularly with input
from staff, advisory committees, and State Department of
Education staff. The performance based curricula shall be in
self-contained units to facilitate individual pacing and
open-entry, open-exit instructional programming;
h) Conduct regularly scheduled evaluations, by qualified
professionals, of educational services to include all components
of the overall education program;
i) Train all educational staff in procedures and principles of
providing educational services in a juvenile correctional
setting;
j) Develop cooperative agreements with community colleges to make
available post secondary education programs to eligible students;
k) Provide program space, equipment and materials that are
up-to-date and comparable to those used in the-community schools
and business and industry;
l) PROVIDE- Computer and Other Technological Aids institution,
and foster students interest as well as provide applications for
computer assisted instruction. Computers shall be available on a
1-to-4 computer/student ratio;
m) Provide one-to-one Peer Tutoring to supplement classroom work.
A one to one peer tutoring program is incorporated but at no time
will one youth be allowed to exercise control or authority over
another;
n) Provide Remedial Education based on competency level. The
program shall be integrated within the comprehensive educational
program provided to all students; and,
o) Provide one-to-one Volunteer Tutoring to supplement classroom
work. Volunteers shall be recruited from the community to tutor
youth and help with homework assignments.
2.9.2 Assessments
The PROVIDER shall ensure placement in academic and/or vocational
programs based on the assessment completed by the Treatment Team
that includes representation from the Educational Provider. The
PROVIDER Treatment Team shall conduct pre- and post-testing and
shall ensure youth emerge from the program with social and
employment skills. The PROVIDER shall ensure that once the
students leave the program they are equipped to continue
schooling at an appropriate level.
Article 2.10 PRE-VOCATIONAL AND VOCATIONAL SERVICES
2.10.1 Pre-Vocational and Vocational Performance Measures
a) 100% of all youth shall participate in 25 hours of academic
credit bearing educational or vocational instruction in
accordance with DEPARTMENT guidelines;
b) 85% of youth completing the program shall demonstrate an
increase of at least one grade level in reading, writing and math
skills; and,
The PROVIDER shall provide pre-vocational and vocational classes
in conjunction with the Okaloosa County School Board and
Okaloosa-Walton Junior College. The PROVIDER shall participate in
the educational planning efforts for the youth to ensure
development of skills consistent with the opportunities for
employment in the region and in their home communities. The
PROVIDER shall work cooperatively with the School to Work efforts
in the region to ensure the applicability of instructional
components.
Article 2.11 JOB TRAINING AND PLANNING
The PROVIDER shal1 provide an institutional work program integral
to the Contingency Management System and the vocational education
program by providing the opportunity for youth to apply what they
have learned in the classroom in the in a work setting.
The PROVIDER shall provide a Job Training Program consisting of a
combination of formalized instruction focused on obtaining and
retaining employability skills; practical experience in applying
for and holding jobs. This combination shall teach and reinforce
skills needed to work successfully in the marketplace.
Article 2.12 SELF-SUFFICIENCY PLANNING
2.12.1 Life Skills Self-Sufficiency Planning Performance Measures
100% of all youth shall be provided life skills training,
self-sufficiency planning and independent living skills.
The PROVIDER shall conduct testing to assess youth social skills
and specialized needs upon admission. The PROVIDER shall develop
a personalized self-sufficiency/independent living plan for each
youth based on the outcomes of the testing and assessments within
30 calendar day after admission. Topics in the self-sufficiency
plan shall be included on an as required basis for each youth:
Interpersonal skills, Education Management, Money Management,
Food Management, Personal Appearance, Health Maintenance,
Job Seeking, Job Maintenance, Legal Skills, Housekeeping,
Community Resources, Emergencies, Housing, Transportation, and
Safety.
Article 2.13 RECREATIONAL AND LEISURE ACTIVITIES
2.13.1 Recreation and Leisure Performance Measures
100% of youth shall participate daily in a recreational/physical
fitness program.
The recreational program shall teach youth how to plan leisure
time. Youth shall develop constructive special interests
compatible with lawful behavior. Practice in the development of
acceptable social and communications skills shall be provided.
Recreational activities shall provide students with opportunities
to mature physically and mentally.
Article 2.14 AFTERCARE and FOLLOW-UP SERVICES
2.14.1 Aftercare And Follow-Up Services Performance Measures
a) 100% of youth shall be provided aftercare services;
b) 100% of youth shall have a transitional plan within 30 days
prior to tentative release that includes competency assessments
for education, employment, psychological and behavioral measures,
and recommendations for follow-up services; and,
c) 100% of youth shall begin aftercare or reentry services at
least 60 days prior to discharge.
Release planning shall begin on the day the youth arrives at the
facility. The assessment, Performance Contract development,
programs and services shall focus on behavior changes that
support the youth's successful transition back to the community.
The PROVIDER shall provide an in-house pre-release program for
the youth that prepares youth for discharge. The PROVIDER shall
use techniques that address the individual needs of youth based
on differing backgrounds, situations and problems.
The PROVIDER shall develop and provide aftercare/follow-up
services for all youth graduating from the program. Services
shall be appropriate based on the type of supervision specified
at the time of commitment or as determined appropriate at a later
date and approved by the DEPARTMENT.
Approximately 60 days prior to the youth's release, the PROVIDER
shall conduct a meeting to discuss the youth's transitional goals
and finalize the formal transitional plan. The youth, Treatment
Team, Department case manager, and parent(s)/guardian(s) shall
participate in the finalization of the formal transition plan.
The plan shall be designed to assist the youth in his adjustment
to the community.
2.14.2 After Care Counselors
The aftercare counselor shall assist the youth with
re-integration and re-adjustment to community living. The after
care counselor shall be the liaison and shall keep in contact
with the youth, the Department case manager, the youth's family,
and the community. The aftercare counselor shall maintain contact
with the youth and his family during the transition phase, and
provide monthly summaries to his DJJ case manager. The aftercare
counselor shall, in conjunction with the youth's DJJ case
manager, develop a schedule of contacts including telephone and
face-to-face contacts to monitor the youth's progress and
whereabouts. Aftercare shall be provided in compliance with the
Department of Juvenile Justice Quality Assurance Standards for
Moderate Risk Residential and High (Maximum) Risk Residential
Programs, January 1996.
The PROVIDER shall provide one half-time aftercare counselor for
each program. Duties shall include, at a minimum, helping youth
to develop their aftercare plans and obtaining community
resources to ensure appropriate services will be available to
youth after release. A resource directory for youth shall be
prepared. The PROVIDER shall provide Aftercare services for one
year consisting of follow-up. Aftercare studies of youth at
three months, six months, and one year, which shall document the
results of community reentry. The studies shall assess the status
of critical outcomes in these areas: education, employment,
relationships with parents, peers, and living arrangements.
Aftercare shall be in accordance with the Department Juvenile
Justice Quality assurance Standards for Moderate Risk Residential
and High (Maximum) Risk Residential Programs, January 1996 and
the Intervention Services Manual, Chapter 4, Aftercare, dated
June 1996 as referenced in Appendix a.10 of the Request for
Proposal #P6P01.
Article 2.15 PROGRAM EVALUATION
2.15.1 Program Evaluation Performance Measures
a) 90% of the youth admitted shall complete program; and
b) 100% of youth shall be administered pre and post testing to
determine academic and behavioral development.
Program strategies shall be clearly defined to ensure that all
program components complement each other and work together.
2.15.2 Facility Administrator
The Provider shall have a single administrator to whom all
employees and units of management are responsible. The Facility
Administrator shall have training and experience in the operation
of juvenile facilities. He or she shall be skilled in personnel
management, program research, planning, and evaluation. The
Facility Administrator shall have experience and training in
working with delinquents, causes of delinquency, common legal
problems of juveniles, relevant policies of related agencies, and
crisis management.
The Facility Administrator shall be accountable to the PROVIDER's
Vice President of the Juvenile Justice Division. The Facility
Administrator shall have the authority to act on behalf of the
company and shall manage on-site the day to-day operation of the
facility. The Facility Administrator shall maintain a current
organizational chart. The chart shall be updated every thirty
(30) days and the updated versions shall be submitted to the
Contract Manager every 30 days beginning the first thirty days
after the entry of the first client is admitted to the program.
2.15.3 Mission Plan
The PROVIDER shall develop and implement a mission plan for each
program that incorporates the objective of the DEPARTMENT as
outlined in the Department of Juvenile Justice Quality Assurance
Manuals for Moderate Risk High (and Maximum) Risk Residential
Programs, dated January 1996. The PROVIDER shall ensure the
mission statement is integral to the staff training program and
shall provide documentation of the goals against which progress
is measured.
2.15.4 Communication
The Facility Administrator's responsibilities shall include
ensuring open communications with staff, the corporate office,
the community and the Department. Illustrative of the system of
communications required are: Quarterly meetings (or more
frequently, if requested) with the Department to discuss policy
and ensure contract compliance; response to requests for
information, within the bounds of confidentiality, and program
inquiries from government agencies; monthly staff meetings to
improve communications between Departments, understanding of
facility programs, and to provide the opportunity for staff and
volunteers to recommend changes and consult the Administrator
about ongoing operations.
2.15.5 Program Oversight and Monitoring
The PROVIDER shall implement ongoing performance monitoring
procedures to ensure that the facility is meeting its goals while
youth are in the programs as well as after the youth are
discharged from the program. Monitoring includes, but is not
limited to, meeting professional requirements and standards;
those related to the efficiency of the detention process from
intake through release or transfer; those related to the
motivation of staff to provide high-quality treatment and
services; and identification of specific problem areas and
solutions. The PROVIDER shall ensure the quality of its programs
through the following process:
a) Each facility shall adhere to annual corporate inspections and
self monitoring procedures to ensure contract compliance and
program integrity. The results of all inspections and
self-monitoring activities shall be made available to the
Department;
b) Each facility shall be subject to announced and unannounced
inspections by the supervising corporate officer. Additionally,
each facility shall be required to submit, to the supervising
corporate officer, all reports including daily shift, incident,
inspection and self-monitoring, monthly facility, employee
hiring, grievance, disciplinary, commendations, promotions, and
resignations;
c) The PROVIDER shall ensure the Vice President for Contract
Compliance shall be responsible for regular audits of each
facility to ensure contract compliance and adherence to
standards. Audits shall be designed as specific to each facility.
Discrepancies noted in the audit form shall require an action
plan prepared by the facility including a target date for
correction; and,
d) The PROVIDER shall conduct formal follow-up studies of
residents at three months, six months, and one year to document
successful re-entry into the community. As part of the follow-up
interviews, the PROVIDER shall maintain records of and determine
current status of critical outcome areas including: education -
successful reentry into high school or post secondary education,
employment (part-time or full-time),improved relationships with
parents/peers/others, and stable positive living arrangements.
The PROVIDER shall track and report regularly on these outcome
measures:
(1) Reduction of recidivism rates by at least 10% fewer than
comparable Juvenile Justice Moderate Risk High (and Maximum) Risk
Residential Programs, dated January 1996.
(2) Increase academic levels of reading and mathematics by at
least one grade level in nine to 12 months of program treatment.
(3) Increase attainment of GED and /or High School diplomas as
appropriate.
2.15.6 Budget and Personnel Management
The Facility Administrator shall develop and manage an annual
budget providing adequate resources for operations and programs.
All aspects of ongoing and proposed programs and long range goals
shall be evaluated for budget requirements. Fiscal policies shall
be related to and coordinated with the goals and objectives of
the facility program plan providing a guideline to improve
program efficiency and measure goal achievement.
Methods employed for collecting, safeguarding, disbursing and
recording funds shall comply with generally accepted accounting
principles, mandates of the contracting authority and applicable
statutes. Fiscal records shall include an itemized schedule of
operating expenses. All fiscal accounts and records shall be
available for inspection, by Department representatives upon
request.
The PROVIDER shall provide employment opportunities to candidates
selected from a field of the best qualified persons to meet
program needs. The PROVIDER shall ensure staff selection
procedures place a high priority on applicants demonstrating
positive communications skills and whose education and employment
histories represent the capacity to work with juveniles. The
PROVIDER shall ensure that all staff are subjected to background
screening in accordance with Department policy.
The PROVIDER shall consistently monitor and evaluate facility
operations to assess and determine if goals are being attained
and whether any, program changes need to be made. The Facility
Administrator shall develop monthly statistical information to
assess and assure maximization of overall effectiveness and
efficiency of the programs and operations.
Article 2.16 OTHER PROGRAM COMPONENTS
The PROVIDER shall operate its facilities and programs in
compliance with the contract, the Department of Juvenile Justice
Quality Assurance Programs for Moderate risk High (and Maximum)
Risk Residential Programs, dated January 1996, and in addition to
the Department of Juvenile Justice Residential Services Manual,
February 1997. The PROVIDER shall be accountable to the
Department and shall communicate openly and be accessible to the
Department at all times at the physical location of the program
facility as well as at the corporate headquarters.
Article 2.17 INTAKE AND ADMISSION
2.17.1 Intake and Admission Agreement
The PROVIDER shall accept, up to capacity, all youth referred by
the Department 24 hours a day, seven (7) days a week. During the
youth's stay at the facility, the PROVIDER shall provide basic
needs including shelter, food, clothing and medical care; protect
the juvenile's legal rights; provide for the juvenile's physical,
emotional, religious, educational, and social needs; and house
juveniles in a safe and humane environment, maintaining the level
of security necessary to prevent escape and provide an
environment in which juveniles live free of fear of assault or
intimidation. by staff or other juveniles.
2.17.2 Intake Process
The PROVIDER shall ensure intake staff are trained to perform the
intake process and ensure that a preliminary physical and mental
health screening shall be conducted on all youth at the time of
admission.
Any youth admitted with diabetes, seizure disorder, cardiac
disorders, asthma, tuberculosis, hemophilia, head injuries, or in
need of medication is referred to the designated health authority
immediately and a physical shall be completed within 24 hours.
Intake staff shall ensure all appropriate documentation
accompanies the youth including: a certified copy of the petition
and commitment order, Client Information System face sheet,
pre-disposition report, consent for medical treatment and medical
records, education transfer information, and case summary
information.
2.17.3 Admission
An admissions form shall be completed upon admission and staff
shall explain the steps of the intake process to the client.
Staff shall conduct a frisk search to ensure that contraband is
not introduced into the program. Contraband found during this, or
any other search, shall be confiscated and placed in a secure
area for disposition by the Facility Administrator, and if
determined to be illegal, by local law enforcement authorities.
Prior to admission to the housing unit, designated staff shall
conduct a strip search of each youth.
The PROVIDER shall conduct an inventory of the youth's property
upon admission. Staff shall search and record all personal
property and its condition. The youth shall sign a personal
property form attesting to the accuracy of the inventory. Large
amounts of money, jewelry, or any personal property shall be
secured in a locked area to prevent loss or theft. Permanent
disposition of such property shall be determined by the Facility
Administrator and documented in the youth's file.
The PROVIDER shall, in accordance with Department policy and
procedures, notify the youth's parent(s) or guardian(s) within 24
hours of the youths admission to the facility. Information shall
be mailed to the youth's parent(s)/guardian(s) within 48 hours of
admission and shall include an overview of the program and rules
pertaining to visitation, money and clothing The PROVIDER shall
encourage parental involvement in the program. The PROVIDER
shall request, and document if there any objections,
restrictions, limitations or medial reasons preventing youth from
participating in recreational activities. The PROVIDER shall
ensure a Medical/Dental information form (DJJ-YS Form 2020)
concerning medical insurance coverage is completed and returned
to the facility by the parent(s) or guardian.
Article 2.18 SCREENING
Preliminary screenings shall include observation of: dress,
manner of relating, activity level, emotional tone, thought
processes, and level of orientation; presence of tremor and/or
sweating; presence of obvious injury, signs of physical distress
or illness, difficulty moving or other physical handicap;
presence of scars, tattoos, or other skin markings; and
indications of substance abuse and/or intoxication.
Article 2.19 SUICIDE SCREENING
All staff shall be trained to identify and record information and
danger signals that indicate that a youth may be potentially
suicidal. In this case, the PROVIDER shall ensure supervisory
staff shall be alerted and, at all time following intake, the
youth shall be observed for symptoms of emotional distress
throughout his stay in the program.
Article 2.20 ORIENTATION
Orientation shall begin immediately upon admission and be
completed within 24 hours of the youth's arrival at the facility.
Orientation material shall include: identification of key staff
and their roles; review of the emergency evacuation procedures; a
tour of the facility; review of the daily program schedule;
review of the youth's rights and the grievance procedure,
including how to contact the Florida Abuse Hotline; review of the
program goals and services available; review of the procedure to
access medical and mental care; review of the performance
contracting process and its impact on eligibility for release
from the program; review of the visitation schedule; review of
telephone procedures; review of program rules; review of
program's search policy; review of consequences which may result
from rule violation; an opportunity to identify special
interests, talents, or problems; and an explanation of any
testing and examinations. Where a language or literacy problem
exists that can lead to a youth's misunderstanding of program
rules or regulations, assistance shall be provided.
Article 2.21 CASE FILE
A case file shall be developed for each youth in the facility.
This file shall include all information as provided with the
referral and collected at intake. Each file shall contain, at a
minimum, sections for: the commitment packet, needs assessment,
performance contract, weekly updates, monthly progress reports,
counseling notes, correspondence and miscellaneous.
Only authorized persons shall have access to juvenile records.
Records shall be marked "confidential," stored inside a locked
metal file cabinet, directly supervised and controlled by an
authorized staff member. Anytime a record is removed from the
file area, a receipt indicating reason for removal shall be
signed by the staff member taking the file. Medical and education
records shall be maintained in a separate file.
Article 2.22 FOOD SERVICE
2.22.1 Food Service Delivery
The PROVIDER shall provide 100% of youth three well-balanced
meals plus snacks in compliance with recommended dietary
allowances (RDA), the National School Lunch and Breakfast
Programs requirements.
The PROVIDER shall ensure basic nutrition is provided for the
youth population. Food preparation procedures and menus shall be
developed in compliance with the Department of Juvenile Justice
Quality Assurance Standards for Moderate Risk High (and Maximum)
Risk Residential Programs, dated January 1996, in addition to the
Department of Juvenile Justice Residential Services Manual,
February 1997.
2.22.2 Food Service Menus
The PROVIDER shall ensure that program menus are in compliance
with the recommended dietary allowances (RDA) and the National
School Food Program. At least two of the daily meals will be hot
meals. The special food needs of youth shall be considered in the
development of the menu. Consideration shall be given to the
types of food that youth enjoy. Snacks shall be served during the
evening. No more than 14 hours shall elapse between the evening
meal and breakfast. Meal preparation shall take into
consideration food flavor, texture, temperature, appearance and
palatability. All meals shall be attractively served with hot
food served hot and cold food served cold. The serving of meals
shall be conducted under the direct supervision of designated
food service staff.
The PROVIDER shall plan menus on a quarterly cycle with weekly
segments. Menus shall be posted in the dining hall, and shall be
followed as closely as possible. In the event that a substitution
must be made, an item of equivalent nutritional value and taken
from the same food group shall be substituted. The Cycle Menus
shall be reviewed annually by a registered dietitian. Menus shall
include six special holiday meals each year. When a physician or
dentist has prescribed a special diet, the PROVIDER shall ensure
the meals shall be prepared according to the orders. Diet orders
shall be reviewed every 30 days and shall be continued with the
Doctor's/Dentist's approval.
2.22.3 Special Diets/Religious Considerations
The PROVIDER shall ensure when a youth has been prescribed a
special diet or religious beliefs require adherence to a special
diet, those needs shall be met.
2.22.4 Other Information
The PROVIDER shall not permit youth to trade or give away his
food. The PROVIDER shall ensures the standard menu shall not be
modified for any youth as a result of behavior. Food shall not be
withheld as punishment. Seconds or larger portions shall not be
provided as reward for good behavior.
The facility shall provide a food service section that ensures
the highest level of safety and sanitary practices. The food
service supervisor shall conduct daily safety and sanitary
inspections. The Okaloosa County Health Department shall conduct
quarterly sanitation and health code inspections. The most
current inspection report shall be maintained in the- dining
hall. Past reports shall be kept in the administrative office.
All violations shall be noted and corrected within the time
mandated.
Article 2.23 VISITATION PROGRAM
2.23.1 Visitation Program Information
Staff shall inform 100% of all youth of all available visitation
programs, and all youth shall have access to all visitation
programs. Frequent visits by family members and friends shall be
encouraged. The PROVIDER shall send an official letter to parents
and guardians which explains the visitation procedure.
The PROVIDER shall explain the Visitation Policy to each youth
during orientation. The visitation policy shall be included in
the resident handbook and shall be conspicuously posted for
review by youth, visitors, and staff. All visits are subject to
the visitation policy and may be suspended, or revoked, upon
violation of the policy. The minimum visitation period shall be
one hour per weekend. The PROVIDER shall ensure that families are
able to schedule visits on a flexible schedule, attend regularly
scheduled religious services at the facility, and participate in
family therapy and other appropriate counseling programs.
Visitation shall be denied to any person who has been denied
access to the program by court order. The PROVIDER shall deny
visitation to any relative whose visit may significantly
interfere with the behavioral or treatment progress of the youth.
The Facility Administrator shall be authorized to grant special
visits to parents/guardians of hospitalized youth; to clergy and
law enforcement officials, on an as needed basis.
The youth's attorneys, legal representatives, court officers, and
designated Department personnel shall be allowed unlimited visits
with the stipulation visits shall coincide with the visitation
policy. Any unannounced or unscheduled visits shall be documented
in the Program Log Book and may be subject to delay by the
PROVIDER. Visitation delays shall also be documented in the
Program Log Book.
The PROVIDER shall supervise and be available during visitation
periods. The PROVIDER shall ensure all visitors present proper
identification and sign the visitation log. The make and tag
number of each visitor's vehicle shall also be recorded in the
log book.
Article 2.24 RELIGIOUS PROGRAMS
2.24.1 Religious Program Performance Measure
The PROVIDER shall ensure all youth have access to religious
services and publications of their respective faith. Religious
publications shall be subject to review before allowed into the
facility. The PROVIDER shall provide proper space and atmosphere
for religious services Attendance shall be voluntary and all
youth shall be asked to designate religious preference.
ARTICLE 3
PROVISION OF SERVICES
Article 3.1 OPERATIONAL PLAN
3.1.1 Method of Service Provision
The Provider's Operational Plan shall be consistent with the
Program Goals and Objectives as described in the Department of
Juvenile Justice Residential Commitment Services Manual dated
February 1997 in addition to the Department of Juvenile Justice
Quality Assurance Manuals for Moderate Risk Residential Programs
and High and Maximum Risk Programs, (inclusive of the Standards
for Educational' Standards dated January 1997), dated January
1996 and as outlined in Exhibit B.
Article 3.2 LOCAL INTERAGENCY AGREEMENTS
For the provision of hospital and medical treatment beyond the
capabilities of onsite medical staff, the PROVIDER shall obtain
interagency agreements for these services with the North Okaloosa
Medical Center and Bridgeway Center Inc., Okaloosa County,
Florida. to supplement behavioral and mental health services. The
interagency agreement(s) shall be in effect beginning with the
admission of the first client Two copies of these agreement(s)
shall be provided to the Department contract Manager within 14
days of execution.
Article 3.3. OUTCOME MEASURES
The PROVIDER shall meet all program outcome measures as specified
in Appendix A.1, Halfway House for Male Youth, pages 7 and 8, and
in Appendix A.2, Intensive Halfway House for Male Offenders,
pages 6 and 7 of the Request for Proposal #P6P01. The PROVIDER
shall implement performance monitoring procedures to ensure the
facility and its residents are meeting their goals. The PROVIDER
shall assess program outcomes by implementing a system to monitor
the status and progress of graduates. The PROVIDER shall conduct
annual recidivism studies to establish the success rate of the
program based on the number of graduates who have avoided further
criminal activities. The PROVIDER shall conduct formal follow-up
studies of residents at three months, six months and one year to
document successful reentry into the community as part of the
follow-up.
Article 3.3.1 EVIDENCE OF COMPLIANCE WITH OUTCOME MEASURES
The PROVIDER shall document evidence of compliance with outcome
measures. Failure to achieve desired outcomes as specified in
Appendix A1 and A2 of the Request for Proposal #P6P01, and the
Department of Juvenile Justice Commitment Management and
Placement Manual, October 1996, may be cause for cancellation of
this contract.
Article 3.4 DATA COLLECTION
The PROVIDER shall develop and implement an organized system of
self-monitoring and evaluation that includes ongoing data
collection and documentation, storage, retrieval, reporting and
review to verify and evaluate the facility's level of services,
programming, contract compliance and performance, as well as
compliance with applicable AGA standards, National Commission on
Health Care standards; and the Department of Juvenile Justice
Quality Assurance Standards for Moderate Risk Residential
Programs, and High (and Maximum) Risk Residential Programs.
Dated January 1996.
Article 3.5 REFERRAL AND ADMISSION PROCEDURE
The PROVIDER shall accept, up to capacity, all youth referred by
the Department. Youth referred to the facility shall be assessed
and classified as moderate or high risk by the Department. The
PROVIDER shall review commitment records, conduct intake and make
appropriate placement based on Department criteria as defined in
the Department of Juvenile Justice Commitment Management and
Placement Manual, October 1996, and the Department of Juvenile
Justice Quality Assurance Standards for Moderate Risk Residential
Programs and High (and Maximum) Risk Residential Programs dated
January 1996.
Article 3.6 PROGRAM BEHAVIOR EXPECTATIONS
The PROVIDER shall, subject to review and approval of the
Department, construct program rules and regulations that are
targeted to the particular behaviors of this population. The
rules and regulations shall be included in the student handbook
and explained to youth at orientation. Sanctions shall focus on
ending unacceptable behaviors; helping the youth to understand
why his behavior was unacceptable; and
teaching new, more socially acceptable behaviors. Rules and
sanctions shall be appropriate to the age and functioning level
of the youth placed in the program.
Article 3.7 PROGRAM BEHAVIOR MANAGEMENT SYSTEM
3.7.1 Program Behavior Management System Performance Measures
a) 100% of all youth enrolled shall be familiarized with the
established and written grievance, discipline, and review
procedures;
b) 100'% of all youth shall participate in the behavior
management system;
c) 100'% of all youth shall comply with an established and
written dress code;
d) All youth shall be expected to adhere to program rules and
regulations, including the dress code, which shall be provided to
them at orientation.
3.7.2 Discipline
The PROVIDER shall ensure discipline teaches offending youth
socially acceptable behaviors and promotes positive mental
attitude through behavioral management.
All discipline shall be subject to the following limitations:
a) All consequences for violations of program rules must be
directly related to the seriousness of the inappropriate behavior
exhibited;
b) A youth's length of stay shall not be extended as a
disciplinary measure;
c) No youth shall be allowed to discipline other youth;
d) A group of youth shall never be disciplined or receive
sanctions for the misbehavior of an individual youth;
e) Imposition of disciplinary sanctions shall only be done by
staff who have the express authority to do so; and,
f) All disciplinary actions shall be in compliance with
Department policy and procedures and guidelines.
Article 3.8 USE OF FORCE
The PROVIDER shall use reasonable force when required for
self-defense, to prevent escape, to prevent injury to self or
others, to prevent damage to property, to quell a riot or serious
disturbance, or when a youth exhibits violent physical behavior
in response to a lawful and reasonable staff command. Use of
force shall be the last resort and shall occur only when all
other reasonable alternatives have been unsuccessful. Physical
force shall be used only to the degree necessary to control the
situation. The PROVIDER shall adhere to the FDJJ 8.03, Use of
Force Policy. PROVIDER Staff involved in the use of physical
force to control youth shall complete an incident report no later
than the conclusion of the tour of duty. All instances requiring
the use of physical force shall be followed up by counseling.
Specific documentation shall be provided that ensures all youth
are aware of their rights and procedures for filing a grievance.
If a literacy or language problem prevents a youth from
understanding his rights or the process for filing a grievance, a
staff member or translator shall be made available.
Article 3.9 GRIEVANCE PROCESS
The PROVIDER shall establish a list of Resident Rights for the
facility and shall ensure that youth in the facility have the
right to grieve the action of staff, conditions, or circumstances
in the facility which violate any of the established rights.
Youth rights shall include participation in the visitation
program; clean clothing, linen and personal care items;
reasonable access to telephones; uncensored mail from parent(s),
guardian(s) and other members of their immediate family; freedom
of religious affiliation; knowledge of rules, regulations, and
program schedules; fair discipline; access to health programs;
freedom of speech; access to legal assistance; and freedom from
unusual punishment.
The PROVIDER shall ensure written policy and procedure provide
for a phased grievance system, beginning with an informal
grievance appeal. In this phase a youth shall attempt to resolve
the complaint or condition through discussion with the staff
member on duty at the time of the grievance. To ensure staff
adherence to the grievance policy and procedures, the Treatment
Program Director for each program shall serve as the Grievance
Coordinator for the facility. Any problems or concerns about the
grievance policy or procedures may be referred to the Program
director of the respective program by staff or residents.
The PROVIDER shall ensure that, in the event a grievance is not
satisfactorily resolved through discussion, youth shall put the
grievance in writing within 24 hours, and submit it to the
supervisor of the staff involved. Should the grievance not be
resolved at this point, the second phase is a formal grievance
appeal to the shift supervisor. If the shift supervisor' s review
concludes that the complaint is appropriate, he or she shall
conduct an investigation. The shift supervisor shall have two (2)
hours to respond to the written grievance. The response shall be
in writing. If the decision is favorable to the grievant, the
shift supervisor will determine what action shall be taken to
rectify the situation. If the decision does not support the
grievance, it will automatically be forwarded to the Facility
Administrator.
The third phase directly involves the Facility Administrator or
duty officer who shall review all denied appeals within 24 hours
(excluding weekends and holidays). The Administrator may elect to
conduct a grievance conference, in which case the complainant
shall be permitted to select another youth or staff member to
help in the appeal to the Facility Administrator. Witnesses may
be called and written materials presented.
The PROVIDER shall notify all involved parties, in writing, of
the findings within 24 hours of the review. A copy of each
written grievance will be placed in the youth's file, and a copy
of all grievances filed in the facility shall be maintained by
the Facility Administrator.
Article 3.10 SCHEDULE OF YOUTH ACTIVITIES
See Chart at Exhibit C
Article 3.11 AGREEMENT/CONTRACT WITH LOCAL SCHOOL DISTRICT
The PROVIDER shall offer academic, GED, pre-vocational and
vocational classes in conjunction with the Okaloosa County School
Board and the Okaloosa-Walton Junior College.
Article 3.12 ASSESSMENT AND JOB PLACEMENT
The PROVIDER shall coordinate services with the Okaloosa County
Workforce Development Board to provide residents with extensive-
training in obtaining and retaining employment. The PROVIDER
shall work with the Workforce Development Board to access their
information on employment opportunities and maintain with them a
Job Placement Bank for use in placing residents. The PROVIDER
shall also contact local employers to assess the job market, and
shall maintain a resource directory of current employers in
Okaloosa and surrounding counties. This directory shall be
available to youth as part of their transition planning and
aftercare program.
Article 3.13 STAFF TRAINING PLAN PERFORMANCE MEASURES
100% of the PROVIDER staff shall participate in required
pre-service and in-service training, at a level appropriate to
their position, and will pass competency based tests prior to
assuming their positions; and, 100% of PROVIDER) staff shall
participate in annual refresher training.
Article 3.14 FACILITY STAFFING PLANS - HIGH AND MODERATE RISK
PROGRAMS
Staff shall be trained to understand how they can work together
in the best interest of the youth and specifically how their work
can support treatment. The PROVIDER ensures the training
curriculum shall be submitted to the Florida Department of
Juvenile Justice, Programs Office, for approval, both in terms of
content and number of hours, prior to the staff training phase of
facility start-up. Programs shall be planned to meet the needs of
each staff member and shall be relevant to his/her work with the
youth.
The PROVIDER shall tailor training specific to the facility, its
population and the special area of contracted services. The
curriculum shall be responsive to position requirements,
professional development needs, and current detention and
juvenile correctional issues. All staff shall be trained to
interact with the youth in a manner consistent with the security
needs of the facility and program needs of the youth in
compliance with the Department of Juvenile Justice Quality
Assurance Standards for Moderate risk Residential Programs and
High (and Maximum) risk Programs dated January 1996 guidelines
and requirements. All facility staff shall receive 40 hours of
pre-service training and orientation prior to facility opening.
Staff whose duties include direct supervision of the youth shall
be required to participate in an additional 120 hours of
pre-service training prior to being allowed to assume independent
post responsibilities. Support staff (e.g. maintenance) and
professional specialists shall receive 40 hours of additional
training during their first year of employment, and clerical and
administrative personnel receive 16 and 80 hours respectively
The PROVIDER shall-provide subsequent approved, advanced formal
training each year. Training shall be appropriate to the position
classification and responsibilities and shall meet the
requirements of applicable Department of Juvenile Justice Quality
Assurance Standards for Moderate Risk residential Programs and
High (and Maximum) Risk Residential Programs dated January 1996.
Training curriculum shall be delivered by individuals certified
in the topic area being trained. Trainees who fail to
satisfactorily complete the curriculum (as measured by written
tests and skill application tests) shall not be retained.
Applicants for employment shall be informed of this requirement
during the job interview.
The PROVIDER shall develop an operations manual that is reviewed
annually and updated as needed. The operations manual shall be
available to all staff and volunteers. Two copies of all manuals
and subsequent amendments and modifications shall be provided to
the Department Contract Manager within 30 days of contract
execution.
The PROVIDER shall administer a full post test battery of tests
assessments to each client that shall document the academic gains
and improvements in self-concept for each client.
3.15 Public Information and Media Access
The release of public information (through news media or
otherwise) in connection with the facility and program shall be
in the manner described in FDJJ 10.01, Media Access to Clients
and Client Information.
3.16 Scheduling and Coordination Functions
The PROVIDER Facility Administrator shall ensure there are no
conflicts in the daily schedules of youth and that no outside
appointments are missed, including court appearances and doctor's
appointments.
The PROVIDER shall ensure part time work assignments,
academic/vocational training, life skills instruction, commissary
hours and any other program activities scheduled for youth are
coordinated to meet program objectives.
The PROVIDER shall determine the exact nature of the treatment or
activity; the expected duration of the trip; and the degree of
public contact there will likely be. The PROVIDER shall ensure
the type and level of security and escort required before
transporting any youth. The PROVIDER shall ensure staff shall
coordinate any trips with staff at the destination point. Details
including expected time of arrival, duration of stay, and
necessary security and/or precautions shall be established in
advance of the trip. For court appearances, the staff member
shall keep a record of and log in the court order. For medical
appointments, the appropriate medical records will be obtained
and delivered to the medical practitioner. Housing unit staff
shall be notified a day in advance of off campus visits so that
the youth will be dressed properly and ready one hour prior to
the scheduled departure time.
3.17 Facility Maintenance Inspections and Drills
The PROVIDER shall develop and implement a sound safety and
sanitation program shall be in effect and operated in an
efficient manner through the use of a regular preventive
maintenance program. A housekeeping and maintenance plan shall be
implemented to ensure that the facility is clean, in good repair
and pest free. Disposal of refuse shall comply with all local,
state, federal and Department requirements. Trash shall be
collected and disposed of in a manner and as frequently as is
necessary to maintain good sanitary conditions.
The PROVIDER shall develop and implement a comprehensive
preventive maintenance program which includes testing and
servicing institutional property and equipment.
The PROVIDER shall be responsible for the overall maintenance of
the facility including: periodic scheduled inspections, minor
adjustments, and servicing of equipment and systems. All
inspections, problems and corrective action will be documented in
a log book set up for each piece of equipment. Destructive
insects, animals or vermin shall be managed by an aggressive
program of inspections and extermination. Minor pest control,
such as spraying shall be conducted monthly by a licensed pest
control contractor.
The PROVIDER shall provide a safe institutional environment for
all staff and residents through compliance with all applicable
codes and standards for sanitation, health, and life safety,
including the Life Safety Code of the National Fire Protection
Association (NFPA), or any local or state codes or regulations
that may exceed the NFPA code.
The PROVIDER shall develop, implement and ensure the operation of
a fire protection and life safety prevention program, a
comprehensive training program to cover all safety and sanitation
practices and emergency plans, a systematic schedule of
inspections and audits, and the proper placement and maintenance
of fire protection equipment throughout the facility.
The PROVIDER shall develop written evacuation plans to be used in
the event of a major emergency and the plan shall be submitted to
the Contract Manager prior to the entry of any youth on the
premises. The PROVIDER ensures each plan shall be reviewed
annually, updated as needed, reissued to local fire/law
enforcement officials and the Department. Evacuation or egress
plans shall be posted throughout the facility to show exit
routes, locations of fire extinguishers and first aid equipment.
Monthly unannounced evacuation drills shall be conducted, on each
shift, in all occupied locations of the facility. Drills shall be
recorded in fire drill logs.
ARTICLE 4
SPECIAL PROVISIONS
Article 4.1 Department-Furnished Property.
1. The DEPARTMENT shall furnish the Facility and equipment as
listed in Part A, Section B, of the contract.
2. Title to the Facility shall not be affected by the
incorporation into or attachment of any property not owned by the
DEPARTMENT. The PROVIDER shall keep the facilities free and clear
of all liens and encumbrances and except as otherwise authorized
by the DEPARTMENT shall not allow the use by others of any of the
facilities.
3. The PROVIDER may, with the written approval of the DEPARTMENT,
install, arrange, or rearrange, readily movable machinery,
equipment, and other items belonging to the PROVIDER. Title to
any such items shall remain in the PROVIDER even though it may be
attached to real property owned by the DEPARTMENT, unless the
DEPARTMENT determines that it is so permanently attached that
removal would cause substantial injury to Department-furnished
property.
4. The PROVIDER shall not construct or install, at its own
expense, any fixed improvement or structural alterations in
Department buildings or other real property without advance
written approval of the DEPARTMENT. Fixed improvement or
structural alterations, as used herein, means any alteration or
improvement in the nature of the building or other real property
that, after completion, cannot be removed without substantial
loss of value or damage to the Facility.
5. Notice of use of the Facilities. The PROVIDER shall notify the
DEPARTMENT in writing whenever any item of the Facility is no
longer needed or usable for performing existing related contracts
that authorize such use.
6. Property Control. The PROVIDER shall maintain property control
procedures, records, and a system of identification of the
Facility.
7. The PROVIDER shall keep records of all work done on the
Facility and shall give the DEPARTMENT reasonable opportunity to
inspect such records. PROVIDER shall deliver the related records
to the Department where and when requested.
8. If the PROVIDER receives the Facility in a condition not
suitable for the intended use, the PROVIDER shall, within 30 days
after receipt and installation thereof, so notify the DEPARTMENT,
detailing the facts, and, as directed by the DEPARTMENT and at
DEPARTMENT expense, either (1) return such item or otherwise
dispose of it or (2) effect repairs or modifications. An
appropriate equitable adjustment may be made in the
contract if the property is verified by the DEPARTMENT to not be
in a condition suitable for its intended use.
9. The DEPARTMENT may at any time, upon written notice, terminate
or limit the PROVIDER's authority to use any of the facilities.
Except as otherwise provided in the Termination for Cause clause
of this contract, an equitable adjustment may be negotiated.
10. The PROVIDER shall within a reasonable time remove all of its
property from the DEPARTMENT property and take such action as the
DEPARTMENT may direct in writing with respect to restoring such
DEPARTMENT property, to the extent that it is affected by the
installation of the PROVIDER's property, to its condition before
such installation, excepting reasonable wear and tear.
11. Upon completing this contract, the PROVIDER shall follow the
instruction of the DEPARTMENT regarding the disposition for all
Department-furnished property.
Article 4.2 Health Care Services.
The PROVIDER shall pay for and supply all health care services
for youth in the program.
The PROVIDER shall establish written agreements with
health/mental health providers to insure availability of
necessary and appropriate health/mental health services for youth
in custody. The health care agreements(s) shall be executed
within 60 days of the execution of this contract.
Medicaid Reimbursable Expenses: The PROVIDER shall obtain
reimbursement from Medicaid for all expenses eligible for
Medicaid reimbursement.
Expenses not Reimbursable by Medicaid: For expenses that are not
eligible for Medicaid reimbursement, the PROVIDER shall make
reasonable attempts to have parents, guardians, insurance, or any
other source assume payment responsibility. If such health care
cost of youth is in excess of $7,500.00 per youth (maximum cost)
the DEPARTMENT will be responsible for paying the cost of
services in excess of the maximum cost. The PROVIDER shall obtain
DEPARTMENT approval prior to the rendering of the services where
the expenses exceed the maximum cost. Such prior approval is not
required where the service to be provided is in response to a
life-threatening or potentially life threatening illness, injury,
or event where attempts to obtain DEPARTMENT approval would
affect the well being of the youth.
Article 4.3 Prescriptive Medical Property. The client has title
to prescriptive medical personal property purchased by the
DEPARTMENT and for use and benefit of the client and the
DEPARTMENT.
Article 4.4 Insurance. The PROVIDER shall obtain at his own
expense, provide proof of, and maintain during the entire
contract period the following minimum kinds of insurance which
may be in addition to other insurance requirements contained
elsewhere in this contract or related contract documents. Minimum
coverage includes:
(1) Workers' Compensation and Occupational Coverage in accordance
with statutory limits. Employers liability coverage with a
minimum limit of $100,000.00.
(2) Comprehensive General Liability. Minimum of $500,000.00 per
occurrence.
(3) Automobile liability. Liability Insurance shall be required
on the comprehensive form of policy and shall provide bodily
injury liability and property damage liability covering the
operation of all automobiles used in connection with performance
of the contract. The limits of liability shall be no less than
$200,000.00/$500,000.00 for Bodily Injury, and no less than
$200,000.00 per occurrence for Property Damage.
(4) Bonding. Ten (10) days prior to the effective date of the
contract, the PROVIDER shall furnish an insurance bond to cover
all officers, employees and agents of the PROVIDER authorized to
handle funds received or disbursed under this contract. The bond
shall be twice the amount of the monthly cash flow, or a greater
amount commensurate with the funds handled and the degree of risk
as determined by the surety company as is consistent with good
business practices.
Certificate of Insurance and Cancellation. During the performance
of services hereunder, PROVIDER shall maintain the plan of
insurance and submit a Certificate of Insurance to the DEPARTMENT
for the mutual protection and benefit of it and the DEPARTMENT,
naming the DEPARTMENT as co-insured and entitled to all notices
issued under the policy, to cover claims that may arise out of or
result from PROVIDER's operation and services hereunder, whether
same be by PROVIDER or a subcontractor or by anyone directly or
indirectly employed by any of them, or by anyone for whose acts
any of them may be liable. The DEPARTMENT shall be notified at
least 30 days in advance of cancellation, non-renewal or adverse
change in the coverage. New Certificates of Insurance are to be
provided to the DEPARTMENT at least 15 days after receipt by
PROVIDER.
Article 4.5 Defense/Immunity. By entering into the Contract,
neither the State, DEPARTMENT, nor PROVIDER waives any immunity
defense which may be extended to them by operation of law.
Article 4.6 Notice of Claims. Within ten (10) calendar days after
receipt by the DEPARTMENT Contract Manager of a summons in any
action of notice of claim, the DEPARTMENT shall notify PROVIDER
in writing of the commencement thereof.
Article 4.7 Waiver. No waiver of any breach of any of the terms
or conditions of the Contract shall be held to be a waiver of any
other or subsequent breach; nor shall any waiver be valid or
binding unless the same shall be in writing and signed by the
party alleged to have granted the waiver.
Article 4.8 Juvenile Offender Fees. The PROVIDER shall not assess
daily participation fees on Juvenile Offenders assigned to the
Facility. However, this provision shall not affect the PROVIDER's
right to seek restitution and other property related damages from
clients enrolled in the program. Any and all contributions by the
parents or legal guardians toward the cost of essential care
shall be paid to the DEPARTMENT and not the PROVIDER.
Article 4.9 confidentiality. The PROVIDER shall maintain
confidentiality of all information concerning the client and his
family pursuant to Section 39.045.
Article 4.10 Access to the facility. The DEPARTMENT shall have
access at all times, with or without notice, to Juvenile
Offenders and staff and to all areas of the Facility.
Article 4.11 Accreditation. The PROVIDER shall obtain ACA
accreditation for the Facility within 18 months of the Services
Commencement Date unless said time is extended in writing by the
DEPARTMENT. If the PROVIDER is prevented from obtaining ACA
accreditation for the facility by some action or inaction on the
part of the DEPARTMENT, any State of Florida Agencies or other
persons outside the PROVIDER's control, said time may be extended
in writing by the DEPARTMENT. Any contract renewal shall be
contingent upon ACA accreditation. Failure to obtain
accreditation within the time set forth herein may be considered
by the DEPARTMENT as a breach of this contract.
Article 4.12 Prior Approval of Subcontractors. The PROVIDER shall
obtain written approval from the DEPARTMENT prior to
subcontracting any direct (juvenile) care services contemplated
under this contract. Request(s) for approval of direct care
contractors shall be submitted to the DEPARTMENT Contract
Manager. For non-direct care services, the PROVIDER shall give
prior written notice to the DEPARTMENT. Written notice of
non-direct care subcontractors shall be submitted to the
DEPARTMENT Contract Manager.
Article 4.13 Third Parties. This contract is made for the sole
benefit of the DEPARTMENT and the PROVIDER. Neither the
DEPARTMENT nor the PROVIDER intend by this contract to create or
confer any legally enforceable rights or benefits to any third
party, including, but not limited to, any juvenile offender or
any parent or legal guardian of a juvenile offender.
Article 4.14 Dissociation of Interest. THE PROVIDER shall not
sell, transfer, mortgage, encumber, grant concessions or licenses
or sublease in whole or in part or otherwise dispose of any
interest in equipment used to operate the program without the
express written consent of the DEPARTMENT.
ARTICLE 5
CONTRACT TYPE, TERM, AND METHOD OF COMPENSATION
Allowable and appropriate cost principles for this contract are
those defined by reference in: OMB Circulars A-87 for state and
local governments; A-21 for institutions of higher education; and
48 Code of Federal Regulations (CFR) Chapter 1, Subpart 31.2 for
commercial organizations other than hospitals.
Article 5.1 Contract Type. This is a fixed-price unit price type
contract. A unit is a filled bed. A bed is considered filled for
each full day a youth is assigned to the program by the
DEPARTMENT. A full day unit (filled bed) consists of 24
consecutive hours of client service.
Article 5.2 Term. The term of the Operational contract will be
for a period of five years.
Article 5.3 Start-up Period. The PROVIDER will be reimbursed for
allowable start-up costs incurred during this period as set forth
in the Request for Proposal #P6P01, pages 18 and 19, and in
Section G, Core Contract.
Article 5.4 Start-up Costs. Start-up costs are described in
Section B, Project Budget Summary.
Article 5.5 Compensation and Per Diem Rates. The contract shall
be subject to the per diem rates and not-to-exceed yearly amounts
as set forth in the table below:
30-Bed Moderate Risk Program
Per Not-To
Diem Exceed Amount
Year One 71.17 $779,310.00
Year Two 73.66 $806,586.00
Year Three 76.2 $834,817.00
Year Four 78.91 $864,036.00
Year Five 81.67 $894.277.00
TOTAL $4,179,026.00
35-Bed High Risk Program
Per Not to
Diem Exceed Amount
Year One 86.69 $1,107,474.00
Year Two 89.72 $1,146,236.00
Year Three 92.87 $1,186,354.00
Year Four 96.12 $1,227,876.00
Year Five 99.48 $1,270,852.00
TOTAL $5,938,792.00
The Operational contract may be renewed on a yearly basis for no
more than two (2) years or for a period no longer than the
original contract and are subject to specific legislative
appropriation. Renewals for contractual services shall be in
writing and shall be subject to the same terms and conditions set
forth in the initial contract Renewal prices shall not exceed the
amounts below:
30-Bed Moderate Risk Program
Per Not-To
Diem Exceed Amount
Year One 84.53 $925,577.00
Year Two 87.49 $957,972.00
Year Three 90.55 $991,501.00
Year Four 93.72 $1,026,204.00
Year Five 97.00 $1,062,121.00
TOTAL $4,963,375.00
35-Bed High Risk Program
Per Not to
Diem exceed amount
Year One 102.96 $1,315,332.00
Year Two 106.57 $1,361,369.00
Year Three 110.29 $1,409,017.00
Year Four 114.16 $1,458,333.00
Year Five 118.15 $1,509,375.00
TOTAL $7,053,426.00
The Department will make payment for a minimum utilization rate
of 50% in each program. Service units provided above the 50%
minimum will be paid on a filled basis. The PROVIDER shall
consistently, without interruption, maintain the capacity to
deliver the maximum number of service units allowed by this
contract, for each program.
For both the High-Risk and Moderate-Risk Residential Programs,
the PROVIDER shall calculate the monthly invoice as follows:
(Maximum Service Capacity x 50%) x (Specified Per Diem Rate) +
(Number of Units of Service Delivered Above 50% Minimum) x
(Specified Per Diem Rate) = Total Invoice Amount.
The maximum number of High Risk Residential filled beds shall be
35. The maximum number of Moderate Risk filled beds shall be 30.
(a) Invoice Requirements: The provider shall request payment on a
monthly basis through submission of a properly completed invoice
within ten (10) days following the end of the month for which
payment is being requested. One invoice may be utilized for
payment requests for both programs.
(b) Payment may be authorized only for allowable expenditures on
the invoice which are in accordance with the limits specified in
the approved line item budget as indicated in Appendix 7.
(c) Start- Up Costs Documentation of all expenses incurred under
this contract for Start-Up shall be retained by the provider for
a period of five years after the ending date of the contract
pursuant to Chapter 95.11, F.S. Documentation includes, but is
not limited to, the following:
Service Delivery Documentation:
1) Professional Services Fees on a Time/Rate Basis: The invoice
shall include general statement of the services being provided.
The time period covered by the invoice as well as the hourly rate
times the number of hours worked must be stated. If the provider
is not working 100% of his or her time on the contract, the
payroll registers, timesheets, or a time log detailing the hours
represented on the invoice is required and should be submitted as
backup documentation.
2) Postage and Reproduction Expenses: Purchases made from
outside vendors shall be supported by paid in-voices and/or
receipts. Purchases for all in-house postage (i.e. postage meter)
and reproduction expenses shall be supported by usage logs or
similar documentation.
3) Expenses: The PROVIDER shall retain receipts for all
expenses incurred, (i.e. office supplies, printing, long distance
telephone calls, etc).
4) Travel: A DJJ Travel Voucher (Form FA001) or state approved
equivalent must be submitted to the department when travel
expenses are requested. Original receipts for items such as
car rental, air transportation, parking, lodging, tolls and fares
are required for reimbursement of these items. Travel costs will
be reimbursed on an actual cost or mileage basis pursuant to DJJ
Regulation 40-1 and in accordance with the travel policies
outlined in Section 112.061, F.S.
5) A DJJ Travel Voucher (Form FA001) or a state approved
equivalent, and an Authorization to Incur Travel Expenses (Form
FA001) or a state approved equivalent, with a copy of the
conference agenda must be submitted to the department for
reimbursement for conference travel. The benefits to the state
must be documented on the Form FA001 for payment to be
reimbursed.
Prior approval must be obtained from the contract manager for
out-of-state travel and all conference related expenses on the
Form FA001 or the state approved equivalent.
Article 5.6 Billings and Compensation. Invoices for compensation
based upon the established per diem rates and admissions to the
Facility shall be submitted monthly to the Contract Manager by
the 10th of the month following the month services were rendered,
in a format prescribed by the DEPARTMENT.
Article 5.7 Service Provision Documentation. The PROVIDER shall
maintain records documenting the total number of recipients and
names (or unique identifiers) of recipients to whom services were
provided and the date(s) on which services were provided, so that
an audit trail documenting service provision is available.
Article 5.8 Employment of Illegal Aliens. The Department shall
consider the employment by any contractor of unauthorized aliens
a violation of Section 274A (e) of the Immigration and
Nationalization Act. Such violation shall be cause for unilateral
cancellation of this contract.
Article 5.9 Time of Performance for Part A. The Operational
phase, PART A, of this contract shall commence only after final
acceptance of the completed facility by the DEPARTMENT. The
DEPARTMENT will issue a Notice to Proceed within 30 days
following acceptance of the facility. Upon issuance of the Notice
of the Proceed, the PROVIDER shall commence operations within 10
calendar days The programs shall be fully capable of accepting
10% capacity as of the first performance day of the operational
capacity and will be fully capable of accepting up to 6O beds
over capacity within 30 days from the first day of the
operational phase, and be fully capable of accepting up to 100%
of capacity within 45 days from the first day of the operational
phase.
PART B - SECTION A
DESIGN-BUILD CONSTRUCTION TERMS AND CONDITIONS
ARTICLE 1
THE DESIGN-BUILD TEAM AND EXTENT OF AGREEMENT
The PROVIDER, as defined by the signature on this contract,
accepts the relationship of trust and confidence established
between it and the OWNER, hereinafter called the DEPARTMENT,
by this Agreement. The PROVIDER covenants with the DEPARTMENT
furnish its best skill and judgment and to cooperate in
furthering the interests of the DEPARTMENT The PROVIDER
agrees to furnish efficient business administration and
superintendence and to use its best efforts to complete the
project in the best and most sound way and in the most
expeditious and economical manner consistent with the
interest of the DEPARTMENT.
1.1 The DESIGN-BUILD TEAM - The PROVIDER and the DEPARTMENT
called the "DESIGN-BUILD TEAM", shall work jointly during
design and through final construction completion and shall be
available thereafter should additional services be required.
The DESIGN BUILD FIRM shall provide leadership during the
design phase with direction from the DEPARTMENT.
The specific representatives of the DESIGN-BUILD TEAM are
listed in the attached Exhibit A.
1.2 Architect/Engineer - Architectural and engineering
services shall be performed by licensed, independent design.
professionals retained by the PROVIDER or furnished by
licensed employees of the PROVIDER The person or entity
providing architectural and engineering services shall be
referred to as the Architect/Engineer. If the
Architect/Engineer is an independent design professional, the
architectural and engineering services shall be procured and
payments made pursuant to a separate agreement between the
PROVIDER and the Architect/Engineer. The architectural and
engineering services are independent of the work or services
provided directly by the PROVIDER. The Architect/Engineer for
the Project is The Scott Partnership Architecture, Inc., 1900
Summit Tower Blvd., Suite 260, Orlando, Florida 32810.
1.3 Extent of Agreement - This Agreement for THE DESIGN AND
CONSTRUCTION OF "A MODERATE RISK RESIDENTIAL PROGRAM AND A HIGH
RISK RESIDENTIAL PROGRAM," between the DEPARTMENT and the
PROVIDER, supersedes any prior negotiations, representations or
agreements. When drawings, specifications and other descriptive
documents defining the work to be included under a construction
authorization are complete, they shall be identified in the
construction authorization issued by the Project Manager. The
contract documents consist of this Agreement, the RFP package
dated October 2, 1996, conditions of the contract (General,
Supplementary and other conditions), the provider's proposal
response (Step One dated October 22, 1996 and Step Two Date
December 5, 1996), Modifications to provider's proposal response
(see SECTIONS B through G), the drawings and the specifications
to be made by the PROVIDER and approved by the DEPARTMENT, all
addenda issued prior to execution of this Agreement and all
Modifications issued subsequent thereto. These form the Contract,
and all are as fully a part of the contract as if attached to
this Agreement or repeated herein. If there are any conflicts
between this Agreement and other contract documents, this
Agreement shall control or the document with the latest date
approved by the DEPARTMENT.
This Agreement shall not be superseded by any provisions of the
documents for construction and may be amended only by written
instrument signed by both DEPARTMENT and PROVIDER.
1.4 Definitions:
Project - The project is the total work to be performed under
this Agreement. The project consists of planning, design,
permitting, construction and code inspection for "A MODERATE RISK
RESIDENTIAL PROGRAM AND A HIGH RISK RESIDENTIAL PROGRAM",
necessary to build the component parts of the project Identified
in Exhibit B.
DEPARTMENT- State of Florida, Department of Juvenile Justice,
acting through its Secretary or those persons designated by the
Secretary to act in his behalf.
Permitting Authority - The Permitting Section, Division of
Building Construction, DEPARTMENT of Management Services, State
of Florida, Building 4030, Suite 315, 4050 Esplanade Way,
Tallahassee, Florida 32399~950, Telephone (904)488-2856. The
Permitting Section issues building permits and is responsible for
code inspections on projects administered by the DEPARTMENT.
PROVIDER - The PROVIDER is responsible for the Design and
Construction of the Project. The PROVIDER is Correctional
Services Corporation, it's successors or assigns.
Project Manager - The person designated by the DEPARTMENT to
provide direct interface with the PROVIDER with respect to the
DEPARTMENT's responsibilities. (See Exhibit A)
DEPARTMENT's Representatives - The Project Manager and his
superiors or designees.
Estimate - The Provider's latest estimate of probable project
construction cost.
1.5 DEPARTMENT's Design and Construction Budget DEPARTMENT's
funds budgeted and requested for design and construction of the
Project. The DEPARTMENT's Design and Construction Budget is
identified in Exhibit B, including all PROVIDER fees, costs of
the work and the DEPARTMENT's and PROVIDER's design, construction
and interface contingencies as defined in Articles 8 and 9. This
acknowledgment of the DEPARTMENT's budgeted funds is not to be
construed as the PROVIDER's Guaranteed Maximum Price.
A(guaranteed Maximum Price will be offered by separate
documentation as outlined in Article 7.
ARTICLE 2
PROVIDER'S SERVICES
2.1 Services to be provided by the PROVIDER shall include,
but are not limited to, those described or specified
herein. The services described or specified shall not be
deemed to constitute a comprehensive specification having
the effect of excluding services not specifically
mentioned.
2.1.1 CRITICAL PATH METHOD SCHEDULING
(1) Within fourteen (14) calendar days after receipt of notice to
proceed, provide a summary time scaled network diagram for the
project. Include a detailed network description.
(2) Show the critical path graphically on the summary network.
Utilize elements of work in CSI format. Additionally, provide
documentation using Microsoft Project Version 4.1 for WINDOWS.
All future schedule submittals shall include two (2) copies of
the data diskettes, 1.44 megabyte media, containing the updated
schedule in addition to other submittals required in this
section.
(3) The PROVIDER's detailed schedule must reflect the following
anticipated adverse weather delays on all weather dependent
activities. For the duration of this contract the following
defines the monthly anticipated adverse weather delays:
Monthly Anticipated Adverse Weather Calendar Days
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
07 06 10 10 02 12 15 11 17 08 07 11
(4) In order to demonstrate delay as the result of unusually
severe weather, the PROVIDER must demonstrate that critical path
activities have been delayed more calendar days than defined in
the above chart. In order to be considered a day of delay, the
PROVIDER must demonstrate that work was prevented on critical
path activities for more than 50% of the day as the result of
adverse weather.
(5) Within ten (10) working days after receipt of the initial
schedule diagram, scheduling software and data diskettes, the
DEPARTMENT will meet with the PROVIDER for joint review
correction, and/or adjustment of the proposed plan and schedule.
Within five (5) working days after the joint review, revise the
diagram in accordance with agreements reached during the joint
review and submit two (2) copies of the revised schedule and data
diskettes to the DEPARTMENT. The resubmission will be reviewed by
the DEPARTMENT and, if found to be adequate, will be approved; an
approved copy of the diagram only will be returned to the
PROVIDER. After the PROVIDER has received both the notice to
proceed and the approved copy of the diagram, he shall
immediately substitute calendar dates on the network diagram in
lieu of the number of days from date of notice to proceed and
shall furnish three (3) copies of the diagram as revised to the
DEPARTMENT. The diagram, as approved by the Project Manager,
shall constitute the project work schedule until subsequently
revised in accordance with the requirements of this section. The
approved diagram becomes the contract schedule and shall not be
considered changed unless change is approved by the DEPARTMENT.
2.1.2 DETAILED ARROW DIAGRAM REQUIREMENTS
The detailed arrow diagram shall show the sequence and
interdependence of activities required for complete performance.
In preparing the arrow diagram, break up the work into activities
of a duration of no longer than fifteen working days each, except
for nonconstruction activities (such as procurement of materials
and delivery of equipment) and any other activities for which the
DEPARTMENT may approve the showing of longer duration. The
selection and number of activities will be subject to the
approval of the DEPARTMENT. The diagram shall show not only the
activities for actual construction work for each trade category
of the project, but also all other activities that affect
progress, such as including submittal schedule; submittal of shop
drawings, equipment schedules, templates, fabrication, delivery
and the like; the Government's review and approval of shop
drawings, equipment schedules and templates; and the anticipated
adverse weather calendar days. Show activity duration (i.e., the
single best estimate, considering the scope of the activity and
the resources planned for the activity) for each activity on the
diagram. Failure to include any element of work required for the
performance of this contract shall not excuse the PROVIDER from
completing all work required within any applicable completion
date, notwithstanding the DEPARTMENT's approval of arrow
diagrams. The activities shall be computer coded so that each
responsible subcontractor can be shown separately as well as
cumulatively, no PROVIDER request for payment will be approved
after notice to proceed unless the detailed schedule, program,
and associated data diskettes have been submitted and approved.
2.1.3 ARROW DIAGRAM SUPPORTING DATA
(1) Furnish the following supporting data with the arrow diagram:
(a) Cost estimate for each activity. The total of all activity
costs shall equal the contract price.
(b) Other data such as the proposed number of working days per
week, manpower allocation by crew size and type, the planned
number of shifts per day and the number of hours per shift.
(2) Furnish with the arrow diagram and each revision thereto
which affects the contract time, cash flow in a suitable scale
indicating graphically the total percentage of activity dollar
value, scheduled to be in place based on both early and late
finish dates.
2.1.4 COMPUTER-PRODUCED SCHEDULE REQUIREMENTS
2.1.4.1 Furnish with the arrow diagram, and each revision thereof
a computer-produced schedule showing the following minimum data
for each activity:
(1) Activity beginning event number.
(2) Activity ending event number (mandatory only when l-J format
is used).
(3) Activity description.
(4) Activity duration estimate.
(5) Activity cost estimate.
(6) Trade code (responsibility code including PROVIDER,
subcontractor, supplier and DEPARTMENT).
(7) Early start-date - by calendar date.
(8) Early finish date - by calendar date.
(9) Late start date - by calendar date.
(10) Late finish date - by calendar date.
(11) Actual start date - by calendar date.
(12) Actual finish-date - by calendar date.
(13) Total float.
(14) Percent completed.
2.1.4.2 As a minimum, the following computer-produced report
sorts of the basic activity data shall be supplied with clear
identification on the first page of each report:
(1) Activity listing by number sequence.
(2) Activity sort by total float-early start date-early finish
date.
(3) Activity sort by trade - early start date - total float.
(4) PROVIDER's monthly payment request sorted by responsibility.
2.1.5 PROGRESS REPORTING AND CHANGES
2.1.5.1 Once each month, prepare and submit to the Project
Manager a revised detailed scheduled diagram, and two (2) copies
of associated data diskettes showing all changes to network
logic, including but not limited to changes in activity
duration, and revised activity cost estimates as the result of
contract modifications, changes in activity sequence and any
changes in contract completion dates which have been approved
within this section since the last revision of the arrow
diagram. Revisions causing changes in the detailed network shall
be noted on the summary network, or a revised issue of affected
portions of the detailed network furnished. Also submit a
complete listing of all changes in activity description,
duration, logic or coding made since the previous schedule
submittal. Revise the summary network as necessary for the sake
of clarity. However, only the initial submission or completed
revisions need be time scaled. Subsequent revision need not be
time scaled.
2.1.5.2 Once each month, prior to the date specified by the
Project Manager for submission of updated computer-produced
calendar-dated schedule, make entries on the preceding
computer-produced calendar-dated schedule:
(1) Show actual progress and percent completed of those activities in progress.
(2) Identify those activities started and those completed during the previous
period.
(3) Show the estimated time required to complete each activity
stated but not yet completed.
(4) Reflect any changes in the arrow diagram.
2.1.5.5 At least once each month, submit for approval an updated
computer-produced calendar dated schedule and two (2) copies of
the associated data diskettes.
2.1.5.5 "Float" is defined as the amount of time between the
early start date and the late start date, or the early finish
date and the late finish date, of any activity in the project
schedule. Total float is defined as the amount of time any given
activity or path of activities may be delayed before it will
affect the project completion time. Float is not time for the
exclusive use or benefit of either the DEPARTMENT or the
PROVIDER, but must be used in the best interest of completing the
project on time. Extensions of time for performance required
under the contract pertaining to equitable time adjustment will
be granted only to the extent that the equitable time adjustment
exceeds total float in the activity or path of activities
affected at the time notice to proceed was issued for the change.
2.1.5.6 In addition to the foregoing, submit a narrative report
once each month with the updated schedule in a form agreed upon
by the PROVIDER and the DEPARTMENT. Include a description of the
progress reporting the last month in terms of activities
completed or in progress, a description of problem areas, current
and anticipated delaying factors and their estimated impact on
the cost of performance of other activities and completion dates,
and an explanation of corrective action taken or proposed.
2.1.6 PAYMENTS TO PROVIDER
(1) The PROVIDER shall be entitled to progress payment only upon
approval of estimates as determined from the updated
computer-produced schedule revised, submitted and approved for
month of current invoice.
(2) If the PROVIDER fails to submit the arrow diagram and
computer produced schedule within the time frame prescribed, or
the updated monthly schedule within the time requested, the
DEPARTMENT may withhold approval of progress payments until such
time as the PROVIDER submits the required schedules.
2.1.7 RESPONSIBILITY FOR COMPLETION
(1) If, in the opinion of the DEPARTMENT, the PROVIDER falls
behind the progress schedule, the PROVIDER shall take any and all
steps necessary to improve his progress at no additional cost to
the DEPARTMENT, such as the following:
(a)Increase construction manpower in such quantities and crafts
as will substantially eliminate the lag in scheduled progress;
(b)Increase the number of working hours per shift, shifts per
working day, working days per week, or the amount of construction
equipment, or any combination of the foregoing; and/or
(c) Reschedule sequence activities to achieve maximum practical
concurrent accomplishment of work activities.
(2) The DEPARTMENT may also require the PROVIDER to submit for
approval and at no additional cost to the DEPARTMENT such
supplementary progress schedules as may be deemed necessary to
demonstrate the manner in which the approved progress schedule
will be regained.
(3) Failure of the PROVIDER to comply with the requirements of
the DEPARTMENT under this paragraph shall be grounds for
determination by the DEPARTMENT that the PROVIDER is not
prosecuting the work with such diligence as will ensure
completion within the time frame specified. Upon such
determination the DEPARTMENT may terminate the PROVIDER's right
to proceed with the work, or any severable part thereof, in
accordance with the applicable provisions of the contract.
2.1.8 PROJECT MANUAL
(1) Upon award of contract the Contractor shall
develop a draft comprehensive Project Manual describing the
services set forth in this Contract. This shall provide a plan
for the control, direction, coordination and evaluation of work
performed throughout the project organization including
identification of Key personnel, responsibilities of Contractor,
Owner and Architect/Engineer; work flow diagrams; and strategy
for bidding the work. The Project Manual shall be updated as
necessary throughout the design, construction and Owner occupancy
phases. Five copies of the Project Manual and any updates shall
be submitted to the Owner and Architect-Engineer. In developing
the Project Manual, the Contractor shall coordinate with the
Owner and the Architect-Engineer.
(2) Contents of Project Manual - The Project Manual shall
describe in detail the procedures for executing the work and the
organizations participating. The Project Manual shall include as
a minimum the following sections:
(a) Project Definition - The known characteristics of the project
or subprojects shall be described in general terms which will
provide the participants a basic understanding of the project or
sub-projects.
(b) Project Goals - The schedule, budget, physical, technical and
other objectives for the project shall be defined.
(c) Project Strategy - A narrative description of the project
delivery methods shall be utilized to accomplish the project
goals.
(d) Project Work Plan - A matrix display of the program of work
to be performed by the Contractor, the Architect-Engineer and the
Owner during each phase of the project.
(e) Project Organization - A summary organization chart showing
the interrelationships between the Owner, the Contractor and the
Architect-Engineer, and other supporting organizations and
permitting review agencies. Detailed charts, one each for the
Contractor, the Architect-Engineer, the Owner showing
organizational elements participating in the project shall be
included.
(10) The PROVIDER shall utilize a computer aided design (CAD)
software and shall provide the DEPARTMENT with one set of disk
files of the final design and documents. Files will be .DFX (or
AutoCad Release 13.0) files format or completely translatable to
.DFX file format, and will include all text, dimension, data and
symbol files used to assemble the final documents. Disk files
shall be 1.44 megabyte media, and shall be appropriately labeled
with the contents of each disk. The PROVIDER shall also include a
directory of the layers used and the identification of each
layer.
2.2.1.3 Construction Phase - General Administration of
Construction:
(1) The Design Professional shall make decisions on all matters
relating to the execution and progress of the work or the
interpretation of the Contract Documents. The Design Professional
shall check and approve samples, schedules, shop drawings and
other submissions only for conformance with the design concept of
the Project and for compliance with the information given by the
Contract Documents, prepare Change Orders and assemble written
guarantees required of the PROVIDER.
(2) The Design Professional will make periodic visits to the site
to become familiar, generally with the progress and quality of
the work and to determine, in general, if the work is proceeding
in accordance with the Contract Documents. The minimum periodic
visits shall be as prescribed in the attached Exhibit N, which
Exhibit N by reference and attachment hereto forms a part of this
Agreement The Design Professional will not be required to make
exhaustive or continuous on-site inspections to check the quality
or quantity of the work The Design Professional will not be
responsible for the techniques or sequences of construction or
the safety precautions incident thereto, and will not be
responsible for the PROVIDER's failure to carry out the
construction work in accordance with the Contract Documents. On
the basis of its observations as a qualified professional while
at the site, he will keep the DEPARTMENT informed, in writing, of
the progress of the work, will endeavor to guard the DEPARTMENT
against defects and deficiencies in the work of PROVIDER's and
may reject work as failing to conform to the Contract Documents.
Based on such observations and the PROVIDER's Applications for
Payment, he will determine the amount owing to the PROVIDER and
will issue Certificates for Payment in such amounts. These
Certificates will constitute a representation to the DEPARTMENT,
based on such observations and the data comprising the
Application for Payment, that the work has progressed to the
point indicated.
(3) By issuing a Certificate for Payment, the Design Professional
will also represent to the DEPARTMENT that, to the best of the
Design Professional's knowledge, information and belief based on
what its observations have revealed, the quality of the work is
in accordance with the Contract Documents. The Design
Professional will conduct inspections to determine the dates of
substantial and final completion and issue a final Certificate of
Payment.
2.2.2 Design Review and Recommendations by Construction Team
(1) Review and Recommendations - The PROVIDER's construction
personnel shall familiarize themselves thoroughly with the
evolving architectural, civil, mechanical, plumbing, electrical,
and structural plans and specifications and shall follow the
development of design from Preliminaries through Working
Drawings. They shall make recommendations to the designers with
respect to the selection of systems and materials, and cost
reducing alternatives including assistance to the DEPARTMENT in
evaluating alternative comparisons versus long term cost effects.
The evaluation shall speak to the benefits of the speed of
erection and early completion of the project. They shall furnish
pertinent information as to the availability of materials and
labor that will be required. They shall call to the PROVIDER's
designers attention any apparent defects in the design, drawings
and specifications or other documents. They shall prepare an
estimate of the construct/on cost utilizing the unit quantity
survey method.
(2) Long Lead Procurements - The PROVIDER's construction
personnel shall review the design for the purpose of identifying
long lead procurement items (machinery, equipment, materials and
supplies). When each item is identified, the PROVIDER shall
notify the subcontractors and the Project Manager of the required
procurement and schedule. Such information shall be included in
the bid documents and made a part of all affected sub-contracts.
As soon as the PROVIDER has completed drawings and technical
specifications and the PROVIDER has obtained permitting approval,
the PROVIDER shall prepare invitations for bids. The PROVIDER
shall keep informed of the progress of the respective
subcontractors or suppliers manufacturing or fabricating such
items and advise Project Manager and DEPARTMENT of any problems
or prospective delay in delivery.
(3) Separate Contracts Planning - The PROVIDER shall review the
design with the DEPARTMENT and make recommendations to the
DEPARTMENT with respect to dividing the work in such manner as
will permit the PROVIDER to take bids and award separate
construction sub-contracts on the current schedule while the
design is being completed. It shall take into consideration such
factors as natural and practical lines of severability,
sequencing effectiveness, access and availability constraints,
total time for completion, construction market conditions;
availability of labor and materials, community relations and any
other factors pertinent to saving time and cost by overlapping
design and construction that are authorized by the DEPARTMENT.
(4) Interfacing - The PROVIDER shall take such measures as are
appropriate to provide that all construction requirements will be
covered in the separate subcontracts for procurement of long lead
items, the separate construction subcontracts and the general
conditions items performed without duplication or overlap,
sequenced to maintain completion of all work on schedule.
Particular attention shall be given to provide that each bid
package clearly identifies the work-included in that particular
separate subcontract, its schedule to start and completion and
its relationship to other separate PROVIDERs.
(5) Job-Site Facilities - The PROVIDER shall arrange for all
job-site facilities necessary to enable the PROVIDER and the
DEPARTMENT's representatives to perform their respective duties
in the management, inspection, and supervision of construction.
Tangible personal property, otherwise referred to as Job-Site
facilities, include but are not limited to such things as
trailers, toilets, typewriters, computers and any other equipment
necessary to carry on the project. The method of acquiring such
job-site facilities which are planned to become the property of
the DEPARTMENT at the conclusion of the project shall be
evaluated based on cost over the life of the project. Owning
versus leasing shall be considered by the PROVIDER obtaining at
least three (3) proposals for leasing and at least three (3)
proposals for purchasing and then analyzing which is least
expensive over the usage life of the item. The PROVIDER shall
present his evaluation with recommendation to the DEPARTMENT for
approval.
When the PROVIDER wishes to supply Job-Site Facilities from his
own equipment pool, he shall first evaluate buy versus lease as
discussed in the paragraph above. If leasing is found to be the
least expensive approach, then he may lease such Job-Site
Facilities from his own equipment pool at a price not greater
than the lowest of the three (3) lease proposals obtained.
For all such facilities purchased which may become the property
of the DEPARTMENT at the conclusion of the project, the PROVIDER
shall maintain Ownership responsibilities of such facilities
until the project conclusion. Reimbursement for cost of such
equipment will be made at the conclusion of the project at the
documented purchase price. At that time, the PROVIDER shall
provide the DEPARTMENT with a complete inventory for each unit of
equipment. The inventory shall describe the equipment and
identify the purchase price, serial number, model number and
condition. Where said equipment has a title, said title shall be
properly transferred to the DEPARTMENT or to his designee.
The PROVIDER is responsible for proper care and maintenance of
all equipment while in his control. At the time of transfer to
the DEPARTMENT, the DEPARTMENT may refuse acceptance of the
equipment if the DEPARTMENT determines in its sole discretion
that the equipment has not been properly cared for by the
PROVIDER or that such acquisition would not otherwise be in the
best interest of the DEPARTMENT. In such event, the PROVIDER
will be reimbursed for such item in accordance with Article
9.2(4) hereof.
(6) Weather Protection. The PROVIDER shall ascertain what
temporary enclosures, if any, of building areas should be
provided for and may be provided as a practical matter, in order
to assure orderly progress of the work in periods when extreme
weather conditions are likely to be experienced.
(7) Market Anaylsis and Stimulation of Bidder Interest.
(a) The PROVIDER shall monitor conditions in the construction
market to identify factors that will or may affect costs and time
for completing the project; he shall make analysis as necessary
to (1) determine and report on availability of labor, material,
equipment, potential bidders, and possible impact of any
shortages or surpluses of labor or material and (2) in light of
such determinations, make recommendations as may be appropriate
with respect to long lead procurement, separation of construction
into bid packages, sequencing of work, use of alternative
materials, equipmeht or methods, other economics in design or
construction, and other matters that will promote cost savings
and completion within the scheduled time.
(b) As various bid packages are prepared for bidding, the
PROVIDER shall submit to the Project Manager a list of potential
bidders. The PROVIDER shall be responsible to stimulate biddeer
interest in the local market place and identify and encourage
bidding competition.
2.3 CONSTRUCTION PHASE
(1) Construction will commence upon the issuance by the
DEPARTMENT of a written Notice to Proceed.
(2) In order to complete the Work, the PROVIDER shall provide all
necessary construction supervision, inspection, construction
equipment, construction labor, materials, tools and subcontracted
items.
(3) The DEPARTMENT will undertake and award other contracts for
additional construction work at and near the site of the work
under this contract. The PROVIDER shall fully cooperate with the
other contractors and with the DEPARTMENT's Project Manager and
shall carefully adapt scheduling and performing the work under
this contract to accommodate the additional work, heeding any
direction that may be provided by the DEPARTMENT's Project
Manager. The PROVIDER shall not commit or permit any act that
will interfere with the performance of work by any other
contractor or by the DEPARTMENT's Project Manager.
(4) The PROVIDER shall give all notices and comply with all laws
and ordinances legally enacted at the date of execution of the
Agreement which govern the proper performance of the Work.
(5) PROVIDER's Staff - The PROVIDER shall maintain sufficient
off-site support staff, and competent full time staff at the
Project site authorized to act on behalf of the PROVIDER to
coordinate, inspect and provide general direction of the work and
progress of the subcontractors and he shall provide no less than
those personnel during the respective phases of construction that
are set forth in Exhibit D to this agreement. He shall not
change any of those persons named in Exhibit D unless mutually
agreed to by the DEPARTMENT and PROVIDER. In such case, the
DEPARTMENT shall have the right of approval of the qualifications
of replacement personnel. Such approval will not be unreasonably
withheld.
(6) Lines of Authority - The PROVIDER shall establish and
maintain lines of authority for this personnel, and shall provide
this definition to the DEPARTMENT and all other affected parties
such as the code inspectors of the Permitting Authority, the
subcontractors and the DEPARTMENT's representatives, to provide
general direction of the work and progress of the various phases
and subcontractors. The DEPARTMENT may attend meetings between
the PROVIDER and his Subcontractors, however, such attendance
shall not diminish either the authority or responsibility of the
PROVIDER to administer the subcontractor.
(7) Solicitation of Bids
(a) The PROVIDER shall prepare invitations for bids, or requests
for proposal when applicable, for all procurements of long lead
items, materials and services, for Subcontractor contracts and
for site utilities. Such invitations for bids shall be prepared
in accordance with the following guidelines:
1.Contracts not exceeding $10,000 may be entered into by the
PROVIDER with the firm who submits the lowest verbal quotation.
The PROVIDER shall obtain a minimum of two (2) verbal quotations.
These quotations shall be entered on a bid tabulation sheet and a
copy of such tabulation sent to the DEPARTMENT. The successful
quotation shall be confirmed by written contract or purchase
order to the low bid firm defining the scope and quality of work
to be provided.
2. Contracts exceeding $10,000 but not exceeding $25,000 may be
entered into by the PROVIDER with the firm who is qualified and
submits the lowest proposal. The PROVIDER shall request at least
three (3) firms to submit sealed written proposals based on a
written drawings and/or specification. The written proposals
shall all be opened publicly at the location, date and time named
by the PROVIDER in his request for proposal. A tabulation of the
results shall be furnished to the DEPARTMENT and to each firm.
3.Contracts exceeding $25,000 but not exceeding $500,000 may be
entered into by the PROVIDER with the firm who is qualified and
submits the lowest proposal. The PROVIDER shall advertise at
least once with the last advertisement appearing at least ten
(10) calendar days prior to the established bid opening time and
date. These proposals shall be based on approved plans and
specifications. Bids shall be received and opened publicly at the
location, date and time established in the bid advertisement.
4. Contracts exceeding $500,000 shall be treated the same as
described under 3 above except that the advertisement shall be
run for at least two (2) consecutive weeks.
(b) As part of such preparation, the PROVIDER shall review the
specifications and drawings. Ambiguities, conflicts or lack of
clarity of language, use of illegally restrictive requirements,
and any other defects in the specifications or in the drawings
noted by the PROVIDER shall be brought to the attention of the
Project Manager in written form and simultaneously corrected.
(c) For each separate construction contract exceeding $25,000,
the PROVIDER shall, unless waived by DEPARTMENT, conduct a
pre-bid conference with prospective bidders and Project Manager.
In the event questions are raised which require an interpretation
of the bidding documents or otherwise indicate a need for
clarification or correction of the invitation, the PROVIDER shall
prepare an addendum to the bidding document, and issue same to
all of the prospective bidders.
(d)For all contracts exceeding $25,000, the PROVIDER shall
establish a pre-qualification procedure for applicable
subcontract trades.
(8) Bonds - In accordance with the provisions of Section 255.05,
Florida Statutes, the PROVIDER shall provide to the DEPARTMENT,
on forms furnished by the DEPARTMENT, a 100% Performance Bond and
a 100% Labor and Material Payment Bond each in an amount not less
than the total construction cost as defined in Article 9 and
inclusive of the PROVIDER's fee.
To be acceptable to the Department of Juvenile Justice as Surety
for Performance Bonds and Labor and Material Payment Bonds, a
Surety Company shall comply with the following provisions:
1. The Surety Company shall have a currently valid Certificate of
Authority, issued by the State of Florida, Department of
Insurance, authorizing it to write surety bonds in the State of
Florida.
2. The Surety Company shall have currently valid Certificate of
Authority issued by the United States Department of Treasury
under Sections 9304 to 9308 of Title 31 of the United States
Code.
3. The Surety Company shall be in full compliance with the
provisions of the Florida Insurance Code.
4. The Surety Company shall have at least twice the minimum
surplus and capital required by the Florida Insurance Code at the
time the invitation to bid is issued.
5. If the Contract Award Amount exceeds $500,000, the Surety
Company shall also comply with the following provisions:
A. The Surety Company shall have at least the following minimum
ratings in the latest issue of Best's Key Rating Guide.
POLICY REQUIRED
HOLDER'S FINANCIAL
CONTRACT AMOUNT RATING RATING
_______________ ________ ________
$500,000 TO 1,000,000 A CLASS IV
1,000,000 TO 2,500,000 A CLASS V
2,500,000 TO 5,000,000 A CLASS VI
5,000,000 TO 10,000,000 A CLASS VII
10,000,000 TO 25,000,000 A CLASS VIII
25,000 000 TO 50,000,000 A CLASS IX
50,000 000 TO 75,000,000 A CLASS X
B. The Surety Company shall not expose itself to any loss on any
one risk in an amount exceeding ten (10) percent of its surplus
to policyholders, provided:
(a) Any risk or portion of any risk being reinsured shall be
deducted in determining the limitation of the risk as prescribed
in this section. These minimum requirements shall apply to the
reinsuring carrier providing authorization or approval by the
State of Florida, Department of Insurance to do business in the
State of Florida have been met.
(b) In the case of the surety insurance company, in addition to
the deduction for reinsurance, the amount assumed by any
co-surety, the value of any security deposited, pledged or held
subject to the consent of the surety and for the protection of
the surety shall be deducted.
(9) Quality Control - The PROVIDER shall develop and maintain a
program, acceptable to the DEPARTMENT, to assure quality control
of the construction. It shall supervise the work of all
subcontractors providing instructions to each when their work
does not conform to the requirements of the plans and
specifications and it shall continue to exert its influence and
control over each subcontractor to ensure that corrections are
made in a timely manner so as to not affect the efficient
progress of the work. Should disagreement occur between the
PROVIDER and DEPARTMENT over acceptability of work and
conformance with the requirements of the specifications and
plans, the DEPARTMENT shall be the final judge of performance and
acceptability.
(10) Subcontractor Interfacing - The PROVIDER shall be for the
DEPARTMENT the single point of interface with all subcontractors
and all of its agents and representatives. It shall negotiate all
change orders, field orders and request for proposals, with all
affected subcontractors and shall review the costs of those
proposals and advise the DEPARTMENT of their validity and
reasonableness, acting in the DEPARTMENT's best interest prior to
requesting approval of each change order from the DEPARTMENT.
Before any work is begun on any change order, a written
authorization from the DEPARTMENT must be issued. However, when
health and safety are threatened, the PROVIDER shall act
immediately to remove the threat to health and safety. It shall
also carefully review all shop drawings and then issue the shop
drawings to the affected subcontractor for fabrication or
revision. The PROVIDER shall maintain a suspense control system
to promote expeditious handling. It shall make interpretations of
the drawings or specifications requested of it by the
subcontractors and shall maintain a suspense control system to
promote timely response. It shall advise the Project Manager when
timely response is not occurring on any of the above.
(11) Permits - The PROVIDER shall secure all necessary building
permits from the Permitting Authority and all necessary utility
connection permits, the cost of which will be considered a direct
cost item.
(12) Job Site Requirements
(a) The PROVIDER shall provide for each of the following
activities as a part of his Construction Phase fee:
1. Maintain a log of daily
activities, including manpower records, weather, delays, major
decisions, etc.
2. Maintain a roster of companies on the project with names
and telephone numbers of key personnel.
3. Establish and enforce job rules governing parking,
clean-up, use of facilities and worker discipline.
4. Provide labor relations management for a harmonious,
productive project.
5. Provide a safety program for the project to meet OSHA
requirements. Monitor for subcontractor compliance without
relieving them of responsibilities to perform work in accordance
with the best acceptable practice.
6. Provide a quality control program as developed under
Article 2.3(5) herein above.
7. Miscellaneous office supplies that support the
construction efforts which are consumed by his own forces.
8. Travel to and from his home office to the project site
and Tallahassee as the project requires.
(b) The PROVIDER shall provide personnel and equipment or shall
arrange for separate subcontracts to provide each of the
following as a direct cost item:
1. Schedule the services of independent testing laboratories and
provide the necessary testing of materials to ensure conformance
to contract requirements.
2. The printing and distribution of all required bidding
documents and shop drawings, including the sets required by the
Permitting Authority's inspectors.
(13) Job Site Administration - The PROVIDER shall provide as part
of his job site fee, job site administrative functions during
construction to assure proper documentation, including but not
limited to such things as the following:
(a) Job Meetings - Hold weekly progress and coordination meetings
to provide for an easy flowing project. Implement procedures and
assure timely submittals, expedite processing approvals and
return of shop drawings, samples, etc. Coordinate and expedite
critical ordering and delivery of materials, work sequences,
inspection and testing, labor allocation, etc. Review and
coordinate each subcontractor's work Review and implement
revisions to the Schedule. Monitor and promote safety
requirements. In addition, regular project status meetings will
be held between the DEPARTMENT and PROVIDER either biweekly or
monthly, whichever is designated by the Project Manager.
Use the job site meeting as a tool for preplanning of work and
enforcing schedules and for establishing procedures,
responsibilities, and identification of authority for all to
clearly understand.
Identify party or parties responsible for follow up on any
problems, delay items or questions and record course for
solution. Revisit each pending item at each subsequent meeting
until resolution is achieved. Require all present to make any
problems or delaying event known to those present for appropriate
attention and resolution.
(b) Shop Drawing Submittals/Approvals - Provide staff to
check shop drawings and closely monitor their submittal and
approval process.
(c) Material and Equipment Expediting - Provide staff to closely
monitor material and equipment deliveries, critically important
checking and follow-up procedures on supplier commitments of all
subcontractors.
(d) Payments to subcontractors - Develop and implement a
procedure for review, processing, and payment of applications by
subcontractors for progress and final payments.
(e) Document Interpretation - Refer all questions for
interpretation of the documents to the PROVIDER.
(f)Reports and Project Site Documents - Record the progress of the
project. Submit written progress reports to the DEPARTMENT
including information on the subcontractor's work, and the
percentage of completion. Keep a daily log available to the
DEPARTMENT and the Permitting Authority inspectors.
(g) Subcontractor's Progress - Prepare periodic punch lists for
subcontractor's work including unsatisfactory or incomplete items
and schedules for their completion.
(h) Substantial Completion - Ascertain when the work or
designated portions thereof are ready for substantial completion
inspection. From the DEPARTMENT's list of incomplete or
unsatisfactory items, prepare a schedule for their completion
indicating completion dates for the DEPARTMENT's review. If the
PROVIDER wishes the DEPARTMENT to conduct a pre-substantial
completion inspection in conjunction with his own forces, the
DEPARTMENT will prepare the pre-substantial punch list from which
the PROVIDER will develop a completion schedule. The DEPARTMENT
will issue a certificate of substantial completion when the work
on his pre-substantial punch list has been accomplished (See
Exhibit E).
(i) Final Completion - Monitor the Subcontractor's performance on
the completion of the project and provide notice to the
DEPARTMENT that the work is ready for final inspection. Secure
and transmit to the DEPARTMENT all required guarantees,
affidavits, releases, bonds and waivers, manuals, record
drawings, and maintenance books including the Final Completion
form shown in Exhibit F.
(j) Start-Up - With the DEPARTMENT's personnel, direct the
checkout of utilities, operations, systems and equipment for
readiness and assist in their initial start-up and testing by the
trade subcontractors.
(k) Record Drawings - The PROVIDER shall monitor the progress
of his own forces or his Subcontractors on marked up field
prints and at project completion will prepare the final record
drawings.
(14) Administrative Records - The PROVIDER shall maintain at the
job site, unless agreed to otherwise by the Project Manager, on a
current basis, files and records such as, but not limited to the
following:
Contracts or Purchase Orders
Shop Drawing Submittal/Approval Logs
Equipment Purchase/Delivery Logs
Contract Drawings and Specifications with Addenda
Warranties and Guarantees
Cost Accounting Records:
Labor costs
Material Costs
Equipment Costs
Cost Proposal Requests
Payment Request Records
Meeting Minutes
Cost-Estimates
Bulletin Quotations
Lab Test Reports
Insurance Certificates and Bonds
Contract Changes
Purchase Orders
Material Purchase Delivery Logs
Technical Standards
Design Handbooks
As-Built" Marked Prints
Operating & Maintenance Instruction
Daily Progress Reports
Monthly Progress Reports
Correspondence Files
Transmittal Records
Inspection Reports
Bid/Award Information
Bid Analysis and Negotiations
Punch Lists
Schedule and Updates
Suspense (Tickler) Files of Outstanding Requirements
The project records shall be available at all times to the
DEPARTMENT for reference or review.
(9) Serving or preparing to serve as an expert witness in
connection with any proceeding, legal or otherwise, regarding the
Project.
ARTICLE 3
DEPARTMENT'S RESPONSIBILITIES
3.1 DEPARTMENT's Information - The DEPARTMENT shall provide
full information regarding his requirements for the project.
3.2 DEPARTMENT's Representative - The DEPARTMENT shall
designate a representative who shall be fully acquainted with
the project and shall define the lines of DEPARTMENT authority
to approve Project Construction Budgets, and changes in
Project. He shall render decisions promptly and furnish
information expeditiously.
3.3 Site Survey and Reports - The DEPARTMENT shall provide for
the furnishing for the site of the project all surveys describing
the physical characteristics, soil reports, and subsurface
investigations, legal limitations, utility locations, and a legal
description.
3.4 Approvals and Easements - The DEPARTMENT shall pay for
necessary approvals, easements, assessments and charges required
for the construction, use or occupancy of permanent structures or
for permanent changes in existing facilities.
3.5 Drawings and Specifications - The DEPARTMENT shall review and
act upon the PROVIDER's Drawings and Specifications in a
reasonable time so as not to delay the progress of the project.
3.6 Cost of Surveys & Reports - The services, information,
surveys and reports required by the above paragraphs shall be
furnished with reasonable promptness in accordance with the
approved schedule at the DEPARTMENT's expense, and the PROVIDER
shall be entitled to rely upon the accuracy and completeness
thereof.
3.7 Project Fault Defects - If the DEPARTMENT becomes aware of
any fault or defect in the Project or non-conformance with the
drawings and specifications, he shall give prompt written
notice thereof to the PROVIDER.
3.8 Funding - The DEPARTMENT shall furnish in accordance with the
established schedule, reasonable evidence satisfactory to the
PROVIDER that sufficient funds will be available and committed
for the cost of each part of the Project. The PROVIDER shall not
commence any work, unless authorized in writing by the
DEPARTMENT.
3.9 Lines of Communication - The DEPARTMENT shall communicate
with the subcontractors or suppliers only through the PROVIDER
while such method of communication is effective in maintaining
project schedules and quality.
3.10 Lines of Authority - The DEPARTMENT shall establish and
maintain lines of authority for his personnel and shall provide
this definition to the PROVIDER and all other affected parties.
3.11 Permitting ~ Code Inspections - The DEPARTMENT recognizes
and coordinates with the Permitting Authority and expects the
PROVIDER to do the same.
3.12 Civil Design and Sitework Construction - The DEPARTMENT
shall provide the civil design and sitework construct/on for the
project site, except for the items that are included in this
contract. See EXHIBIT B.
ARTICLE 4
PERMITTING AND INSPECTION
Before Construction can begin, it is necessary by statute for the
PROVIDER to obtain a Building Permit. In addition, construction
will be inspected for code compliance, compliance with drawings
and specifications quality by inspectors working for the
Permitting Authority. The building permitting and code inspection
requirements shall be as described in Articles 4.1 through 4.2
hereinafter.
Building Permits - The PROVIDER shall provide the following
information to the Permitting Authority and obtain approval
from the Permitting Authority prior to beginning
construction:
(1) Two (2) sets of documents, signed, sealed and dated by the
Architect-Engineer, with all addenda enclosed with each set.
These documents may be sent to the Permitting authority prior to
sending the Building Permit Application addressed in 4.1(2)
hereinafter.
(2) The completed State Building Permit Application Form attached
as Exhibit M.
The above items shall be sent to "Permitting Section, Division of
Building Construction, Department of Management Services,
Building 4030, Suite 315, 4050 Esplanade Way, Tallahassee,
Florida 32399-0950."
4.2 Code Inspections - All projects require detailed code
compliance inspections during construction in disciplines
determined by the Permitting Authority. These disciplines
normally include, but are not necessarily limited to, structural,
mechanical, electrical, plumbing and general building.
Inspection personnel win be provided by the permitting Authority.
Names, addresses, and phone numbers of the inspectors will be
provided to the PROVIDER by the Permitting Authority.
The PROVIDER shall notify the appropriate inspector(s), no less
than 24 hours in advance, that the work is ready for inspection
and before the work is covered up. Work not inspected and
approved prior to cover-up shall be uncovered for inspection when
directed by the Permitting Authority. All costs for uncovering
and reconstruction shall be borne by the PROVIDER.
All inspections shall be made for conformance with the applicable
building codes, compliance with drawings and specifications, and
quality.
Cost for all reinspections of work found defective and
subsequently repaired shall be borne by the PROVIDER.
ARTICLE 5
SUBCONTRACTS
5.1 Definition. -A subcontractor is a person or organization
who has a direct contract with the PROVIDER to perform any of the
work at the site. Nothing contained in the Contract Document
shall create any contractual relation between the DEPARTMENT and
any subcontractor.
5.2 Proposals. - Subject to Article 9 and, in accordance with
Article 2.3(3), the PROVIDER shall request and receive proposals
from subcontractors and suppliers and award those contracts to
the qualified low bidder after he has reviewed each proposal and
is satisfied that the subcontractor is qualified to perform the
work.
5.3 Required Subcontractors' Qualifications and Subcontract
Conditions.
5.3.1 Subcontractual Relations - By written agreement, the
PROVIDER shall require each subcontractor to the extent of the
work to be performed by the subcontractor, to be bound to the
PROVIDER by the with the conditions for giving notice and
submitting claims shall result in the waiver of such claims.
5.4 Responsibilities for Acts and Omissions - The PROVIDER shall
be responsible to the DEPARTMENT for the acts and omissions of
his employees and agents and his subcontractors, their agents and
employees, and all other persons performing any of the work or
supplying materials under a contract to the PROVIDER.
5.5 Subcontracts to be provided - The PROVIDER shall include a
copy of each subcontract, including the general supplementary
conditions, in the project manual.
ARTICLE 6
SCHEDULE. TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION
6.1 SCHEDULE - DESIGN PHASE
6.1.1 Design Development Phase: Upon written Notice to Proceed
from the DEPARTMENT to the PROVIDER, the DESIGN BUILD FIRM shall
proceed with the performance of the services called for in the
Design Development Phase of this Agreement, and shall submit six
(6) copies of the Design Development Documents as outlined in
Article 2.2.1.1(2), within sixty (60) calendar days following
authorization for the DESIGN BUILD FIRM to proceed with the
Design Development Phase Services.
6.1.2 Construction Documents Phase: After acceptance by the
DEPARTMENT of the Design Development, indicating any specific
modifications or changes in scope desired by the DEPARTMENT, and
upon written authorization from the DEPARTMENT, the
Architect-Engineer shall proceed with the performance of the
services called for in the Construction Documents Phase of this
Agreement, and shall submit eight (8) copies of the Contract
Documents as outlined in Article 2.2.1.2(2) within forty-two (42)
calendar days following authorization for the Architect-Engineer
to proceed with the Construction Documents Phase.
6.2 SCHEDULE - CONSTRUCTION PHASE:
6.2.1 Commencement of Construction Work: The Work shall commence
within ten (10) calendar days after the Notice to Proceed and
shall be substantially complete within two hundred-forty (240)
days within ten (10) days to Final Completion after issuance of
the Notice to Proceed.
6.2.2 Delays in the Work: If causes beyond the PROVIDER's control
delay the progress of the Work, then the Contract Price and/or
the date of Substantial Completion shall be modified by Change
Order as appropriate. Such causes shall include but not be
limited to: changes ordered in the Work, acts or omissions of the
DEPARTMENT, the DEPARTMENT preventing the PROVIDER from
performing the Work pending dispute resolution, Hazardous
Materials, differing site conditions, adverse weather conditions
not reasonably anticipated, fire, unusual transportation delays,
labor disputes, or unavoidable accidents or circumstances.
6.2.3 Project Substantial Completion Date. Project Final
completion Date and DEPARTMENT Occupancy Date- The PROVIDER
agrees to complete the construction in accordance with the agreed
upon substantial completion date, final completion date and
DEPARTMENT Occupancy date. The PROVIDER acknowledges that failure
to complete the project within the construction time set forth in
the approved schedule will result in substantial damages to the
DEPARTMENT.
6.2.4 DEPARTMENT Occupancy & Warranties - The date of DEPARTMENT
Occupancy shall occur as described in Article 2.3(115 8 2.3(12)
herein above. Warranties called for by this Agreement or by the
Drawings and Specifications shall commence on the Date of
DEPARTMENT Occupancy of the project.
6.3 LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME:
(1) Inasmuch as failure to complete the project within the time
fixed in Article 6 hereof will result in substantial injury to
the DEPARTMENT, and as damages arising from such failure cannot
be calculated with any degree of certainty, it is hereby agreed
that if the project is not substantially completed, according to
the definition of "Substantial Completion" in Article 2.3.2(8)(h)
herein, or within such further time, if any, as in accordance
with the provisions of the Contract Documents shall be allowed
for such substantial completion, the PROVIDER shall pay to the
DEPARTMENT as liquidated damages for such delay, and not as a
penalty, TWO HUNDRED SIXTY Dollars ($260.00) per facility, for
the First Day and ONE HUNDRED FIFTY-EIGHT DOLLARS ($158.00), per
facility, per day for each and every calendar day elapsing
between the date fixed for substantial completion in Article 6
herein and the date such substantial completion shall have been
fully accomplished. It is also hereby agreed that if this
project is not fully completed, in accordance with the
requirements of the Contract Documents the PROVIDER shall pay to
the DEPARTMENT as liquidated damages for such delay, and not as a
penalty, one-fourth of the rate indicated above. Said liquidated
damages shall be payable in addition to any excess expenses or
costs payable by the PROVIDER to the DEPARTMENT under the
provisions of Article 14, and shall not exclude the recovery of
damages by the DEPARTMENT under the provisions of the Contact
Documents, except for PROVIDER's delays
(2) This provision for liquidated damages for delay shall in no
manner affect the DEPARTMENT's right to terminate the contract as
provided in Article 14.
6.4 TOTAL CONTRACT TIME. The design and construction Work to be
performed under this contract shall be commenced within ten (10)
calendar days after the date of Notice to Proceed with the Design
Development Phase, shall be substantially completed within three
hundred (300) calendar days after date of Notice to Proceed, and
shall be finally completed within ten (10) calendar days after
the date of substantial completion.
ARTICLE 7
GUARANTEED MAXIMUM PRICE FOR CONSTRUCTION
7.1 Guaranteed Maximum Price (GMP) Proposal - The Guaranteed
Maximum Price, guarantees the maximum price to the DEPARTMENT,
for the construction cost of the project or designated part
thereof. Such Guaranteed Maximum Price will be subject to
modification for changes in the project as provided in Article
10. However, the actual price paid for the work by the
DEPARTMENT shall be the actual cost of all work subcontracts
supply contracts, direct labor costs, direct supervision costs,
and direct job costs as defined under Article 9, plus the
PROVIDER's overhead and profit and fees or the GMP, whichever is
less when the work is complete. The Guaranteed Maximum Price
(GMP) is $2,500,000.00.
7.2 GMP Taxes - The GMP will only include those taxes in the cost
of the project which are legally enacted at the time the GMP is
established.
7.3 Adjustments in Contingency Contained Within GMP - When the
project is bid and 100% of the Trade Contracts have been
executed, the contingency within the GMP may be decreased in
proportion to the percent of the work completed. In other words,
if 10% of the work has been completed and the DEPARTMENT requests
that the contingency within the GMP be adjusted, then 10% of the
contingency with the GMP will be removed from the GMP by change
order.
7.4 Use of Contingency Contained Within GMP - At the time of
submission of a Guaranteed Maximum Price, the PROVIDER will
verify the time schedule for activities and work which were
adopted by the DESIGN-BUILD TEAM and used to determine the
PROVIDER's cost of work. In addition to the cost of work, a GMP
will include an agreed upon sum as the construction contingency
which is included for the purpose of defraying the expenses due
to unforeseen circumstances relating to construction. The
PROVIDER will be required to furnish documentation evidencing
expenditures charged to this contingency prior to the release of
funds by the DEPARTMENT. If bids are received below the
applicable line items in the GMP, the surplus will be added to
the contingency.
If bids are received above the applicable line item in the GMP
the deficiency will be taken from the contingency, however such
events shall not be cause to increase the GMP. If bids are not
received for a portion of the work at or below the applicable
line item amount in the GMP, the PROVIDER reserves the right to
perform that portion of the work or negotiate for its performance
for the specified line item lump sum amount or less.
ARTICLE 8
PROVIDER'S FEE
8.1 In consideration of the performance of the contract, the
DEPARTMENT agrees to pay the PROVIDER as compensation for
his services, fees as set forth in Subparagraphs 8.1.1,
8.1.2 and 8.1.3.
8.1.1 Design Phase Fee - For the performance of the services set
forth under paragraphs 2.1.3(I), 2.2.2, 2.2.2(1) and 2.2.2(2) and
for profit and overhead related to these services, a total fee of
$20,000.00 The Design Phase Fee shall be paid as follows:
At Completion and Submittal of Design Development
Cost Estimate $10,000.00
At Completion and Submittal of 100% Construction
Documents Cost Estimate. $10.000.00
Total Design Phase Fee $20,000.00
The PROVIDER's personnel to be assigned during this phase and
their duties and responsibilities to this project is shown on
Exhibit G.
8.1.2 Construction Phase Fee - Prior to commencement of the
Construction Phase, the DEPARTMENT will direct the PROVIDER in
writing to proceed into the Construction Phase. The PROVIDER's
compensation for work or services performed during the
Construction Phase shall be a fee of $114.004.00 (However, the
DEPARTMENT retains the right to review the need and effectiveness
of any employee or employees assigned by the PROVIDER, should the
Project Manager question the need for the employee or employees).
The Construction Phase Fee shall be paid in seven (7) monthly
payments of $14.250.00 each and one final monthly payment of
$14.254.00. The first monthly payment shall become due thirty
days following the issuance of the first Construction
Authorization by the Project Manager and the final monthly
payment shall be paid only when construction of the project is
finally completed and occupancy of the project accepted by the
DEPARTMENT. If construction is authorized only for a part of the
project, the fee paid shall be proportionate to the amount of
work authorized by the DEPARTMENT.
(1) Adjustments in Fee - For changes in the project as provided
in Article 10, the construction phase fee shall be adjusted as
follows:
(a) The PROVIDER shall be paid an additional fee subject to
negotiation if the PROVIDER is placed in charge of reconstruction
of an insured or uninsured loss excluding any condition that may
have been caused from negligent acts by the PROVIDER.
(b) Should final completion for the project extend beyond 12
months after construction work Notice-To-Proceed due to no fault
of the PROVIDER, the additional fee for the firms services shall
be $799.26 per day.
(c) The PROVIDER will not be due any additional Overhead and
Profit on increases in the Guaranteed Maximum Price (GMP) that do
not exceed $70.296.00. Should the GMP be increased by more than
$70.296.00 under the terms of Article 10 hereinafter due to no
fault of the PROVIDER, the PROVIDER's additional Overhead and
Profit for the Construction Phase will be five percent of that
portion of the accumulative increases in the GMP that exceed the
GMP by more than $70.296.00.
(d) PROVIDER's Exclusive Remedy: In the event the
construction Substantial or Final Completion date is extended,
regardless of whether delay is caused by any act or neglect of
the DEPARTMENT, or is attributable to the DEPARTMENT, the
PROVIDER's sole and exclusive remedy is an extension of the
construction completion date and payment of additional
Construction Phase fees and Overhead and Profit for Construction
Phase as provided above.
(2) Costs and Expenses Included in Fee - The following are
included in the PROVIDER's fee for services during the
Construction Phase:
(a) Salaries or other compensation of the PROVIDER's
employees at his principal office and branch offices.
The PROVIDER's personnel to be assigned during the
construction phase, their duties and responsibilities to this
project and the duration of their assignments are shown on
Exhibits I and J.
(b) General operating expenses related to this project of
the PROVIDER's principal and branch offices.
(c) The costs of all data processing staff.
(d) Salaries or other compensation of the PROVIDER's
employees at the job site. The PROVIDER's personnel to be
assigned to the site during the Construction Phase under the job
site management and supervision fee, their duties and
responsibilities and the duration of their assignment are shown
on Exhibit J.
(e) General operating expenses incurred in the management
and supervision of the project, except as expressly included in
Article 9.
(f) Those services set forth in Article 2.3(8)(a).
(g) Job office supplies - includes paper, pencils, paper
clips, file folders, staples, etc., and janitorial supplies
(photo copy or blue print paper not included).
(h) Relocation expenses for PROVIDER's personnel.
8.1.3 Overhead And Profit For Construction Phase - For overhead,
profit and general expenses of any kind, except as may be
expressly included in Article 9, for services provided during and
related to the construction phase, the fee shall be $128.000.00
and shall be paid proportionally to the ratio of the cost of the
work in place, excluding stored materials and less retainage (see
Article 12.1), as it bears on the latest estimate of the total
construction cost or to the GMP or to the DEPARTMENT's
Construction Budget, whichever is less. The balance of the fee
shall be paid when construction of the project is finally
completed and occupancy of the project accepted by the
DEPARTMENT. If construction is authorized only for a part of the
project, the fee paid shall be proportionate to the amount of
work authorized by the DEPARTMENT. The PROVIDER's exclusive
remedy for any adjustments in the Overhead and Profit for
construction phase fee is provided in Article 8.1.2(1).
ARTICLE 9
COST OF THE PROJECT
9.1 Definition - The term Cost of the Project shall mean costs
necessarily incurred in the Project during the Construction Phase
for Construction services and paid by the PROVIDER which are not
included in the construction phase fee. Such costs shall include
the items set forth below in this Article.
The DEPARTMENT agrees to pay the PROVIDER for the Cost of the
Project as defined in Article 9. Such payment shall be in
addition to the PROVIDER's fees stipulated in Article 8.
9.2 Direct Cost Items
(1) Wages paid for labor (as opposed to wages paid to management
or supervisory personnel) in the direct employ of the PROVIDER in
the performance of his work under Agreement, times a multiple of
1.50 to cover fringe benefits.
(2) Cost of all materials, supplies and equipment incorporated in
the Project, including costs of transportation and storage
thereof.
(3) Payments due to subcontractors from the PROVIDER or made by
the PROVIDER to subcontractors for their work performed pursuant
to contract under this Agreement.
(4) Cost including transportation and maintenance of all
materials, supplies, equipment, temporary facilities and hand
tools not owned by the workmen, which are employed or consumed in
the performance of the work, cost on such items used but not
consumed which may be turned over to the DEPARTMENT at the end of
the project and cost less salvage value on such items used but
not consumed which remain the property of the PROVIDER. For those
items to be turned over to the DEPARTMENT at the end of the
project, Article 2.2.2(5) shall apply.
(5) Rental charges on all necessary machinery and equipment,
exclusive of hand tools used at the site of the Project, whether
rented from the PROVIDER or other, including installation,
repairs and replacements, dismantling, removal, costs of
lubrication, transportation and delivery costs thereof, which are
used in the support of a subcontractor or the PROVIDER's own
forces in the performance of the work, at rental charges
consistent with those prevailing in the area.
(6) Cost of the premiums for all insurance and cost of premiums
for all bonds which the PROVIDER is required to procure by this
Agreement specifically for the construction project. This
includes any subcontractor bonds the PROVIDER deems appropriate.
(7) Sales, use, gross receipts or similar taxes related to
allowable direct costs of the Project imposed by any governmental
authority, and for which the PROVIDER is liable.
(8) The cost of corrective work subject, however, to the GMP and
except for any corrective work made necessary because of
defective workmanship or other causes contributed to by the
PROVIDER or his subcontractors or suppliers.
No costs shall be paid by the DEPARTMENT to the PROVIDER for any
expenses made necessary to correct defective workmanship or to
correct any work not in conformance with the Plans and
Specifications or to correct any deficiency or damage caused by
negligent acts by the PROVIDER.
(9) Minor expenses at the site, such as telegrams, long distance
telephone calls, telephone service, expressage, postage, and
similar petty cash items in connection with the Project to be
billed at cost.
(10) Costs for trash and debris control and removal from the
site.
(11) Cost incurred due to an emergency affecting the safety of
persons and property.
(12) Legal costs reasonably and properly resulting from
prosecution of the Project for the DEPARTMENT, including handling
claims for changes by Subcontractors and Vendors, subject to the
following limitations:
(a) The DEPARTMENT approved incurring such costs in advance,
which approval shall not be unreasonably denied; and
(b) The legal costs were not incurred as result of the PROVIDER's
own negligence or default.
This paragraph does not provide for payment of legal costs
incurred in preparing or asserting claim or requests, by PROVIDER
itself, for change orders or in enforcing the obligations of this
contract.
The DEPARTMENT does not agree to pay legal fees or costs incurred
by the PROVIDER in any manner of claim asserted against the
DEPARTMENT.
(13) All costs directly incurred in the performance of the
Project for the benefit of the Project and not included in the
PROVIDER's fees as set forth in Article 8.
(14) If requested by the DEPARTMENT, the PROVIDER will perform
all or a portion of the General Conditions Work for the cost of
the work.
(15) If approved by the DEPARTMENT, the PROVIDER, when qualified,
may perform all or a portion of the work for any item listed on
the estimate or GMP breakdown where it is deemed advantageous due
to schedule or economic benefit for the direct cost of the work.
(16) Transportation outside of Okaloosa County for those
personnel employed directly for the project, not including
relocation expenses. Such transportation must be approved in
advance by the DEPARTMENT, and may be in accordance with the
PROVIDER's standard personnel policy but not exceeding the limits
established by Florida Statutes, 112.061.
(17) Costs of all reproductions used for bidding or information
purposes required by the project to directly benefit the project.
(18) Costs for watchman and security services for the project.
(19) Costs for efficient logistical control of the site,
including horizontal and vertical transportation of materials and
personnel. Also, costs for adequate storage and parking space.
(20) Costs for such temporary facilities during construction, as
approved by the DEPARTMENT, including temporary water, heat,
power, sanitary facilities, telephones, radios and computers with
software.
(21) Costs for any job site items not referenced herein, not
normally provided by the subcontractors, which will be provided
by the PROVIDER as required to complete the work
ARTICLE 10
CHANGE IN THE PROJECT
10.1 Change Orders - The DEPARTMENT, without invalidating this
Agreement, may order Changes in the Project within the general
scope of this Agreement consisting of additions, deletions or
other revisions, the GMP, and the Construction Completion Date,
being adjusted accordingly. All changes in the Project not
covered by an authorized contingency shall be authorized by
Change Order signed by the DEPARTMENT before the change is
implemented.
10.1.2 Change Order Definition - A Change Order is a written
order to the PROVIDER signed by the DEPARTMENT issued after the
execution of this Agreement, authorizing a Change in the Project,
the PROVIDER's fee, or the Construction Completion date. Each
adjustment in the GMP resulting from a change order shall clearly
separate the amount attributable to the Cost of the Project.
10.1.2. Acceptable Ways Of Determining Increases Or Decreases In
The GMP On Change Orders - The increase or decrease in the
Guaranteed Maximum Price resulting from a change in the Project
shall be determined in one or more of the following ways:
(1) by mutual acceptance of a lump sum properly itemized and
supported by sufficient substantiating data to permit evaluation
by the DEPARTMENT;
(2) by unit prices stated in the Agreement or subsequently agreed
upon;
(3) by cost as defined in Article 9 and a mutually acceptable
fixed or percentage fee; or
(4) by the method provided in Subparagraph 10.1.3.
10.1.3. Itemized Accounting On Change Orders - If none of the
methods set forth in Clause 10.1.2 is agreed upon, the PROVIDER,
provided he receives a written order signed by the DEPARTMENT,
shall promptly proceed with the Work involved. The cost of such
Work shall then be determined on the basis of the reasonable
expenditures and savings of those performing the Work attributed
to the change. However, in the event a Change Order is issued
under these conditions, the DEPARTMENT will establish an
estimated cost of the work and the PROVIDER shall not perform any
work whose cost exceeds that estimate without prior written
approval by the DEPARTMENT. In such case, and also under Article
10.1.2 above, the PROVIDER shall keep and present, in such form
as the DEPARTMENT may prescribe, an itemized accounting together
with appropriate supporting data of the increase in the Cost of
the Project as outlined in Article 9. The amount of decrease in
the Guaranteed Maximum Price to be allowed by the PROVIDER to the
DEPARTMENT for any deletion or change which results in a net
decrease in cost will be the amount of the actual net decrease.
10.1.4. Adjustments In Unit Prices & GMP Due To Inequitable
Quantity Changes - If unit prices are stated in the Agreement or
subsequently agreed upon, and if the quantities originally
contemplated are so changed in a proposed Change Order that
application of the agreed unit prices to the quantities of Work
proposed will cause substantial inequity to the DEPARTMENT or the
PROVIDER, the applicable unit prices and Guaranteed Maximum Price
shall be equitably adjusted.
10.1.5. Concealed Conditions - Should concealed conditions
encountered in the performance of the Work below the surface of
the ground or should concealed or unknown conditions in an
existing structure be at variance with the conditions indicated
by the Drawings, Specifications, or DEPARTMENT furnished
information or should unknown physical conditions below the
surface of the ground or should concealed or unknown conditions
in an existing structure of an unusual nature, differing
materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in
this Agreement, be encountered, the Guaranteed Maximum Price and
the Construction Completion date shall be equitably adjusted by
Change Order upon a request for Change Order in accordance with
Article 10.2.
10.2 Claims For Additional Cost Or Time
All claims for additional cost or time shall be made by request
for a change order submitted as provided in Article 16.
If the PROVIDER is delayed at any time in the progress of the
work by any act or neglect of the DEPARTMENT or of any employee
of the DEPARTMENT or by any separate PROVIDER employed by the
DEPARTMENT or by any changes ordered in the work by labor
disputes, fire, or unusual delay in transportation, unavoidable
casualties or any causes beyond the PROVIDER's control or by
delay authorized by the DEPARTMENT pending resolution of
disputes, and such delay extends the completion date, the
Substantial Completion shall be extended by Change Order for such
reasonable time as the DESIGN-BUILD TEAM may determine.
Only delays which are determined to extend the critical path for
the schedule for constructing the project will result in a time
extension. Neither the DEPARTMENT nor the PROVIDER shall be
considered to own the schedule float time.
10.3 Minor Changes In The Project
The Project Manager will have authority to order minor changes in
the Project not involving an adjustment in the Guaranteed Maximum
Price or an extension of the Construction Completion Date and not
inconsistent with the intent of the Drawings and Specifications.
Such changes shall be effected by written order. Documentation of
changes shall be determined by the DESIGN-BUILD TEAM, included in
the Project Manual and displayed monthly in the progress reports.
Changes shall be approved by the Project Manager.
10.4 Emergencies
In any emergency affecting the safety of persons or property, the
PROVIDER shall act at his discretion, to prevent threatened
damage, injury or loss. Any increase in the Guaranteed Maximum
Price or extension of time claimed by the PROVIDER on account of
emergency work shall be determined as provided in Article 10.
ARTICLE 11
DISCOUNTS AND PENALTIES
11.1 All discounts for prompt payment shall accrue to the
DEPARTMENT to the extent the Cost of the project is paid directly
by the DEPARTMENT or from a fund made available by the DEPARTMENT
to the PROVIDER for such payments. To the extent the Cost of the
Project is paid with funds of the PROVIDER, all cash discounts
shall accrue to the PROVIDER. All trade discounts, rebates and
refunds, and all returns from sale of surplus materials and
equipment, shall be credited to the Cost of the Project. All
penalties incurred due to fault of the PROVIDER for late payment
of cost of the project will be paid by the PROVIDER provided
funds are provided to the PROVIDER by the DEPARTMENT.
ARTICLE 12
PAYMENTS TO THE PROVIDER
12.1 Schedule of Values: A Schedule of Values established as
provided herein will serve as the basis for progress payments and
will be incorporated into a form of Application for Payment
(Exhibit K). Design Phase Services should be included in this
Schedule of Values.
12.2 Design Phase: For Basic Services, payments shall be made at
the completion of each phase of the work in proportion to
services performed as follows:
Design Development Phase
Upon Submittal of Documents $ 25,456.00
Upon Approval of Documents $ 25,456.00
Construction Documents Phase
Upon Submittal of 100% Completed Documents $ 33,598.00
Upon Approval of 100% Completed Documents $ 33,598.00
Receipt of Bids $ 1,819.00
Construction Phase (in monthly increments
proportion to payments made to contractor) $ 24,073.00
Fleet Analysis $ 8,000.00
Soil Borings $ 1,000.00
One Year Warranty Inspection $3 800.00
Total Design Phase Cost $156,800.00
12.3 Monthly Statements - The PROVIDER shall submit to the
DEPARTMENT a statement, sworn to, if required, along with the
cost reports required under Article 2.1.5, showing in detail all
moneys paid out, cost accumulated or costs incurred on account of
the Cost of the Project during the previous period and the amount
of the PROVIDER's fees due as provided in Article 8. This data
shall be attached to the Partial Pay Request form shown in
Exhibit K Ten percent (10%) retainage shall be held on all
payments until the contract is fifty percent (50%) complete,
except when approved by the DEPARTMENT certain suppliers and
subcontractors may be paid the entire amount due when such
payment is generally the practice of the industry At 50%
completion, the DEPARTMENT may approve a reduction of the
retainage from 10% to 5% at his discretion. Retainage shall not
be withheld on services or fees set forth in Article 8. Payments
by the DEPARTMENT to the PROVIDER shall be made as described in
Article 17.7 hereinafter.
12.4 Final Payment - Final payment constituting the unpaid
balance of the Cost of the Project and the PROVIDER's fee, shall
be due and payable as described in Article 17.7 after the
DEPARTMENT has accepted occupancy of the project, provided that
the Project be then finally completed, that the PROVIDER has
verified by his signature that he has completed all items
specified on the attached Exhibit L, and that this Agreement has
been finally performed. However, if there should remain work to
be completed, the PROVIDER and the DEPARTMENT shall list those
items prior to receiving final payment and the DEPARTMENT may
retain a sum equal to 200% of the estimated cost of completing
any unfinished work and portion of the PROVIDER's retainage,
provided that said unfinished items are listed separately and the
estimated cost of completing any unfinished items are likewise
listed separately. Thereafter, DEPARTMENT shall pay to PROVIDER,
monthly, the amount retained for each incomplete item after each
of said items is completed.
12.5 Payments to Subcontractors - The PROVIDER shall promptly,
within 10 days after receipt of payment from the DEPARTMENT, pay
all the amount due subcontractors less a retainage of ten percent
(10%) until the project is fifty percent (50%) complete, and
based on PROVIDER's evaluation of the subcontractor's acceptable
performance, the DEPARTMENT may approve a reduction in retainage
from 10% to 5% thereafter. If there should remain items to be
completed, the PROVIDER and DEPARTMENT shall list those items
required for completion and the PROVIDER shall require the
retainage of a sum equal to 200% of the estimated cost of
completing any unfinished items, provided that said unfinished
items are listed separately and the estimated cost of completing
any unfinished items likewise listed separately. Thereafter, the
PROVIDER shall pay to the subcontractors, monthly, the amount
retained for each incomplete item after each of said items is
completed. Before issuance of final payment without any
retainage, the subcontractor shall submit satisfactory evidence
that all payrolls, material bills and other indebtedness
connected with the Project have been paid or otherwise satisfied,
warranty information is complete, as-built markups have been
submitted and instruction for the DEPARTMENT's operating and
maintenance personnel is complete.
Final payment may be made to certain select subcontractors whose
work is satisfactorily completed prior to the total completion of
the Project but only upon approval of the DEPARTMENT.
12.6 Delayed Payments by DEPARTMENT - If the DEPARTMENT should
fail to pay the PROVIDER within 55 days after the receipt of an
approvable payment request from the PROVIDER, then the PROVIDER
may, upon seven (7) additional days written notice to the
DEPARTMENT stop the Project until payment of the Amount owing has
been received.
12.7 Payments for Materials and Equipment - Payments will be made
for material and equipment not incorporated in the work but
delivered and suitably stored at the site or another location
subject to prior approval and acceptance by the DEPARTMENT on
each occasion.
12.8 Withholding Payments To Subcontractors - The PROVIDER shall
not withhold payments to subcontractors if such payments have
been made to the PROVIDER. Should this occur for any reason, the
PROVIDER shall immediately return such moneys to the
Department's, adjusting pay requests and project bookkeeping as
required.
ARTICLE 13
INSURANCE INDEMNITY AND WAIVER OF SUBROGATION
13.1 Indemnity
(1) The PROVIDER agrees to indemnify and hold the DEPARTMENT
harmless from all claims for bodily injury and property damage
(other than the work itself and other property insured under
Paragraph 13.2(3)) that may arise from the PROVIDER's operations
under this Agreement.
(2) The DEPARTMENT shall cause any other PROVIDER who may have a
contract with the DEPARTMENT to perform construction or
installation work in the area where work will be performed under
this Agreement, to agree to indemnify the DEPARTMENT and the
PROVIDER and hold them harmless from all claims for bodily injury
and property damage (other than property insured under Paragraph
13.2(3)) that may arise from the PROVIDER's operations. Such
provisions shall be in a form satisfactory to the PROVIDER.
Loss Deductible Clause - The State of Florida shall be exempt
from, and in no way liable for, any sums of money which may
represent a deductible in any insurance policy. The payment of
such deductible shall be the sole responsibility of the PROVIDER
and/or subcontractor providing such insurance.
13.2 PROVIDER's Insurance
(1) The PROVIDER shall not commence any construction work in
connection with this Agreement unti1 he has obtained all of the
following types of insurance and such insurance has been approved
by the DEPARTMENT, nor shall the PROVIDER allow any subcontractor
to commence work on his subcontract until all similar insurance
required of the subcontractor has been so obtained and approved.
All insurance policies shall be with insurers qualified and doing
business in Florida.
(2) Worker's Compensation Insurance - The PROVIDER shall take out
and maintain during the life of this Agreement Worker's
Compensation Insurance for all his employees connected with the
work of this Project and, in case any work is sublet, the
PROVIDER shall require the subcontractor similarly to provide
Worker's Compensation Insurance for all of the latter's employees
unless such employees are covered by the protection afforded by
the PROVIDER. Such insurance shall comply with the Florida
Worker's Compensation Law. In case any class of employees engaged
in hazardous work under this contract at the site of the Project
is not protected under the Worker's Compensation statute, the
PROVIDER shall provide adequate insurance, satisfactory to the
DEPARTMENT, for the protection of employees not otherwise
protected.
(3) PROVIDER's Public Liability and Property Damage Insurance-The
PROVIDER shall take out and maintain during the life of this
Agreement Comprehensive General Liability and Comprehensive
Automobile Liability Insurance as shall protect him from claims
for damage for personal injury, including accidental death, as
well as claims for property damages which may' arise from
operating under this Agreement whether such operations are by
himself or by anyone directly
(a) PROVIDER's Comprehensive $500,000 Each Occurrence,
General Liability Coverages, Combined Single Limit
Bodily Injury $ Property Damage
(b) Automobile Liability
Coverages, $200,000 Per Person,
Bodily Injury $500,000 Per Occurrence
Property Damage $200,000 Per Occurrence
(c) Excess Liability, Umbrella $1,000,000 Each Occurrence,
Form Combined Single Limit
Insurance clause for both BODILY INJURY AND PROPERTY DAMAGE
shall be amended to provide coverage on an occurrence basis.
(4) Subcontractor's Public Liability and Property Damage
Insurance - The PROVIDER shall require each of his subcontractors
to procure and maintain during the life of this subcontract,
insurance of the type specified above or insure the activities of
his subcontractors in his policy, as specified above.
(5) DEPARTMENT's and PROVIDER's Protective Liability Insurance
The PROVIDER shall procure as a cost of the project and furnish
an DEPARTMENT's and PROVIDER's Protective Liability Insurance
Policy with the following minimum limits:
Bodily Injury Liability $ $500,000 Each Occurrence
Property Damage Liability Combined Single Limit
(6) "XCU" (Explosion, Collapse, Underground Damage - The
PROVIDER's Liability Policy shall provide "XCU" coverage for
those classifications in which they are excluded.
(7) Broad Form Property Damage Coverage. Products 8 Completed
Operations Coverages -The PROVIDER's Liability Policy shall
include Broad Form Property Damage Coverage, Products and
Completed Operations Coverages.
8)Contractual Liability Work Contracts - The PROVIDER's Liability
Policy shad include Contractual Liability Coverage designed to
protect the PROVIDER for contractual liabilities assumed by the
PROVIDER in the performance of this Agreement.
(9) Indemnification Rider
(a) To cover to the fullest extent permitted by law, the PROVIDER
shall indemnify and hold harmless the DEPARTMENT and its agents
and employees from and against all claims, damages, losses and
expenses, including but not limited to attorney's fees, arising
out of or resulting from the performance of the Work, provided
that any such claim, damage, loss or expense (1) is attributable
to bodily injury, sickness, disease or death, or to injury to or
destruction of tangible property (other than the Work itself)
including the loss of use resulting therefrom, and (2) is caused
in whole or in part by any negligent act or omission of the
PROVIDER, any subcontractor, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may
be liable, regardless of whether or not it is caused in part by a
party indemnified hereunder. Such obligation shall not be
construed to negate, abridge, or otherwise reduce any other right
to obligation of indemnity which would otherwise exist as to any
party or person described in this Article.
(b) In any and all claims against the DEPARTMENT or any of their
agents or employees by any employee of the PROVIDER, any
subcontractor, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable, the
indemnification obligations under this Paragraph shall not be
limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the PROVIDER
or any subcontractor under workers' or workmen's compensation
acts, disability benefit acts or other employee benefit acts.
(c) The PROVIDER hereby acknowledges receipt of ten dollars and
other good and valuable consideration from the DEPARTMENT in
exchange for giving the DEPARTMENT the indemnification provided
above in Article 13.2.9.
(10) Builders Risk Coverage - The PROVIDER shall take out and
maintain during the life of this Agreement a "Builder's Risk
Policy" completed value form as a cost of the Project, issued to
provide coverages on an "all risk" basis including theft. This
coverage shall not be lapsed or cancelled because of partial
occupancy by the DEPARTMENT prior to final acceptance of the
Project.
(11) Certificate of Insurance - The DEPARTMENT shall be furnished
proof of coverage of Insurance as follows:
Certificate of Insurance form will be furnished to the DEPARTMENT
along with the Contract Documents. These shall be completed and
signed by the authorized Florida Resident Agent, and resumed to
the office of the Division of Building Construction. This
Certificate shall be dated and show:
(a) The name of the insured PROVIDER, the specific job by name
and job number, the name of the insurer, the number of the
policy, its effective date, and its termination date.
(b) Statement that the Insurer will mail notice to the DEPARTMENT
at least fifteen (15) days prior to any material changes in
provisions or cancellation of the policy.
(c) Certificate of Insurance shall be in the form as approved by
Insurance Standards Office (ISO) and such Certificate shall
clearly state all the coverages required in this Section
commencing at 13.2 and ending with 13.3.4.
13.3 Waiver of Subrogation
13.3.1 Damages Caused By Perils Covered By Insurance - The
DEPARTMENT and the PROVIDER waive ail rights against each other,
for damages caused by perils covered by insurance provided under
Article 13.2 to the extent covered by such insurance except such
rights as they may have to the proceeds of such insurance held by
the DEPARTMENT and PROVIDER as trustees. The PROVIDER shall
require similar waivers from all subcontractors and their
sub-subcontractors.
13.3.2 Loss Or Damage To Equipment Covered By Insurance - The
DEPARTMENT and PROVIDER waive all rights against each other for
loss or damage to any equipment used in connection with the
Project and covered by any property insurance. The PROVIDER shall
require similar waivers from all subcontractors and their
sub-subcontractors.
13.3.3 Property and Consequential Loss Policies - The DEPARTMENT
waives subrogation against the PROVIDER on all property and
consequential loss policies carried by the DEPARTMENT on adjacent
properties and under property and consequential loss policies
purchased for the Project after its completion.
13.3.4 Endorsement of Policies - If the policies of insurance
referred to in this Article require an endorsement to provide for
continued coverage where there is a waiver of subrogation, the
DEPARTMENT of such policies will cause them to be so endorsed,
failure to obtain proper endorsement nullifies the waiver of
subrogation.
ARTICLE 14
TERMINATION OF THE AGREEMENT AND DEPARTMENTS
RIGHT TO PERFORM PROVIDER'S OBLIGATION
14.1 Termination by the PROVIDER - If the Project is stopped for
a period of thirty (30) days under an order of any court or other
public authority having jurisdiction or as a result of an act of
government, such as a declaration of a national emergency making
materials unavailable, through no act or fault of the PROVIDER,
or if the Project should be stopped for a period of sixty (60)
days by the PROVIDER, for the DEPARTMENT's failure to make
payments thereon, then the PROVIDER may, upon seven days written
notice to the DEPARTMENT, request payment for all work executed,
the PROVIDER's fees earned to date, and for any proven loss
sustained upon any materials, equipment, tools, construction
equipment, and machinery, including reasonable profit, damages
and terminal expenses incurred by the PROVIDER.
14.2 DEPARTMENT's Right to Perform PROVIDER's Obligations and
Termination by DEPARTMENT for Cause.
(1) If the PROVIDER fails to perform any of his obligations under
this Agreement including any obligation he assumes to perform
work with his own forces, the DEPARTMENT may, after seven (7)
days written notice during which period the PROVIDER fails to
perform such obligation, make good such deficiencies. The GMP, or
the actual cost of the Project, whichever is less, shall be
reduced by the cost to the DEPARTMENT of making good such
deficiencies and the PROVIDER's Construction Phase Fee shall be
reduced by an amount required to manage the making good of such
deficiencies.
(2) If the PROVIDER is adjudged a bankrupt, or if he makes a
general assignment for the benefit of his creditors, or if a
receiver is appointed on account of his insolvency, or if he
persistently or repeatedly refuses or fails, except in case for
which extension of time is provided, to supply enough properly
skilled workmen or proper materials and fails to maintain an
established schedule (failure to maintain schedule shall be
defined as any activity on the critical path that falls 45 days
or more behind schedule) which has been adopted by the
DESIGN-BUILD TEAM, or if he fails to make prompt payment to
subcontractors for materials or labor, or persistently disregards
laws, rules, ordinances, regulations, or orders of any public
authority having jurisdiction, or otherwise is guilty of a
substantial violation of a provision of the Agreement, then the
DEPARTMENT may, without prejudice to any right or remedy and
after giving the PROVIDER and his surety, if any, seven (7) days
written notice, during which period PROVIDER fails to cure the
violation, terminate the employment of the PROVIDER and the
possession of the site and of all materials, equipment, tools,
constructor equipment and machinery thereon owned by the
PROVIDER, and may finish the Project by whatever method he may
deem expedient. In such case, the PROVIDER shall not be entitled
to receive any further payment until the Project is finished nor
shall he be relieved from his obligations assumed under Article
7. Reasonable terminal expenses incurred by the DEPARTMENT may be
deducted from any payments left owing the PROVIDER (excluding
moneys owed the PROVIDER for subcontract work).
(3) If the PROVIDER refuses to allow public access to all
documents, papers, letters, or other material subject to the
provisions of Chapter 119, Florida Statutes, and made or received
by the PROVIDER in conjunction with this Agreement, then the
DEPARTMENT may, without prejudice to any right or remedy and
after giving the PROVIDER and his surety, if any, seven (7) days
written notice, during which period PROVIDER still fails to allow
access, terminate the employment of the PROVIDER and take
possession of the site and of all materials, equipment, tools,
construction equipment and machinery thereon, owned by the
PROVIDER, and may finish the project by whatever method he may
deem expedient. In such case, the PROVIDER shall not be entitled
to receive any further payment until the Project is finished nor
shall he be relieved from his obligations assumed under Article
7. Reasonable terminal expenses incurred by the DEPARTMENT may be
deducted from any payments left owing the PROVIDER (excluding
moneys owed the PROVIDER for subcontract work).
14.3 Termination by DEPARTMENT Without Cause
(1) If the DEPARTMENT terminates this Agreement other than
pursuant to Article 14.2(2) or Article 14.3(2), he shall
reimburse the PROVI~ ER for any unpaid Cost of the Project due
him under Article 9, plus that part of the unpaid balance of the
Construction Phase Fee in an amount as will increase the payment
on account of his fee to a sum which bears the same ratio to the
Construction Phase Fee as the Cost of the Project at the time of
termination bears to the Guaranteed Maximum Price, if
established, otherwise to the DEPARTMENT's Construction Budget.
The DEPARTMENT shall also pay to the PROVIDER fair compensation,
either by purchase or rental at the election of the DEPARTMENT,
for any equipment retained. In case of such termination of
Agreement the DEPARTMENT shall further assume and become liable
for obligations, commitments and unsettled contractual claims
that the PROVIDER has previously undertaken or incurred in good
faith in connect/on with said Project. The PROVIDER shall, as a
condition of receiving the payments referred to in this Article
14, execute and deliver all such papers and take all such steps
including the legal assignment of his contractual rights, as the
DEPARTMENT may require for the purpose of fully vesting in him
the rights and benefits of the PROVIDER under such obligations or
commitments.
(2) After the establishment of the Guaranteed Maximum Price or at
the completion of the Design Phase, if the final cost estimates
or lack of legislative funding make the Project no longer
feasible from the standpoint of the DEPARTMENT, the DEPARTMENT
may terminate this Agreement and pay the PROVIDER his
proportionate fee due in accordance with Article 8.1 plus any
costs incurred pursuant to Articles 9, 10, & 12.
(3) If this contract is terminated at any time prior to the
establishment of a GMP, the DEPARTMENT shall notify the PROVI DER
in writing that it is electing under this section to terminate
the contract without cause. If the DEPARTMENT makes such an
election under this section, it shall pay the PROVIDER the entire
Design Phase fee regardless of when such election is made. The
PROVIDER agrees that if such election is made it shall have no
claim for lost profits, overhead, or other expenses enumerated in
this contract which are associated with the Construction Phase.
ARTICLE 15
ASSIGNMENT AND GOVERNING LAW
15.1 Assignment Consent Neither the DEPARTMENT nor the PROVIDER
shall assign his interest in this Agreement without the written
consent of the other except as to the assignment of proceeds.
15.2 Governing Laws - This Agreement shall be governed by the
Laws of the State of Florida.
ARTICLE 16
NOTICE OF CLAIM: WAIVER OF REMEDIES: NO DAMAGES FOR DELAY.
16.1 Governing Provisions - The DEPARTMENT's liability to
PROVIDER for any claims arising out of or related to the subject
matter of this contract, whether in contract or tort, including,
but not limited to, claims for extension of construction time,
for payment by the DEPARTMENT of the costs, damages or losses
because of changed conditions under which the work is to be
performed, or for additional work, shall be governed by the
following provisions:
(a) All claims must be submitted as a Request for Change Order in
the manner as provided herein;
(b) The PROVIDER must submit a Notice of Claim to DEPARTMENT
within 20 days of when the PROVIDER was or should have been aware
of the occurrence of the event giving rise to the claim; and
(c) Within 10 days of submitting its Notice of Claim, the
PROVIDER shall submit to the DEPARTMENT its Request for Change
Order, which shall include a written statement of all details of
the claim, including a description of the work affected and
specific amount of payment requested.
(d) The PROVIDER agrees that the DEPARTMENT shall not be liable
for any claim that the PROVIDER fails to submit as a Request for
Change Order as provided in this paragraph.
16.2 Written Determination of Claim - After receipt of a Request
for Change Order, the DEPARTMENT shall deliver to the PROVIDER
its written determination of the claim. As to matters subject to
the determination by final agency action (not actions for breach
of contract or tort) the DEPARTMENT's written decision shall be
final agency action unless the PROVIDER requests an
administrative proceeding pursuant to Section 120.57, Florida
Statutes, by filing a petition in compliance with Rule Chapter 60
- -4, F.A C. within thirty (30) days of the PROVIDER's receipt of
the DEPARTMENT's determination.
16.3 Exclusive Remedy Of Claim - For work the PROVIDER performs
with its own forces, and in addition to the adjustments provided
for in Article 8, the PROVIDER's exclusive remedy for delays in
performance of the construction caused by events beyond its
control, including delays claimed to be caused by or attributable
to the DEPARTMENT, including claims based on breach of contract
or negligence, shall be a claim submitted in compliance with 16.1
above, for an extension of the scheduled construction time. In
the event of a change in such work, the PROVIDER's claim for
adjustments in the contract sum are limited exclusively to its
actual costs for such changes plus 5% for profit. The PROVIDER
expressly agrees that the foregoing constitute its sole and
exclusive remedies for delays and changes in such work, and
eliminate any other remedies for claim for increase in the
contract price, delays, changes in the work, damages, losses or
additional compensation.
ARTICLE 17
MISCELLANEOUS
17.1 Interest - Any moneys not paid when due to either party
under this contract shall not bear interest except as may be
required by Section 215.422(3)(b), Florida Statutes.
17.2 Harmony - PROVIDER is advised and hereby agrees that he
will exert every reasonable and diligent effort to assure that
all labor employed by PROVIDER and his Subcontractors for work
on the project shall work in harmony with and be compatible
with all other labor being used by building and construction
PROVIDERs now or hereafter on the site of the project.
PROVIDER further agrees that this provision will be included in
all subcontracts of the Subcontractors as well as the
PROVIDER's own contract, provided, however, that this provision
shall not be interpreted or enforced so as to deny or abridge,
on account of membership or non-membership in any labor union
or labor organization, the right of any person to work as
guaranteed by Article 1, Section 6 of the Florida Constitution.
17.3 Apprentices - If the PROVIDER employs apprentices on the
project, the behavior of the PROVIDER and the DEPARTMENT shall
be governed by the provisions of Chapter 446, Florida Statutes,
and by applicable standards and policies governing apprentice
programs and agreements established by the Division of Labor of
the State of Florida DEPARTMENT of Labor and Employment
Security. The PROVIDER will include a provision similar to the
foregoing sentence in each subcontract.
17.4 Invoices Submitted Under Article 9 - Invoices submitted
under Article 9 shall be submitted in detail sufficient for a
proper pre-audit and post-audit thereof. Invoices for any
travel expenses shall be submitted in accordance with
procedures specified in Section 112.061 of the Florida Statutes
governing payments by the State for travel expenses.
17.5 PROVIDER's Project Records - The PROVIDER's Project
Records shall be maintained as prescribed hereinabove for the
minimum period required by Federal Law, and shall be made
available to the DEPARTMENT or his authorized representative at
mutually convenient times.
17.6 Minority Participation - The PROVIDER shall diligently
attempt to award at least twenty-one percent (21%) of his
material contracts and subcontracts to firms having a letter of
certification as a minority business from the "Commission of
Minority Economic and Business Development, 107 West Gaines
Street, Suite 201 Collins Building, Tallahassee, Florida
32399-2005 (904-487-0915)". The distribution of this twenty-one
percent, if possible, should be four percent Black Americans, six
percent Hispanic Americans and eleven percent American Women.
17.7 PROVIDER's Payment Rights - PROVIDERs providing goods and
services to the DEPARTMENT should be aware of the following time
frames. Upon receipt, the DEPARTMENT has fifty-five (55) days to
inspect, approve and render payment for the goods and services.
The DEPARTMENT has twenty-five (25) days to deliver a request for
payment (voucher) to the DEPARTMENT of Banking and Finance. The
25 days area measured from the latter of the date the Pay Request
is received or the goods or services are received, inspected and
approved.
If payment is not available to the DEPARTMENT for transmittal
to the PROVIDER within 55 days, a separate interest penalty set
by the Comptroller pursuant to Section 55.03, Florida Statutes,
will be due and payable, in addition to the Pay Request amount,
to the vendor. To obtain the applicable interest rate, please
contact the Agency's Fiscal Section at (904) 921-2186 or
Purchasing Office at (904) 9216586. The 55 days are also
measured from the latter of the date the invoice is received or
the goods or services are received, inspected, approved, and
payment rendered. Interest penalties of less than one (1)
dollar will not be enforced unless the PROVIDER requests
payment. Pay Requests which have to be resumed to a PROVIDER
because of PROVIDER preparation errors will result in a delay
in the payment. The Pay Requests payment requirements do not
start until a properly completed Pay Request is provided to the
DEPARTMENT.
A Vendor Ombudsman has been established within the DEPARTMENT
of Banking and Finance. The duties of this individual include
acting as an advocate for vendors who may be experiencing
problems in obtaining timely payment(s) from a state agency.
The Vendor Ombudsman may be contacted at (904)488-2924 or by
calling the State Comptroller's Hotline, 1-800-848-3792.
17.8 Public Entity Crime Information Statement - "A person or
affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit
a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or
public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a
PROVIDER, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor
list."
Part C - Standard Contract
Contract # P7024
State of Florida
Department of Juvenile Justice
THE PARTIES AGREE:
I. THE PROVIDER AGREES:
A. To provide services according to the conditions specified in
Section A.
B. State and Federal Laws and Regulations
1. The provider agrees to comply with all applicable state and
federal laws and regulations, and rules, and all department
rules, policies and procedures.
2. If this contract contains federal funds, the provider shall
comply with the provisions of 45 Code of Federal Regulations
(CFR). Part 74, and/or 45 CFR, Part 92, and other applicable
regulations as specified in Section N/A.
3. If this contract contains federal funds and is over
$100,000. the provider shall comply with all applicable
standards, orders, or regulations used under Section 306 of the
Clean Air Act, as amended (42 U.S. C. 18579(h) et. seq.), Section
508 of the Clean Water Act, as amended (33 U.S.C. 1368et. seq.),
Executive Order 11738, and Environmental Protection Agency
regulations (40) CFR Part 15). The provider shall report any
violations of the above to the department.
4. If this contract contains federal funding in excess of
$100,000, the provider must, prior to contract execution,
complete the Certification Regarding Lobbying Activities form,
Standard Form LLL, is required, it may be obtained from the
contract manager. All disclosure forms as required by the
Certification Regarding Lobbying form must be completed and
returned to the contract manager.
C. Audits and Records
1. To maintain books, records, and documents (including
electronic storage media) in accordance with generally accepted
accounting procedures and practices, which sufficiently and
properly reflect all revenues and expenditures of funds provided
by the department under this contract.
2. To assure that these records shall be subject at all
reasonable times to inspection, review, or audit by state
personnel and other personnel duly authorized by the department,.
as well as by federal personnel.
3. To maintain and file with the department such progress,
fiscal, and inventory reports as the department may require
within the period of this contract.
4. To provide a financial and compliance audit to the
department as specified in Section C and to ensure that all
related party transactions are disclosed to the auditor.
5. To include these aforementioned audit and record keeping
requirements in all approved subcontracts and assignments.
6. If this contract contains federal funds, the Catalog of
Federal Domestic Assistance number (s) is N/A.
7. This contract is not funded from a grants and aids appropriation.
D. Retention of Records
1. To retain all client records, financial records, supporting
documents, statistical records, and any other documents
(including electronic storage media) pertinent to this contract
for a period of five (5) years after termination of this
contract, or if an audit has been initiated and audit findings
have not been resolved at the end of five (5) years, the records
shall be retained until resolution of the audit findings.
2. Persons duly authorized by the department and federal
auditors, pursuant to 45 CFR, Part 92.36(i)(10), shall have full
access to and the right to examine any of said records and
documents during said retention period or as long as records are
retained, whichever is later.
3. Upon completion or termination of the contract and at the
request of the department, the provider will cooperate with the
department to facilitate the duplication and transfer of any said
records or documents during there required retention period as
specified in paragraph above.
E. Monitoring
1. To provide reports as specified in Section A These reports
will be used for monitoring progress or performance of the
contractual services.
2. To permit persons duly authorized by the department to
inspect any records, papers, documents, facilities, foods and
services of the provider which are relevant to this contract,
and/or interview any clients and employees of the provider to be
assured of satisfactory performance of the terms and conditions
of this contract. Following such inspection the department will
deliver to the provider a list of its comments with regard to the
manner in which said goods or services are being provided. The
provider will rectify all noted deficiencies provided by the
department within the specified period of time set forth in the
comments or provide the department with a reasonable and
acceptable justification for not correcting the noted
shortcomings. The providers' failure to correct or justify
within a reasonable time as specified by the department may
result in the withholding of payments, being deemed in breach or
default or termination of this contract.
F. Indemnification
If the provider is a state agency or subdivision as defined in
Section 768.28, Florida Statutes, only no. 2 below is applicable.
Other than state agencies or subdivisions refer to no. 1.
1. Pursuant to Section 768.28(11)(a). Florida Statutes, the
provider agrees that 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,
pursuant to section 768.289(11)(a), Florida Statutes, to
indemnify the department, upon notice for any liabilities caused
by the provider or its employees, or agents' negligent or
tortuous acts or omissions within the scope of their employment
under this contract up to the limits of sovereign immunity set
fort in Section 768.28(11)(a), Florida Statues. The provider
further agrees to defend the department and to hold it harmless,
upon receipt of the departments notice of claim or
indemnification to the provider, against all claims, suits,
judgements, damages or liabilities, including court costs and
attorneys fees incurred by the department because of the
negligent or tortuous acts or omissions of the provider or its
employees, agents, or subcontracts. Nothing herein shall be
construed as consent by a provider who is a state agency or
subdivision of the state to be sued by third parties in any
matter arising out of any contract.
2. The provider shall assist in the investigation of injury or
damage claims either for or against the department of the State
of Florida pertaining to the departments respective areas of
responsibility or activities under this contract and shall
contact the department regarding the legal actions deemed
appropriate to remedy such damage or claims. Each party is
responsible for all personal injury and property damage
attributable to negligent acts or omissions so that party and the
officers, employees, and agents thereof. Nothing herein shall be
construed as an indemnity or a waiver of sovereign immunity
enjoyed by any party hereto.
G. Insurance
1. To provide adequate liability insurance coverage on a
comprehensive basis and to hold such liability insurance at all
times during the existence of this contract. The provider
accepts full responsibility for identifying and determining the
type (s) and extent of liability insurance necessary to provide
reasonable financial protections for the provider and the clients
to be served under this contract. Upon the execution of this
contract, the provider shall furnish the department written
verification supporting both the determination and existence of
such insurance coverage. Such coverage may be provided by a
self-insurance program established and operating under the laws
of the State of Florida. The department reserves the right to
require additional insurance as specified in Section A where
appropriate.
2. If the provider is a state agency or subdivision as defined
by Section 768.28, Florida Statutes, the provider shall furnish
the provider, upon request, written verification of liability
protection in accordance with Section 768.28, Florida Statutes.
H. Safeguarding Information
1. To allow public access to all documents, papers, letters,
or other materials subject to the provisions of Chapter 119,
Florida Statutes, and/or received by the provider in conjunction
with this contract, it is expressly understood that substantial
evidence of the providers refusal to comply with this provision
shall constitute grounds for termination of this contract.
2. Not to use or disclose any information concerning a
recipient of services under this contract for nay purpose not in
conformity with state statutes and any applicable federal
regulations (45 CFR. Part 205.50), except upon written consent of
the recipients or his responsible parent or guardian when
authorized by law.
I. Assignments and Subcontract
1. To neither assign the responsibility of this contract to
another party nor subcontract for any of the work contemplated
under this contract without prior written approval of the
department. No such approval by the department of any assignment
or subcontract shall be deemed in any event to provide for the
department incurring any obligation in addition to the total
dollar amount agreed upon in this contract. All such assignment
or subcontracts shall be subject to the conditions of this
contract (except Section 1, Paragraph 0.1) and to any conditions
of approval that the department shall deem necessary.
2. Unless otherwise stated in the contract between the
provider and subcontractor, payments made by the provider to the
subcontractor must be within seven (7) working days after receipt
of full or partial payments from the department in accordance
with Section 287.0585, Florida Statutes . The seven (7) working
days will result in a penalty charged against the provider and to
the subcontractor in the amount of one half of one percent of the
amount due per day from the expiration of the period allowed
herein for payment. Such penalty shall be in addition to actual
payments owed and shall not exceed fifteen (15) percent of the
outstanding balance due.
J. Return of Funds
1. To return the department any overpayments due to unearned
funds or funds disallowed pursuant to the terms of this contract
that were disbursed to the provider by the department. The
provider shall return any overpayment to the department within
forty (40) calendar days after either discovery by the provider,
or notification by the department, of the overpayment. In the
event that the provider or its independent auditor discovers an
overpayment has been made, the provider shall repay said
overpayment within forty (40) calendar days without prior
notification from the department. In the event that the
department first discovers an overpayment has been made, the
department will notify the provider by letter of such a finding.
Should repayment not be made in a timely manner, the department
will charge interest of one (1) percent per month compounded on
the outstanding balance after forty (40) calendar days after the
date of notification or discovery.
2. For state universities, should repayment not be made within
forty (40) calendar days after the date of notification, the
department will notify the State Comptroller's Office who will
then enact a transfer of the amounts owed from the state
university's account to the account of DJJ.
K. Required Reporting
1. Abuse, Neglect and Exploitation Reporting
In Compliance with Chapter 415, Florida Statutes, an employee of
the provider who knows, or has reasonable cause to suspect, that
a child is or has been abused, knowledge or suspicion to the
central abuse registry and toll-free telephone number (1-800-
95ABUSE).
2. Client Information
To submit management, program and client identifiable data, as
specified by the department in Section A.
L. Purchasing
1. PRIDE
It is expressly understood and agreed that any articles which are
the subject of, or are required to carry out this contract shall,
to the extent required by law, be purchased from Prison
Rehabilitative Industries and Diversified Enterprises, Inc.
(PRIDE) identified under Chapter 946, Florida Statutes, in the
manner set forth in Sections 946.515 (2) and (4). Florida
Statutes. This clause is not applicable to any subcontractors,
unless otherwise required by law.
2. Procurement of Products or Materials with Recycled
materials.
Any products or materials which are the subject of, or are
required to carry out this contract shall, be procured in
accordance with the provisions of Sections 403.7065, and 287.045,
Florida Statutes.
M. Civil Rights Requirements
1. The provider assures that it will comply with:
a. Title VI of the Civil Rights Act of 1964, as amended, 42
U.S.C. 2000d et seq, which prohibits discrimination on the basis
of race, color, or national origin.
b. Section 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. 794, which prohibits discrimination on the
basis of handicap
c. Title IX of the Education Amendments of 1972, as
amended, 20 U.S. C. 1681 et. seq., which prohibits discrimination
on the basis of sex.
d. The Age Discrimination Act of 1975, as amended, 42
U.S.C. 6101 et seq., which prohibits discrimination on the basis
of age.
e. Section 654 of the Omnibus Budget Reconciliation Act of
1981, as amended, 423 U.S. C. 9849. which prohibits
discrimination on the basis of race, creed, color, national
origin, sex, handicap, political affiliation or beliefs.
f. The Americans with Disabilities Act of 1990, Public Law.
101-336, which prohibits discrimination on the basis of
disability and requires reasonable accommodation for persons with
disabilities.
g. All regulations, guidelines and standards as are now or
may be lawfully adopted under the above statutes.
The provider agrees that compliance with this assurance
constitutes a condition of continued receipt of or benefit from
funds provided through this contract, and that it is binding upon
the provider, its successors, transferees, and assignees for the
period during which services are provided. The provider further
assures that all contractors, subcontractors, subgrantees, or
others with whom it arranges to provide services or benefits to
participants or employees in connection with any of its programs
and activities are not discriminating against those participants
or employees in violation of the above statutes, regulations,
guidelines, and standards.
2. Compliance Questionnaire
The provider agrees to complete the Civil Rights Compliance
Questionnaire, DJJ Form 900 A and B, if services are provided to
clients and if 15 or more people are employed.
N. Requirements of Section 287.058, Florida Statutes
1. To submit bills for fees or other compensation for services
or expenses in sufficient detail for a proper pre-audit and post
audit thereof.
2. Where applicable, to submit bills for any travel expenses
in accordance with Section 112.061, Florida Statutes.
3. To provide units of deliverables, including reports,
findings and drafts as specified in Section A, to be received and
accepted by the contract manager prior to payment.
O. Withholdings and Other Benefits
To be financially and legally responsible for Social Security and
Income Tax withholdings.
P. Sponsorship
As required by section 286.25, Florida Statutes, non-governmental
providers sponsoring a program financed wholly or in part by
state funds of funds obtained from a state agency, shall, in
publicizing, advertising or describing the sponsorship of the
program, state: "Sponsored by Correctional Services Corporation,
PROVIDER and the State of Florida, Department of Juvenile
Justice." 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.
Q. Final Invoice
To submit the final invoice for payment to the department no more
than 45 days after the contract ends or is terminated; if the
provider fails to do so, all right to payment is forfeited and
the department will not honor any requests submitted after the
aforesaid time period. Any payment due under the terms of this
contract may be withheld until all reports due from the provider
and necessary adjustments thereto have been approved by the
department.
R. Use of Funds for Lobbying Prohibited
To comply with the provisions of Sections 216.347, Florida
Statute, which prohibits the expenditure of contract funds for
the purpose of lobbying the Legislature, judicial branch or a
state agency.
S. Bloodborne Pathogens
The program shall comply with Federal Rule 1910.1030 regarding
Bloodborne Pathogens.
T. Inspector General's Office Requirements
Pursuant to Section 20.055, Florida Statutes, the Office of the
Inspector General is responsible for providing direction for
supervising and coordinating audits, investigations, and reviews
relating to the programs and activities operated by or financed
by the department for the purpose of promoting economy and
efficiency in the administration of, or presenting and detecting
fraud, waste, and abuse in, its programs and activities.
1. Background Screening Requirements
The provider agrees to comply with the Department of Juvenile
Justice, Office of the Inspector General's Statement Procedure on
Background Screening for Employees. Providers, and Volunteers.
The provider agrees, at no cost to the department to comply with
the requirements for the background screening as mandated in
Section 39.001, Florida Statutes. Failure to comply with the
Department's background and screening procedure could result in
cancellation of the contract.
2. Incident Reporting Procedure Requirements
The provider agrees to comply with the Department of Juvenile
Justice, Inspector General's Statewide Incident Reporting
Procedure. Failure to comply with this procedure could result in
cancellation of the contract.
3. Client Risk Prevention
If services to clients will be provided under this contract, the
provider and any subcontractors shall, in accordance with the
client risk prevention system, report those reportable situations
listed in the Inspector General's reports department subsequently
issues.
4. Quality Assurance Requirements
The provider agrees to comply with the department of Juvenile
Justice quality assurance goals, objectives and standards for
High Risk Residential and Moderate Risk Residential program. The
provider acknowledges that in accordance with Section 39.021
(10), Florida Statutes, the Department shall evaluate the
provider's program to determine if the provider is meeting
satisfactory levels of performance for the quality assurance
standards.
The provider agrees that the program shall meet satisfactory
levels of performance for the quality assurance standards and
understands that failure to achieve satisfactory performance
within six months of an on site quality assurance review, unless
there are extenuating circumstances approved by the department,
will result in cancellation of the contract. The provider
further understands that pursuant to Section 39.021 (10), Florida
Statutes, the department is prohibited form contracting with the
provider for canceled service for a period of 12 months.
The provider agrees to participate in a minimum of one on site
quality assurance review of a similar program type in another
district during the contract year at the provider's expense.
5. Annual Financial and Compliance Audit Requirements
The provider agrees to comply with an annual audit of its
financial records by an independent accounting firm. The audit
report shall mention whether the provider complied with the
provisions of this contract, adhered to all applicable laws and
regulations, and used the Department's funds properly. A copy of
the audit report and related management letter shall be sent to
the Inspector General not later than 120 days after the close of
the provider's fiscal year. Failure to comply with this
procedure could result in cancellation of the contract.
6. General Requirements
The provider agrees to allow members of the Inspector General's
Office timely access to its facilities, records, and staff
members in the conducting of investigations, audits, and quality
assurance reviews. The provider further agrees to remove from
the facility or programs any provider staff members who refuse to
answer questions directed to them or provide information
requested of them by the Inspector General's Office. Failure to
comply with these requirements could result in cancellation of
the contract.
Investigation of Abuse and Neglect Allegations Requirements (Law
Enforcement Providers Only).
The provider agrees to comply with the Department of Juvenile
Justice, Inspector General's Procedure for Investigating
Allegations of Client Abuse in Contracted Programs Operated by
Law Enforcement Agencies. Failure to comply with this procedure
could result in cancellation of the contract.
U. State of Florida Public Entity Crime Statement.
A person or affiliate who has been placed on the convicted vendor
list following a conviction for a public entity crime may not
submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or
public work, may not submit bids on leased or real property to a
public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided
in s. 287.017, Florida Statutes for CATEGORTY TWO for a period of
36 months from the date of being placed on the convicted vendor
list.
V. Property
1. Non expendable property
a. Nonexpendable property is defined as tangible personal
property that is of a nonconsumable nature.
b. Title (ownership) to all Nonexpendable property acquired from:
a) the expenditure of funds provided under a cost
reimbursement contract; b) the expenditure of funds provided as
start up; or c) expenditure of funds provided as operational
expense dollars for which the total cost of the property was
directly allocated to the total cost of the program budget and
for which the department relied upon to determine the total price
to be "fair and reasonable" shall be vested in the department
upon the purchase of the property.
c. Title (ownership) to all vehicles, non permanent
structures, etc. acquired with funds as described in paragraph 2
above shall be vested in the department upon completion or
termination of the contract. The provider will retain custody
and control during the contract period, including extensions and
renewals.
d. All Nonexpendable property for which paragraph 2 above
applies purchased under this contract shall be listed at the time
of receipt on the property records of the provider. Said listing
shall include a description of the property, model number,
manufacturer's serial number, funding source information needed
to calculate the federal and/or state share, date of acquisition,
unit cost, property inventory number, location and use
information, condition and transfer, replacement or disposition
of the property.
e. At no time shall the provider dispose of Nonexpendable
property purchased under this contract except with the permission
of, and in accordance with instructions from the department.
f. An executed contract amendment is required prior to the
purchase of any Nonexpendable property item for which paragraph 2
above is applicable with a value greater than %500.00 not
specifically listed in the approved contract.
g. A report of Nonexpendable property shall be submitted
annually on the anniversary of the contract effective date to the
department along with the expenditure report for the period in
which it was purchased, as well as a final inventory submitted
with the final expenditure report.
2. Tangible Personal Property
The provider acknowledged and agrees that any tangible property
as defined in section 273.02, Florida Statutes, purchased
directly or indirectly through this contract, will be solely for
the use of the provider in the delivery of the contracted
services.
3. Other Expendable Property Food Items
When a 30 day supply or staple food items/products is purchased
prior to the opening of a facility with start-up pre-operational
funds the provider within completion or termination of the
contract, return to the start-up/pre-operational budget for the
purchase of these staple food items/products.
W. Facility Standards
The provider shall conform to standards required by the fire and
health authorities with jurisdiction. Facilities and grounds
will be maintained to provide a safe, sanitary and comfortable
environment for youth visitors and employees.
X. Copyrights and Right to Data:
Where activities supported by this contract produce original
writing sound recordings, pictorial reproductions, drawings, or
other graphic representation and works of any similar nature, the
department has the right to use, duplicate and disclose such
materials in whole or in part, in any manner, for any purpose
whatsoever, and to have others acting on behalf of the department
to do so. If the materials so developed are subject to copyright
trademark or patent, legal title 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 or application for the same, will vest in the State of
Florida Department of State for the exclusive use and benefit of
the state.
Y. Trade Secrets
The State of Florida is unable to assure confidentiality on
information fitting the definition of "trade secrets" pursuant to
Section 812.081, Florida Statutes, due to the lack of protection
"trade secrets" in Chapter 119, Florida Statutes.
II. THE DEPARTMENT AGREES:
A. Contract Amount
To pay for contracted services according to the conditions of
Section A in an amount not to excess $12,617,814.00, subject to
the lawful availability of funds. The State of Florida's
performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Legislature. The
costs of services paid under any other contract or from any other
source are not eligible for reimbursement under this contract.
B. Contract Payment
Section 215.422, Florida Statutes, provides that agencies have 5
working days to inspect and approve goods and services, unless
bid specifications or the purchase order specified otherwise.
With the exception of payments to health care providers for
hospital, medical, or other health care services, if payment is
not available within 40 days, measured from the latter of the
date the invoice is received or the foods or services are
received, inspected and approved, a separate interest penalty set
by the Comptroller pursuant to Section 55.03, Florida Statutes,
will be due and payable in addition to the invoice amount., To
obtain the applicable interest rate please contact the Agency's
Fiscal Section at (904) 921-2186 or Purchasing Officer at (904)
921-6586. Payment to health care providers for hospitals, medical
or other health care services, shall be made not more than 35
days from the date of eligibility for payment is determined, and
the daily interest rate is .033333%. Invoices returned to a
vendor due to preparation errors will result in a payment delay.
Invoice payment requirements do not start until a properly
completed invoice is provided to the agency.
C. Vendor Ombudsman
A Vendor Ombudsman has been established within the Department of
Banking and Finance. The duties of this individual include acting
as an advocate for vendors who may be experiencing problems in
obtaining timely payment(s) from a state agency. The Vendor
Ombudsman may be contacted at (904) 488-2924 or by calling the
State Comptroller's Hotline, 1-800-848-3792.
III. THE PROVIDER AND DEPARTMENT MUTUALLY AGREE:
A. Effective Date
1. This contract begins at 12:01 a.m. on 5/15/97 or on the
date on which the contract has been signed by both parties,
whichever is later.
2. This contract shall end at midnight on the Term of the
contract, Part A, Article 5.2, the time of Performance, Part A.,
Article 5.0, and Part B, Article 6.2, Schedule - Construction
Phase, of the contract. The contract will be amended when an
exact date has been determined subject to any written renewals or
extensions agreed upon by the parties.
B. Termination
1. Termination for Convenience
This contract may be terminated by the provider upon no less than
ninety (90) calendar days notice, without cause, at no additional
cost, unless a different notice period is mutually agreed upon by
both parties. The provider must be operating in a state of
compliance without the terms and conditions of the contract at
the time the notice is issued and must remain compliant for the
duration of the performance period. The contract may be
terminated by the Department upon no less than thirty (30) days
notice, without cause, at no additional cost, unless a different
notice period is mutually agreed upon by the parties.
2. Termination Because of Lack of Funds
In the event funds to finance this contract become unavailable,
the department may terminate the contract upon no less than
twenty four (24) hours notice in writing to the provider, The
department shall be the final authority as to the availability of
funds.
3. Termination for Default
Unless the provider's breach is waived by the department in
writing, the department may by written notice to the provider,
terminate this contract upon notice. If applicable, the
department may employ the default provisions in Chapter 60A 1.006
(4), Florida Administrative Code. Waiver of breach of any
provisions of this contract shall not be deemed to be a waiver of
any other breach and shall not be construed to be a modification
of the terms of this contract. The provisions herein do not
limit the department right to remedies at law or to damages.
4. All termination notices shall be sent by certified mail, or
other delivery service with proof of delivery.
C. Notice and Contact
1. The name, address and telephone number of the contract
manager for the department for this contract is:
Barbara J. Boers
Department of Juvenile Justice
2737 Centerview Drive
Tallahassee, FL 32399 (904) 414-8819
2. The name address and telephone number of the representative
of the provider responsible for administration of the program
under this contract is :
James F. Slattery, President and CEO
Correctional Services Corporation
1819 Main Street, Suite 1000
Sarasota, FL 34236 (941) 953-9199
3. In the event that a different department contract manager
or provider representative is designated after contract
execution, notice of the name and address of the new contract
manager or representative will be rendered in writing to the
other party and said notification shall than be attached by each
party to original of this contract.
D. Renegotiations or Modification
1. Modifications or provisions of this contract shall only be
valid when they have been reduced to writing and duly signed by
all parties observing all the formalities of the original
contract. The department is not obligated to pay for costs
related to this contract that were incurred prior to the date of
contract execution or after the termination date. The parties
agree to re-negotiate this contract if federal and/or state
revisions of any applicable laws, or regulations make changes in
this contract necessary.
2. The rate of payment and the total dollar amount May by
adjusted retroactively to reflect price level increases and
changes in the rate of payment when these have been established
through the appropriations process and subsequently identified in
the department's operating budget.
E. Name, Mailing and Street Address of Payee
1. The name (provider name as shown on page 1 of this
contract) and mailing address of the official payee to whom the
payment shall be made:
Correctional Services Corporation
1819 Main Street, Suite 1000
Sarasota, FL 34236
2. The name of the contact person and street address where
financial and administrative records are maintained:
James F. Slattery, President and CEO
1819 Main Street, Suite 1000
Sarasota, FL 34236
F. All Terms and Conditions Included
This contract as its sections as referenced, PART A, PART B, and
PART C and all Exhibits and Attachments contain all the terms and
conditions agreed upon by the parties.
G. Venue
The venue for all legal and administrative proceedings continuing
this contract shall be Leon County Florida. This contract shall
be governed by, and construed under, the laws of the State of
Florida.
IN WITNESS THEREOF, the parties hereto have caused this contract
to be executed by their undersigned officials as duly authorized.
PROVIDER STATE OF FLORIDA, DEPARTMENT
CORRECTIONAL SERVICES CORPORATION OF JUVENILE JUSTICE
SIGNED BY: \s\ James F. Slattery SIGNED BY: \s\ Rex Uberman
NAME: James F. Slattery NAME: Rex Uberman
TITLE: President and CEO TITLE: Deputy Secretary
for Operations
DATE: 5/16/97 DATE: 6/13/97
FEDERAL ID NUMBER: F94000005740 113182580
STATE AGENCY 29 DIGIT SAMAS CODE:
80101000911803000000010077800
CONTRACT IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
[CIK] 0000914670
[NAME] CORRECTIONAL SERVICES CORPORATION
STATE OF FLORIDA
DEPARTMENT OF JUVENILE JUSTICE
CONTRACT #P7024
Design, Build And Operation Of Moderate Risk And High Risk
Residential Programs
AMENDMENT #001
THIS AMENDMENT is entered into between the State of Florida,
Department of Juvenile Justice, hereafter called the
"Department", and Correctional Services Corporation, hereinafter
called the "Provider", amends Contract P7024 by deleting, as
indicated by "strikethrough", and adding as indicated by
"underscore", the sections below:
1. DESIGN-BUILD CONSTRUCTION TERMS AND CONDITIONS
Delete
Part B - Section A,
Clause 1.1
The DESIGN-BOLD TEAM The PROVIDER and the DEPARTMENT called the
"DESIGN-BUILD TEAM", shall work jointly during design and through
final construction completion and shall be available thereafter
should additional services be required. The "strikethrough.DESIGN
BUILD TEAM" shall provide leadership during the design phase with
direction from the DEPARTMENT.
Add
Part B - Section A,
Clause 1.1
The DESIGN-BUILD TEAM The PROVIDER, the Architect/Engineer, the
Contractor and the DEPARTMENT called the "DESIGN-BUILD TEAM",
shall work jointly during design and through final construction
completion and shall be available thereafter should additional
services be required. The PROVIDER shall provide leadership
during the design phase with direction from the DEPARTMENT.
Add
Part B - Section A,
Clause 1.6
Contractor - Construction services shall be performed by
licensed, independent contractor retained by the PROVIDER or
furnished by licensed employees of the PROVIDER The person or
entity providing construction services shall be referred to as
the Contractor. If the Contractor is an independent general
contractor, the construction services shall be procured and
payments made Pursuant to a separate agreement between the
PROVIDER and the Contractor. The construction services are
independent of the work or services provided directly by the
PROVIDER. The initial Contractor for the Project is Ajax
Construction Company, Inc., 251 East Harrison Street,
Tallahassee, Florida 32301.
2. PROVIDER'S SERVICES
Delete
Part B - Section A
Clause 2.1
"strikethrough.Services to be provided by the PROVIDER shall
include, but not limited to, those described or specified herein.
The services described or specified shall not be deemed to
constitute a comprehensive specification having the effect of
excluding services not specifically mentioned."
Add
Part B - Section A
Clause 2.1
The PROVIDER shall administer the design and construction of the
PROJECT through a licensed Architect/Engineer and a licensed
Contractor as defined in Article 1. The Provider is a contract
provider of services to juveniles as defined in Part A of this
Design/Build/Operate Contract and does not hold itself out as a
licensed provider of architectural, engineering, or construction
services which require licensure by the State of Florida.
However, the PROVIDER has contracted with the DEPARTMENT to
provide and administer the design and construction of the PROJECT
through licensed professionals and hereby guarantees the design
and construction of the project In furtherance of such guarantee,
the PROVIDER has supplied the DEPARTMENT with all bonding
required pursuant to Section 255.05, Florida Statutes, and agrees
to abide by all conditions of those bonds.
Services to be administered by the .PROVIDER shall include, but
are not limited to,. Those described herein. The services
described or specified shall not be deemed to constitute a
comprehensive specification having the effect of specifically
mentioned. While the PROVIDER is responsible for the completion
of all services described herein, any service specifically
described herein may be performed by the Architect/Engineer or
Contractor provided those services are obtained at no further
cost to the DEPARTMENT. The services required under this contract
are:
3. SUBCONTRACTS
Add
Part B- Section A
Clause 5.1
Definition. - A subcontractor is a person or organization,
including the Architect/Engineer and the Contractor, who has a
direct contract with the PROVIDER to perform any of the work at
the site. Nothing contained in the Contract Document shall create
any contractual relation between the DEPARTMENT and any
subcontractor.
Add
Part B - Section A
Clause 5.3.2(5)(C)
Each subcontract shall include a provision recognizing that the
subcontract is a third party contract for the benefit of the
DEPARTMENT. The PROVIDER shall upon the execution of a
subcontract, execute and deliver to the DEPARTMENT a Power of
Attorney, authorizing the DEPARTMENT in its sole discretion, to
act on behalf of the PROVIDER in enforcing or fulfilling the
obligations of the subcontract if this contract is terminated.
Said authority to act on behalf of the PROVIDER shall not be
subject to claims between the DEPARTMENT and the PROVIDER.
This amendment shall become effective June 10, 1997, or the date,
or the date on which the amendment has been signed by both
parties. All provisions in the contract and any attachments
thereof in conflict with this amendment shall be and are hereby
changed to conform with this amendment. All provisions in the
contract not in conflict with this amendment are still in effect
and are to be performed at the level specified in the contract.
This amendment is hereby made a part of the contract.
IN WITNESS WHEREOF, this amendment is executed by the undersigned
officials as duly authorized
PROVIDER: STATE OF FLORIDA
Corrctional Services DEPARTMENT OF JUVENILE JUSTICE
Corporation
SIGNED BY: \s\ James F. Slattery SIGNED BY: \s\ Rex Uberman
NAME: James F. Slattery NAME: Rex Uberman
Title: President and Chief TITLE: Deputy Secretary
Executive Officer for Operations
DATE: 6/5/97 DATE: 6/16/97
RENEWAL IS NOT VALID UNTIL SIGNED AND DATED BY BOTH PARTIES
