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I. Cover sheet
Request for Proposal: RFP-2013-010
Jail Management and/or Jail Management and Operations of Ellis
County Detention Facility
RETURN DEADLINE IS NOT LATER THAN: 2:00P.M. MONDAY, JULY 1, 2013
Note: All proposal documents are now available for downloading from the Ellis County
Purchasing Website at http://co.ellis.tx.us/bids.aspx and www.publicpurchase.com.
For inquiries please email:
Kim Gould, CPPB
County Purchasing Agent
[email protected]
*subject line must reference RFP-2013-010 JMECDF
PROPOSALS RECEIVED LATER THAN THE TIME AND DATE SET FORTH ABOVE
WILL NOT BE CONSIDERED FOR AWARD BUT INSTEAD WILL REMAIN
UNOPENED AND WILL BE RETURNED TO VENDORS WHEN POSSIBLE!
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II.
RFP-2013-010 Table of Contents
I.
Cover sheet
Page 1
II.
Table of Contents
Page 2
III.
Terms and Conditions
Pages 3 - 9
IV.
Project Scope/Specification
Pages 10-15
V.
General Requirements
Pages 16-17
VI.
Evaluation Criteria
Pages 18-19
VII.
Bid Proposal Forms

Respondent Reference Sheet
Page 21

Respondent Disclosure Form
Pages 22-23

Statement of Authenticity
Page 24

MWBE Forms
Page 25
Respondents or representatives of the Respondent are prohibited from contacting or
communicating in any means with any consultant, employee, manager or elected official of
Ellis County including any member of the Sheriff’s Department, or the Ellis County Judge
and Commissioners concerning this proposal except for questions concerning the proposal
by Respondents directed through Kim Gould, Ellis County Purchasing Agent by email to
[email protected] Failure to comply with this guideline will result in immediate
disqualification from the proposal process.
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III.
Terms and Conditions
Proposals are solicited for Jail Management and/or Jail Management and Operations of Ellis County
Detention Facilities. By returning this proposal with price(s) quoted, Respondent’s certify and
agree to the following:
1. Alternate proposals will not be considered unless authorized. If there is any question as to the
specifications or any part thereof, Respondent may submit to the Ellis County, Texas
Purchasing Agent, a request for clarification. Such requests must be received a minimum of five
(5) days prior to scheduled opening date.
2. Non-performance or non-compliance of the Standard Terms & Conditions, or non-performance
or non-compliance with the Specifications shall be basis for termination by Ellis County of the
proposal or final executed contract. Termination in whole, or in part, by the County may be
made solely at the County’s option and without prejudice to any other remedy to which Ellis
County may be entitled by law or in equity, or elsewhere under this RFP or the agreement, by
giving written notice to the vendor with the understanding that all work being performed under
this agreement shall cease upon the date specified in such notice. Ellis County shall not pay for
work, equipment, services or supplies, which are unsatisfactory. The Respondent may be given
reasonable opportunity prior to termination to correct any deficiency. This however shall in no
way be construed as negating the basis for termination for non-performance or non-compliance.
3. Respondent shall make all inquiries necessary to be thoroughly informed as to the
specifications and all other requirements proposed in the RFP. Any apparent omission or
silence of detail in the description concerning any point in the specifications shall be
interpreted on the basis of best commercial practices, and best commercial practices shall
prevail.
4. The Respondent shall affirmatively demonstrate Respondent’s qualifications by meeting or
exceeding the following minimum requirements:
A.
B.
C.
D.
E.
Have adequate financial resources, or the ability to obtain such resources
as required.
Be able to comply with any required or proposed delivery schedule.
Have a satisfactory record of performance.
Have a satisfactory record of integrity and ethics.
Be otherwise qualified and eligible to receive the award.
5. All invoices shall be sent to: Ellis County Sheriff’s Office, 300 Jackson Street, Waxahachie,
Texas 75165. Invoices must detail the materials/equipment/services delivered and must
reference the Ellis County Bid. Payments are processed after the Purchasing Department
has verified that the material or equipment and/or services have been delivered in good
condition and that no unauthorized substitutions have been made according to
specifications. Neither a signed receipt nor payments shall be construed as an acceptance of
any defective work, improper materials, or release of any claim for damage.
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6. Only the Commissioners Court of Ellis County, Texas acting as a body may enter into any
type of agreement or contract on behalf of Ellis County. Department heads, other elected
or appointed officials, are not authorized to enter into any type of agreement or contract
on behalf of Ellis County, or to agree to any type of supplemental agreements or contracts
for goods or services. Contracts are subject to review by the County’s attorney prior to
signature by the authorized County official.
7. The Respondent shall be considered an independent Operator and not an agent, servant,
employee or representative of the County in the performance of the work. No term or
provision, hereof, or act of the Respondent shall be construed as changing that status.
8. The Respondent shall defend, indemnify, and shall save whole and harmless the County
and all its officers, agents, employees from and against all suits, actions, or claims of the
character, name and description brought for or on account of any injuries or damages
(including but not restricted to death) received or sustained by any person(s) or property
on account of, arising out of, or in connection with the performance of the work,
including without limiting the generality of the foregoing, any negligent act or omission
of the Respondent on the execution or performance of the Contract.
9. The Respondent agrees, during the performance of the work, to comply with all
applicable codes and ordinances of the City of Waxahachie, Ellis County, or State of
Texas as they may apply, as these laws may now read or as they may hereafter be changed
or amended.
10. The Respondent shall obtain from the appropriate City, Ellis County, or State of Texas
the necessary permit(s) required by the ordinances of the City of Waxahachie, Ellis
County, or State of Texas, for performance of the work.
11. The Respondent shall not sell, assign, transfer or convey the agreement in whole or in
part, without the prior written consent of the County.
12. The parties herein agree that the agreement shall be enforceable in Ellis County, Texas;
exclusive venue shall be in Ellis County, Texas.
13. The agreement shall be governed by, and construed in accordance with, the Laws of the
State of Texas and all applicable Federal Laws.
14. Funding Clause - Payments required to be made by Ellis County under the terms of the
agreement shall be contingent upon and subject to the initial and continuing appropriation
of funding for the agreement by and through the Commissioners Court of Ellis County,
Texas. In the event appropriations for funding of the agreement are not approved by and
through the Commissioners Court, the contract shall terminate. Ellis County shall, submit
written notice to Respondent thirty (30) days prior to such termination. Upon notice of
termination, as provided in this paragraph, the Respondent may submit a final invoice to
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the County and coordinate with the Purchasing Agent to remove all property belonging to
said Respondent as soon as possible. Payment for final invoice will be subject to
verification and approval by the purchasing agent. Thereupon, Ellis County will be
released from its obligation to make further payments.
15. Ellis County is exempt from federal excise and sales taxes, ad valorem taxes and personal
property taxes; therefore, tax must not be included in proposals tendered. Proposals
offered must be complete and all inclusive. Ellis County will not pay additional taxes,
surcharges or other fees not included in bid prices.
16. Ellis County expressly reserves the right to accept or reject in part or in whole, any
proposals submitted, and to waive any technicalities or formalities as to such waiver is
determined to be in the best interest of Ellis County.
17. In case any one or more of the provisions contained in the agreement shall for any reason
be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision thereof and the agreement shall be
considered as if such had never been contained herein.
18. Proposals may be withdrawn prior to the official opening. Alterations made before the
time of official opening must be initialed by Respondent guaranteeing authenticity.
Proposals may not be amended, altered or withdrawn after the official opening, except
upon the explicit recommendation of the Purchasing Agent and the formal approval of the
Commissioners Court.
19. The agreement embodies the complete agreement of the parties hereto, superseding all
oral or written previous and contemporary agreements between the parties and relating to
matters herein, and except as otherwise provided herein cannot be modified without
written agreement of the parties. A contract will be executed after determination of the
award.
20. Respondent must provide a certificate of insurance conforming to the requirements or a
statement of Respondent’s insurance carrier certifying that the required coverage shall be
obtained by Respondent within ten (10) days of formal award of the Contract. In the case
where a certification letter from an insurance carrier is attached to the bid in lieu of an
insurance certificate, any formal award of a contract shall be contingent upon required
coverage being put into force prior to any performance required by subject agreement.
21. Ellis County reserves the right to terminate the agreement at any time, without cause,
upon sixty (90) days written notice to Respondent. Upon verification of such, Ellis
County shall pay Respondent for those costs directly attributable to work done or supplies
obtained in preparation for completion or compliance with the Contract, except no
payment shall be made for costs recoverable by Respondent in the normal course of doing
business or which can be mitigated through the sale of supplies or materials obtained for
use under this Contract. It is further agreed by Respondent that Ellis County shall not be
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liable for loss or reduction in any anticipated profit.
22. Additional or alternate bonds may be required in accordance with Texas statutes as
outlined in the specifications. Payment bond and performance bonds for an individual
project in excess of $25,000.00 shall be executed in the amount of the contract solely for
the protection of all claimants supplying labor or furnishing the materials used on the
project.
23. Ellis County is wholly committed to developing, establishing, maintaining, and enhancing
minority business involvement in the total procurement process. It is the policy of Ellis
County to involve qualified minority/women-owned businesses to the greatest extent
feasible in the County’s procurement of goods, equipment, services and construction
projects. The County, its Operators, their suppliers and sub-Operators, vendors of goods,
equipment, services, and professional services, shall not discriminate on the basis of race,
color, religion, national origin, age, handicap, or sex in the award and/or performance of
contracts. However, competition and quality of work remain the ultimate standards in
Operator, sub-Operator, vendor service, professional service, and supplier utilization. All
vendors, suppliers, professionals and Operators doing business or anticipating doing
business with Ellis County shall support, encourage and implement steps toward our
common goal of establishing equal opportunity for all citizens of Ellis County.
24. Respondents must agree to provide the following information as part of this proposal:
25. Form of business. (if a corporation, limited partnership or limited liability company,
indicate the state of creation).
26. Name of contact person (single point of contact with the Respondent).
A. List of all criminal charges, civil lawsuits or dispute resolutions
within the past five (5) years to which Respondent is a party;
B. Indicate if and how it was resolved;
C. List all criminal charges, civil lawsuits, or alternative dispute
resolutions to which Respondent becomes a party for the period
beginning with the submission of the proposal until the rejection or
award of the RFP; and,
D. Current fiscal year-end and year-to-date financial statements.
27. Ellis County reserves the right to accept or reject any or all proposals, with or without
cause, to waive technicalities, or to accept the proposal which, in its sole judgment, best
serves the interest of the County, or to award a contract to the next most qualified
Respondent if a successful Respondent does not execute a contract within 15 business
days after approval of the selection by the Ellis County Commissioners Court.
28. Ellis County reserves the right to request clarification of information submitted and to
request additional information of one or more Respondents.
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A. Costs of preparation of a response to this request for proposals are solely those of the
Respondent. Ellis County assumes no responsibility for any such costs incurred by the
Respondent. The Respondent also agrees that Ellis County assumes no responsibility
for any costs associated with any administrative or judicial proceedings resulting from
the solicitation process.
B. The awarding Respondent shall maintain adequate records to justify all charges,
expenses, and costs incurred in estimating and performing the work for at least two
(2) years after completion of the contract resulting from this request for proposal.
Ellis County shall have access to all records, documents and information collected
and/or maintained by others in the course of the administration of this agreement.
C. As provided in section 262.030 of the Local Government Code: Proposals shall be
opened so as to avoid disclosure of contents to competing offerors and kept secret
during the process of negotiation. All proposals that have been submitted shall be
available and open for public inspection after the contract is awarded, except for trade
secrets and confidential information contained in the proposals and identified as such.
List any pending litigation or anticipated litigation that your firm is involved in, including
but not limited to, potential or actual legal matters with private parties and any local, State,
Federal or international governmental entities. Ellis County reserves the right to consider
legal liability information in the evaluation process of this RFP.
Due care and diligence has been used in preparation of this information, and it is believed to be
substantially correct. However, the responsibility for determining the full extent of the exposure
and the verification of all information presented herein shall rest solely with the proposer. Ellis
County and its representatives will not be responsible for any errors or omissions in these
specifications, nor for the failure on the part of the proposer to determine the full extent of the
exposures.
Insurance Coverage:
Certificate – A copy of the certificate of insurance, a certificate of authority to self insure issued
by the commission, or a coverage agreement showing statutory worker’s compensation insurance
coverage for the person’s or entity’s employees providing services on a project for the duration of
the project.
1. Said policy or policies of insurance shall name the County, the County Judge, the County
Commissioners, the sheriff, and/or its assignee, and the trustees as “additional named
insured”. Operator agrees that the policy or policies of insurances shall contain an
endorsement specifically providing coverage for civil rights actions.
2. Operator shall provide and continue in force property insurance coverage in the name of
the County, the Lessor and/or its assignee, and the Trustee in amounts equal to the cost of
replacement of all of the Facility, and shall maintain and continue fire, boiler and
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machinery coverage on the Facility. Operator agrees that its negotiated per diem, per
prisoner fee has taken this operation expense into account.
3. Operator shall provide to the County insurance certificates as proof of the insurance
policies obtained in accordance with this article. All policies shall provide that coverage
shall not be cancelled without thirty (30) days prior written notice to the Certificate
Holder and all additional named insureds and loss payees. Operator shall obtain, as soon
as possible (and before cancellation) and at its sole cost, replacement insurance policies.
4. Operator shall carry auto liability insurance coverage in the amount of at least
$1,000,000.00 per single limit for bodily injury and property damage, with umbrella
coverage in an amount not less than $3,000,000.00 covering any vehicles used in its
operations
5. Notwithstanding anything to the contrary in the forgoing sections, Operator shall provide
all insurance required of the Operator in the form and naming the insureds and loss payee
as required. Operator agrees that the negotiated per prisoner fee has taken this
operational expense into account.
With respect to required insurance, Ellis County shall be named as additional insured.
Indemnification
Operator agrees to indemnify and hold harmless the County, its agents, servants, and employees,
for any and all claims, actions, lawsuits, judgments, cost of litigation, including reasonable
attorney’s fees, or liabilities of any kind whatsoever, including punitive damages arising out of
the provision of jail management services to inmates in custody and control of Ellis County or
the failure to provide such services and any negligent or wrongful acts, including malpractice of
the Operator, its agents, servants or employees in providing services hereunder.
It is expressly agreed by the parties that Operator is at all times hereunder acting and performing
as an independent Operator to coordinate the provision of professional services within the scope
of authority conferred by this proposal.
The provisions of this clause shall remain in effect no more than two (2) years beyond the term of
a contract if entered into; Operator and County shall continue to be obligated hereunder so long
as Operator may be named in any claim or cause of action, as aforesaid, for necessary care
rendered by Operator or any of its employees, agents or independent Operators licensed
professionals or any act by any employee, agent or servant as aforesaid of the County, under the
County’s control and supervision.
Operator shall demonstrate that it is an equal opportunity employer, having a declared policy of
non-discrimination stating that they will take affirmative action to maintain and promote nondiscrimination as to race, color, religion, national origin, sex or age in all phases of employment
in accordance with the law pursuant to the Civil Rights Act of 1964 and executive order
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hereunder.
General Provisions
Termination: Any party to this agreement may terminate this agreement for cause. In the event of
termination for cause, the agreement shall terminate upon receipt of ninety (90) day written
notice from terminating party. Cause is described as (a) material breach of the terms of this
agreement; provided, however, that the breaching party fails to cure such breach within thirty
(30) days of receipt of notice of the breach from the non-breaching party; (b) loss or suspension
of accreditation or license; (c) failure to renegotiate the agreement satisfactorily to both parties if
options to renegotiate is exercised by Ellis County. Termination in whole or in part, by the
County may be made solely at the County’s option and without prejudice to any other remedy to
which Ellis County may be entitled at law or in equity, or elsewhere under this Proposal or the
Contract, by giving ninety (90) days written notice to the Respondent, with the understanding
that all work being performed under the Contract shall cease upon the date specified in such
notice. Ellis County shall not pay for work, equipment, services, or supplies, which are
unsatisfactory. Ellis County may terminate this agreement without cause upon ninety (90) days
written notice to the other party.
Governing Law: This agreement shall be interpreted and enforced in accordance with the laws of
the State of Texas and any applicable federal law and all obligations of the parties created by this
contract are performable in Ellis County, Texas. Operator agrees that venue shall be proper only
in Ellis County.
Exclusive Agreement: This Agreement is exclusive and shall prohibit Ellis County from
entering into agreements with other facilities or providers of jail management services during the
term of this contract except for those services that the primary contract recipient is unable to
provide.
Ellis County expressly reserves the right to accept or reject in part or in whole any
proposals submitted, and to waive any technicalities or formalities, considered being in the
best interest of Ellis County.
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IV.
Project Scope/Specification
Ellis County requests proposals/qualifications for:
Option 1:
Option 2:
Jail Management and/or Jail Management and Operations of the County’s
existing Jail;
Monthly administrative/lease of available beds.
Proposals are solicited for Jail Management and/or Jail Management and Operations of
Ellis County Detention Facility. The detention facility currently has a daily average
population of 350 inmates. The Facility has 860 inmate beds. The facility meets the
requirements of the Texas Commission on Jail Standards.
All Proposals must be compliant with the Laws of the State of Texas.
RFP SPECIFICATIONS: JAIL MANAGEMENT
Ellis County requests proposals for:
Operation and Management of the County’s existing Detention Center;
I.
PROPOSAL SUBMISSION
1. Sealed proposals will be received by E l l i s County (hereinafter “County”) until
Monday, July 1, 2013, at the office of the Purchasing Agent for Ellis C o u n t y in
Waxahachie, Texas. The proposal/qualifications should be submitted to:
Kim Gould, CPPB
Purchasing Agent
Ellis County
101 W Main Street, Suite 304
Waxahachie, TX 75165
2. The Purchasing Agent for Ellis County is designated as the contact person for all
inquiries. Email inquiries are the preferred method of contact @
[email protected], in the subject line please reference RFP-2013-010-JMECDF.
3. No Proposals or Qualifications will be accepted after 2:00 p.m. C.S.T. on M o n d a y,
July 1, 2013.
4. No proposal/qualification may be changed, amended or modified in any manner after
submitted; however, a proposal/qualification may be withdrawn and resubmitted any
time prior to the time set for receipt and opening of proposals/qualifications.
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5. Interested persons submitting proposals/qualifications must submit one unbound
original (suitable for photocopying) and eight bound copies of their
proposal/qualification.
6. Proposals shall be type on standard (8 ½ by 11”) paper, with each page numbered.
7. Proposals/Qualifications shall contain a table of contents and be arranged in such a
manner to provide easy reference.
8. Proposals/Qualifications must be signed by a person authorized to bind the person or
entity making the proposal/qualification, and proof of this authority must be
submitted with the proposal/qualification.
9. Proposals/Qualifications must be accompanied by all information, certificates, letters,
etc. required herein or by further directive of the County.
10. Proposals/Qualifications must be placed in a sealed envelope and plainly marked
with the company name, address and RFP 2013-010 Sealed Proposal for Ellis
County Jail Management”.
11. Tours of the Facilities by prosper representatives will be arranged upon reasonable
request therefore during normal business hours. To schedule such please contact Kim
Gould [email protected]
12. Proposals will be opened at 2 : 0 0 P . M . M o n d a y , J u l y 1 , 2 0 1 3 in the
Commissioners Courtroom of the Ellis County Courthouse, Waxahachie, Texas.
Management and/or Jail Management and Operations of Jail
Facility D e s c r i p t i o n - Ellis County requests proposals for the Operation and Management of
its Downtown Jail (hereinafter "Facility"), located at 300 S. Jackson Street, Waxahachie,
Texas 75165. The Facility has approximately 836 inmate beds.
Secure Housing Description: 548 Indirect Supervision/288 Direct Supervision
TOTAL CAPACITY BEDS: 836 - 16 Separation Cells
The beds are generally classified Minimum/Medium except for: 144 maximum
The proposal must provide for the private operational management of t h e Facility. The
successful Respondent (hereinafter “Operator”) must provide all services, resources,
supplies, materials, and staff necessary to completely operate the Facility and to provide
housing, care, supervision, and program services for prisoners committed to the Facility.
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Respondents are notified of the following:
a) the Operator must provide operation, management, maintenance, staffing, supervision,
training and program services that meet or exceed the standards, regulations and
criteria of the Texas Commission on Jail Standards (hereinafter “Commission”) and the
requirements of prisoner housing contracts; as well as the current standards of the Ellis
County Sheriff’s Office. The proposal must address in detail how the proposer intends
to accomplish these requirements if selected as Operator. Including but not limited to any
requirements of any Counties or State housing contract; the United States Marshal
Services (“USMS”); the United State Federal Bureau of Prisons (“FBOP”); and the
United States Immigration and Customs Enforcements (“ICE”);
b) the Operator shall manage and operate the Facility in compliance with all applicable
federal, state and local laws, standards, regulations and codes;
c) the Operator must establish an operational plan and all written policies, plans,
procedures and rules required by the Commission, prisoner housing contracts, or the
Sheriff;
d) the Operator will provide food and beverage services, utilities, clothing, laundry
services, recreational services, vocational services, counseling services, programs,
medical care, repair, upkeep and maintenance of the Facility/equipment, systems and
furnishing, staff, supervision, training, inventory and supplies, hygiene
services/products/facilities, procurement and purchasing, recordkeeping, reports,
bedding, risk management, safety plans and equipment and all other services,
programs, personnel or tangible things necessary for the operation of the Facility and
the detention of prisoners in compliance with the s tandards of the Commission, the
conditions of prisoner housing agreements for the housing of prisoners at the Facility,
court orders, and other applicable federal, state and local laws, standards, regulations
or codes, and which are necessary for the proper operation and management of the
Facility and supervision/care of prisoners whether or not specifically identified herein;
e ) the Operator must execute an Operation and Management Agreement approved by the
Sheriff, the County and its legal counsel. The Operator must provide all services,
insurance and expenses made the Operator's responsibility therein. The Operator must
provide l i a b i l i t y insurance covering all of its operations and employees against all
claims, including civil rights, and naming the County and the Sheriff as an additional
insured. The policy will provide by endorsement that any aggregate limit applies only
to this facility. Coverage limits shall be at least $2,000,000.00 per occurrence and
$5,000,000.00 aggregate;
f) the Operator shall indemnify and hold the County and its officers, employees, agents and
representatives harmless form and against any and all claims, damages, losses, costs,
assessments, penalties, attorney's fees and/or expenses that arise from or result from (or
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are alleged to arise from or result from) any negligent or wrongful act, or failure to act,
of the Operator or its officers, employees, agents and Operators;
g) the Contract will not be assignable except with the prior written consent of the County;
h) all revenues generated by the Facility pursuant to prisoner contracts with other
jurisdictions shall be the property of the County subject to disbursement in
accordance with a contract approved by the County's legal counsel and by the
Commissioners Court;
i) the Operator shall provide the County with all billing services to assure that
jurisdictions and agencies contracting with the County shall be billed in accordance with
the housing contracts which the jurisdictions and agencies have entered into with the
County, however, all payments must be made directly to the County by the jurisdictions
and agencies, and Operator shall assure that contracting jurisdictions are made aware of
this fact;
j) the Operator shall provide access to medical, optical, and dental care, and to
emergency health services. The Operator will provide basic medical care to prisoners at
the Operator's sole cost. For the purposes of this paragraph "basic medical care"
means on-duty nurse and medical technician services, including periodic scheduled
“sick call” and on-site treatment for conditions which can be "self-treated" by the
prisoner given proper supplies or over-the-counter medication or which may be treated
by a lay technician or nurse under guidelines provided by a medical doctor, including first
aid in emergencies. Operator must provide health services in accordance with the
Commission on Jail Standards regulations. Adequate nursing staff and contract physicians
must be provided by Operator. Sick call will be held no less than twice per week, and
more often when volume demands, as deemed by the Sheriff;
k) the Operator shall provide the County with monthly reports on enrollment and
billing;
l) the Operator will provide all reports required by applicable law, regulations, or
contracts with other jurisdictions or agencies;
m) the Operator must obtain, and thereafter maintain, all licenses and certifications
necessary for the Facility;
n) all staff or employees of the Operator at the Facility are deemed employees or
servants of the Operator for all purposes, including compensation, taxes and benefits, and
they shall not be employees of the County. Compensation and benefits packages shall be
comparable to those commonly offered within the state of Texas;
o) the preferred term of the contract with the Operator will be for a primary term of three (3)
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years with the County having the option to terminate the contract (with or without cause)
without liability, penalty or cost after the 3rd year, and the contract shall be terminable at
any time on the basis of a material breach of terms or covenants of the contract or the
failure of the Operator to comply with applicable laws and regulations. Two (2) twoyear (2) mutually agreed renewal terms may be provided for in the Agreement, but the
Agreement is cancelable at the will of the County at the end of the Primary Term or any
renewal period. The term of the contract will also be subject to change depending on
whether the County chooses to select another option under these specifications. If the
operation of the Facility is included as part of another option, the term of the contract
will be governed by that option;
p) all employees of the Operator shall be provided workers compensation insurance at the
Operator's expense;
q) the contract will contain a plan for assumption of operations by the County and
transition in the event of bankruptcy of the Operator;
r) the contract will contain comprehensive standards for conditions of confinement.
The regulations of the Texas Commission on Jail Standards must be followed;
s) the Facility w i l l b e m onitored by the Sheriff of the County. The Operator
must cooperate with such monitoring;
t) the Operator will be required to carry property/casualty insurance on the Facility in
the amount of its replacement value, with the County named as a loss payee,
or, alternatively, to reimburse the County for property insurance coverage paid for
by the County for its own benefit, but related only to the Facility;
u) the Operator will be required to provide supervision of trustee work crews to do
various task throughout the County, as assigned;
v) Operator must give preferential consideration in hiring to employees at the facility
who meet or exceed the Operators qualifications and standards for employment in
available positions. Back ground investigations for any available positions filled by
the Operator must be approved by the Sheriff or designee; and,
w) The proposal should address how the proposer intends to meet each of the
requirements set out in these specifications.
The Respondent’s proposal must specifically identify the per diem, per prisoner fee for
Ellis County inmates. Any changes to the fee based on the prisoner population of the Facility
or the number of Ellis County inmates housed at the Facility must be clearly set out in the
proposal.
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If a Respondent is unable to provide all elements requested, it is disqualified.
The Ellis County Commissioners Court reserves the right to reject any or all proposals,
or to select the proposal most advantageous to the County, and reserves the right to waive
any irregularity in the proposals received.
The Facility has on-premise laundry and kitchen, and on-premise medical and v i d e o
visitation areas. The Facility is currently in compliance with the requirements of the Texas
Commission on Jail Standards.
Option 2 – Monthly administrative/lease of available minimum/medium security beds.
The County shall be paid a monthly administrative/lease equivalent fee out of Facility
revenues as a first priority. Respondent must propose the monthly fee in its response. The
Respondent should quote both a fixed monthly fee and an alternative per diem, per
prisoner fee. Any changes to the fee based on the prisoner population of the Facility or the
number of Ellis County inmates housed at the Facility must be clearly set out in the proposal.
Any changes to the fee based on whether operation of the Facility is included as part of
one of the other Options set forth in these specifications must also be clearly set out in the
proposal.
 compensation of the Operator shall be on a per diem/per prisoner basis
(actual occupancy) to be paid monthly solely out of revenues generated by
the Facility from the d e t e n t i o n /housing of prisoners from counties,
government agencies and jurisdictions pursuant to interlocal or
intergovernmental service agreements between those entities and the
County, and from revenues paid by the County for the housing of its own
inmates at the Facility. The Operator's contract shall not be an obligation
or debt of the County payable from tax or other revenues or funds of the
County. The County will have no obligation or liability for amounts due
under the Contract except to the extent of revenues generated by the
Facility, which revenues include the payments by the County for its own
inmates at the Facility. The Respondent’s proposal must identify the
proposed fee schedule, per prisoner, per day for which it proposes to
operate and manage the Facility for the County; any discounts it will offer
the County for the housing of the County’s own prisoners; and any
County administrative/lease equivalent fee it will pay to the County.

the costs of non-basic medical care, including costs of hospitalization,
prescription drugs, surgical, dental or optical care (and related
transportation costs) for prisoners shall be the obligation of the
contracting jurisdiction or agency from which the prisoner was assigned
to the Facility. Such costs shall be invoiced by the Operator or, if
possible, the health care provider, directly to the contracting jurisdiction
or agency obligated. Under no circumstance will the County be
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responsible for medical costs incurred with regard to a prisoner from
another jurisdiction or agency;
V.
General Requirements
Other Information. In addition to the foregoing, the Respondent must provide the following
information: form of business (e.g. corporation, sole proprietorship, partnership) and
identification and the following information on each member of the team assembled by
Respondent for operations;
a) if a corporation, the date and state of incorporation;
b) Identification of a contact person;
c) identification of all entities for which the Respondent is
performing or has performed operation
and
management services of the type requested herein,
including the name, position and telephone number of a
contact person at each entity;
d) a description of all experience of the Respondent and
its key officers in providing detention services and/or
detention facility operation and management;
e) a brief biography of the Respondent and its key officers;
and,
f) identification of all legal claims, demands, or lawsuits
filed, threatened or pending against the Respondent
and/or its principals/officers, and identification of
any administrative actions or warnings taken or issued
by any federal, state or local governmental agency with
regard to the Respondent or any facility operated by the
Respondent. The term Respondent shall include any
team members and any design professionals that will
participate in the project.
To the extent not covered heretofore in these specifications, Respondent must indicate how it
intends to comply with each of the contract requirements set out in Section 351.103 of the Local
Government Code (V.T.C.A.).
In accordance with Section 351.1035 of the Local Government Code (V.T.C.A.),
Respondents must, as part of their proposal, indicate how they intend to utilize
disadvantaged businesses as Operators or sub-operators. The term “disadvantaged business”
shall have the meaning set out in Section 351.1035(a) of the Local Government Code
(V.T.C.A.).
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In addition to all rights provided by law, the County:
a.
reserves the right to reject any or all
proposals;
b.
may waive technical mistakes, informalities or irregularities in any
proposal received;
c.
may negotiate with any Respondent to arrive at an acceptable proposal for award
of the contract(s);
d.
reserves the right to select the proposal or negotiated proposal which in its
discretion is determined to be the most advantageous to the County and which it
believes to serve its best interests;
e.
this document, nor the advertisement is an offer; and,
f.
the appendices hereto are incorporated herein for all purposes.
Media Relations
It is understood by Operator and their independent Operators that informational releases
regarding inmates will NOT be made to any sources unless approved by the Sheriff or his
designee. All releases concerning inmates (subject to any privilege or right the patient may have
under state or federal law) or jail operations will be made by Ellis County or his designee.
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VI.
Evaluation Criteria
An Evaluation Committee will evaluate each proposal. The Evaluation Committee will
make recommendations to the County Commissioners Court who may make its award
of contract to the successful proposer, which award will be subject to the finalization of
agreement following contract negotiations.
In making such evaluations, the Committee will be guided by the following point system that
has 100 points as the maximum total:
Category
Points
0 to 20
0 to 20
0 to 20
0 to 20
0 to 10
Pricing
Staffing
Technical
Qualifications
References
Retention Rate/Explanation of Lost
Contracts
Possible Total
0 to 10
100
In computing points for each of the above four criteria, the Evaluation Committee will take
the following into consideration:
Basic Requirements: Initially, the proposal will be examined to determine if it “qualifies” in
that it meets the basic requirement for consideration. This review will pertain to such
matters as adequate responsiveness to the RFP, necessary signatures, completeness, and
clarity with respect to such essential factors as price. Failure of the proposal to meet the
basic requirements of a proposal may disqualify it from further consideration.
1. Evaluation of Qualifying Proposals: Having determined that a proposal meets the basic
requirements, the Evaluation Committee will then evaluate it with respect to each of
the following elements:
a) Price (Maximum 20 points): The stated lump sum base price for full
performance in meeting the requirements of the RFP will be of major
consideration under this category. In further reviewing "price", the Evaluation
Committee may also refer to the line item information that has been provided,
In addition, to be considered are such matters as increases or decreases for
changes in the jail population and for the extension of the contract for
subsequent years.
b) Technical (Maximum 20 points): The Evaluation Committee will review the
proposal for its completeness; see how the Operator will approach. The task of
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initiating and then fully implementing its program, look at the proposed system
in all its facets including how desired results will be attained. In all, proposal's
clarity, understanding of issues, completeness of program, and demonstration
of assurance of performance as to quality and efficiency will be weighted
when scoring this category.
c) Staffing (Maximum 20 points): In evaluating this criterion, the Evaluation
Committee will look at what is proposed as a staffing pattern for the Facility.
Included in the review of this portion of the proposal will be: staffing levels
and proposed coverage-taking into account the preceding and the pattern of
coverage (number at each level, and days, hours, nights, weekends, full or part
time, etc.).
d) Qualifications (Maximum 20 points): Included in this criterion of the
evaluation will be: Length of time bidder has been in the business of
providing Jail Management in the jail/correctional setting; current and recent
history of past performance by the proposer of a similar nature to the
performance offered in response to the RFP; any evidence submitted (letters of
reference) or readily attainable regarding the quality of past performance and
the reliability of responsiveness of the proposer; the apparent capabilities of
the proposer to perform well in the execution of its obligations under a contract
with the County as evidenced by its leadership and management personnel,
size of organization, length of time in business, past performance, and other
current contractual obligations defining the Proposers capability to undertake
and successfully fulfill the obligations proposed to be undertaken by its
submission of a proposal in response to this RFP. Preference may be given for
Operators demonstrating familiarity with Texas Commission on Jail Standards
and experience in Jail Management, in at least one Texas facility.
e) References (Maximum 10) The Evaluation Committee will review the vendor
reference, make inqui ries and grade accordingly in a jail
management environment
f)
Retention Rate/Explanation and Litigation History (Maximum 10)
 The Evaluation Committee will look at the retention rate history as well
as attached explanations.
 The Evaluation Committee will review all identifications of all legal
claims, demands, or lawsuits filed, threatened or pending against the
Respondent and/or its principals/officers, and identifications of any
administrative actions or warnings taken or issued by any federal, state
or local governmental agency with regard to the Respondent or any
facility operated by the Respondent.
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VII. Bid Proposal Forms
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Vendor Reference Form
Respondent Information
Firm/Bidder: _____________________________________________________________________________
By: _____________________________________________________________________________________
Authorized Agent
Title
Address: ______________________________________________________________________
Street address and/or P.O. Box
Address: ______________________________________________________________________
City
State
Phone: ____________________
Zip code
Fax: ____________________Email:_____________________
References
List companies or governmental agencies where these services have been provided.
1. Company: ___________________________________________________________________
Address: __________________________________________ Phone#:___________________
Contact person: _______________________________ Title: __________________________
2. Company: ___________________________________________________________________
Address: __________________________________________ Phone#:___________________
Contact person: _______________________________ Title: __________________________
3. Company: ___________________________________________________________________
Address: __________________________________________ Phone#:___________________
Contact person: _______________________________ Title: __________________________
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Vendor Disclosure Form
This form is a requirement and must be completely filled out in order to be considered for award.
I.
Personal Conflicts of Interest
a.
Are you in any way related to an elected or appointed Ellis County Official?
Yes_______
No_______
If your answer is “yes”, please describe the nature of the relationship.
________________________________________________________________________
________________________________________________________________________
b.
Is any member of your family or extended family related to an elected or appointed Ellis County
Official?
Yes______
No_______
If your answer is “yes” please describe the nature of the relationship.
________________________________________________________________________
________________________________________________________________________
c.
Do you or any member of your family owe delinquent taxes to Ellis County or any other Public or
Federal agency?
Yes_______
No_______
If your answer is “yes” please explain in full.
________________________________________________________________________
________________________________________________________________________
II.
Company or Business Conflicts of Interest
a.
Are any of your business partners or associates related to an elected or appointed Ellis County
Official?
Yes_______
No_______
If your answer is “yes”, please describe the nature of the relationship.
________________________________________________________________________
________________________________________________________________________
b.
Are any of your business partner’s or associates’ families or extended families related to an elected
or appointed Ellis County Official?
Yes_______
No_______
If your answer is “yes”, please describe the nature of the relationship.
________________________________________________________________________
________________________________________________________________________
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c.
Do any of your partners or associates or any members of their family owe delinquent taxes to Ellis
County or any other Public or Federal agency?
Yes_______
No_______
If your answer is “yes” please explain in full.
________________________________________________________________________
________________________________________________________________________
d.
Are you, your business partners or associates in any way, (financially or otherwise), involved with
an elected or appointed Ellis County Official?
Yes_______
No_______
If your answer is “yes”, please describe the nature of the relationship.
________________________________________________________________________
________________________________________________________________________
e.
Are you, your business partners, or any of your/their extended families in anyway, (financially or
otherwise), involved with an elected or appointed Ellis County official?
Yes_______
No_______
________________________________________________________________________
________________________________________________________________________
I DO HEREBY ATTEST TO THE FACT THAT THE INFORMATION LISTED ABOVE IS THE TRUTH.
___________________________________
Name of Company
___________________________________
Name and Title of Officer (Print)
____________________________________
Name and Title of Officer (Signature)
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Bid Proposal Signature Form
Statement of Authenticity
The undersigned agrees this bid becomes the property of Ellis County after the official opening.
The undersigned affirms he has familiarized himself with the local conditions under which the work is
to be performed; satisfied himself of the conditions of delivery, handling and storage of
equipment and all other matters which may be incidental to the work, before submitting a bid.
The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which
prices are offered, at the price(s) and upon the terms and conditions contained in the
Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days
unless a different period is noted by the bidder.
The undersigned affirms that they are duly authorized to execute this contract, that this bid has not
been prepared in collusion with any other Bidder, nor any employee of Ellis County, and that the
contents of this bid have not been communicated to any other bidder or to any employee of Ellis
County prior to the official opening of this bid.
Vendor hereby assigns to purchaser any and all claims for overcharges associated with this
contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and
which arise under the antitrust laws of the State of Texas, Tex. Bus. & Corn. Code,
Section 15.01, et seq.
The undersigned affirms that they have read and do understand all sections of this bid packet
including the specifications and all terms and conditions including any attachments contained in
this bid package.
The information provided in this bid, in response to Ellis County, Texas’ Request for Bid
No. RFP-2013-010 ALL Sections inclusive), is true and correct and Respondent agrees to
abide by all requirements therein.
Name and address of company:
Name: ____________________________________
Address: __________________________________
__________________________________________
Authorized Representative:
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Signature: _________________________________
Printed name: ______________________________
Title: ______________________________________
MWBE Form
Prior to an award, all bidders/proposers will be required to document a "Good Faith Effort" to secure
minority/women-owned businesses as sub vendors/sub-consultants.
Fulfillment of the "good faith effort" can be accomplished by:
1.
Attendance of pre-bid/pre-proposal conference, as scheduled by the County.
2.
Efforts to follow-up initial solicitation of interest by contacting minority/women-owned firms to
determine with certainty whether these firms are interested.
3.
Efforts made to select portions of the work proposed to be performed by minority/women-owned
firms in order to increase the likelihood of achieving participation (including, where appropriate,
breakdown of subcontracts into economically feasible units to facilitate participation).
4.
Documenting each minority/woman-owned firm contacted the conclusion or decision regarding
inclusion and reasons for the conclusions.
5.
Efforts that demonstrate that the vendor effectively used the services of available community
organizations, vendor's groups, local, state and federal agencies, small businesses, minority/women
business assistance offices and other organizations that provide assistance and placement of
minority/woman-owned businesses.
List each MBE/WBE business that you plan to use on this initiative.
Name of MBW/WBE
_______________
_______________
_______________

NCTRCA* Cert. #
Phone # S/M** Description of Work
Amount
_____________
_______ ___ _______________ ______ ___
_____________
_______ ___ _______________ ______ ___
_____________
_______ ___ _______________ ______ ___
%
No MBE/WBE’s Added: Please Explain:
_________________________________________________________________________________________
_____________________________________________________________
Signed: _______________________________________
Printed Name: __________________________________
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PUBLIC NOTICE
ELLIS COUNTY PURCHASING AGENT, KIM GOULD, WILL DISTRIBUTE SPECIFICATIONS AND
RECEIVE SEALED BIDS IN THE PURCHASING DEPARTMENT 101 WEST MAIN, SUITE 304, HISTORIC
ELLIS COUNTY COURT HOUSE, WAXAHACHIE, TEXAS 75165 ON THE FOLLOWING UNTIL (TIME)
P.M./A.M., (DAY), (DATE). THE SPECIFICATIONS WILL BE AVAILABLE ON ELLIS COUNTY’S
WEBSITE @ www.co.ellis.tx.us and www.publicpurchase.com. BIDS WILL BE OPENED IN THE
OFFICE OF THE PURCHASING AGENT FOR AWARD BY THE COMMISSIONERS COURT, AT A FUTURE
DATE
Jail Management and/or Jail Management and Operations for Ellis County Detention Facility
PAYMENTS WILL BE PROCESSED BY THE COUNTY AUDITOR AFTER NOTIFICATION OF
SATISFACTORY RECEIPT OF ITEMS. ELLIS COUNTY RESERVES THE RIGHT TO AWARD BY LUMP
SUM.
DATES TO RUN AD: One (1) time (Date), 2013 and one (1) time (Date), 2013
Ellis County Purchasing Agent
101 West Main, Suite 304
Waxahachie, TX 75165
ph. 972-825-5118
fax 972-825-5119
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