ESBD_538445_1784127954087_26-36 Jail Food Service SPECS.pdf

Montgomery County Specification Download Acknowledgement

Request for Proposal

Jail Food Service Project #26-36 Montgomery County Jail

VENDORS MUST IMMEDIATELY RETURN THIS FORM BY EMAIL: purchasing@mctx.org

Vendor Responsibilities o Vendors must download and complete any addenda o Vendors must submit responses in accordance with requirements stated on cover of document o Vendor must submit 1295 form with Bid/Proposal

Detailed information regarding 1295 can be found under item 32 in the attached Terms and Conditions.

Texas Ethics Commission website for 1295:

https://www.ethics.state.tx.us/filinginfo/1295/ For completing the 1295:

Contract ID: 5786 Description: Project #26-36

Montgomery County will not be responsible for inaccurate or incomplete specifications and/or addenda pertaining to any bid/proposal that is received electronically.

Legal Name of Contracting Company

Contact Person

Complete Mailing Address

Telephone Number Email Address

Signature Date mailto:purchasing@mctx.org https://www.ethics.state.tx.us/filinginfo/1295/

TABLE OF CONTENTS

REQUEST FOR PROPOSALS (RFP) PACKAGE CHECK LIST

RFP JAIL FOOD SERVICE

MONTGOMERY COUNTY GENERAL TERMS AND CONDITIONS

CERTIFICATION REGARDING LOBBYING

REFERENCES

VENDOR FORMS

COMPANY NAME

RFP PACKAGE CHECK LIST

Only items marked with an “X” are applicable to this project.

Respondents should review the package thoroughly.

If additional information is needed, contact Montgomery County Purchasing Dept. at 936-539-7980.

Respondent must check each task as it is completed.

Include this form with the appropriate response documents.

Required Required

X

PROPOSAL FORMS

Must be completed and signed in ink. Failure to do so may cause Proposal to be rejected.

X Antitrust Certification Statement

X Certification Regarding Lobbying (pg.42) X Child Support Certification

Build America, Buy America Act (BABAA) Self- Certification X Felony Conviction Notification

X References X Buy American Provision Certificate of Compliance (applicable to Juvenile Services NSLP/SBP)

X Vendor Information Form X Acknowledgment

X W-9 Submittal X Disclosure of Interested Parties (Form 1295) (if applicable)

X Bidder/Offeror Self Certification X Ethics Training* Vendor and Lobbyist completed and Certificate of Completion included with proposal response

*click on link to complete training

X Disclosure of Lobbying Activities (if applicable) X

GENERAL REQUIREMENTS AND

TERMS Respondent should be familiar with all General Requirements and Terms

X Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion for Covered Contracts

BID BOND REQUIREMENTS

This Bond applies to certain Bids as stated in Montgomery County Terms and Conditions.

X Certificate of Independent Price Determination

X

SUBMITTING PROCEDURE

Company Name Project Number Opening Date Project Title

X Israel Boycott Statement

X Conflict of Interest Questionnaire (CIQ)

AFTER AWARD IS MADE, THE FOLLOWING DOCUMENTS MUST BE PROVIDED

Check if you are prepared to provide these after award, as required.

Required Required

TEST REPORTS SAFETY DATA SHEETS

PERFORMANCE BOND

REQUIREMENTS This Bond applies to bids that exceed $100,000 as stated in the Montgomery County Terms and Conditions.

PAYMENT BOND REQUIREMENTS

This Bond applies to bids that exceed $25,000 as stated in the Montgomery County Terms and Conditions.

INSURANCE INFORMATION

Required Required

X

WORKERS’ COMPENSATION

Check if you are prepared to provide this after award, as required, if applicable.

X

ACTIVE VENDOR

Check here only if your company has conducted business with Montgomery County within the past year; AND all current insurance certificates are on file at this time.

X PROFESSIONAL LIABILITY

Check if you are prepared to provide this after award, as required, if applicable.

It is the Respondent’s responsibility to be thoroughly familiar with all Requirements and Specifications.

Project # 26-36 Jail Food Service https://www.mctx.org/departments/departments_d_-_f/ethics_commission/online_training.php

MONTGOMERY COUNTY

REQUEST FOR PROPOSAL

FOR

Jail Food Service

Montgomery County (County) seeks Proposals (RFP) from qualified firms (Respondent) for contracting Food Service Management for the Montgomery County Law Enforcement Center located at #1 Criminal Justice Dr., Conroe, TX 77301 in accordance with the terms, conditions and requirements set forth in this Request for Proposal. The Respondent will supply labor, food, materials and supplies necessary to provide food service for inmates, staff, and official visitors of the Montgomery County Law Enforcement Center - Jail. The Respondent shall assure the dietary operation complies with the American Correctional Association Accreditation Standards. The Respondent will also supply labor, food, materials, and supplies necessary to provide food service for Juvenile Services located primarily at 200 Academy Dr., Conroe, TX 77301. The Respondent shall assure the dietary operation complies with the Texas Department of Agriculture (TDA) and National School Lunch Program/School Breakfast Program (NSLP/SBP)

1. PROPOSAL CONTACT

This RFP is issued by the County Purchasing Agent on behalf of Montgomery County, Texas.

Thus, responses should be directed to the Purchasing Agent as outlined below. Respondents are specifically directed NOT to contact any County personnel for meetings, conferences, or technical discussions that are related to this RFP other than specified herein. Unauthorized contact of any County personnel will likely be cause for rejection of the Respondent’s proposal.

All communications regarding the RFP shall be directed to the County’s Proposal Contact.

Communications with the Proposal Contact is permitted via email, facsimile, or written correspondence.

PROPOSAL CONTACT:

Susan Lamendola, CPPB, NIGP-CPP Procurement Project Manager Local and Federal Contracts Re: Project# 26-36 501 N. Thompson, Suite 405 Conroe, TX 77301 susan.lamendola@mctx.org

2. SUBMISSION REQUIREMENTS

2.1. Questions concerning this RFP must be submitted in writing to Susan Lamendola, CPPB, NIGP-CPP, Procurement Project Manager, 501 N. Thompson St., Suite 405, Conroe, Texas 77301, susan.lamendola@mctx.org. Responses to questions will be issued in writing only, verbal questions and responses will not be considered. Deadline for

Project # 26-36 Jail Food Service mailto:susan.lamendola@mctx.org mailto:susan.lamendola@mctx.org submission of questions and/or clarification is Friday, July 24, 2026 at 2:00 p.m. (CST) Requests received after the deadline will not be responded to due to the time constraints of this Proposal process.

2.2. To facilitate evaluation of proposals, one (1) original and one (1) electronic response on flash drive. Flash drive must contain only one (1) file in PDF format and must match the original and copies of the response identically. Failure to provide proper electronic response may be cause for disqualification.

2.3. Confidential information is to be placed in a separate envelope denoted as “confidential”.

2.4. Proposal shall be submitted to the address shown below. Proposal shall be signed in ink, by a person having the authority to bind the firm in a contract.

Montgomery County Project Number: 26-36 Purchasing Agent’s Office For: RFP Jail Food Service 501 N. Thompson St., Suite 405 Montgomery County Jail Conroe, TX 77301

2.5. Respondents may submit their proposal any time prior to the opening date and time. The

Respondents name and address as well as a distinct reference to the Project Number above shall be marked clearly on the submission. All proposals are time-stamped upon receipt and are securely kept, unopened, until the Opening Date. No responsibility will attach to the County, or any official or employee thereof, for the pre-opening of, post-opening of, or the failure to open a proposal not properly addressed and identified. No oral, telegraphic, telephonic, or facsimile proposals will be considered.

2.6. Proposals may be modified or withdrawn prior to the established opening date by delivering written notice to the proposal contact. Any alteration made prior to opening date and time shall be initialed by the signer of the proposal, guaranteeing authenticity.

2.7. Proposals time-stamped after the due date and time will not be considered and will be returned to the Vendor unopened. Regardless of the method used for delivery, respondents shall be wholly responsible for the timely delivery of submitted proposals.

2.8. The Respondents name and address shall be clearly marked on all copies of the proposal.

3. TENTATIVE SCHEDULE OF EVENTS

3.1. Release of RFP: Tuesday, July 14, 2026

3.2. Deadline for Questions: Friday, July 24, 2026 by 2:00 p.m.

3.3. Submission Due Date: Wednesday, August 5, 2026 by 2:00 p.m.

Project # 26-36 Jail Food Service

4. PROPRIETARY INFORMATION

4.1. If a proposal response includes any proprietary data or information that the respondent does not want disclosed to the public, such data or information must be clearly identified on every page on which it is found. Data or information so identified will be used by Montgomery County officials and representative solely for the purpose of evaluating proposals and conducting contract negotiations.

5. INCURRED COSTS

5.1. Those submitting proposals do so entirely at their expense. There is no expressed or implied obligation by the County to reimburse any individual or firm for any costs incurred in preparing or submitting proposals, for providing additional information when requested by the County, or for participating in any selection interviews, including discovery (pre-contract negotiations) and contract negotiations.

6. ACCEPTANCE

6.1. Submission of any Proposal indicates a Respondents’ acceptance of the conditions contained in this Proposal unless clearly and specifically noted otherwise in their proposal.

6.2. Furthermore, the County is not bound to accept a proposal on the basis of lowest price, and further, the County has the sole discretion and reserves the right to cancel this Proposal, to reject any and all Proposals, to waive any and all informalities and or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the County’s best interests. The County reserves the right to accept or reject any or all of the items in the Proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Respondents if it is deemed in the County’s best interests.

6.3. Although Montgomery County desires to negotiate toward a contract with a selected Respondent, the Commissioners’ Court may award the contract on the basis of the initial proposals received, without discussions. Therefore, each initial proposal should contain the Respondent’s best terms.

7. INTERPRETATIONS, DISCREPANCIES AND OMISSIONS

7.1. It is incumbent upon each potential Respondent to carefully examine these specifications, terms and conditions. Should any potential Respondent find discrepancies, omissions or ambiguities in this Proposal, the Respondent shall, at once, request, in writing, an interpretation from the County’s Proposal Contact. Any inquiries, suggestions or requests concerning interpretation, clarification, or additional information shall be made in writing via e-mail only to the County’s Proposal Contact, as specified herein.

8. RETENTION OF RESPONDENT MATERIAL

8.1. The County reserves the right to retain all proposals regardless of which response is selected. All proposals and enclosed documents become the property of the County.

9. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION

By submission of a proposal, each Vendor certifies that in connection with this procurement:

9.1. The prices in this proposal have been arrived at independently, without consultation, communication or agreement with any other Respondent; with any competitor; or with any County employee(s) or consultant(s) for the purpose of restricting competition on any matter relating to this Proposal;

9.2. Unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent prior to award directly or indirectly to any other Respondent or to any competitor, and;

9.3. No attempt has been made or will be made by the Respondent to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

10. CONFIDENTIAL MATTERS

10.1. All data and information gathered by the Respondent and its agents, including this Proposal and all reports, recommendations, specifications and data shall be treated by the Respondent and its agents as confidential. The Respondent and its agents shall not disclose or communicate the aforesaid matters to a third party or use them in advertising, publicity, propaganda and/or in another job or jobs, unless written consent is obtained from the County.

10.2. Proposal will only be publicly received and acknowledged only so as to avoid disclosure of the contents to competing Respondent and kept secret during negotiation. However, all proposals shall be open for public inspection after the contract is awarded. Trade secrets and any material that is considered to be confidential information contained in the Proposal and identified by the Respondent as such, will be treated as confidential to the extent allowable under the Texas Public Information Act.

NOTE: “ANY MATERIAL REQUESTED TO BE CONSIDERED AS

CONFIDENTIAL IN NATURE MUST BE PLACED IN A SEPARATE ENVELOPE

CLEARLY MARKED CONFIDENTIAL; PROVIDED, SUCH MATERIAL WILL BE

TREATED AS CONFIDENTIAL BY MONTGOMERY COUNTY ONLY TO THE

EXTENT ALLOWABLE IN THE GOVERNMENT CODE, CHAPTER 552 OF THE

PUBLIC INFORMATION ACT AND EXCEPT WHERE REQUIRED BY A COURT

WITH COMPETENT JURISDICTION TO RELEASE INFORMATION. IF ITEMS

ARE NOT PLACED IN AN ENVELOPE AND MARKED CONFIDENTIAL,

Project # 26-36

MONTGOMERY COUNTY WILL NOT BE LIABLE FOR DISCLOSING THE

INFORMATION.”

11. LIMITS OF SUB-RESPONDENTS

11.1. The County has approval rights over the use and/or removal of all subcontractors and/or vendors. Respondents shall identify all sub-respondents in their Proposal and these subcontractors shall conform to all County policies.

11.2. Any dispute between the Respondent and subcontractor(s), including any payment dispute, will be promptly remedied by the Vendor. Failure to promptly remedy or to make prompt payment to sub-respondent may result in withholding of funds from the Vendor by the County for any payments owed to the subcontractor.

12. JURISDICTION, VENUE, CHOICE OF LAW

12.1. This Proposal and any contract resulting there from shall be governed by and construed according to the laws of the State of Texas. Should any portion of any contract be in conflict with the laws of the State of Texas, the state laws shall invalidate only that portion. The remaining portion of the contract(s) shall remain in effect. Any lawsuit shall be governed by Texas law and Montgomery County, Texas shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Proposal process and resulting Agreements.

13. INDEPENDENT CONTRACTOR

13.1. The Respondent is an independent contractor and no employee or agent of the

Respondent shall be deemed, for any reason, to be an employee or agent of the County.

14. PERFORMANCE AND PAYMENT BOND

14.1. Not required for this project.

15. COMPANY BACKGROUND

15.1. Experience, Expertise and Qualifications: Respondent’s Resume – Provide a detailed description of Respondent’s experience within the last five (5) years, including:

• Any and all names used to provide Jail Food Service. Include the following information:

• Areas served

• Credentials, licenses, and abilities of Respondent

• Provide criteria and procedures used in hiring, training, and monitoring staff

15.2. Proposed Organizational Charts and Staffing: Provide an organizational chart that describes the Respondent’s overall organization. Describe management structure, sufficiency of resources, and rationalization for allocation of resources.

15.3. Staff Resumes: Respondent shall provide resumes of all owners and technical managerial personnel who will be assigned to the project in the event of an award, including a description of anticipated roles in the project. All resumes must clearly indicate skills that commensurate with the technical and professional requirements of this RFP. Information on related experience, education and knowledge should include a delineation of work on specific projects, which relate to the County’s requirements. You do NOT need to include the number of line staff unless they have decision-making authority in the performance of their duties.

15.4. Government Contracts: Provide a list of similar Government contracts and include type of contracted services, length of contract, performance outcomes and compliance issues.

Please explain if Respondent or any of its officers are presently the target or subject of any investigation, accusation or charges by any Federal, State, or Local Law Enforcement, Licensing or Certification Body.

15.5. Fiscal: Provide the following information for the last three (3) fiscal years:

• Audited financial statements with applicable notes;

• Independent Auditor’s Report on Compliance and Internal Control over Financial

Report based on an Audit of the Financial Statements in Accordance with Government Account Standards;

• Independent Auditor’s Statement of Findings and Questioned Costs.

If Respondent has not had an audit conducted for the past three (3) fiscal years, Respondent shall provide the following:

• Statement of Financial Position (Balance Sheet);

• Statement of Activities (Income Statement);

• Statement of Cash Flows

16. INSURANCE

Respondents must submit current Certificates of Insurance indicating coverages in the amounts stated below. In lieu of submitting a Certificate of Insurance, Respondent may submit a notarized statement from an Insurance Company authorized to conduct business in the State of Texas, and acceptable to Montgomery County, guaranteeing the issuance of an insurance policy, with the coverage stated below, to the contractor named therein, if successful, upon award of this Contract.

16.1. WORKER’S COMPENSATION – STATUTORY EMPLOYERS LIABILITY

$1,000,000 E.L. Each Accident $1,000,000 E.L. Each Employee

Project # 26-36

$1,000,000 E.L. Disease Policy Limit

16.2. COMPREHENSIVE GENERAL LIABILITY INSURANCE, including Contractor's protective liability:

$3,000,000 Each Occurrence $5,000,000 General Aggregate $1,000,000 Products/Completed Operations $1,000,000 Personal Advertising & Injury $ 500,000 Damage to Rented Premises $ 5,000 Medical Expense (Any One Person)

The policy shall specifically include:

Special provisions – 30 Day Notice of Cancellation for material change

16.3. AUTOMOBILE LIABILITY INSURANCE, including coverage for owned, non-owned and hired vehicles, with minimum limits of not less than $1,000,000 Combined Single Limit (Bodily Injury including property damage)

16.4. UMBRELLA LIABILITY

$3,000,000 Each Occurrence $5,000,000 General Aggregate

Montgomery County shall be listed as an Additional Insured on the Commercial

General Liability, Auto Liability, and Umbrella when required by a written contract.

Waiver of Subrogation in favor of Certificate Holder applies to the Commercial General Liability, Auto Liability, Umbrella and Worker’s Compensation when required by contract.

Contractor shall be responsible for any deductions or exclusions stated in the policy.

This insurance coverage must insure against claims of third parties who go upon or wander upon the work site at any time and suffer injury or property loss, or who suffer any injury or property loss as a result of the contractor’s performance of the contract.

17. REQUESTED PRODUCTS AND SERVICES

17.1. Montgomery County is requesting Jail Food Services for both the Montgomery County

Law Enforcement Center Jail and Juvenile Services.

18. FOOD PREPARATION LOCATION

18.1. Meals will be prepared at Montgomery County Law Enforcement Center, #1 Criminal Justice Drive, Conroe, TX 77301.

Project # 26-36

18.1.1. Kitchen operational hours shall be 3:00 AM to 10:00 PM daily, with staffing levels maintained to support all meal preparation, service, and sanitation within this timeframe.

18.1.2. Available storage space.

18.1.2.1. Dry storage space is two separate rooms: 310 sq. ft. and 475 sq. ft.

18.1.2.2. Three units for cold storage: Cooler is 200 sq. ft., Freezer 1 is 270 sq. ft., and

Freezer 2 is 220 sq. ft.

18.1.3. Currently, the Jail has three (3) inmate shifts supporting kitchen operations with

8-10 inmates minimum per shift.

18.1.3.1. Inmates are not allowed to handle credit/debit cards for purchasing meal cards or repair kitchen equipment.

18.2. For delivery of food to the Juvenile Services facility by the awarded vendor, food must be prepared and delivered on trays designed to maintain proper temperature for a minimum of forty (40) minutes. The awarded vendor shall provide food trays, carts, transportation and any other incidentals necessary to transport meals. Juvenile requires a minimum of two hot meals per day.

18.2.1. Food is currently transported to Juvenile Services by golf cart in a heated tray cart. Golf cart is owned by current vendor.

18.2.2. Preparation and delivery of food to the Juvenile Services facility shall not delay the Jail food service.

18.3. Proposers are required to review the facility prior to submitting proposal in order to determine all requirements associated with the contract. Failure to adequately review shall not relieve the successful proposer from the necessity of furnishing and installing, without additional cost to the Montgomery County Sheriff’s Office (MCSO), any materials and equipment or performing any labor that may be required to carry out the intent of the contract.

18.4. For Site Inspection Appointment

Montgomery County Law Enforcement Center – Jail Prospective Proposers are to contact: Roland Henrici Address: #1 Criminal Justice Dr., Conroe, TX 77301 Telephone: 936-538-5957

Juvenile Services Prospective Proposers are to contact: Avery Thompson Address: 200 Academy Drive, Conroe, TX 77301 Telephone: 936-538-3269

19. MEAL COUNTS - OCCUPANCY FOR PROPOSAL

19.1. For the purpose of estimation, the Contractor shall base their proposal on the following average daily inmate/staff count at the Montgomery County Law Enforcement Center, as approximately 1,182 inmates (average daily count April 2025-April 2026) and 120 Jail

Project # 26-36

Staff (24-hour period average employee count). This is neither a maximum nor a minimum guaranteed number of meals.

19.1.1. Adult cold meals currently begin to be placed on reusable trays at 0600 hours.

19.1.2. Adult hot meals currently begin to be placed on reusable trays at 1200 hours and

1800 hours

19.1.3. Approximately thirty-five to forty (35-40) a.m. sack meals are required per day.

Current sack meal provided consists of four (4) slices of bread, three (3) ounces of meat, two (2) mustard packets, fruit or cookies and a drink mix.

19.1.4. There are approximately thirty-eight (38) p.m. snacks required per day.

Snack provided consists of two (2) 1 oz. peanut butter cups, along with two (2) slices of wheat bread wrapped in film. The requested calorie count is 514 for this p.m. snack.

19.1.5. There are approximately eighty (80) inmates on medical diets. (Additionally there are currently 12 inmates receiving double portions for medical reasons.)

19.1.6. There are approximately thirty-six (36) inmates on a religious diet (vegan, vegetarian, and kosher).

19.1.7. Approximately one hundred twenty (120) additional meals served daily beyond the average daily inmate population to account for inmate workers on double portions. (Trustees get two (2) meals ONLY during work times.)

19.2. For the purpose of estimation, the Contractor shall base their proposal on the following average daily resident count at the Juvenile Services Center. (approximately thirty-three

(33) residents). This is neither a maximum nor a minimum guaranteed number of meals.

Over the past twelve (12) months, the maximum count was forty-four (44) and the minimum count was twenty-four (24).

19.2.1. Juvenile meals are served as follows:

Breakfast: 0700 hours Lunch: 1200 hours Dinner sack lunches are brought with the 1200 hours delivery of lunch and stored in the Juvenile Detention refrigerator and are then served by the Juvenile Detention staff.

Note: Sack lunches include two (2) sandwiches, juice, fruit, and chips with a separately packaged snack.

19.3. The Montgomery Sheriff’s Office and Juvenile Services will be responsible to give the count to the Contractor on a daily basis.

20. PRICING – BASE PROPOSAL

State the price per meal based on three (3) meals per day, 365 days per year for:

20.1. Montgomery County Law Enforcement Center – Jail

20.1.1. Proposal pricing shall include a $250,000 allocation for kitchen equipment replacement, to be amortized or structured within the contract pricing model.

20.2. Juvenile Services, based on number of residents, price per meal for thirty-three (33) residents and above with a requirement of a minimum of two hot meals per day.

Project # 26-36

21. PRICE INCREASE COMPLIANCE

21.1. Law Enforcement Center - Jail and Juvenile Services prices may be adjusted annually based upon the Consumer Price Index, Food Away from Home, published by the U.S.

Department of Labor and the Market Basket of Products. If the increase does not constitute enough for wage increase, this will be negotiated separately, but at NO TIME, will a wage increase be larger than that of Montgomery County Employees.

22. GENERAL INFORMATION

22.1. To provide data necessary for the evaluation of competitive proposals submitted by qualified firms.

22.2. To provide a fair method for analyzing submitted proposals.

22.3. To result in a contract between the successful Respondent (unless all Proposals are rejected) and the County.

22.4. Services to include: Preparation of food services for both the Montgomery County Law Enforcement Center - Jail and Juvenile Services facilities, and delivery of food to the Juvenile Services facility.

22.5. Any optional services.

22.6. County will demonstrate reasonable care but will not be liable in the event of loss, destruction, or theft of Respondent owned equipment. The Respondent is required to retain total liability for their own equipment. At no time will the County be responsible or accept liability for any Respondent owned items.

22.7. Respondent is required to assume responsibility for all services obtained under contracts resulting from this RFP.

22.8. Respondent must comply with any mandatory licensing requirements. Respondent must state that, if selected, they will provide services in compliance with all applicable codes, whether local, state or federal, and that all permits or licenses required for service will be obtained without cost to County.

22.9. All standard Montgomery County Terms and Conditions apply unless stated otherwise.

22.10. All orders will be issued on an “AS NEEDED” basis.

22.11. Montgomery County does not guarantee an order.

22.12. If applicable, Montgomery County may, at its discretion, procure the awarded item(s)/service(s) from other sources, if it is found to be in the County’s best interest from other sources during emergency situations.

22.13. All employees hired by Respondent and assigned to work at the MCSO – Jail must pass a background check performed by a member of the MCSO, and comply with MCSO Non- Uniform dress code, as much as possible. (relates to respective company’s uniform)

22.14. If a proposer does not wish to submit a proposal at this time but wishes to remain on the vendor’s list for this commodity, please submit a “NO BID/PROPOSAL” following the same procedures indicated for the proposal.

23. ADDITIONAL CRITERIA

23.1. Site Visit: County may conduct a site visit of the two (2) highest evaluated firms to ensure proposed solution is operational.

23.2. Value-Added Services: Please list any additional value-added features or services that may benefit Montgomery County, categorized as “Cost to County” or “No Cost to County”. Any associated fees or charges to the County must be identified in the Respondent’s response.

23.3. Additional Information: Please provide information regarding the following items in the proposal submission.

23.3.1. Menus (content, portion size, length of cycle, nutritional requirements, etc.)

23.3.1.1. All food products shall be delivered pre-cooked; or at a minimum, no raw chicken products permitted on-site.

23.3.1.2. Contractor shall provide adult meals based on a 3,000-calorie daily diet standard per individual.

23.3.2. Recipes (including color photographs of each meal)

23.3.3. Medical and religious diets and holiday meals

23.3.4. Plan (to include a Point of Sale system, if applicable), menu and recipes for

Officer Dining Room (with color photographs)

23.3.5. Dietary supplies

23.3.6. Quality and inventory control methods and standards

23.3.7. Procedures for dealing with complaints about products/services, etc.

23.3.8. Operational procedures for handling food on and off-site

23.3.9. Provide an overview of a computerized food service management program

23.3.10. Submit a comprehensive quality assurance program that covers all aspects of the food service operation which includes sanitation

23.3.11. Submit procedures for providing weekly maintenance updates and weekly chemical usage logs.

23.3.11.1. Contractor shall be responsible for procurement and supply of all cleaning chemicals required for kitchen operations and sanitation.

23.3.12. Submit procedures for providing monthly equipment service reports.

Project # 26-36

23.3.13. Respondent will supply/purchase all disposable service items, including but not limited to plastic spoons, Styrofoam cups, and clamshell containers

23.3.14. Hours of Operation for the Officer’s Dining Room will be staffed, prepared and served, by a member of the respondent. (Dining hours should be adequate for day and night shifts and will be agreed upon between the two (2) parties.)

23.3.14.1. A separate menu will be provided for the Officers.

24. STANDARDS COMPLIANCE

In the submitted proposal, confirm compliance with the following:

24.1. Juvenile Service – Confirm compliance with the Texas Department of Agriculture (TDA) and National School Lunch Program/School Breakfast Program (NSLP/SBP).

24.2. Adult Detainees – Confirm compliance with American Correctional Association’s standards and Texas Commission on Jail Standards minimum requirements for food services and daily caloric intake for residents.

25. EMERGENCY PROCEDURES

25.1. Provide information concerning security and lock-down procedures, emergency food supply, meal distribution, sanitation, emergency procedures for power outage, etc.

26. RECORD KEEPING

26.1. Provide information about required records:

26.1.1. operating records,

26.1.2. charts and work schedules for all employees,

26.1.3. records of meal counts,

26.1.4. daily records kept to meet health care standards,

26.1.5. board rate billings and escalation, etc.

27. QUALITY ASSURANCE

27.1. Provide information about quality assurance:

27.1.1. A staffing plan should be adhered to, and plans to ensure it should be submitted as part of the proposal.

27.1.1.1. Contractor shall maintain minimum staffing levels as follows:

• Four (4) employees per shift

• Three (3) shifts per day

• One (1) Assistant Manager (Team Lead) per shift

• One (1) Kitchen Director overseeing operations

27.1.1.2. Contractor shall maintain minimum staffing levels as defined in the agreement. Failure to meet staffing requirements shall result in predefined monetary penalties (liquidated damages) assessed per occurrence or per day of non-compliance.

Project # 26-36

27.1.2. A plan to maintain the monthly menu should be included in the proposal (ensuring the MCSO that the kitchen will be properly staffed). Deviating from the menu should be minimal and discussed with the lieutenant of the kitchen prior to the deviation.

27.1.3. Officer Dining Room times should be strictly adhered to. Officers do NOT have the ability to leave their work station to eat.

27.1.4. A matrix of credits (if applicable, how these are ensured) should be attached to the proposal.

28. EVALUATION CRITERIA

28.1. In order to facilitate the analysis of responses to this Proposal, Respondents are required to prepare their proposals in accordance with the instructions outlined in this part.

Proposals should be prepared as simply as possible and provide a straightforward, concise description of the Respondent’s capabilities to satisfy the requirements of the Proposal. Emphasis should be concentrated on accuracy, completeness and clarity of content. All parts, pages, figures, and tables should be numbered and clearly labeled.

28.1.1. Respondents are required to follow the outline below when preparing their proposals:

Tab Title Page (signed) Table of Contents Executive Summary

1. Technical

2. Company Background

3. Price

4. Value-Added Features and Services

5. Required Forms

28.1.2. Include any exceptions to the Proposal requirements in the applicable section.

28.1.3. Executive Summary – This part of the response to the Proposal should be limited to a brief narrative highlighting the Respondent’s proposal. This section should not include cost quotations. Note that the executive summary should identify the primary contacts for the Respondent.

28.1.4. Respondents will be evaluated utilizing the factors as weighted below:

Tab 1 Technical (Maximum 30 points): The Evaluation Committee will review the proposal for completeness and see how Respondent will approach the task of initiating and fully implementing its program. The Committee will also review the detailed staffing plans provided for each of the facilities. This plan should include the minimum number of employees that will be on duty during operational hours and how those employees will be utilized. Proposal should demonstrate clarity, understanding of issues, completeness of program, and provide assurance of performance as to quality and efficiency for this category.

Tab 2 Company Background (Maximum 30 points): Included in this criterion of the evaluation will be:

a) Length of time Respondent has been in business;

b) Current and recent history of past performance by the Respondent of a similar nature to the performance offered in response to the RFP;

c) The apparent capabilities of the Respondent to perform well in the execution of its obligations under a contract with the County as evidenced by its leadership and management personnel. Additional factors include size of organization, and other current contractual obligations defining the Respondents capability to undertake and successfully fulfill the obligations proposed to be undertaken by its submission of a proposal in response to this RFP.

Tab 3 Price (Maximum 30 points): The stated per meal prices for full performance will be a major consideration under this category.

Tab 4 Value-Added Features and Services (Maximum 5 points): This section should define features and services available, which will add value to our relationship with Respondent and services they propose.

Tab 5 Required Forms (Maximum 5 points): Overall completeness of proposal, Proof of Insurance, and completed Respondent forms.

28.1.5. Any exceptions to the Proposal requirements shall be identified in the applicable section.

29. EVALUATION PROCESS

29.1. After the proposals are received, the evaluation team shall evaluate each proposal that was timely submitted, and the evaluation shall be based on the criteria listed in the proposal. Selection committee members will conduct a quantitative evaluation according to a numerical ranking system and a qualitative evaluation for overall proposal content and its conformance to requirements. The entire Evaluation Committee will then meet to discuss the strong and weak points of each proposal to ensure that it has been evaluated fairly, impartially, and comprehensively. Following this initial evaluation, the Evaluation Committee may recommend a contract award without further discussion with Contractor(s), or the firms submitting the top rated proposals may be asked to make an oral presentation to the evaluation team for the purpose of further clarification and evaluation of the proposals.

29.2. If oral presentation is scheduled, the representatives of the firm assigned to the account must be present at the interview. During the interview portion of the meeting, the evaluation team shall advise the Respondent of deficiencies in the proposal, if any, and shall allow the Respondent to satisfy the requirements, questions or concerns by submitting a final offer. The Respondent may choose not to modify their proposal and may inform Montgomery County that the offer is firm and final.

29.3. The evaluation team shall not disclose any information included in a Respondent’s proposal to another firm during the RFP process and shall not disclose any information for the purpose of bringing one firm’s proposal up to that of a competitor’s proposal.

29.4. After final offers are received, the evaluation team shall re-evaluate each of the final offers, including those deemed final at the interview. The final offers shall be evaluated on the same criteria used in the first evaluation.

29.5. Montgomery County reserves the right to reject any and all proposals received for any reason that would be to the benefit of Montgomery County.

29.6. All proposals submitted are to be valid for a period of ninety (90) days.

30. AWARD

30.1. The County will select the Respondent whose proposal is the highest evaluated and responsible for the County. Contractual commitments are contingent upon the availability of funds, as evidenced by the issuance of a purchase order. All contracts are subject to the approval of the County’s legal counsel and Commissioners’ Court prior to execution.

Once awarded, the contract will be the final expression of the agreement between the parties and may not be altered, changed or amended except by mutual agreement, in writing.

30.2. Any actual or prospective bidder, offeror, or contractor who feels they have been aggrieved in connection with the solicitation, evaluation, or award of a contract may

Project # 26-36 formally protest prior to award of contract. Formal protests to award must conform to the requirements set forth in Montgomery County, Texas Purchasing Policy Manual Section

3.4 Vendor Protest Procedures, and shall be resolved in accordance with the procedure.

31. CONTRACTUAL OBLIGATIONS

31.1. This Request for Proposal, response and associated documentation, and negotiations and final contract, when properly accepted by Montgomery County, shall constitute a contract equally binding between the Contractor and Montgomery County.

32. TERM

32.1. The contract resulting from this RFP will have an initial period beginning upon award in Commissioners’ Court and will continue for a one (1) year term. Montgomery County may request to renew the original contract as amended from time to time, at the same terms, conditions and pricing. Each renewal, if any, will be in one (1) year increments, not to exceed four (4) additional years past the initial term.

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Project # 26-36

MONTGOMERY COUNTY

REQUEST FOR PROPOSAL

GENERAL TERMS AND CONDITIONS

PLEASE READ THIS ENTIRE DOCUMENT CAREFULLY, YOU ARE RESPONSIBLE FOR

FULFILLING ALL SPECIFICATIONS AND REQUIREMENTS.

1. COMPLETION OF DOCUMENT: MONTGOMERY COUNTY is aware of the time and effort you expend in preparing and submitting proposals to the County. Please let us know of any proposal requirements which are causing you difficulty in responding to our proposal. We want to make the process as easy as possible so that all responsible vendors can compete for the County’s business.

Fill out completely and return the number of documents specified in the invitation in a sealed envelope properly marked with TITLE OF PROPOSAL AND PROJECT NUMBER, stating, and clearly stating DO NOT OPEN IN MAIL ROOM. Original proposal shall be clearly marked “ORIGINAL” and contain all original signatures.

Electronic Signatures can be accepted on documentation that requires signatures. If there is a question regarding the authenticity of the signature Montgomery County Reserves the right to request verification.

Proposer shall provide with this proposal response, all documentation required herein. Failure to provide this information may result in rejection of proposal.

2. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE PROPOSERS: A prospective proposer must affirmatively demonstrate proposer’s responsibility. A prospective proposer must meet the following requirements:

a) have adequate financial resources, or ability to obtain such resources as required;

b) be able to comply with the required or proposed schedule;

c) have a satisfactory record of performance;

d) be otherwise qualified and eligible to receive an award.

Montgomery County may request representation and other information sufficient to determine proposer’s ability to meet the minimum standards listed above.

3. REFERENCES: Montgomery County requests proposer to supply, with this Request for Proposals, a list of references where like services have been supplied by their firm. Include name of firm, contact person, address, telephone number and fax number.

4. AWARD: The Commissioners’ Court of Montgomery County (County) reserves the right to award the contract to the BEST AND MOST RESPONSIBLE PROPOSAL in accordance with laws of the State of Texas, to waive any formality or irregularity, to make awards to more than one proposer, to reject all proposals or require new proposals if in the best interest of the County. By law, County is not obligated to accept a non-compliant low proposal. County reserves the right to award proposals on the lump sum or “unit price” basis, whichever is in the best interest of Montgomery County.

To obtain results, or if you have any questions, please contact the Purchasing Office at 936.539.7980.

5. CONTRACT FULFILLMENT: The Commissioners’ Court of Montgomery County must, by law, award all contracts, and the Commissioners’ Court must sign all contracts and agreements before they become

Project # 26-36 binding on the County. This proposal and all of its content becomes part of the contract between the awarded vendor and Montgomery County for the time period designated.

6. CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect the terms, conditions or specifications stated in the resulting contract. All Change Orders to the contract will be made in writing by the Purchasing Agent and approved by Commissioners’ Court.

7. PRICING: Prices for services shall be firm for the duration of the contract and shall be stated in the contract.

Prices shall be all inclusive, unless specifically approved in writing by the Commissioners’ Court. All invoices shall detail services performed and have supporting documentation as required by the County Auditor.

Invoices shall be issued for each Purchase Order, must be originals or certified copies of original, and shall be mailed directly to the Montgomery County Auditor, P.O. Box 539, Conroe, TX, 77305.

8. TERMINATION: During the term of the contract, County retains the right to immediately cancel any agreement between the parties should services performed by proposer not meet specifications. County also retains the right to cancel the agreement due to budget restraints. In any case, with or without cause, County may terminate any agreement upon thirty (30) days written notice deposited in the United States mail.

9. PAYMENT TERMS: Unless otherwise specified by Montgomery County Commissioners’ Court, payment terms will be “Net 30” after receipt of product(s), material(s), service(s) or invoice, whichever is later.

10. RECORDS: Contractors shall maintain records for one year after project has been accepted by Montgomery

County, or any longer term specified in the contract.

11. FUNDING OUT: It is expressly understood and agreed that County has available the total maximum sum of funds hereinafter certified available by the County Auditor for the purpose of satisfying County’s obligations under the terms and provisions of the agreement; and not withstanding anything to the contrary or that may be construed to the contrary, the liability of County is limited to said sum, plus additional amounts of funds from time to time certified available for the purpose of satisfying the County’s obligations under the terms and provisions of this agreement. The sole and exclusive remedy of proposer shall be to terminate the agreement.

Funds for payment have been provided through the Montgomery County budget approved by the Montgomery

County Commissioners’ Court for this fiscal year only. State of Texas Statutes prohibit the obligation and expenditure of public funds beyond the fiscal year for which a budget has been approved. Therefore, anticipated orders or other obligations that may arise past the end of the current Montgomery County fiscal year shall be subject to budget approval.

12. TAXES: County is a body corporate and political subdivision under the laws of the State of Texas and claims exemption from Limited Sales and Use Tax to the State of Texas, under Texas Tax Code Ann. Section 151.309, as amended. Exemption Certificates will be provided to proposer upon request. County is subject to Federal Excise Tax.

13. LICENSES: Proposer is responsible for obtaining and keeping current requisite licenses and permits necessary for the activities under this agreement, including ensuring that any drivers employed by proposer are properly licensed.

14. ASSIGNMENT: County shall have the right to sell, transfer or assign, in whole or in part, all of its rights and obligations hereunder. In such event and upon the assumption of such transfer of County’s obligations hereunder, no further liability or obligation shall thereafter accrue against County. The successful proposer

Project # 26-36 shall not sell, assign, transfer or convey this contract, in whole or in part, without the prior written consent of Montgomery County Commissioners’ Court or appointed agent.

15. NOTICE: All notices required hereunder shall be deemed to have been properly given when made in writing and sent by mail with adequate postage in the United States mail.

16. WAIVER: The failure of either Party hereto, in any or more than one instance, to insist upon the performance of any term, covenant, or condition of this RFP or the contract or to exercise any right or privilege, or the waiver by either Party of any breach of any of the terms, covenants, or conditions of the agreement, shall not be construed as thereafter waiving that or any other such term, covenant, condition, right or privilege, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

17. TEXAS LAW: The contract will be governed and construed according to the laws of the State of Texas and is performable in Montgomery County, Texas. The successful proposer and Montgomery County agree that both Parties have all rights, duties, and remedies available as stated in the Uniform Commercial Code.

18. COMPLIANCE WITH LAW: The contract and all services performed thereunder must comply with all federal, state, county and local laws concerning the same types of services.

19. TORT CLAIM: The County shall be responsible only for the acts or failure to act of its own employees, agents, or servants; provided, however, such responsibility shall be subject to the terms, provisions and limitations of the Constitution and Laws of the State of Texas, particularly the Texas Tort Claims Act. In no event will the County be held to waive any immunity, defense or liability cap available to it by law.

20. INDEMNIFICATION: The Parties agree that under the Constitution and Laws of the State of Texas, the

County cannot enter into a contract whereby it agrees to indemnity any other Party; therefore, all references of any kind to the County indemnifying, holding or saving harmless for any reason whatsoever is of no effect.

Proposer agrees to defend and indemnify the County and all of its officials, employees, agents and invitees from and against all claims, demands, actions, damages, losses and expenses, including court costs and reasonable attorney’s fees, and any and all loss, damage, injury, or death arising out of or in connection with and during the performance of services under the contract and pursuant to this RFP.

Proposer is to maintain sufficient insurance coverage on its personnel and property, and require its subcontractors to maintain sufficient insurance to cover the above eventualities.

A report of any loss, damage, injury or death to any person or property in any way arising under this agreement shall be sent by certified or registered mail to the County Attorney’s Office within ten (10) days from an event. Such written report shall be a full and complete account of the incident.

In addition, proposer represents and warrants unto County that the use or construction of any and all tools, equipment, products, or services furnished by proposer or used by proposer in the performance of services under the contract shall not infringe upon any patent or license which has been issued or applied for; accordingly, the proposer shall indemnify and hold County harmless from and against any and all claims, demands, and causes of action of any kind and character in favor of or made by any patentee, licensee, or claimant of any right or priority to any such tool, equipment, product or service.

21. SPECIFICATIONS: In the event any conflict arises between specifications of the RFP, the proposal or the final approved Contract, the specifications of the contract shall rule and take precedence, unless specifically indicated and approved in writing by the County.

The apparent silence of these RFP specifications as to any detail or the apparent omission of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to…