FDC ITN-23-054.pdf

Invitation to Negotiate (ITN)

Day Reporting Center Pilot – Judicial Circuit 10

FDC ITN-23-054

JoAnna Carraway Procurement Officer Florida Department of Corrections 501 S. Calhoun Street Tallahassee, FL 32399

TABLE OF CONTENTS

TIMELINE

SECTION 1 – DEFINITIONS

SECTION 2 – INTRODUCTION

2.1 Background

2.2 Statement of Purpose

2.3 Procurement Overview

2.4 Goals of the Department and this ITN

2.5 Service Implementation and Transition

2.6 Term of Contract

2.7 Pricing Methodology

2.8 Resources

2.9 Value-Added Services

SECTION 3 – SCOPE OF WORK

3.1 General Description of Services

3.2 Service Locations

3.3 Rules and Regulatory Requirements

3.4 Confidentiality

3.5 Department Responsibilities

3.6 Overview of Services

SECTION 4 – PROCUREMENT RULES AND INFORMATION

4.1 General Instructions to Vendors

4.2 Procurement Officer

4.3 Questions

4.4 Mandatory Site Visits and Pre-Reply Conference

4.5 Special Accommodations

4.6 Alternate Provisions and Conditions

4.7 Reply Bond

4.8 Performance Guarantee/Bond

4.9 Pass/Fail Mandatory Responsiveness Requirements

4.10 Submission of Replies

4.11 Contents of Reply Submittals

4.12 Reply Opening

4.13 Costs of Preparing Reply

4.14 Disposal of Replies

4.15 Right to Withdraw

4.16 Right to Reject Reply Submissions and Waiver of Minor Irregularities

4.17 Addenda

4.18 Reply Evaluation Criteria

4.19 Reply Evaluation and Negotiation Process

4.20 State Licensing Requirements

4.21 MyFloridaMarketPlace Vendor Registration

4.22 Unauthorized Employment of Alien Workers

4.23 Confidential, Proprietary, or Trade Secret Material

4.24 Substitute W-9

4.25 Scrutinized Company Certification

4.26 Disclosure of Reply Submittal Contents

4.27 Advertising Notice of Agency Decision

4.28 Protest Procedures

SECTION 5 – CONTRACT TERMS AND CONDITIONS

5.1 General Contract Conditions

5.2 Travel Expenses

5.3 E-Verify

5.4 State Initiatives

5.5 Subcontracts

5.6 Insurance

5.7 Intellectual Property

5.8 Use of Funds for Lobbying Prohibited

5.9 Safety Standards

5.10 Americans with Disabilities Act

5.11 Employment of Department Personnel

5.12 Legal Requirements

5.13 Conflict of Law and Controlling Provisions

5.14 Prison Rape Elimination Act (PREA)

5.15 Contract Modifications

5.16 Contract Monitoring

5.17 Rights to Examine, Audit, and Administer Resources

5.18 Default

5.19 Termination

5.20 Retention of Records

5.21 Indemnification

5.22 Cooperation with the Inspector General

5.23 Cooperation with the Florida Senate and Florida House of Representatives

5.24 Security Requirements

5.25 Disputes

Attachment I - Price Information Sheet

Attachment II - Vendor’s Reference Form

Attachment III - Vendor’s Contact Information

Attachment IV - Certification of Drug Free Workplace Program Attachment V - Subcontracting Form

Attachment VI - Security Requirements for Contractors

Attachment VII - Reply Bond Form

Attachment VIII - Pass/Fail Requirement Certification and Non-Collusion Certification

Attachment IX - Notice of Conflict of Interest

Attachment X - Nondisclosure Agreement for Restricted Information Attachment XI - Business Associate Agreement for HIPAA

Attachment XII – Community Supervision Referral Form

TIMELINE

EVENT DATE LOCATION

Release of ITN July 24, 2023 Vendor Information Portal (VIP):

https://vendor.myfloridamarketplace.com/

Mandatory Pre-Reply Conference and

Site Visit

August 14, 2023 At 1:00 p.m., Eastern Time

See Section 4.4 for information regarding the mandatory site visit:

Florida Department of Corrections 3810 South Florida Avenue

Lakeland, Florida 33813

Last Day for written inquiries to be received by the

Department

August 18, 2023, Prior to 5:00 p.m., Eastern Time

Submit questions to:

Florida Department of Corrections

Bureau of Procurement Email: Purchasing@fdc.myflorida.com

Subject Line Should Read: FDC ITN-23-054 Anticipated Posting of written responses to written inquiries

September 26, 2023 Vendor Information Portal (VIP):

https://vendor.myfloridamarketplace.com/

Sealed Replies Due and Opened

October 20, 2023, at 2:00 p.m., Eastern Time

Replies should be addressed to:

Attn: JoAnna Carraway, Procurement Officer

Florida Department of Corrections Bureau of Procurement

501 South Calhoun Street Tallahassee, Florida 32399

Evaluation Team Meeting November 6, 2023 at 2:00 p.m., Eastern Time

Meeting Location:

Florida Department of Corrections

Bureau of Procurement 501 South Calhoun Street

Tallahassee, Florida 32399

Anticipated Negotiations November 2023- January 2024

Meeting Location:

Florida Department of Corrections

Bureau of Procurement 501 South Calhoun Street

Tallahassee, Florida 32399

Negotiation Team Meeting February 2024

Meeting Location:

Florida Department of Corrections

Bureau of Procurement 501 South Calhoun Street

Tallahassee, Florida 32399 Anticipated Posting of Intent to Award March 2024 Vendor Information Portal (VIP):

https://vendor.myfloridamarketplace.com/ mailto:Purchasing@fdc.myflorida.com

SECTION 1 – DEFINITIONS

The following terms used in this Invitation to Negotiate (ITN), unless the context otherwise clearly requires a different construction and interpretation, have the following meanings:

1.1 Americans with Disabilities Act (ADA): Legislation that prohibits discrimination based on disability, which can be found in the Americans with Disabilities Act and the Code of Federal Regulations (C.F.R.) at 28 C.F.R. Parts 35 (Title II) and 26 (Title III).

1.2 Business Day: 8:00 a.m. to 5:00 p.m., Eastern Time (ET), excluding weekends, State holidays, or other official closures.

1.3 Case File: A file developed and maintained by the Contractor for each Offender receiving services at the Day Reporting Center (DRC), which may contain information on the Offender's program enrollment, employment, financial status, obligations, probation compliance, and other information.

1.4 Case Management Plan (CMP): A written individualized plan coordinating and integrating support services for an Offender to optimize service delivery identifying the specific needs, goals, progress, and referrals to services within the Day Reporting Center (DRC) or from community provider services, and included in the Offender’s Case File.

1.5 Case Manager: The Contractor’s employee responsible for developing, monitoring, and reassessing Case Management Plans (CMP) for Offenders receiving services at the Day Reporting Center (DRC).

1.6 Community Supervision Program Referral (DC5-404): The Department-required form that serves as the official record for an Offender file and is used to document treatment referrals.

1.7 Contract: The formal written agreement resulting from this ITN between the Successful Vendor and the Department.

1.8 Contractor: The Successful Vendor who, upon finalization of the solicitation process, enters into a two-party Contract with the Department to provide the services sought.

1.9 Contract Compliance Monitoring: An in-depth, comprehensive evaluation conducted annually by the Contract Manager or their designee to document the Contractor’s compliance with the terms of the Contract and to evaluate overall Contractor performance. The frequency of monitoring is at the discretion of the Contract Manager, with programs functioning at a satisfactory level monitored less frequently.

1.10 Contract Manager: The Department’s employee, or their designee, responsible for performance oversight and operational management of the Contract. The Contract Manager will be designated in the Contract.

1.11 Corrective Action Plan (CAP): The Contractor's written comprehensive plan to remedy deficiencies discovered during the Contract term.

1.12 Cost Reply: The portion of the Vendor’s Reply relating to costs, which must include the completion of Attachment I, Price Information Sheet.

1.13 Criminogenic Needs: Factors associated with recidivism that can be changed, such as antisocial attitudes, criminal peers, substance use, education, employment, satisfaction with family life, and financial well-being.

1.14 Day: Calendar Day unless otherwise stated.

1.15 Day Reporting Center (DRC): A nonresidential center offering multiple services and supervision for Offenders in the community.

1.16 Department (FDC): The State of Florida, Department of Corrections.

1.17 Evidence-Based Practices: Service approaches, or utilization of curricula, that are validated by some form of documented scientific evidence, having specific outcome measures. Evidenced- Based Practices or curricula contrast approaches based on tradition, convention, belief, or anecdotal evidence.

1.18 HIPAA: The federal law known as the Health Insurance Portability and Accountability Act of 1996

(HIPAA, Title II) established standards for the security and privacy of health data and related rules.

1.19 Licensure: The statutory or regulatory authority granted by the Florida Department of Children and Families (DCF) to provide substance use treatment programs to an Offender.

1.20 Licensure Inspection: An on-site inspection conducted by the Florida Department of Children and Families (DCF) of the licensed substance use treatment program and a review of the service components provided to monitor and ensure the Contractor's level of compliance with licensure standards.

1.21 Local Quality Assurance Coordinator: A Department employee designated to monitor the

Contract Quality of service delivery and to coordinate actions and communications between the Department and the Vendor.

1.22 Mandatory Responsiveness Requirement(s): Terms, conditions, and requirements that must be met by the Vendor to be considered responsive to this ITN.

1.23 Material Deviations: A deviation that the Department, at its sole discretion, has found to be out of substantial accord with the scope of this ITN, provides a substantial competitive advantage to other Vendors, has a potentially significant effect on the quantity or quality of services sought or on the cost to the Department.

1.24 Minor Irregularity: A deviation from the requirements and specifications of this ITN that does not give the Vendor a significant competitive advantage or benefit not enjoyed by other Vendors and does not adversely impact the interests of the Department.

1.25 Monthly Admission and Discharge Report: The Vendor’s monthly report listing all names, DC numbers, and the date of admission or discharge for each Offender admitted or discharged during the month.

1.26 Offender: An individual under community supervision with the Department and ordered by the sentencing authority or releasing authority to participate in the Day Reporting Center (DRC) services as a condition of supervision or in accordance with the terms of the pre-trial intervention agreement and approval by the Department.

1.27 Offender Based Information System (OBIS): The Offender Based Information System that serves as the Department’s official record-keeping system of Offenders.

1.28 Outpatient Substance Use Disorder (SUD) Treatment: An array of substance use disorder treatment programs of lesser intensity than a residential treatment program.

1.29 Per Diem: A fixed-rate the Department will pay per day, per Offender from the time of intake and orientation through DRC discharge.

1.30 Prison Rape Elimination Act (PREA): The “Prison Rape Elimination Act of 2003” and related rules. The Act provides for analysis of the incidence and effects of prison rape in federal, State, and local correctional institutions and facilities and for information, resources, recommendations, and funding to protect individuals from prison rape.

1.31 Probation Office Monthly Progress Report: The Contractor’s monthly report outlining the Day

Reporting Center (DRC) service participation, attendance, and progress of each Offender, delivered to the supervising probation officer.

1.32 Probation Officer: Department employee appointed to investigate, report on, and supervise the conduct of convicted Offenders on probation.

1.33 Program Director: The Contractor’s employee responsible for the Day Reporting Center’s day-to-day operations and liaise with the Contract Manager and designated staff.

1.34 Program Manager: The Contractor’s employee responsible for the administration of the Contract.

1.35 Quality Assurance Program: A formal method of evaluating the quality of care rendered by a Contractor used to promote and maintain efficient and effective service delivery, which includes using a quality improvement process to prevent problems from occurring so that corrective efforts are not required.

1.36 Reply: A Vendor’s written response submission to the Department as an answer to this ITN.

1.37 Responsible Vendor: A Vendor with the capability, in all respects, to fully perform the Contract requirements and the integrity and reliability that will assure good faith performance.

1.38 Responsive Reply: A Reply submitted by a Responsible Vendor that conforms in all material respects to this solicitation.

1.39 Subcontract: An agreement entered into by the Vendor with any other person or organization in which the Vendor delegates its duties explicitly to securing or fulfilling the Contract.

1.40 Successful Vendor: The legally qualified corporation, partnership, or other entity, that receives the award of this ITN and performs contractual duties as the prime Contractor under the Contract.

1.41 Technical Reply: The portion of the Reply submitted which includes all documentation submitted by the Vendor but must not include Attachment I, Price Information Sheet.

1.42 Value-Added Services: Additional services and commodities the Vendor may offer the

Department, at no additional cost, beyond those services and commodities expressly included in this ITN, which may be unknown to the Department at this time yet meet its overall goals.

1.43 Vendor: A legally qualified corporation, partnership, or other business entity submitting a Reply to the Department in response to this ITN.

SECTION 2 – INTRODUCTION

2.1 Background

Pursuant to Chapter 945, Florida Statutes (F.S.), the Florida Department of Corrections (Department) is responsible for the supervisory and protective care, custody, and control of its supervised Offender population.

Through its Office of Community Corrections, the Department supervised approximately 146,000 Offenders in Fiscal Year (FY) 2021-2022 sentenced to Community Supervision. During FY 2021- 2022, approximately 69,483 Offenders were sentenced to community supervision, and approximately 66,981 were released from the Department’s supervision. Of the 66,981 Offenders released, approximately 60.5% completed their supervision. The Department’s data indicates that within three (3) years of release, 92.4% of the Offenders who successfully completed supervision will not be reincarcerated or sentenced to another term of community supervision.

The remaining 39.5% of the Offenders released from supervision are terminated by the Court or unsuccessfully terminated, have probation revoked, and are sentenced to another supervision term, jail, or prison. Challenges for these individuals include a lack of education and employment skills, inability to obtain and maintain permanent employment, antisocial attitudes and values, mental health and substance use problems, medical issues, lack of housing, and family issues.

Pursuant to Chapters 944.012(6) and 921.0024, F.S., offenses committed on or after July 1, 2009, the Court may divert the Offender from a prison sentence and sentence them to a Day Reporting Center (DRC), as an alternative non-prison sanction, and as part of their supervision order, if the Offender meets the following eligibility criteria, per Section 921.0024, F.S.:

• The Offender’s primary offense is a felony of the third degree;

• The Offender’s total sentence points score, as provided in Section 921.0024, F.S., is not more than 48 points, or the Offender’s total sentence points score is 54 points, and 6 of those points are for a violation of probation, community control, or other community supervision, and do not involve a new violation of law;

• The Offender has not been convicted or previously convicted of a forcible felony as defined in Section 776.08, F.S., but excluding any third-degree felony violation per Chapter 810, F.S.;

and

• The Offender’s primary offense does not require a minimum mandatory sentence.

If the court elects to impose a sentence, the court shall sentence the Offender to a term of probation, community control, or community supervision with mandatory participation in a prison diversion program with the Department and reflected on the court order. The program may require residential, non-residential, or day-reporting requirements; substance use treatment;

employment; restitution; academic or vocational opportunities; community service work; or programming targeted to address identified Criminogenic Needs of the Offender.

2.2 Statement of Purpose

The Department is seeking Responsive Replies from Responsible Vendors with at least three (3) years of experience operating a DRC for adult Offenders on probation with felony offenses as a diversion from prison within the last five (5) years. The judiciary will divert Offenders from prison by offering a DRC with on-site service delivery to minimally include:

• Validated risk/needs assessment;

• Evidence-based curricula;

• Outpatient substance use assessment and treatment;

• Drug testing;

• Anger management;

• Batterer’s intervention;

• Employment skills;

• Personal finance and budgeting skills;

• A structured wellness program to provide team building and interpersonal relationship skills;

and

• Other life skills.

2.3 Procurement Overview

The Department is requesting competitive, Responsive Replies from experienced and qualified, Responsible Vendors to provide DRC services to Offenders under the Department’s supervision.

The Department is interested in considering value-added services that benefit or complement the services described herein. The Department is seeking innovative solutions from interested Vendors.

2.4 Goals of the Department and this ITN

The Department desires to provide services to the population described in Section 2.1 of this ITN and achieve strategic improvements for successful completion rates of Offenders on felony supervision through the DRC.

The Department has specific goals for the new Contract, which include, but are not limited to, the following:

• Provide the appropriate targeted level of services to each Offender;

• Reduce the unsuccessful rate for Offenders on felony supervision with the Department;

• Increase the successful completion of probation for Offenders on felony supervision with the

Department;

• Reduce the anti-social thinking among Offenders enrolled in the DRC; and

• Increase the number of Offenders who successfully complete probation and have not been incarcerated or sentenced to another term of community supervision.

2.5 Service Implementation and Transition

The Department intends to execute a Contract with the Successful Vendor who has the capability to implement service delivery, as described herein, on a date agreed upon between the Vendor and the Department. The Department anticipates February 2024 as the start date for the Contract resulting from this ITN.

The Department reserves the right to revise the Timeline or cancel this ITN as it deems necessary, as in its best interest or the best interest of the State.

2.6 Term of Contract

The Department may elect to enter into a Contract for a period of three (3) years. At its sole discretion, the Department may renew the Contract for up to three (3) additional years, or portions thereof, per Section 287.057(14), F.S., at the same prices, terms, and conditions. Any renewal shall be contingent, at minimum, on the Successful Vendor’s satisfactory performance of the Contract, as determined by the Department. If the Department desires to renew the Contract, it will provide written notice to the Vendor no later than 120 Days before the Contract’s expiration.

The Department intends to award one (1) Contract based on funding availability and the Department’s determination of service needs. However, the Department reserves the right to enter into multiple contracts.

2.7 Pricing Methodology

The Department is seeking a solution that will provide the best value to the State. As part of the best value determination, interested Vendors must submit a Cost Reply, utilizing Attachment I, Price Information Sheet, and their Technical Reply. Vendors are encouraged to submit a Cost Reply offering the most competitive and innovative solution for service delivery. Vendors must provide the Cost Reply in accordance with the instructions in Section 4.10, Submission of Replies.

2.8 Resources

The Department is providing the following links to post-release services for Offenders, which Vendors may find helpful in the development of their Replies. Currently, the Department does not have a DRC in operation.

• https://facts.fldfs.com/Search/PurchaseOrderDetails.aspx?AgencyId=700000&PONo=C03D

• https://facts.fldfs.com/Search/PurchaseOrderDetails.aspx?AgencyId=700000&PONo=C03E

3D

• https://facts.fldfs.com/Search/PurchaseOrderDetails.aspx?AgencyId=700000&PONo=C03D

2.9 Value-Added Services

If the Department accepts any Value-Added Services offered by the Vendor, they will become a requirement(s) of the Contract. The Vendor’s Reply shall include a detailed description of all Value-Added Services the Vendor is offering the Department, including timeframes for implementation. The Department is interested in any proposed Value-Added Services which would assist it in accomplishing the goals of this ITN.

Value-Added Services are services that enhance the delivery of the ITN goals and are provided at no additional cost to the State. Value-Added Services proposed should include a timeline for implementation.

Value-Added Services accepted by the Department must be vetted and approved prior to implementation. If a Value-Added Service cannot be implemented due to being outside of the goals of the ITN or present any security concerns, the Vendor must provide an alternative solution.

The actual value of the Value-Added Services will be based on market value.

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https://facts.fldfs.com/Search/PurchaseOrderDetails.aspx?AgencyId=700000&PONo=C03D82 https://facts.fldfs.com/Search/PurchaseOrderDetails.aspx?AgencyId=700000&PONo=C03D82 https://facts.fldfs.com/Search/PurchaseOrderDetails.aspx?AgencyId=700000&PONo=C03E3D https://facts.fldfs.com/Search/PurchaseOrderDetails.aspx?AgencyId=700000&PONo=C03E3D https://facts.fldfs.com/Search/PurchaseOrderDetails.aspx?AgencyId=700000&PONo=C03D83 https://facts.fldfs.com/Search/PurchaseOrderDetails.aspx?AgencyId=700000&PONo=C03D83

SECTION 3 – SCOPE OF WORK

The Successful Vendor shall provide services that meet or exceed the minimum requirements outlined in this ITN and strictly comply with the Contract's finalized requirements, including terms and conditions finalized during the negotiation phase of this ITN.

3.1 General Description of Services

The Vendor shall provide a DRC for adult felony Offenders under the Department’s supervision as a diversion from prison. The DRC shall assist felony Offenders within the geographical area listed in Section 3.2, by offering a wide variety of on-site services or through referrals to appropriate service providers in the community.

The Vendor shall meet all requirements and performance measures and provide all required reports for the identified service areas. The service areas include the following:

3.1.1 Administer and utilize a validated, evidence-based risk and needs assessment;

3.1.2 Provide Thinking for a Change or other evidence-based, cognitive-behavioral intervention approved by the Department;

3.1.3 On-site outpatient substance use assessments and treatment;

3.1.4 On-site drug testing;

3.1.5 Employment Skills to include but not limited to pre-employment skills, job development services which shall assist in preparing for, securing, and maintaining employment, job referrals, and incentives for maintaining employment and completing the program;

3.1.6 Develop relationships with local employers and trade professionals’ organizations to aid in job placement;

3.1.7 Personal finance and budgeting;

3.1.8 Life skills education;

3.1.9 Anger management;

3.1.10 Batterer’s intervention;

3.1.11 Structured wellness programming; and

3.1.12 Other support services, as identified by the Vendor, to ensure Offenders’ success.

These services will utilize Department-approved, evidence-based curricula or interventions. The services will assist Offenders in successfully transitioning from supervision to maintaining an independent, law-abiding lifestyle while residing in the community.

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3.2 Service Locations

3.2.1 Service Location Overview

The Department is seeking Replies for Vendors to provide services in the geographical area outlined in the table below.

Judicial Circuit County Geographical City

(Within City Limits)

Approximate Number of

Offenders on supervision as of

December 9, 2022

Approximate Number of

Offenders to be assigned to the DRC monthly

10 Polk Lakeland 7,593 40

The Department anticipates the number of Offenders assigned to the DRC to fluctuate as Offenders are continually referred to and discharged from the DRC.

3.2.2 Service Location Changes

The Department reserves the right to add, remove, or change a service location upon 30 Days’ written notice to the Vendor if in the Department's best interest. A formal communication followed by a Contract amendment will accomplish such changes, additions, or removals.

3.3 Rules and Regulatory Requirements

3.3.1 All services shall be provided in accordance with all applicable federal and State laws and regulations, including Title 42 Code of Federal Regulations (C.F.R.) Part 2; the Health Insurance Portability Act of 1996 (HIPAA); Standards for Privacy of Individually Identifiable Health Information; Title C.F.R., Parts 160, 162, and 164; Chapters 39, 397, and 415, F.S.;

Chapter 33 and Rule 65D-30, Florida Administrative Code (F.A.C.), and all updates and revisions; Code of Ethics and Conduct for Addiction Professionals of Florida; and the Department’s rules and procedures. Failure to comply with present and future municipal, State, or federal requirements will result in a rejection of Replies and termination of the Contract resulting from this ITN. Should any laws, standards, rules or regulations, Department procedures, or directives change during the Contract term, the updated version will take precedence. Any application fees, penalties, fines, or other costs or monetary payment assessed against or incurred by the Department for violation of such requirements shall be the responsibility of the Vendor.

3.3.2 The specific rules, procedures, and regulations identified below or elsewhere in this section are not listed to the exclusion of any other laws, rules, policies, procedures, and regulations required throughout the Contract. The Department will monitor the Vendor's performance to ensure compliance with all laws, rules, policies, procedures, regulations, and requirements.

3.3.3 The Department reserves the exclusive right to make determinations it deems necessary to protect the best interests of the State of Florida and the health, safety, and welfare of Offenders and the general public served by the Department, directly or indirectly, through these services. The failure of the Department to set forth a specific reservation of rights as to any particular provision regarding services to be performed under the Contract does not negate the Department's reservation of rights and does not mean that any provision regarding the services to be provided under the Contract is subject to a requirement that the parties mutually agreed upon.

3.3.4 The Vendor shall modify its service delivery, including the addition or expansion of the services provided, to meet or comply with changes required by operation of law or due to changes in standards, Department mission, regulations, or as a result of a legal settlement agreement or consent order.

3.3.5 The Vendor shall ensure that the DRC complies with the applicable Rules of the State Fire

Marshall and Uniform Fire Safety Standards in Chapter 633, F.S., Fire Prevention and Control.

3.3.6 The Vendor shall pay for all costs associated with local, State, and federal licenses, permits, and inspection fees required to provide services. All required permits and licenses shall be current, maintained on site, and a copy submitted to the Contract Manager upon request.

3.3.7 The Vendor shall ensure that all the work and materials comply with all local, county, State, and federal laws, rules, ordinances, and regulations, as well as with any directive provided by inspectors appointed by proper authorities having jurisdictions at each Department-owned/leased facility. Should a violation of codes, laws or statutes, or ordinances occur relating to the Contract, the Vendor shall immediately correct the situation at no cost to the Department, including payment of any fines or penalties associated with the violation.

3.3.8 The Vendor shall comply with the Department's procedure 208.052, Filing and Processing

Discrimination Complaints, which states, "No person on the grounds of race, creed, color, national origin, age, gender, marital status, or disability, shall be excluded from participation in, be denied the benefits or the proceeds of, or be otherwise subjected to, discrimination in the performance of any Contract."

The Department's non-discrimination policy can be found on the Department's public website http://dcweb/co/pm/208.052.pdf.

3.3.9 The Vendor and the Department shall work cooperatively to ensure service delivery is in complete compliance with all such mandates and requirements.

3.4 Confidentiality

The Vendor shall maintain confidentiality with reference to individual Offenders in accordance with applicable local, State, and federal law. The Department and Vendor agree that all information and records obtained in the course of providing services to Offenders shall be subject to confidentiality and disclosure provisions of applicable federal and State statutes and regulations adopted pursuant thereto.

3.5 Department Responsibilities

3.5.1 The Department will complete Section I, Referral Information, of the DC5-404 form (Attachment XII) for each Offender approved for the DRC and forward it to the Vendor.

3.5.2 The Department will provide all available non-confidential records and social histories of referred Offenders, if such records are not otherwise protected from disclosure by law, upon the Vendor’s request.

http://dcweb/co/pm/208.052.pdf

3.5.3 The Department will provide, upon execution of the Contract, a copy of all Department forms necessary to comply with any reporting requirements specified herein.

3.5.4 The Department will provide one (1) centralized location for the Vendor to operate the

DRC.

3.6 Overview of Services

The Department intends to acquire complete and operational services for the Offender population served. Any incidental service omitted from these specifications may be provided by the Vendor, as approved by the Department, as a part of the Vendor's price to deliver quality program management of criminal justice/reentry/work release type program services that meet the minimum requirements of this ITN and supports the goals identified in this ITN. The Vendor's services, training curricula, staff, and supplies must be fully identified, described, and documented in full in the Vendor’s Reply. All staff, supplies, equipment, and other required components of this ITN shall be included in the Vendor’s Reply submission to this ITN.

3.6.1 Service Requirements

General Program Management, Programming, and Information Technology include resource planning, risk and issue management, change control, budget control, and quality assurance, as described in the following Section of this ITN.

General Program Management Requirements (GPM)

No. Requirement

GPM

The Vendor shall have adequately trained and physically able paid staff on the premises during the hours of operation, Monday through Friday, with the option of Saturday and Sunday at the Department’s discretion. All other staffing levels shall be sufficient to deliver the services described in this ITN commensurate with the DRC size.

GPM

Offenders will be assigned to services based on their identified needs, as determined by the Vendor’s risk and need assessment.

GPM

The Vendor services shall include screening and assessment; intake and orientation; development of a case management plan; drug testing; daily check-ins; assistance in obtaining records; incentives; programming to include life skills; cognitive-behavioral interventions; personal finance and budgeting skills;

employability skills training and job placement; family reunification groups; adult basic education and general education diploma (ABE/GED); substance use assessment and treatment; referrals for mental health treatment; and other relevant ancillary services.

GPM

1. The Vendor shall develop and implement a staffing plan and schedule that identifies all positions the Vendor intends to utilize to provide services under the Contract. An initial staffing plan shall be included with the Vendor’s Reply, and a final staffing plan must be provided within 30 Days of Contract execution. The Vendor shall provide the Department with any updates to the staffing plan or schedule in writing to the Contract Manager. The Vendor shall provide administrative oversight to ensure all general program management functions are fulfilled in accordance with the requirements outlined in this ITN.

2. The Vendor shall be responsible for furnishing its own supportive services, such as administrative or clerical staff. The Department will not provide any administrative functions or office support to the Vendor.

3. At a minimum, the Vendor shall have the following program management positions:

• One (1) Program Manager (or equivalent title) who shall have corporate responsibility for the administration of the Contract; and

• One (1) Program Director (or equivalent title) shall be responsible for the

DRC's day-to-day operations and liaise with the Contract Manager and designated staff.

4. The Vendor shall have a formal Quality Assurance Program demonstrating its internal review and quality control processes.

5. The Vendor shall hold a conference in person or by telephone, as often as necessary, but not less than monthly, with the Contract Manager and the Program Manager/Program Director to review the Program’s progress and issues.

GPM

Staff Conduct and Safety Requirements The Vendor shall ensure that all its staff is provided a copy of the below standards of conduct and safety requirements. A documented receipt of such notification shall be maintained in the staff’s personnel file. The Department reserves the right to disqualify, prevent, or remove any staff from work under the Contract. The Department is not obligated to inform the Vendor of the criteria for disqualification or removal.

1. The Vendor’s staff shall not display favoritism to, or preferential treatment of, one Offender or group of Offenders over another.

2. The Vendor’s staff shall not deal with any Offender except in a relationship supporting services under the Contract. Expressly, the Vendor’s staff shall never accept for themselves, or any member of their family, any personal (tangible or intangible) gift, favor, or service, from an Offender, Offender’s family, or close associate, no matter how trivial the gift or service may seem.

The Vendor shall report to the Contract Manager any violations, or attempted violations, of these restrictions. In addition, no staff member shall give any gifts, favors, or services to Offenders, their families, or close associates.

3. The Vendor’s staff shall not enter into any business relationship with Offenders, their families, or close associates (for example – selling, buying, or trading personal property) or personally employ them in any capacity.

4. Unless approved in writing by the Contract Manager, the Vendor’s staff shall not have outside contact (other than incidental contact) with an Offender receiving services, the Offender’s family, or close associates, except for activities rendered under the Contract.

5. The Vendor’s staff shall not engage in any conduct that is criminal or would bring discredit upon the Vendor, the Department, or the State. In providing services pursuant to the Contract, the Vendor shall ensure that its employees avoid misconduct and the appearance of misconduct.

6. The Vendor shall report any violation or attempted violation of the restrictions referred to in this section regarding employee conduct. Conduct violations shall be reported by phone and in writing within 24 hours of the Vendor’s knowledge of the incident to the Contract Manager, including proposed action to be taken by the Vendor. Any failure to report a violation or take appropriate disciplinary action against the offending party or parties shall subject the Vendor to appropriate action, up to and including termination of the Contract.

7. The Vendor’s staff are required to report various incidents, as described in Department Procedure 302.045. “Incident” refers to an event involving possible injury to a person or damage to equipment, a suspicious action or unusual occurrence, or information received relative to those mentioned above. An incident may be related to an Offender, an employee, or a general public member. Each incident will be considered concerning its possible impact on public safety, the Vendor DRC's operation, or the Department's liability.

8. The Vendor shall ensure that released Offenders under the supervision of the Department shall be precluded from any supervision or placement in a program where pre-existing or continuous close personal relationships exist between the released Offender under the Department’s supervision and any staff of the Vendor. It is the responsibility of the Vendor to advise the Contract Manager of any known pre-existing close personal relationships between staff and released Offenders under supervision in accordance with Rule 33-208.002(26), F.A.C. [shall apply at the DRC, which stipulates that marriage between an employee and an Offender is prohibited].

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Staff Background/Criminal Record Checks

1. The Vendors’ staff assigned to the Contract shall be subject to a Florida

Department of Law Enforcement (FDLE) Florida Crime Information Center/National Crime Information Center (FCIC/NCIC) background/criminal records check. The Vendor shall send all potential hires for fingerprinting to do a thorough background check, including a Level II background check. The Department may conduct background checks that may occur or re-occur during the Contract period. The Department has complete discretion to require the Vendor to disqualify, prevent, or remove any staff from any work under the Contract. The use of criminal history records and information derived from such records checks are restricted pursuant to Section 943.054, F.S. The Department shall not disclose any information regarding the records check findings or criteria for disqualification or removal to the Vendor. The Department shall not confirm to the Vendor the existence or nonexistence of any criminal history record information.

2. To carry out this records check, the Vendor shall provide before commencing services upon Institution property OR before Contract execution, if requested OR upon request the following data for any individual Vendor or subcontractor’s staff assigned to the Contract: Full Name, Race, Gender, Date of Birth, Social Security Number, Driver’s License Number, and State of Issue.

3. The Vendor shall also ensure that the Contract Manager is provided with the information needed to conduct the FCIC/NCIC background check before any new Vendor staff is hired or assigned to work under the Contract. The Vendor shall not offer employment to any individual or assign any individual to work under the Contract who has not had an FCIC/NCIC background check conducted unless authorized by the Contract Manager.

4. The Vendor shall bear all costs associated with background checks.

5. The Vendor shall ensure that no person barred from any Department

Institution or other Department facility shall provide services under the Contract.

6. Under the Contract, the Vendor shall not permit any individual under supervision or jurisdiction of any parole, probation, or correctional authority to provide direct treatment services or supervision of any other Offenders for any Vendor services. The objective of this provision is to prevent any employee under any such legal constraint from having any contact with, or access to, any records of the Department’s DRC Offenders.

7. The Vendor shall immediately report any new arrest, criminal charges, or convictions of a current employee or subcontractor, under the Contract, to the Contract Manager.

Note that a felony or first-degree misdemeanor conviction, a plea of guilty or nolo contendere to a felony or first-degree misdemeanor crime, or an adjudication of guilt withheld to a felony or first-degree misdemeanor crime does not automatically bar the Vendor from hiring the proposed employee. However, the Department reserves the right to prior approval in such cases. Generally, two (2) years with no criminal history is preferred. The Vendor shall make a full written report to the Contract Manager within three (3) Days whenever an employee has a criminal charge filed against them or is arrested or receives a Notice to Appear for violation of any criminal law involving a misdemeanor, felony, ordinance (except minor offenses for which the fine or bond forfeiture is $200 or less) or when Vendor or staff knows of any violation of the laws, rules, directives, or procedures of the Department.

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The Vendor shall comply with Department Procedure 208.013, Outside Employment, when hiring current and former Department employees and subcontractors.

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The Vendor shall establish and maintain a system to ensure staff and subcontractors working under the Contract know and adhere to all applicable statutes, rules, and Department procedures. Staff and subcontractors shall be trained and given routine access to all the Vendor’s policies and procedures that pertain to their job responsibilities.

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The Vendor shall have an electronic case management system with individual Case Files and clinical files for each Offender that documents and tracks their activities and progress. The electronic case management system shall be able to produce reports and data. The Department’s staff must be able to access this electronic case management system from their offices to review an Offender’s progress for auditing purposes.

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1. The Vendor may enter into a written subcontract(s) to perform some of its functions under the Contract. No subcontract, which the Vendor enters into to perform any of its operations under the Contract, shall in any way relieve the Vendor of any responsibility for the performance of its duties. The Vendor shall ensure that all subcontractor agreements are approved, in writing, by the Contract Manager and contain provisions requiring the subcontractor to comply with all applicable terms and conditions of the Contract.

2. The Vendor shall act as the primary Vendor to the Department for all services provided under the Contract. The Vendor may delegate duties but shall not assign its rights regarding the Contract.

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The Vendor shall have or create local operating procedures and policies within 30 Days of Contract execution.

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The Vendor shall have written subcontracts with community providers of services who will accept referrals and provide services at an affordable cost to the Offender within 45 Days of Contact execution. Any additional charge must be pre-approved by the Contract Manager in writing.

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The Vendor shall work with State agencies, local government agencies, and other community organizations to enhance DRC services.

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The Vendor shall provide a current DRC description, eligibility criteria, DRC structure, DRC rules, specific criteria for DRC discharge, and updates to the Contract Manager.

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The Vendor shall agree that the Department’s Probation Officer or Contract manager to the DRC has input into the Offender’s program requirements. The DRC staff and the Case Manager shall maintain close contact with and notify the Probation Officer in writing of pertinent information and the Offender’s progress at the DRC.

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The Vendor shall provide a preliminary implementation plan with their Reply, including a list of all significant start-up activities, responsible parties, and timelines.

The preliminary implementation plan shall include, but not be limited to, the information below:

• Oversight of DRC management;

• Human resources;

• Setting up a provider network and any ancillary services;

• Quality management;

• Financial management (as appropriate to this resulting Contract);

• Equipment and supplies; and

• Information Technology Requirements.

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The Vendor shall provide a final implementation plan for DRC start-up within three (3) Business Days of the date of Contract execution, including any changes that have occurred since the submission of the preliminary implementation plan and any negotiations completed.

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Service Delivery Location

1. All services shall be offered at one (1) centralized location provided by the

Department. The Contract Manager will conduct an initial site visit, no later than 60 Days after Contract execution, to observe and assess the Vendor’s understanding of the tasks required for the overall successful functioning of the DRC. This site visit will include confirmation that technical instructions have been provided to new staff and a face-to-face meeting with the Vendor’s lead supervisor(s) and staff to ensure that Contract requirements, monthly reporting, invoicing, and DRC data management are clearly understood and properly implemented. After completion of the site visit, the Department will address any specific deficiencies in a written report and allow the Vendor 10 Business Days from the receipt of the report to correct identified deficiencies. An inspection confirming that all deficiencies have been corrected will then be conducted. Failure to correct deficiencies after 10 Business Days of receipt of the report may result in the Department rescinding the award.

2. The Vendor shall ensure that the DRC facility is secure by providing adequate supervision during hours of operation.

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Hours of Operation The Vendor shall provide the hours of operation for the DRC in its Reply submission to this ITN. The Vendor shall schedule the DRC operational hours at times that are accessible and convenient to Offenders and be reasonably flexible to accommodate Offenders’ work schedules.

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DRC Referral The Vendor shall ensure it does not provide services to Offenders unless Department approval is established via its receipt of the DC5-404 form.

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The Vendor shall ensure that before services are rendered, Offenders sign appropriate releases, including releases that allow the Department access to all DRC information and any alcohol and drug screening and testing results, if applicable.

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Admission Criteria The Vendor shall ensure that to meet admission criteria, the Offender must be on felony supervision and court-ordered to the DRC.

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DRC Discharge

1. The Vendor shall notify the Offender’s Probation Officer, in writing, within three (3) Days of an Offender’s discharge from the DRC or within 24 hours of an Offender’s unsuccessful discharge from the DRC. Notice shall be provided by telephone and in writing via the DC5-404 form. The Vendor shall accomplish this by providing the Department’s Probation Officer, or designee, with a copy of the completed Section III of the DC5-404 form.

2. Within 10 Days of discharge, the Vendor shall prepare a written discharge report identifying the type of discharge. When feasible and applicable, the Vendor shall notify the supervising Probation Officer before the Offender’s discharge from the DRC. The Vendor shall submit the original DC5-404 form to the Department and retain a copy in the Offender’s Case File.

3. All supporting documentation relating to the Offender’s discharge shall be maintained in the Case File.

4. The following are guidelines for the three (3) types of discharge the Department recognizes. These guidelines shall be used to develop DRC discharge policies.

Successful Discharge An Offender must meet all the following criteria to be successfully discharged from the DRC:

1. Participated in the services and completed the Case Management Plan

(CMP);

2. Secured full-time or part-time employment (if employable); and

3. Remain free of any violations.

Unsuccessful Discharge Offenders may be discharged from the DRC for violation of DRC rules or failure to meet the requirements of a successful discharge as outlined above. Some of the reasons for unsuccessful discharge from the DRC may include, but are not limited to:

1. Confirmed drug or alcohol use, misuse of prescribed medication;

2. Acts of violence;

3. Criminal activity;

4. Sexual activity at the DRC;

5. Repeated refusal to participate in DRC functions and follow the rules;

6. Repeated unexcused absences; or

7. Consistent failure to obtain or maintain employment (if employable).

Administrative Discharge An administrative discharge implies neither success nor failure in the DRC.

Some of the reasons for administrative discharge from the DRC may include, but are not limited to:

1. A medical or mental health condition that prohibits participation in the DRC;

2. A court order specifying early termination of the Offender’s period of supervision, a court order vacating the Offender’s sentence, or expiration of the Offender’s period of supervision;

3. Death of the Offender; or

4. Other circumstances unrelated to DRC compliance.

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The Vendor shall provide a target successful discharge rate (successful exits) divided by (successful exits + unsuccessful exits) for all Department-approved Offenders admitted to the DRC and provide their rationale for the percentage rate and how they will meet it.

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All services provided by the Vendor shall be operational within 90 Days (or a date approved by the…