Request For Proposal For Court Monitor For Commonwealth Of Puerto Rico Juvenile Detention And Training Facilities

REQUEST FOR PROPOSALS Court Monitor Pursuant to Consent Decree Between the United States and the Commonwealth of Puerto Rico with Respect to the Juvenile Detention and Training Facilities

Overview

The Commonwealth of Puerto Rico (Commonwealth) and the United States Department of Justice (DOJ) invite you to submit a proposal for services as the Court Monitor, established by the Consent Decree entered into by the Commonwealth and the DOJ.

In 1997, the Commonwealth and the DOJ entered into a comprehensive Consent Decree which requires the Commonwealth to take remedial action with respect to its juvenile detention and training facilities in the following general areas: physical plant improvements; fire safety; policies & procedures; staffing and staff training; classification; mental health; discipline; and education. The Consent Decree requires the appointment of a Court Monitor to oversee compliance with the provisions of the Consent Decree.

The Commonwealth of Puerto Rico is a Caribbean island consisting of 9104 square miles with a population of approximately 3.6 million. Puerto Rico is a self-governing commonwealth in association with the United States. The Administration of Juvenile Institutions (AIJ) is a sub-agency of the Puerto Rico Department of Corrections and Rehabilitation and is headed by an Administrator appointed by the Governor. AIJ administers approximately 19 institutions, some of which are public institutions staffed by AIJ employees, and others are privately operated through contracts with AIJ, staffed by private contractors. In total, approximately 1200 juveniles are confined in these institutions.

Scope of Work

The responsibilities and specific duties of the Court Monitor are set forth in Section XVII of the Consent Decree, Paragraph 100 (A)-(L). Please consider the provisions outlining the Court Monitor's responsibilities, as well as the various provisions of the Consent Decree to be monitored, as you consider a response to this Request for Proposals. The Court Monitor shall submit to the Court and the Commonwealth a compensation agreement and budget for each fiscal year commencing July 1, 2002. The budget of the Court Monitor shall include, but not be limited to, a salary for the Court Monitor, necessary expenses for the operation of the Office of the Court Monitor to include salaries for assistant monitors and clerical staff, travel expenses, office equipment, telephone services, and expenses for retaining consultants as outlined in the Monitor's annual budget. The parties acknowledge that Defendants shall also pay for such other appropriate and necessary expenses as may arise as they relate to the monitoring of this matter. The Commonwealth reserves the right to object to any expense that it considers to be unreasonable or excessive. A copy of the Consent Decree is available for viewing online at www.usdoj.gov/crt/split/documents/prsa.htm.

In order to monitor and report on the Commonwealth's compliance with the stipulations of the Consent Decree, the duties of the Court Monitor include:

1) Issuing written quarterly reports and a comprehensive annual report detailing the precise steps taken by the Commonwealth to implement the Consent Decree and providing an evaluation of the extent to which the Commonwealth is in compliance with the requirements of the Consent Decree. (Paragraph 100 (B));

2) Observing, finding facts, reporting and/or testifying as to these findings (Paragraph 100 (D));

3) Assisting the Commonwealth in any manner, even by informal consultation with the Commonwealth and its subordinates, on matters affecting compliance. (Paragraph 100 (D)).

The Court Monitor, including his/her assistants and all persons or entities associated by the "primary" Court Monitor to assist in monitoring tasks, shall be an agent of the Court and shall be subject to the supervision and orders of the Court, consistent with the Consent Decree. The Court Monitor may testify in this case regarding any matter relating to the implementation, enforcement, or dissolution of the Consent Decree.

The Court Monitor and his/her assistants shall have access to all facilities and programs operated by or on behalf of the Commonwealth as well as any facility that is built, renovated, or contracted with in order to implement the provisions of the Consent Decree. (Paragraph 100 (E)). Applicants should be aware that most of the juveniles confined in the institutions and most institutional staff speak only Spanish.

The Court Monitor and his/her assistants shall have access to all records, files and papers related to compliance with the provisions of the Consent Decree. Such access shall include, but not be limited to, departmental, institutional, and juvenile records, including, but not limited to, medical and mental health records. These records shall not be disclosed to parties other than the United States of the Court in order to protect the confidentiality of such records. Personnel and document access provisions are detailed in Paragraph 100 (F)-(G) of the Consent Decree. Applicants should be aware that most institutional records are written in Spanish.

Request for Proposal Process

After evaluation of the Consent Decree, the Commonwealth and the DOJ invite you to submit a proposal for your engagement as Court Monitor for the Consent Decree. The services sought under this proposal are considered to be professional services. The Commonwealth and/or the DOJ reserve the right to reject or accept any proposal for reasons they/it deem appropriate. Copies of your proposal must be submitted to both the Commonwealth and the DOJ by the close of business on December 31, 2001.

Please submit 10 copies of your proposal to:

Carlos Del Valle Cruz
Commonwealth of Puerto Rico Department of Justice
Office of the Secretary
P.O. Box 9020192
San Juan, Puerto Rico 00902-0192

for FedX and courier services, please send to:

Oficina de la Secretaria
Departamento de Justicia
Piso 11
Calle Axmayer
Parada 11
Miramar, PR 00907

Please submit 5 copies of your proposal to:

Daniel H. Weiss
Special Litigation Section
Civil Rights Division
Department of Justice
P.O. Box 66400
Washington, D.C. 20035-6400
(U.S. Mail Address)

601 D. Street, N.W.
Washington, D.C. 20004
(Overnight, Private Mail Delivery Address)

Your proposal must, at a minimum, include the information requested below in the section titled "Required Proposal Content."

The Commonwealth and the DOJ will expeditiously review the proposals received and conduct interviews of selected candidates/organizations with the intention that a joint selection be made prior to December 31, 2001. In the event that the parties are unable to jointly select a Court Monitor, the Commonwealth and the DOJ may submit name(s) and recommendation(s) to the Court, which will ultimately select the Court Monitor. The Court Monitor will be paid by the Commonwealth and the terms of the contract will be based upon the accepted proposal, the Consent Decree, and applicable Commonwealth contracting requirements (Attached).

Required Proposal Content

Executive Summary: Provide a brief description of the manner in which you would complete the project. The summary should include an outline of your proposed project team (e.g. individual(s) and/or subcontractor consultants proposed to be involved and reporting/responsibility hierarchy).

Qualifications: Describe your qualifications and experience in the following areas:

• juvenile delinquency, juvenile corrections, juvenile corrections practices, and juvenile corrections monitor;

• auditing, investigation, or reviewing performance of organizations (including experience in monitoring settlements or court orders);

• computer technology and data management;

• experience in working with governmental agencies;

• experience appearing in court as an expert witness or in providing other types of testimony;

• report writing;

• federal laws and laws of Puerto Rico, policies and rules governing juvenile corrections
practices; and

• information relevant to the following necessary attributes of the Court Monitor:

reputation for integrity, evenhandedness, and independence,

experience as a juvenile corrections official, expertise in juvenile
corrections practices, or experience as a juvenile corrections practices monitor

Experience: Provide a brief description of project experience relevant to the monitoring tasks sought in this RFP. List references for each project listed, including the name of the organization, contact person, title, address, and telephone number. If available, submit non-confidential work products that are similar to the quarterly monitoring reports required for this project.

Proposed Activities: Applicants should be aware that most documents are written in Spanish and that most staff have circumscribed English speaking ability. Describe the activities you would propose to undertake in order to monitor compliance, including, but not limited to: method(s) of obtaining information; methods of analyzing information; method for communication with various Commonwealth agencies; frequency of various proposed activities; anticipated changes or variances to monitoring activities or methods, if any, over the term of the Consent Decree; the personnel (e.g. yourself, employees assigned to the project , or proposed subcontractor(s) responsible for the various activities; and the number of hours devoted to the project by month or quarter.

Personnel: Explain how this project would be integrated into the total operation of your other professional activities (business, consulting, teaching, etc.).

Costs: Provide a detailed budget for all costs under the proposed Court Monitor contract, including staff costs, travel, sub-consultant services, overhead, etc. The cost estimate should detail the types of activities and/or circumstances that would result in additional costs to those proposed and the rates associated with such additional activities. The cost estimate must provide detail adequate to enable the Commonwealth to assess how the cost estimate allows the level or performance and monitoring over the contract term.

Potential Conflicts: Disclose any potential conflicts of interest involving yourself, your firm, an employee assigned to the project, or a proposed subcontractor, including current or former employment, contracts or grants with the Commonwealth or the United States DOJ, and any involvement in the last eight years (whether paid or unpaid) with a claim or lawsuit against the Commonwealth.


IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO

THE UNITED STATES OF AMERICA, Plaintiff,

v.

THE COMMONWEALTH OF PUERTO RICO, et al., Defendants.

CIVIL NO. 94-2080 (CCC)

COMPENSATION AGREEMENT BETWEEN
THE COMMONWEALTH AND COURT MONITOR

TO THE HONORABLE COURT:

In 1997 the Commonwealth of Puerto Rico and the United States Department of Justice entered into a comprehensive Consent Decree which requires the Commonwealth to take remedial action with respect to its juvenile detention and training facilities in the following general areas: physical plant improvements; fire safety; policies & procedures; staffing and staff training; classification; mental health; discipline; and education. The Consent Decree requires the appointment of a Court Monitor ("Monitor") to oversee compliance with the provisions of the Consent Decree. The following Compensation Agreement ("Agreement") controls the terms of compensation and provision of expenses for the activities and operations of the Monitor approved by the Court in the case of reference.

This Agreement is submitted on behalf of the Commonwealth of Puerto Rico and the Administration of Juvenile Institutions, an entity under the umbrella of the Department of Corrections and Rehabilitation of the Commonwealth of Puerto Rico; and on behalf of {name of Monitor], who has been appointed as Monitor by the United States District Court in this case.

I. SCOPE OF SERVICES

The responsibilities and specific duties of the Monitor are set forth in Section XVII of the Settlement Agreement of 1997, Paragraph 100 (A)-(L). These duties are incorporated by reference.

II. COMPENSATION

A. General Policy

The Commonwealth of Puerto Rico has adopted as public policy that compensation agreements of Court appointed officials/ and or officers may not exceed in the aggregate the salary of a federal judge, which presently amounts to $144, 000 per annum, or may not exceed the maximum hourly rate of $150.00, aside from the reasonable expenses of conducting the activities required by the scope of the services.

B. Terms of Personal Compensation

In the present case, the parties to this compensation agreement have agreed to the following compensation formula. The Monitor shall be paid at a rate of $ ____ per hour for a maximum of ____ hours per month, unless extraordinary circumstances require a more extensive involvement in monitoring activities, in which case Court approval will be sought by the Monitor for expanding the hours of work contemplated by this Agreement.

C. Operational Expenses

In addition to the terms of personal compensation set above, the Monitor shall be entitled to the reimbursement for the reasonable expenses incurred in the activities and operations of the monitoring functions contemplated by the Consent Decree in this case.

D. Annual Budget

The Monitor shall submit to the Commonwealth a compensation agreement and annual budget for each fiscal year commencing on July 1, 2001. The annual budget shall include, but not be limited to, personal compensation for the Monitor, the cost and amount of the necessary expenses for the activities and operation of the monitoring functions, including where necessary, reasonable office expenses, travel expenses related to the performance of the duties, salaries for assistants and clerical staff, and the costs of contracting consultants in areas outside the areas of expertise of the Monitor. The parties acknowledge that the Commonwealth shall also pay for such other appropriate and necessary expenses as may arise as they relate to the monitoring of this matter.

The Commonwealth reserves the right to object to any expense that it considers unreasonable, excessive, or beyond the scope of the duties of the Monitor set forth in the Settlement Agreement of 1997.

In the event that the Commonwealth does not accept the annual budget submitted by the Monitor and the parties to this Compensation Agreement do not resolve the controversy, the issue will be submitted to the Court for resolution and adjudication.

E. Procedure for Payment

On the 30th day of each month, the Monitor shall submit to the Court and the parties a detailed statement of the services rendered itemizing the time spent on each activity and the amount due to him as personal compensation. In addition, the Monitor shall include a detailed statement of the expenses incurred on that month and shall itemize each expense. The Monitor shall attach to the statement a proposed order for payment.

The parties shall have five (5) working days upon receipt of the Monitor's statement to comment or otherwise object to payment. The parties and the Monitor shall make every effort to promptly resolve by consensus any objections. In the absence of a consensus, the objecting party or parties, shall notify the Court of any objection.

The Court shall review the statement of the Monitor and the objections, if any. Thereafter, the Court shall direct an appropriate order for payment to the Clerk of the Court for prompt payment

F. Source of the Funds

The payment for services rendered by the Monitor and the expenses as contemplated by this Compensation Agreement shall be funded from the assigned annual budget of the Administration of Juvenile Institutions, unless otherwise provided for.

G. Tax Liability

The Monitor is responsible for all Commonwealth and federal tax liability, federal social security, and municipal patents, unemployment insurance and other expenses of earning an income and running a business in the Commonwealth of Puerto Rico. The Monitor shall accompany his/her Compensation Agreement with a copy of a Negative Certificate of Debt from the Commonwealth Department of the Treasury.

H. Audit Rights

The Commonwealth reserves the right to inspect, review and audit, pursuant to accepted auditing standards, the accounts, books, records and activities of the Monitor to determine compliance with the provisions and requirements of this Agreement and the laws of the Commonwealth of Puerto Rico. If necessary, this audit will be performed by a Certified Public Accountant approved by the Court.

III. OTHER DUTIES AND CONSIDERATIONS

A. The Monitor agrees that during the life of this Agreement not to engage in a personal conflict of interest with the Commonwealth of Puerto Rico and not to engage in services for parties with adverse interests or in conflict with those of any entity, agency, or governmental instrumentality of the Commonwealth of Puerto Rico.

B. The Monitor agrees that during the life of this Agreement, the Monitor shall not enter into any other contract with any other governmental agency of the Commonwealth of Puerto Rico.

C. The Monitor asserts that no state officer or public employee has any direct or indirect pecuniary interest in this Agreement and that he is not deriving any pecuniary advantage of any type from any third party as the result of the performance of his functions.

D. The Monitor agrees that he/she will not engage any family members by blood or law or business partners to provide services that require compensation pursuant to this Agreement.

E. All records and documents prepared by the Monitor in the performance of his duties shall be in the custody of the Monitor and shall not be otherwise disposed of during the life of the case but upon the termination of the same shall thereafter become the property of the Commonwealth with the expectation that they shall pass to the National Archives of the Commonwealth of Puerto Rico.

F. All office equipment and accessories and properties purchased by the Monitor for his activities and operations shall be transferred to the Commonwealth of Puerto Rico should the Monitor cease in his or her functions or the case reach its termination.

IV. DURATION OF THE AGREEMENT

Unless otherwise provided, this Agreement shall run from fiscal year to fiscal year, starting on July 1, 2002, and ending on June 30 of every year.

This Agreement may be terminated short of its duration in the case of the Monitor becoming unavailable, upon breach of its terms and conditions, upon a Court Order to said effect, or upon misconduct as to justify immediate rescission of the same.

WHEREFORE, in light of the foregoing agreements, the Commonwealth and the Monitor respectfully submit this Compensation Agreement to the Court, duly signed, so that it be adopted by the Court as an adjunct to Paragraph 100 of the Consent Decree.

Respectfully submitted,

In San Juan, Puerto Rico this ____ day of ______________, 200__.

On behalf of the Administration of Juvenile Institutions:

Victor Rivera
Secretary of the Department of
Corrections and Rehabilitation and
Acting Administrator of the
Administration of Juvenile Institutions

On behalf of the Commonwealth of Puerto Rico:

Carlos A. Del Valle Cruz
USDC-PR 130108
Special Counsel
Department of Justice of Puerto Rico
P.O. Box 9021092
San Juan, Puerto Rico 00902-1092

Court Monitor

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Updated August 6, 2015

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