ESBD_450623_1757019360398_696-TC-25-P009 Solicitation Document.pdf

Texas Department of Criminal Justice Proposal Cover Page

This form requests basic information about the respondent and project and must be completed in its entirety, including the signature of the authorized representative.

SOLICITATION INFORMATION

Document Type: 9 Statutory Cite: Texas Government Code, Section 501.022

1) Solicitation Number: 696-TC-25-P009 2) Issue Date: 3) Deadline: October 6, 2025

September 4, 2025 3:00 p.m. CT

4) Contract Specialists: Diana Duff 936-437-3800 diana.duff@tdcj.texas.gov

(reference Section G.2.2) Janice Wooley 936-437-3834 janice.wooley@tdcj.texas.gov

5) Type of Solicitation: RFP-Request for Proposal

6) Solicitation Description:

The TDCJ is seeking proposals for the location, operation and management of a Residential Facility for the Baby and Mother Bonding Initiative (BAMBI) program, with associated programs for Inmates in the third trimester of pregnancy or who have delivered and will maintain custody of their infant(s). The Facility shall be located within 65 miles of Hospital Galveston, Young Medical Facility Complex, and Plane State Jail.

PROPOSAL SUBMITTAL

7) Receiving

Office:

TDCJ Contracts & Procurement, Contract Administration Branch 2 Financial Plaza, Suite 703, Huntsville, TX 77340

*All packages must be labeled with the solicitation number and Contract Specialists’ names. Reference Section L for complete submittal instructions.

LATE OR EMAILED PROPOSALS WILL NOT BE ACCEPTED.

RESPONDENT INFORMATION

8) Legal Business Name:

9) Mailing Address Information (include street, city, county, state and 9-digit zip code):

10) Payee Name and Mailing Address, including 9-digit zip code (if different from above) (remittance address if not electing Direct Deposit):

11) Federal Tax ID No. (9-digit), State of Texas Comptroller Vendor ID Number (14-digit) or Social Security Number (9-digit):

12) Type of Entity (check all that apply):

HUB Certified

Corporation (incorporated under the laws of the State of _____________) Type: ______ M/F ___ Partnership Individual Non-Profit Organization* Joint Venture *If incorporated, provide 10-digit charter number assigned by Secretary of State:

If a Foreign Entity:

Individual Partnership Joint Venture Non-Profit Organization Corporation (registered for business in _________________ (country)

13) Prompt Payment Discount: _____ % _____Days or Net 30 (reference Section G.3 for additional information)

14) Amendments: Signed and submitted by the Respondent with Proposal or via email prior to the deadline.

RESPONDENT AUTHORITY AND SIGNATURE

15) Point of Contact Name: __________________________________ Title: __________________________________

Email address: ______________________________________________ Telephone #: _________________

16) Authorized Signature: Date:

696-TC-25-P009

TABLE OF CONTENTS

Page

SUMMARY OF KEY DATES

SECTION A – CONTRACT DEFINITIONS

A.1 GENERAL DEFINITIONS

A.2 SERVICE SPECIFIC DEFINITIONS

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired B.1.2 Pricing Instructions B.1.3 Sliding Scale Pricing Notice

B.2 PRICING SCHEDULE

B.3 ALLOWABLE COSTS

B.4 NON-ALLOWABLE COSTS

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES,

PROCEDURES, AND LAWS

C.3 TDCJ-RRD RESPONSIBILITIES

C.4 TDCJ-CID RESPONSIBILITIES

C.5 TDCJ-HSD RESPONSIBILITIES

C.6 UTMB RESPONSIBILITIES

C.7 CONTRACTOR RESPONSIBILITIES

C.7.1 Program Services and Health Care C.7.2 Staffing C.7.3 Training C.7.4 Facility Requirements C.7.5 Facility Maintenance C.7.6 Risk Management C.7.7 Inmate Records C.7.8 Inmate Monitoring C.7.9 Inmate Funds C.7.10 Clothing and Necessities C.7.11 Laundry Services C.7.12 Food Service C.7.13 Security C.7.14 Information Technology Services C.7.15 Grievance Procedures C.7.16 Disciplinary Procedures C.7.17 Self-Monitoring

C.8 PRISON RAPE ELIMINATION ACT (PREA)

SECTION D – REQUIRED DOCUMENTS FROM CONTRACTOR

SECTION E – INSPECTION AND ACCEPTANCE

E.1 INSPECTION OF SERVICES

E.2 INSPECTION OF FACILITY

E.3 MONITORING CRITERIA

E.4 AUDITS BY OTHER AGENCIES

E.5 FRAUD, WASTE, OR ABUSE

SECTION F – DELIVERIES OR PERFORMANCE

F.1 CONTRACT TERM

F.2 OPTION TO RENEW THE CONTRACT

F.3 OPTION TO EXTEND SERVICES

SECTION G – CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED BY REFERENCE

G.2 AUTHORITY – AUTHORIZED REPRESENTATIVE, CONTRACT SPECIALIST,

PROGRAM MANAGER AND FACILITY DIRECTOR

G.2.1 Authorized Representative G.2.2 Contract Specialist G.2.3 Program Manager G.2.4 Facility Director

G.3 INVOICE REQUIREMENTS

G.4 PAYMENTS

G.4.1 Payment Adjustment G.4.2 Late Payment G.4.3 Deductions for Unacceptable Compliance Standards G.4.4 Withholding of Payment G.4.5 Right to Offset G.4.6 Annual Financial Disclosure Reports

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 INSURANCE REQUIREMENTS

H.1.1 Required Provisions

H.2 SUBCONTRACTORS

H.2.1 Insurance H.2.2 Historically Underutilized Business

H.3 CRIMINAL HISTORY INFORMATION COMPLIANCE

H.4 OTHER CONFIDENTIAL OR SENSITIVE INFORMATION

H.5 BOOKS AND RECORDS

H.6 ORGANIZATIONAL AND NAME CHANGE

H.7 FREE EXERCISE OF RELIGION

H.8 DELAY OF SERVICES

H.9 SECURITY

H.10 UTILIZATION OF PROGRAM

H.11 TRANSITION

SECTION I – CONTRACT CLAUSES

I.1 ADVERTISING OF AWARD

I.2 DEFAULT AND TERMINATION

I.2.1 Default by the Contractor I.2.2 Further Opportunity to Cure I.2.3 Remedy of the Department I.2.4 Termination for Convenience I.2.5 Termination by Mutual Agreement I.2.6 Termination Procedures I.2.7 Default by the Department I.2.8 Remedy of the Contractor

I.3 NO WAIVER OF RIGHTS

I.4 TAXES/WORKERS’ COMPENSATION/UNEMPLOYMENT INSURANCE – INCLUDING

INDEMNITY

I.5 NO WAIVER OF DEFENSES

I.6 INDEPENDENT CONTRACTOR

I.7 MAINTENANCE OF CORPORATE EXISTENCE AND BUSINESS

I.8 APPROVAL OF CONTRACT

I.9 NON-DISCRIMINATION

I.10 CONFIDENTIALITY

I.11 CONTRACT CHANGES

I.12 SEVERABILITY

I.13 IMMIGRATION

I.14 NO LIABILITY UPON TERMINATION

I.15 LIMITATION ON AUTHORITY

I.16 INTELLECTUAL PROPERTY INDEMNIFICATION

I.17 ELECTRONIC AND INFORMATION RESOURCES ACCESSIBILITY STANDARDS, AS

REQUIRED BY TEXAS ADMINISTRATIVE CODE, TITLE 1, PART 10, CHAPTER

I.18 RIGHTS TO DATA, DOCUMENTS AND COMPUTER SOFTWARE (STATE

OWNERSHIP)

I.19 FORCE MAJEURE

I.20 NOTICES

I.21 SUBSTITUTIONS

SECTION J - LIST OF EXHIBITS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

RESPONDENTS

K.1 HISTORICALLY UNDERUTILIZED BUSINESS (HUB) REPRESENTATION

K.1.1 Definition

K.2 FRANCHISE TAX REPRESENTATION

K.3 REPRESENTATIONS OF THE RESPONDENT

K.3.1 Organization and Qualification K.3.2 Authorization K.3.3 No Violation of Agreements, Articles of Incorporation or Bylaws K.3.4 No Defaults Under Agreements K.3.5 Compliance with Laws K.3.6 No Litigation K.3.7 Taxes K.3.8 Financial Statements K.3.9 No Adverse Change K.3.10 Disclosure K.3.11 No Collusion K.3.12 Disclosure of Interested Parties K.3.13 Deceptive Trade Practices; Unfair Business Practices K.3.14 Notification

K.4 REPRESENTATIONS OF THE DEPARTMENT

K.4.1 Authorization K.4.2 No Violation of Agreements K.4.3 Disclosure

SECTION L – INSTRUCTIONS, CONDITIONS AND NOTICES TO RESPONDENTS

L.1 DISCUSSIONS, CORRESPONDENCE, AND AMENDMENTS TO THE

SOLICITATION

L.2 LATE SUBMISSIONS, MODIFICATIONS AND WITHDRAWALS OF PROPOSALS

L.3 SIGNATURES ON PROPOSALS SUBMITTED

L.4 PROPOSAL ACCEPTANCE

L.5 CONTRACT AWARD

L.6 RIGHTS OF THE DEPARTMENT

L.7 PROPOSAL PREPARATION INSTRUCTIONS

L.7.1 Purpose of Instructions L.7.2 Submission of Proposals

L.8 PROPOSAL SUBMISSION CHECKLIST

L.9 PRE-PROPOSAL CONFERENCE

L.10 SITE SELECTION, COMMUNITY ACCEPTANCE, AND PUBLIC HEARING

REQUIREMENTS

L.10.1 Site Selection L.10.2 Public Hearing Requirements and Notification Requirements

SECTION M – EVALUATION FACTORS FOR AWARD

M.1 SELECTION PROCESS

M.2 MINIMUM QUALIFICATIONS

M.3 EVALUATION CRITERIA

M.3.1 Cost M.3.2 Programs and Services M.3.3 Site Suitability M.3.4 Experience M.3.5 Past Performance M.3.6 Financial Strength

SUMMARY OF KEY DATES

September 4, 2025 Post to ESBD

September 11, 2025 10:00 a.m. CT Pre-Proposal Tele-Conference

September 15, 2025 3:00 p.m. Ct Deadline for Written Questions for

Clarification to the Department

September 22, 2025 5:00 p.m. CT Deadline to Submit Responses to

Clarification Questions to the Department

October 6, 2025 3:00 p.m. CT Deadline for the Department Receipt of

Proposals in Huntsville.

Late Proposals will not be accepted.

March 1, 2026 Service Commencement Date

696-TC-25-P009 Section A

SECTION A – CONTRACT DEFINITIONS

The following terms used in this Contract shall, unless the context indicates otherwise, have the meanings set forth below, to include the singular and plural versions:

A.1 GENERAL DEFINITIONS

Authorized Representative – the person designated in writing to act for and on behalf of a party of this Contract.

Biennium – any of the two-year periods beginning on September 1st and ending on August 31st of odd numbered years, which periods are used for budgetary purposes by the State of Texas.

Compliance Standards – Contract requirements that have specific and clearly defined recoupment strategies to ensure that the Department does not pay for Services that are not received.

Contract Specialist – the Department employee responsible for non-technical administration of this Contract.

Contract Term – the duration of this Contract as specified in Section F.1.

Contractor – the individual, partnership, or corporation who performs Services under this Contract.

Day – calendar Day.

Department – the Texas Department of Criminal Justice (TDCJ).

Department Policy – all written Policies, procedures, standards, guidelines, directives, and manuals of the TBCJ and the Department, applicable to providing the Services specified under this Contract.

Event of Default – any of the events or circumstances described in Section I.2.1.

Fiscal Year – any of the one-year periods beginning September 1st and ending August 31st which periods are used for annual budgetary purposes by the State of Texas.

Inmate – a person under supervision or custody of the Department.

Material Failure – the failure of a party to fulfill one or more obligations essential to achieving the purpose of this Contract.

Non-Appropriation – the failure by the Texas Legislature, as part of its budgetary process, to appropriate money to be used for the Payments due hereunder.

Payment – the amount(s) agreed to be paid by the Department to the Contractor for Services under this Contract.

PD – the TDCJ’s Personnel Directives.

Quarter – the periods that relate to the Department’s Fiscal Year, beginning September 1st, December 1st, March 1st, and June 1st.

Respondent – an individual or entity that submits a proposal, including anyone acting on behalf of the individual or entity, such as an agent, employee, or representative.

Service Commencement Date – the date on which the Contractor shall begin providing Services at the Facility pursuant to this Contract.

Service – delivery of requirements in accordance with the terms and conditions of this Contract.

TBCJ – the Texas Board of Criminal Justice.

Working Day – a weekday, unless a nationally recognized holiday, or another holiday observed by the Department.

A.2 SERVICE SPECIFIC DEFINITIONS

Correctional Managed Health Care (CMHC) Master Contract – the Contract that establishes the health care services and actions to provide for the physical wellbeing of the TDCJ Inmate population. This includes guidelines, policies and procedures, and regulatory oversight by the Correctional Managed Health Care Committee (CMHCC).

Court Orders – any orders or judgements issued by a court of competent jurisdiction and any stipulations, agreements, conditions of community supervision, or plans entered into in connection with litigation that are applicable to the operation, management, or maintenance of the program and relate to the custodial care of Inmates. For purposes of this Contract, this term includes such orders, judgements, stipulations, plans or agreements applicable to the Department.

Daily Activity Report (DAR) – the official numerical count of the number of Inmates present at the Residential Facility at the end of each Day (being 11:59 p.m.).

Direct Care Staff – the staff responsible for providing treatment, care, supervision, or other direct Inmate Services that involve a significant amount of face-to-face contact.

DSHS – the Texas Department of State Health Services.

Facility Director – the person designated by the Contractor responsible for delivering Services to the Inmates.

Indigent Inmate – a TDCJ Inmate who has less than a $5.00 balance in their trust fund account.

Monthly Contractor Payment – the mathematical product of the Contractor’s Per Diem Rate multiplied by the number of Inmates for Services performed during the billing month, prior to any adjustments.

Monthly Invoice – the Contractor’s invoice based on the Contractor’s Per Diem Rate yielding the Monthly Contractor Payment to be made by the Department.

NCIC – the National Crime Information Center operated under the authority of the Federal Bureau of Investigation.

Per Diem Rate – the Contractor’s daily rate for Services, as set forth in Section B.2.

PREA – The Prison Rape Elimination Act of 2003.

Program Manager – the Department employee responsible for technical administration of this Contract, as described in Section G.2.3.

Residential Facility (Facility) – a Facility that provides custodial and maternity care of mothers and infants.

TCIC – the Texas Crime Information Center operated under the authority of the Texas Department of Public Safety (DPS).

TDCJ-CID – the TDCJ-Correctional Institutions Division.

TDCJ-HSD – the TDCJ-Health Services Division.

TDCJ-RRD – the TDCJ-Rehabilitation and Reentry Division.

Transitional Services – facilitation referrals or networking on behalf of an Inmate for Services within the community which will provide support and access to Services to develop a plan of continuity for the Inmate.

Treatment Services – delivery by the Contractor of the chemical dependency program in accordance with the terms and conditions of this Contract.

Unit of Assignment (UOA) – Plane State Jail.

Upper-Level Management (ULM) – those top three individuals who are responsible for the administration of the Services provided under this Contract.

696-TC-25-P009 Section B

SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 SERVICES AND PRICES/COSTS

B.1.1 Services Being Acquired

The Contractor shall, in accordance with the terms of this Contract, provide all necessary personnel, equipment, materials, supplies, Services, and otherwise do all things necessary for, or incidental to, the location, operation, and management of a:

Residential Facility for the Baby and Mother Bonding Initiative (BAMBI) program, with associated programs for Inmates who are in the third trimester of pregnancy or who have delivered and will maintain custody of their infant(s). The Facility shall be located within 65 miles of Hospital Galveston, Young Medical Facility Complex, and Plane State Jail.

B.1.2 Pricing Instructions

A. The Department anticipates award of a fixed-price Contract.

B. Respondents shall complete Section B.2, Pricing Schedule.

C. Respondents shall provide a budget narrative for providing the Services required in Section C.

D. Prices/costs will be evaluated in accordance with the evaluation factors identified in

Section M.

B.1.3 Sliding Scale Pricing Notice

A. The Pricing Schedule is presented in a sliding scale format. Respondents are required to provide per diem pricing based on predefined quantity tiers, as outlined in Section B.2. The sliding scale is intended to account for potential fluctuations in Service levels over the Contract Term. Respondents must ensure that all pricing entries align with the corresponding quantity ranges provided. Failure to complete the sliding scale pricing table accurately may result in the proposal being deemed non-responsive.

B. The Per Diem Rate is dependent on the daily census breakdown, which will be monitored closely by the Contractor and the Department.

B.2 PRICING SCHEDULE

Contractor Name:

Location (address, city, zip code, county):

BASE PERIOD (03/01/2026 – 08/31/2026)

Number of Beds Pre-Delivery Per Diem Rate

Post-Delivery

13-15

16-18

19-22

OPTION PERIOD ONE (09/01/2026 – 08/31/2027)

Post-Delivery

OPTION PERIOD TWO (09/01/2027 – 08/31/2028)

Post-Delivery

OPTION PERIOD THREE (09/01/2028 – 08/31/2029)

Post-Delivery

OPTION PERIOD FOUR (09/01/2029 – 08/31/2030)

Post-Delivery

B.3 ALLOWABLE COSTS

The proposed budget shall include only costs that are reasonable, necessary, and allowable under state statutes, Department Policy, and federal cost standards. The Department shall make the final decision on the allowance or acceptability of a cost.

B.4 NON-ALLOWABLE COSTS

The proposed budget shall not include costs that are not allowed by the State or any authorized agency, statute, policy, or procedure. Types of non-allowable costs may include but are not limited to, alcoholic beverages, bad debts, fundraising, political lobbying, and tobacco products.

696-TC-25-P009 Section C

SECTION C – DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

The primary goal of Services required is to increase parenting efficiencies of eligible Inmates in the care of their infant(s) in a secure Residential Facility. Included in this statement is the assumption that such care will improve the opportunity for the mother and infant(s) to bond and develop a positive relationship, which will continue upon her release from the Facility or separation from the infant(s).

C.2 COMPLIANCE WITH APPLICABLE RULES, REGULATIONS, POLICIES,

PROCEDURES, AND LAWS

A. The Contractor shall provide Services in compliance with applicable federal and state laws, including all constitutional, legal and Court Ordered requirements, whether now in effect or hereafter effected or implemented, and in accordance with Department Policy, and unless otherwise required by this Contract, shall be free to establish procedures such that the Services attain the goals established by Department Policy.

B. When differences between applicable standards exist, the higher standard, as defined by the Department, will prevail. The specified requirements and standards will serve as the benchmark for monitoring the Contractor’s performance under this Contract.

C. The Contractor’s written request for deviations from said policy statements shall originate from the Contractor’s Authorized Representative or designee and shall be forwarded to the Texas Department of Criminal Justice-Rehabilitation and Reentry Division (TDCJ-RRD) Director. The Contractor’s written request for deviations shall specify the deviation, with justification, and reference the policy number/procedure, section, paragraph, etc. Unless deviation from the Contractor is specifically requested and approved in writing by the TDCJ-RRD, the Contractor shall comply with Department Policies and procedures. A Contract award shall not imply approval of a policy/procedure deviation. Any deviations previously granted by the Department under a separate or previous contract do not apply to this Contract.

C.3 TDCJ-RRD RESPONSIBILITIES

A. Develop Inmate eligibility criteria.

B. Approve program curriculum for Inmates.

C. Develop policies related to the BAMBI program.

D. Manage funds received for the program by the Department.

E. Ensure programming provided is consistent with the mission of the Department and the intent of Texas Government Code, Section 501.022, namely, to offer a parenting and bonding program to eligible Inmates who have given birth while in the custody of the Department.

C.4 TDCJ-CID RESPONSIBILITIES

A. Approve, with input from the TDCJ-RRD and the TDCJ-HSD, the location at which the

Services shall be provided.

B. Track Inmate movement and assign custody codes.

C. Approve the level of security provided while Inmates are housed at the Facility.

D. Provide transportation of the Inmate mother and infant from the hospital (after birth only) to the Facility.

E. Provide training related to Inmate management to designated staff of the Contractor and/or to any subcontractor.

F. Prepare official release documents and coordinate release of Inmates from Facility with the Program Manager.

C.5 TDCJ-HSD RESPONSIBILITIES

A. Request that the University of Texas Medical Branch (UTMB) identify pregnant Inmates.

B. Request that the UTMB submit medical approval for selected pregnant Inmates to be placed in the program.

C. Ensure Health Care Services are being provided in accordance with the terms of the

Correctional Managed Health Care (CMHC) Master Contract.

C.6 UTMB RESPONSIBILITIES

The UTMB, under the requirements of the CMHC Master Contract, shall:

A. Ensure Direct Care Staff meet the minimum requirements of their licensing/certification agency or association standards and maintain licensing/certification records and regularly monitor compliance with such throughout the term of the Contract.

1. Requires that all associated Direct Care Staff obtain certification in adult and infant

Cardiopulmonary Resuscitation (CPR) and First Aid within 90 days of hire and such certification shall remain current while employed at the Facility.

2. Ensure licensing standards and monitoring of such records shall be reported in accordance with the terms of the CMHC Master Contract.

B. The UTMB shall follow the CMHC Policy Manual which shall have written policies and procedures regarding the intake of Inmates.

C. Under the CMHC Master Contract, the UTMB provides all direct patient care Services to Department female Inmates. The UTMB shall provide Health Care Services to Inmates in the program covered by the CMHC Master Contract.

D. The UTMB shall provide pre- and post-natal health care and education (prior to and immediately after delivery) for Inmates in the Department program, to include:

1. Parenting Education;

2. Life Skills;

3. Infant Care;

4. Diet and Nutrition;

5. Child Development Education; and

6. Obstetrics and Gynecology (OB-GYN) Visits (pre- and post-delivery).

C.7 CONTRACTOR RESPONSIBILITIES

A. Serve all eligible Inmates referred by the Department, provided that such Service does not exceed the contracted capacity. The BAMBI program description is included as Exhibit J.4. The Contractor shall provide a description of the health care and social Services for infants of participating Inmates, to include any or all of the following:

1. Transportation Services: to include safe and secure transportation for the infant from Hospital Galveston, or such hospital designated by the Department, to the Facility, and for medical well-baby care appointments for the infant. The Contractor shall provide transportation and supervision for the Inmate and infant to community appointments, religious services, approved functions outside of the Facility location, and other such events that result in favorable reentry for the Inmate. Inmates shall not be charged for local transportation without consent of and written approval by the Department.

2. Residential Services: to include a safe and secure environment in which Inmates and their infants may bond. The Contractor shall provide parenting education and support to Inmates by providing access and referrals to community and transitional resources prior to the release of Inmates from the Facility.

3. Pediatric Medical Services: to include provision of well-baby care to the infant(s).

B. Inmates shall not pay intake fees/deposits; this is strictly prohibited.

C.7.1 Program Services and Health Care

The Contractor shall:

A. Provide all necessary security, personnel, equipment, materials, supplies, and Services, for up to 22 eligible Inmates and their infants. The Facility shall be operated and maintained in compliance with all local, city, and county ordinances. The number of eligible Inmates and their infants under this Contract may be increased beyond 22 upon mutual agreement of both parties.

B. Provide Services to Inmates (upon arriving at the Facility, and after delivery) in the areas listed in C.6.D.

C. Provide a block schedule that includes the program activity and day and time of sessions.

D. Provide Services for each Inmate for a period of not less than 90 Days and no more than 180 Days, unless approved by the Department.

E. Provide, to the degree possible, family reunification and strengthening opportunities for extended family members who are on the Inmate’s official Department visitation list.

F. Provide aftercare planning and a written transitional plan to each Inmate within 10 working Days after arrival. This plan shall include a proposed residence in which both mother and infant may reside. In the absence of suitable family support, an independent living plan shall be developed for the Inmate.

1. The aftercare plan shall be updated as changes occur.

2. The Contractor shall partner with community support providers and include, as possible, extended family (approved visitation list) involvement.

G. Written policies and procedures regarding visitation shall be provided to the Inmate during orientation.

H. Written policies and procedures regarding Inmate correspondence shall be provided to the Inmate during orientation.

I. When an Inmate is one Day from expiration of her sentence (Saturday and Sunday release dates are calculated for Friday release dates; National Holidays are calculated as the first Working Day before the holiday occurs), the authorized agent of the Department shall contact the Facility to coordinate official release documentation for the Inmate.

J. Obtain infant health care benefits (i.e., Medicaid and other social services benefits such as Women, Infants, and Children [WIC] Program).

K. Have written policies and procedures for the immediate notification to the Department in case of hospitalization, serious illness, surgery, injury, or death, and shall comply with the Department’s Policy regarding the death of an Inmate.

L. If a serious medical condition arises, for either the Inmate or her infant, which will require hospitalization beyond a reasonable or normal span of time (generally, more than three consecutive Days), the Department has the authority to terminate program participation and request the Inmate be returned to the Department.

M. Notify and obtain consent from the Department prior to terminating an Inmate’s participation in the program.

N. Written policies and guidelines for Acquired Immunodeficiency Syndrome (AIDS) and Human Immunodeficiency Virus (HIV) related services shall be provided in accordance with Texas Health and Safety Code, Sections 85.112, 85.113, and 85.114.

1. Workplace guidelines shall be developed that address HIV policies, confidentiality, and employee/Inmate education programs. The guidelines shall, at a minimum, incorporate model workplace guidelines or mirror the guidelines adopted by the Department. Written policies and guidelines shall be maintained at the Facility site.

2. Confidentiality guidelines shall be developed regarding AIDS and HIV medical information for employees and Inmates. The policies shall be consistent with state and federal laws and regulations.

3. Educational programs regarding HIV/AIDS shall be provided to all employees and

Inmates on a routine basis. The education program shall be tailored to meet the needs of all employees and Inmates including the use of Braille or telecommunications devices for the deaf. The HIV education and prevention programs shall also be tailored to address the needs of persons with other physical or mental disabilities.

4. Written documentation shall be maintained in each Inmate and employee file of

HIV/AIDS education/training completion.

O. State certification and licensing requirements shall apply to all health care personnel responsible for dispensing medical Services to Inmates. The established policies shall be in accordance with these certification and licensing requirements.

1. Each shift shall be provided with at least one employee certified in adult and infant standard First Aid procedures and CPR.

2. Medical Services for infants shall be provided to include routine infant wellness checks, medical care, and lawfully required immunizations.

3. With approval of the Department, have written emergency medical plans that are communicated to all Facility employees and Inmates. Documentation shall be maintained by Facility employees, to reflect all emergency encounters to include treatment and outcome.

4. Sufficient medical First Aid supplies and equipment shall be maintained in accordance with prescribed standards recognized or approved by a licensed, recognized health authority. An inventory management system shall be implemented to ensure that First Aid equipment and supplies are replaced and replenished in accordance with established policy.

5. Written policies shall be implemented that set forth required procedural guidelines to be followed in the administration and management of all Inmate medication.

a. Policy guidelines shall govern the standards for storage, security, monitoring, dispensing, self-administration, and maintaining administrative control and accountability of all medication.

b. Administrative control and accountability procedures shall require a written record providing the name of the Inmate, amount of medication in the container at the time medication is received, date, time, name, and dosage of the medication, date and dosage of each dispensation, together with the name and signature of Facility employee witnessing the self-administration of medication.

c. Medication shall be monitored and recorded only by an employee of the Facility who is authorized to monitor medication and to record the dispensation of medication.

d. A “keep on person” medication policy for Facility employees may be proposed, which must be approved by the Department prior to implementation.

6. All medication, except as approved as “keep on person”, shall be secured in a suitable, locked container.

7. Neither Inmates nor their infants shall be used for medical, pharmaceutical, or cosmetic experiments.

C.7.2 Staffing

The Contractor shall, in accordance with the terms of this Contract:

A. Have qualified and trained paid employees on the Facility premises to provide 24-hour supervision, seven days a week, and shall have a sufficient number of employees who are awake, fully dressed, and present to meet all contractual requirements, as well as ensure Facility control, security, and Inmate safety.

B. Have written job descriptions, that include job duties and minimum qualifications for all staff members evidencing qualifications, maintained in the employee’s personnel file.

The TDCJ-RRD is responsible for employee file compliance. The Department shall routinely monitor employee files to ensure licenses/credentials are current.

C. Have prior written approval from the TDCJ-RRD for all Upper Level Management (ULM) personnel for administration of the Facility. Additionally, the Contractor shall have prior written approval from the TDCJ-RRD for all ULM absences in excess of 72 hours, to include the designee in charge for the duration of the absence.

D. A pre-employment criminal background check shall be completed by the Department for each applicant (including consultants, independent contractors, their employees and agents, and volunteer workers who work on a routine basis at the Facility) within 30 Days prior to being assigned by the Contractor to the Facility.

E. The results of the criminal background checks must be acceptable to the Department and shall be maintained on file at the Facility. Applicants with a misdemeanor or felony conviction that meet the eligibility requirements of the Department’s Personnel Directive (PD) PD-75 (Applicants with Pending Criminal Charges or Prior Criminal Convictions) must obtain the TDCJ-RRD’s written approval for employment prior to having contact with Department Inmates. The Contractor shall be responsible for any fees charged by the Texas Department of Public Safety (DPS) to the Department for these criminal background checks as well as any additional charges by the DPS for any resubmission requests due to unreadable fingerprints. These fees shall be processed in accordance with the format and frequency as determined by the TDCJ-

RRD.

F. The Contractor shall maintain, in each personnel file, all relevant documentation to include, but not limited to, background investigation reports, a copy of the PE-1, PE-2, and/or approval/denial letter from TDCJ-RRD, HIV/AIDS education/training completion, and the results of the pre-employment drug test on each employee.

G. The Contractor is responsible for the conduct and behavior of all persons working on the Facility (including consultants, independent contractors, their employees and agents, and volunteer workers) and will ensure the Department’s Policies regarding management and treatment of Inmates are followed. Should a violation occur, the Contractor shall take immediate corrective action acceptable to the Department. The Department shall be notified of employees who resign while under investigation for inappropriate conduct related to Inmate management and for violations of Policies related to Facility security. The Department shall be notified immediately of any employee who has been arrested, indicted, convicted, or charged with a criminal offense. Such employee shall not be permitted to return to duty until authorized, in writing, by the Department. A copy of such written authorization shall be maintained in the employee’s personnel file.

H. Have an Affirmative Action Plan outlining Equal Employment Opportunity (EEO) compliance and strategies used to meet goals as outlined in the Affirmative Action Plan.

I. Employees (including consultants, independent contractors, their employees and agents, and volunteer workers) shall comply with the Department’s PD-29, Sexual Misconduct with Inmates.

J. Employ a Facility Director to serve as liaison to the Department and the UTMB as defined in Section G.2.4. The Contractor shall ensure that a vacancy shall be filled by a qualified employee within 60 Days of the position vacancy occurring.

C.7.3 Training

A. Training shall be documented and maintained in each Direct Care Staff’s personnel file. The training should consist of, but not be limited to, the following:

1. Adult CPR;

2. Infant CPR;

3. Basic First Aid;

4. Emergency plans;

5. Staff integrity and ethics;

6. Accountability and security procedures;

7. Life, safety, and emergency procedures;

8. Signs of suicide and suicide precautions;

9. Interpersonal relations and communication skills;

10. Social and cultural lifestyles of the population;

11. Prevention, identification, and handling of sexual abuse/assault incidents; and

12. Department training on Inmate management.

B. All training hours an employee receives shall be documented in the employee’s personnel file and/or personnel training records, to include course topic, number of hours, and date completed. These records shall be made available to the Department to verify compliance with this Contract.

C. In the event scheduled programming for Inmates will not be available due to training of staff, a proposed alternate schedule shall be submitted for written approval from the Department.

C.7.4 Facility Requirements

A. The Facility must be located within 65 miles of Hospital Galveston, Plane State Jail (unit of assignment), and Young Medical Facility Complex, and should be accessible to community resources.

B. The Facility will be subject to the placement of approved Inmates by the Department.

Placement of Inmates convicted of sex offenses with an offense listed under Texas Code of Criminal Procedure, Article 42A.054, is prohibited.

C. The Facility size shall meet the needs of the program and comfortably accommodate the number of Inmates and infants it serves. The Facility shall be kept clean and in good repair.

D. Provisions shall be made for a reception area, play area rooms, lounge areas, rooms for group and individual counseling of Inmates, sleeping space, and a nursery.

E. Designate and furnish office space and access to equipment, telephones, etc. to the

Program Manager and provide office space for the use of Department representatives while at the Facility.

F. Each Inmate shall have access to an individually locked storage area or drawer for private articles, for which keys shall be provided to both the Inmate and the Facility Director.

G. There shall be at least one toilet (all of which must have seats), wash basin, and shower or bathtub for every eight Inmates of the Facility. The stated ratios shall be based on the total Facility capacity. All of the bathroom facilities shall be maintained and in operating condition.

H. The Facility shall provide a safe wash basin for infants.

I. Adequate refrigeration and access to a microwave shall be provided to Inmates for the storage and preparation of infant formula, milk, cheese, eggs, cereals, and other such items available to the Inmate or infant.

J. Strollers, bassinets or cribs, and infant car safety seats shall be provided at no cost to the Inmates, to assist in the care or necessary transportation of the infant. All such items shall meet or exceed approved safety ratings, as may be established by the Consumer Product Safety Commission, the American Academy of Pediatrics, or the National Highway Traffic Safety Administration.

K. Heating, air conditioning, lighting, and ventilation shall be provided in all rooms, including hallways, bathrooms, bedrooms, dining rooms, and activity rooms.

L. An outside recreational area for activities shall be provided, or made accessible, to the

Inmates. No outside recreational area shall be located outside of the sight or sound of Facility employees and should be closely monitored by staff when Inmates are present.

M. Extension cords shall not be used as a substitute for fixed wiring.

N. Architectural drawings, blueprints, floor plans, and Facility specifications shall be provided to the Department upon request. The Department shall be notified in advance of any subsequent changes or renovations.

O. The Facility shall be furnished with the appropriate furniture for the number of Inmates and infants contracted for placement in the Facility. At a minimum, both the Inmate and infant shall be provided proper bedding and storage space for clothing and personal articles.

P. All telecommunications equipment for the operations of the Facility shall be provided at the expense of the Contractor. The Department shall be provided with a description of any telephone services provided for Inmates. The parties shall establish reasonable costs for ongoing maintenance of such a connection.

Q. A designated area shall be provided for family visitation, which shall accommodate visitors and provide shelter in inclement weather. Inmate family visits shall be allowed in accordance with the established policy and approval from the Department. A Facility staff member must remain within sight and sound of Inmates and family during the visitation period.

R. Inmates in the Facility shall not be allowed to possess or use tobacco products (cigars, cigarettes, snuff, e-cigarettes, vaping devices and/or supplies, and any other such product).

S. Visitors of Inmates in the Facility shall not be allowed to enter the premises with tobacco products or vaping devices and/or supplies in their possession. Such items must remain in their vehicle for the duration of their visit with the Inmate.

C.7.5 Facility Maintenance

A. The physical structure of the Facility shall be maintained, along with all tangible personal property contained therein, in accordance with applicable standards, including all maintenance related to structural conditions or defects, as well as ordinary routine maintenance, and shall meet all standards applicable to sanitation.

B. Promptly after occurrence of any damage or loss to the Facility that materially affects the continued operation of the Facility, the Department shall be notified of such loss or damage. If cause to such rebuilding, repairing, or restoring proceeds, the Department shall jointly determine whether to continue this Contract. If it is determined to not rebuild, repair, or restore the Facility, or if the Department determines not to continue this Contract in accordance with this paragraph, this Contract may be terminated in accordance with Section I.2.

C.7.6 Risk Management

The Contractor shall operate and maintain the Facility in compliance with all applicable federal, state, and local safety and fire codes, and Americans with Disability Act Standards. A risk management program shall be established that should include, but not be limited to, occupational safety and health, environmental, and emergency management.

A. The Facility shall be maintained in compliance with all applicable codes, including, but not limited to, the National Electric Code, Uniform Plumbing Code, Uniform Mechanical Code, NFPA 101® Life Safety Code® (National Fire Protection Act), and local zoning ordinances. Written documentation of compliance with these codes shall be provided to the Department at the beginning of every Fiscal Year, which shall consist of certificates from local health departments, fire marshal offices, and building inspector’s offices. In addition, evidence of compliance shall be submitted to the Department upon receipt from the inspecting agency. When differences between applicable standards exist, the higher standard shall be followed.

B. An emergency fire plan and written procedures for the safe evacuation of Inmates, infants, and staff shall be established. Each Inmate shall be briefed on evacuation procedures during orientation.

C. Written emergency fire exit plans shall be posted in all major meeting rooms, dining rooms, and hallways.

D. Emergency equipment, such as a generator and flashlights, shall be readily available to maintain power and water utilities in the event of an emergency.

E. Fire drills requiring evacuation of the entire Facility shall be conducted monthly.

Written documentation shall be reported and maintained to include the time, date, amount of time to evacuate the building, and the number of Inmates, infants, and staff evacuated. Any problem areas identified during the drill shall be noted on the report.

This report shall be signed by employee(s) conducting the drill.

C.7.7 Inmate Records

A. The Contractor shall be responsible for maintaining accurate and complete case records, reports, and statistics necessary for the evaluation of its program, and these records shall not be disclosed to any person other than authorized Department employees who have a need to access said information.

B. Appropriate procedures and safeguards shall be established by the Contractor to protect the confidentiality of Inmate records and minimize the possibility of theft, loss, or destruction, recognizing that any and all records provided to the Facility or any Facility employee by the Department are deemed confidential and privileged information pursuant to Texas Government Code, Sections 508.313 and 552.134, and 42 CFR Part 2.

C. All records shall be locked in a file cabinet accessible to the Program Manager and authorized Department employees.

D. Individual case files for each Inmate shall be maintained on a current basis and for 30 years after the Inmate has been discharged.

E. Each Inmate file shall include the following information:

1. Identification data (demographic);

2. Intake Forms;

3. Signed Release of Information Form(s);

4. Next of kin/Caregiver contact information;

5. Transitional Plan;

6. Case History/Social Information;

7. Comprehensive Assessment;

8. Individual Treatment Plan;

9. Referrals for services to other agencies as applicable, and follow-up information on referrals;

10. HIV/AIDS education/training;

11. Inmate’s adjustment and programming activity/progress notes;

12. Disciplinary Reports (as applicable);

13. Grievances (if applicable); and

14. Medical Health Records (for Inmates and infants).

F. The Contractor shall ensure Inmate files contain, at a minimum, a comprehensive assessment, an individual treatment plan, medical health records (for Inmate and infant) and progress notes related to Services received based on the assessment and individual treatment plan.

G. The Program Manager shall conduct and document Quarterly file audits on each Inmate file as identified in the approved Facility policy.

H. Files and photocopies of Inmate records shall be made available to the Department upon request.

C.7.8 Inmate Monitoring

A. The Contractor shall monitor the quality of care delivered by the health care providers, including investigating medical grievances, ensuring access to medical care, and conducting periodic operational reviews of medical care provided at the Facility. The Contractor shall ensure the Inmates or infants are receiving requested or required medical care within 24-hours of the request or requirement.

B. An Inmate’s adjustment and programming activities shall be reviewed and documentation shall include, at a minimum:

1. The date, nature, and duration of the contact;

2. The topic of the session and the goals and/or objectives addressed;

3. The Inmate’s participation; and

4. The signature and credentials of the person providing the Service.

C. The Contractor shall submit Daily Activity Reports (DAR) to the Department. The DAR shall be submitted daily to the TDCJ-RRD no later than 9:00 a.m. on the Working Day following the Day Services were provided.

1. The DAR shall include the actual number of Inmates residing at the Facility as of midnight the previous Day and the name and TDCJ or SID number of any Inmate arriving or departing on that Day.

2. The Contractor shall invoice the Department for each Day an Offender is assigned to the Facility as of midnight.

3. The Contractor shall not charge the Department for Inmates who depart the Facility without approval.

4. The termination date is the last partial Day (until 11:59 p.m.) that the Inmate was at the Facility and shall be the last date for any Payment.

D. Progress reports shall by submitted monthly, in writing, to the Program Manager. The progress reports shall be sent by the 15th of the next calendar month for the previous month. The reports shall document the Inmate’s level of participation and treatment recommendations.

E. Appropriate procedures and safeguards shall be established to enable Facility employees to monitor the whereabouts of each Inmate at all times. Written policies and procedures regarding ingress and egress to the Facility shall be established and approved by the Department and shall be provided to Inmates upon orientation.

F. Inmates shall only be allowed to leave the Facility when going to or from:

1. Medical appointments;

2. Medical emergencies: In the event a medical emergency involves the Inmate or infant, the Department shall be notified immediately and informed as to which hospital or care center the Inmate or infant has been transported. If the infant is the subject of the medical emergency, the Department shall be informed as to whether the hospital will require the Inmate mother to be physically present with the infant. In all instances, the Contractor shall provide escort for the Inmate 24 hours a day, seven days a week, while off-premises of the Facility. If the infant is hospitalized for an extended length of time, and the hospital requires the mother to be with the infant, the Contractor, in conjunction with the Department, will review the Inmate’s appropriateness for continued participation in the program;

3. Attending church or religious services;

4. Attending Facility approved functions; or

5. Conducting business with social service agencies regarding family matters, legal matters, e.g., court appearances, and any other circumstances that may necessitate the Inmate being away from the Facility provided, however, that in all events a secure escort (the Contractor’s staff) is provided. The Facility shall make notation of Inmate appointments off-premises on daily count sheets faxed to the

G. Mandatory sign-in/sign-out procedures shall be established and utilized, which shall include:

1. The Inmate’s complete name and destination, including the name, address, and telephone number(s) of the destination;

2. The expected duration of the appointment and expected time the Inmate should return;

3. The time the Inmate leaves and returns to the Facility;

4. A weekly verification check of the sign-in/sign-out sheet, as applicable; and

5. An authorized signature by the Facility staff member.

H. Individual sign-in/sign-out sheets shall be maintained in a central log while there are residents on the Facility. Once the Inmate is discharged, the sign-in/sign-out sheets can be filed in the Inmate’s record.

I. If an Inmate fails to arrive or return to the Facility or cannot be located on the Facility premises, the Contractor shall notify the supervising officer and the Program Manager immediately upon gaining knowledge of said incident in accordance with procedures established by the Department.

C.7.9 Inmate Funds

A. Written policies and procedures, approved by the Department, shall be established to govern the operation of any fund(s) established for the Inmates, including the amount of money the Inmate may have on their person.

B. The personal funds of each Inmate, maintained by designated Facility staff, shall be controlled by Generally Accepted Accounting Principles (GAAP).

C. Policies and procedures shall be established which prohibit financial transactions between Inmates, and between Inmates and Facility staff. Any exception shall be submitted to the Department for review and approval.

D. All funds abandoned in the Facility by Inmates for a period of three years shall be deposited with the Comptroller of Public Accounts, no later than 15 Days following the expiration of said period.

C.7.10 Clothing and Necessities

A. Indigent Inmates, as defined by the Department, are provided clothing that is appropriate for the weather, at no cost to the Inmate.

B. All clothing issued to the Indigent Inmate shall meet the needs of the Inmate and should accommodate necessary daily wear/usage. A minimum of two complete changes of clothing shall be in the possession of Indigent Inmates.

C. Toiletries and hygiene items used for personal care to clean or groom oneself, such as soap, deodorant, and feminine hygiene, shall be…