ORDER NO. 31518 CONTRACT OUT KERR COUNTY JAIL COMMISSARY TO FIVE STAR CORRECTIONAL SERVICES Came to be heard this the 9th day of November, 2009, with a motion made by Commissioner Letz, seconded by Commissioner Oehler, the Court unanimously approved by a vote of 4-0-0 to: Approve contracting out the Kerr County Jail Commissary to Five Star Correctional Services. 1~~~ 351 ~' COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: W.R. Hierholzer OFFICE: Kerr County Sheriff s Office MEETING DATE: November 9.2009 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action regarding contracting out Kerr County Jail commissary. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Sheriff Hierholzer ESTIMATED LENGTH OF PRESENTATION: 5 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. November 9, 2009 TO: Kerr County Judge Pat Tinley and Kerr County Commissioners' Court FROM: Sheriff W.R. Hierholzer RE: Commissary Contract Consider, discuss and take appropriate action regarding contracting out Kerr County Jail commissary. KERB COUNTY SHERIFF'S OFFICE SAIL $ERVICE AGREEMENT This Agreement is made between the Kerr County Sheriff's Office for the benefit of the Kerr County Jail located at 400 Clearwater Paseo, Kerrville, TX 78028 and Five '..Star Correctional Services, Inc. ("Contractor"), having its principal place of business at 4928 Beeman Avenue, Dallas, Texas for the purpose of providing commissary service to' the Inmates of the Kerr County Jail commencing on f~ f,5'" , 2009. SHERIFF'S DEPARTMENT GRANT TO FIVE STAR CORRECTIONAL The Kerr County Sheriff's Office hereby grants unto Contractor the exclusive right to provide Inmate commissary products to Inmates in the Kerr County Jail and any and all adult jails operated by Kerr County. RESPONSIBILITIES OF PARTIES PRODUCT DELIVERY SERVICE: Contractor will provide commissary products to Kerr County upon request. Kerr County will operate their own commissary service using County employees. Product will be delivered one business day offer order is placed. An alternative schedule may be necessary in the event that order/delivery days fall on County holidays or in the event of inclement weather conditions. PRODUCT INVENTORY: Contractor will purchase and maintain a mutually agreed upon number and type of commissary products such as food items, non-alcoholic beverages, stationery, and other such articles, and will keep the inventory adequately serviced and supplied with appropriate merchandise in good quality. MENUS, PRICES, AND $ERVICE SPECIFICATIONS: Kerr COUnty and Contractor will mutually agree on prices and service specifications. Kerr County has the final decision on how to select and designate the time and place of service and type of products sold. PRICE INCREASES: Contractor warrants that prices are subject to ordinary price increases that might, from time to time, be necessary due to market factors beyond the control of Contractor during the term of this Agreement. Changes in the prices of the commissary items shall be subject to final approval by Kerr County prior' to implementation by Contractor. Kerr County, however, shall not refuse any reasonable request for an increase in prices. KERB COUNTY JAIL SERVICE AGREEMENT PAGE ~ COMPUTERS/E6lUIPMENT: Contractor agrees to install one computer with commissary software and Inmate Banking System in accordance with the industry standard for the efficient recording, reconciling, and accounting of Inmate purchases and Inmate trust accounts. Contractor will also provide one laser printer, one hand-held scanner, and monitor. As an alternative to the computer/scanner ordering system, Contractor will also offer a telephone ordering system that will not require the use of a scanner. All computer hardware, software (with the exception of County-owned software installed by Kerr County), and other commissary equipment provided by Contractor are and shall remain the property of Contractor. Kerr County shall have no property interest in said software, hardware, or equipment. All maintenance, repair, or replacement of hardware shall be the responsibility of Contractor. Furthermore, Contractor shall provide all required training necessary to employees of Kerr County to facilitate the usage of said software and hardware. LICENSE AND PERMITS: Contractor will be responsible for all Federal, State, and local licenses and permits in connection with the commissary service it provides for the Kerr County Jail FINANCIAL ARRANGEMENTS Contractor will be reimbursed for commissary products purchased by Kerr County within 10 days of invoice date. Contractor will provide a detailed invoice to Kerr County for payment. Contractor will pay a monthly commission of 31 percent of net sales (defined as gross sales less sales tax and postage) to Kerr County. Commission on the entire month of sales will be paid no later than the last day of the following month, provided that all invoices for the commission period have been paid. INDEPENDENT CONTRACTOR RELATIONSHIP It is mutually understood and agreed that an independent contractor relationship is hereby established under the terms and conditions of this Agreement; that employees of Contractor are not nor shall they be deemed to be employees of Kerr County and that employees of Kerr County are not nor shall they be deemed to be employees of Contractor. KERB COUNTY JAIL SERVICE AGREEMENT PAGE 2 NOTICES AND COMMUNICATIONS All notices or other communication hereunder shall be deemed to be duly given when made in writing and delivered in person or deposited in the United States mail postage prepaid, certified. mail, return receipt requested and addressed as follows: CONTRACTOR: Five Star Correctional Services, Inc 4928 Beeman Avenue Dallas, Texas 75223 SHERIFF'S DEPARTMENT: Kerr County Sheriff's Office 400 Clearwater Paseo Kerrville, TX 78028 EXTENT OF AGREEMENT This agreement represents the entire contract between the Kerr County Sheriff and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Kerr County Sheriff and Contractor. TERMS OF AGREEMENT Agreement will be for a term of five years. Contractor will be notified of pny malfunction on its part and corrections will be made or discussions regarding corrections will be made. Either party may .terminate this agreement, with or without cause, upon sixty days written notice in accordance with the "Notices and Communications" above. KERB COUNTY SHERIFF t Sheriff W.R. Hierholzer ~ Kerr County Sheriff's Office \ 400 Clearwater Paseo Kerrville, TX 78028 Date: \~~ ~~ ~ ~~ FIVE STAR CORRECTIONAL SERVICES, INC. °~,~ ~- a ~~ ~-,% am Loria Five Star Correctional Services, Inc. 4928 Beeman Avenue Dallas, Texas 75223 Date;- ~ ~~ ~.~ _ ~ q KERB COUNTY JAIL SERVICE AGREEMENT PAGE 3