Exhibit_A-_SDP_Scope_of_Work_1.pdf

Exhibit A – SCOPE OF WORK CITY OF PHOENIX

EXHIBIT A – SCOPE OF WORK

1. OVERVIEW: The City of Phoenix (the “City”) through the City Prosecutor’s Office (the “Prosecutor’s Office”) issues this request for proposals (the “RFP”) to qualified proposers to develop and operate for persons charged (the “Defendant”) with a shoplifting or theft-related offense and who meet the City’s criteria to participate in this diversion program (the “Shoplifting/Theft Diversion Program” (SDP) also, the “Program”. The Program seeks to move a Defendant out of the criminal justice system and into a program that combines a Defendant’s comprehensive personal assessment with education or treatment, in addition to referrals, to help the Defendant avoid criminal behavior after the completion of the program. The Program also helps to reduce the number of cases in the criminal justice system. The Diversion Unit of the Prosecutor’s Office administers the Program (the “Prosecutor’s Office”).

A person eligible for the Program must accept and enter into the City’s pre-conviction diversion plea agreement (Exhibit “C”), admit guilt, and agree to comply with the terms of the Program. If a Defendant fails to complete the Program as the plea agreement requires, the court will impose the sentence dictated in the plea agreement. If a Defendant completes the Program and all conditions, the City may dismiss the eligible charge(s) without prejudice.

The existing contract will expire on June 30, 2026. The City issues this RFP to select a qualified contractor to operate the Program beginning on or about July 1, 2026.

2. CITY’S RIGHTS AND RESPONSIBILITIES:

2.1. ELIGIBILITY CRITERIA: Determine the eligibility criteria for the program, including updating, amending and supplementing the eligibility criteria over the term of any contract resulting from this RFP.

2.2. APPROVAL OF PROGRAM: Meet with the Contractor to review and discuss the impact of the additions or modifications to the Program, not previously approved by the City, and if appropriate, in the City’s discretion, approve any Program changes in writing prior to implementation. Any changes to the established Program must have prior approval of the Diversion Programs Administrator.

2.3. COORDINATE: Coordinate the operation of the program by the successful

Offeror with the Phoenix Municipal Court.

2.4. NOTICE OF CHANGE IN LAW: Provide the successful Offeror with reasonable prior notice of any changes in Arizona statutes and City ordinances, rules and procedures that affect program, either operationally or substantively.

2.5. CHANGE IN FORMS/PROCEDURES: Add and modify program forms and procedures provided that, the City of Phoenix Diversion Programs Administrator reviews and discusses any such changes with the successful Offeror.

2.6. APPROVAL OF FORMS: Review and approve forms used to document

Defendants’ participation in the program.

2.7. FORMS DOCUMENTATION OUTCOMES: Provide samples of all documents necessary for the successful Offeror to document the success or failure of a Defendant who participates in the program and to close the file.

2.8. REVIEW OF INFORMATION: Review Contractor’s Defendant case files, personnel files, financial records, and to evaluate attendance and monitor required meetings and classes monitoring, to the extent City determines is necessary. (Any information gathered during the monitoring shall become the property of the City.)

3. OBLIGATIONS OF SUCCESSFUL OFFEROR: The successful Offeror will be required to develop and operate a program which complies with the requirements of the City, the City Code, and other applicable laws, rules and regulations. The Program must satisfy the following requirements.

3.1. SERVICES: Provide complete services to each Defendant referred to the program for diversion and pre-diversion. Program assessor will determine which services will be assigned at time of screening/intake.

3.2. OFFICE REQUIRED: Maintain an office location readily accessible to

Defendants located within 10 miles of the Phoenix Municipal Court Building, 300 West Washington Street, Phoenix, Arizona, 85003 by the effective date of the contract for conducting intake appointments, exchanging documents with the Prosecutor’s Office, and assisting Defendants. The office hours must be open for services from 8:00 a.m. to 5:00 p.m. on all regular workdays scheduled by the City of Phoenix.

3.3. INDIVIDUALIZED CASE PLAN: Establish, implement, and oversee an individualized case plan for each Defendant who requires services instead of, or in addition to, the regular program. This includes case management of services provided by other agencies.

3.4. SERVICES: Provide an educational class(es) and/or counseling. At the time of screening/intake, the assessor will determine which services will be assigned.

3.5. OUT OF MARICOPA COUNTY/STATE OF ARIZONA DEFENDANTS:

Provide a case management plan and monitoring for all necessary services for Defendants who live outside of Maricopa County or the State of Arizona and are unable to complete services with the Offeror.

3.6. RESOURCE INFORMATION AND REFERRALS: Provide resource

information and appropriate community referrals to the Defendants based on each Defendant’s needs determined at screening/intake and throughout the program.

3.7. COUNSELING AVAILABILITY: Conduct counseling services on weekday evenings and Saturdays. Based on demand, must have sessions available Monday through Friday between 8:00 a.m. and 5:00 p.m.

3.8. CONFIRMATION OF ELIGIBILITY: If not ordered by the Phoenix Municipal

Court, confirm eligibility of the Defendant prior to enrollment in accordance with criteria established by the Prosecutor's Office.

3.9. PHONE SERVICES: Phones must be answered during regular City of Phoenix business hours, Monday through Friday between 8:00 am and 5:00 pm.

Establish a method of receiving messages from Defendants during business and non-business hours.

3.10. BILINGUAL REQUIREMENT: Employ bilingual staff who are fluent in English and Spanish and ensure that all services, program forms, and materials are provided in English and Spanish.

3.11. INTERPRETERS: Provide interpreters for all non-English speaking

Defendants at no additional cost to the Defendants for all services.

3.12. AMERICANS WITH DISABILITIES ACT: Comply with the Americans with

Disabilities Act.

3.13. AVAILABILITY FOR COURT: Have staff accessible by phone on stand-by status, in lieu of a court ordered subpoena, to appear and testify in Municipal Court about the status of Defendants in the Program as needed during regular City of Phoenix business hours.

3.14. CAP ON SESSION PARTICIPANTS: Ensure educational group session do not exceed a maximum of 30 Defendants per session and if offered, counseling group sessions do not exceed a maximum of 15 Defendants per group session.

3.15. CONFIDENTIALITY POLICY: Develop and maintain a confidentiality policy including the duty to warn requirements as required by law.

3.16. PARTICIPATION IN CITY’S PROGRAM EVALUATION: The Prosecutor’s

Office may conduct a program evaluation of the Offeror’s program during the term of the contract to ensure compliance and performance. Participate in any evaluation of the Offeror’s program conducted by the Prosecutor’s Office in any format provided.

3.17. SCREENING/INTAKE: Schedule Defendants for screening/intake and services, and ensure Defendants are active in the program in the timeline identified by the City.

3.18. OUTREACH: Establish a written policy to contact and document the case to reflect all efforts to “reach out” to Defendants who do not contact the program within the five day period described in the plea agreement.

3.19. CLOSING CASES: Establish a process to close cases when Defendants fail to complete screening intake within 30 days of signing the plea agreement.

3.20. INACTIVE CASES: Establish a process to close cases for Defendants who become inactive in the Program (e.g. stop participating after intake). Cases should be closed within two weeks after following established outreach efforts, but no later than three weeks prior to the next scheduled court date.

3.21. COMPLETION CLOSURES: For Defendants who complete the Program, establish a process to close the case within two business weeks of each Defendant’s completion date or before their scheduled court date, whichever comes first.

3.22. NO PROGRAM RE-ENTRY: Enforce the City policy prohibiting a Defendant from re-entering the Program after the Defendant’s case has been closed, unless the re-entry is approved in writing by the Prosecutor’s Office.

3.23. CLOSURE FORMS: Submit closure forms in the format provided by the

Prosecutor’s Office. To be filed with the Phoenix Municipal Court (typically a motion or status report).

3.24. REDUCED FEE SCHEDULE: Implement a reduced fee schedule, approved by the Prosecutor’s Office, for indigent Defendants.

3.25. RESTITUTION: Arrange payment of restitution from the Defendant upon notification from the Diversion Unit. Notify Defendant as to the amount of restitution owed and collect all restitution payments. Offeror is required to remit the restitution funds to a City. Frequency of restitution remittal to victim will be upon weekly processing, at a minimum, by the Offeror of restitution payments made. The Prosecutor’s Office will mail the restitution payments to the victim.

3.26. COMMUNITY RESOURCES AND REFERRALS: Develop and maintain professional and community affiliations and referral resources necessary to conduct the program.

3.27. COMPUTER SYSTEM: Maintain a computer system with sufficient number of computers and capacity to allow program staff to access the system.

3.28. COURIER SERVICE: Provide courier service to deliver documents required by the Prosecutor’s Office, as needed.

3.29. FILE MAINTENANCE AND RETENTION: Maintain and retain files, hard copy files or electronic files that reflect each Defendant's attendance at, participation, and completion, if any, of the program. If only electronic files are kept, hard copies of files must be provided when requested by the Prosecutor’s Office.

These documents must be accessible to the Prosecutor’s Office at all times.

3.30. AVAILABILITY OF DEFENDANT’S STATUS INFORMATION: Upon request, provide a Defendant’s status report in the program at no cost to the Defendant, the Prosecutor's Office, and the Phoenix Municipal Court.

3.31. DEFENDANT RECORDS: When the Agreement is terminated or expires, all defendant records shall become the property of the City and, upon request, forwarded to the City.

3.32. OPERATIONS MANUAL: Complete and submit an operations manual within

30 calendar days following the effective date of any contract awarded pursuant to this RFP. A current operations manual must be submitted at the beginning of each fiscal year. The operations manual must be revised during the term of the contract to ensure it remains up to date and reflects any and all changes in procedures.

3.33. MONTHLY REPORT: Complete a monthly report for the preceding month due to the Prosecutor’s Office by the 10th of each month. The following program data will be included:

3.33.1. The names and total number of Defendants referred to the program.

Cases should be identified as either pre-plea diversion or post-plea diversion.

3.33.2. The names and total number of Defendants who completed the program. Cases should be identified as either pre-plea diversion or post-plea diversion.

3.33.3. The names and total number of Defendants who did not complete the program. Cases should be identified as either pre-plea diversion or post-plea diversion.

3.33.4. The names and total number of Defendants who paid a full program fee.

3.33.5. The names and total number of Defendants who paid a reduced program fee.

3.33.6. The names and total number of Defendants who completed the program with another agency/out of county/state.

3.33.7. The amount of fees remitted to the City.

3.33.8. The number of new cases requiring restitution payments.

3.33.9. The names of Defendants and amount of restitution collected per

Defendant.

3.33.10. The names of Defendants and the amount of restitution disbursed to associated victim(s).

3.33.11. The names of any new subcontractors and group facilitators performing services under the Agreement.

3.34. COLLECTION: The contractor accepts full responsibility for the collection of fees and restitution from Defendants.

3.35. REMITTANCE: Remit to the City monthly a one-time fee of $30.00 for each

Defendant who completes the program and pays the full program fee. Full program fee means Defendant paid the Offeror’s program fees with no reduction in fees for services. Remittance must be submitted to the City within 30-days of finalizing the monthly report.

3.36. PARTICIPANT EVALUATION: A monthly summary of the evaluation data, including participants written responses and comments for each Defendant, must be submitted by the last day of the month for the preceding month.

3.37. INITIAL SIX-MONTH REPORT: Following the first six months after the commencement of any contract resulting from this RFP, prepare and deliver an initial report to the Prosecutor’s Office within 30 calendar days after the end of such six month period, which report will describe the demographics of the Defendants in the program, the services provided, the program successes and failures using measurable criteria, and recommendations for program improvements based on performance measures identified in the contract resulting from this RFP, together with a detailed cumulative expense and revenue report for the program. (Access to raw data must be granted to the Prosecutor’s Office).

3.38. SEMI-ANNUAL REPORT: Complete a semi-annual report due to the

Prosecutor’s Office on January 30 and July 30, which will identify the demographics and the reasons why Defendants were closed non-compliant.

3.39. ANNUAL PROGRAM REPORT: Complete an annual report at the end of each fiscal year of the City during the term of any contract resulting from this RFP.

The report will describe the demographics of the Defendants in the program, the services provided, the program successes and failures using measurable criteria, recommendations for program improvements based on performance measures identified in the contract resulting from this RFP or new literature or research available, together with a detailed cumulative expense and revenue report for the program that is in form and substance acceptable to the City. The report is due to the Prosecutor’s Office 30 calendar days following the end of each such fiscal year.

3.40. SERVICE GUARANTEE: All services required by the terms of this RFP shall include the complete and normal processing of all Defendants referred during the entire term of the Agreement. Defendants may be ordered during the entire term of the Agreement to complete the program, and the Offeror will complete all services to all Defendants ordered to the program during the term of the contract and past termination of the contract if the Defendant’s program is not yet complete.

3.41. MAINTAIN SERVICES: Contractor agrees to maintain services and shall not reduce any services without the written authorization of the City.

3.42. ADVERTISING: Refrain from advertising or publishing news releases concerning the Agreement or the Program without the prior written consent of the Diversion Programs Administrator.

4. REQUIRED NOTIFICATIONS:

4.1. Upon request, information on initial and on-going training of staff and group facilitators.

4.2. Notify the Diversion Programs Administrator in writing immediately upon receipt of any claim by a defendant alleging harm or mistreatment of any nature by anyone related to the Program. In these circumstances, the Contractor shall provide the defendant with the name and telephone number of the Diversion Programs Administrator.

4.3. Contractor will notify the Diversion Programs Administrator immediately in writing upon (a) any change in the Contractor's management personnel performing the services provided pursuant to this Agreement; (b) any occurrence or conditions that interfere with Contractor’s ability to fully perform the services required under this Agreement; and (c) any occurrence that results in, or could result in, injury or damages to persons receiving services or providing services under the Agreement.

PROGRAM STATISTICS AND INFORMATION: The statistics provided in this RFP reflect the actual number of Defendants who signed a plea agreement or who completed a program during the listed periods. The City provides these statistics to help an Offeror estimate program services that may be required. Be advised, the actual number of Defendants who sign a plea agreement, participate in a program, and complete the terms may vary from these statistics. By submitting a proposal, each Offeror expressly agrees to provide program services for the actual number of Defendants who initially agree to participate in the Program during the term of any agreement resulting from this RFP.

The Prosecutor’s Office established the Shoplifting/Theft Diversion Program in 1988.

Statistics:

Fiscal Year Number of

Defendants who signed plea agreements

Number of Defendants who reenrolled

Number of Defendants who completed the

Program

Number of Defendants who completed and paid reduced fees 2022/2023 216 83 185 109

2023/2024 161 43 150 79

2024/2025 256 65 172 77

Approximate number of education classes/groups held per month: 4

The following information is based on fiscal year 2024/2025:

Demographic Approximations:

• 38% male

• 62% female

• 30% high school graduate or GED (no college)

• 41% between 18 and 29 years old

• 25% between 30 and 39 years old

• 34% employed full-time

• 15% employed part-time

• 30% unemployed

Other Data:

• 15 cases involved restitution

• $2,850 was remitted to the City of Phoenix by current provider for all compliant

Defendants paying a full fee.

Fees:

• $220 for 8-hour education class

• $45 fee for individual counseling session in lieu of group session

• $25 for referred-out client: out of state, includes reporting

• $25 for second no show fee (missed intake/class)