ORDER NO. 31734 JAIL COMMISSARY CONTRACT Came to be heard this the 24th day of May, 2010, with a motion made by Commissioner Baldwin, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4 -0 -0 to: Approve the changes to the Jail Commissary Contract, with the only change being the term which will be 3 years, instead of 5 years. )1 31 - 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: May 24, 2010 TIME PREFERRED: SUBJECT: Consider, discuss and take appropriate action concerning changes to jail commissary contract. 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. May 24, 2010 To: Kerr County Judge Pat Tinley and Kerr County Commissioners' Court From: Sheriff W.R. Hierholzer RE: Jail Commissary Contract Consider, discuss and take appropriate action concerning changes to jail commissary contract. * * * ** FIVE STAR Correctional Services Setting the Standard in Food and Commissary Service March 30, 2010 A* 4 2818 Sheriff W.R. "Rusty" Hierholzer Kerr County Sheriff's Office 400 Clearwater Paseo Kerrville, TX 78028 Dear Sheriff Hierholzer: After much consideration, Five Star Correctional Services has made the decision to suspend our Commissary division. We feel that it would be in the best interest of the company to concentrate exclusively on food service. I apologize for any inconvenience this may cause you, but please consider this letter our official notice to terminate our service agreement. Our last day of service will be May 31, 2010. If we are currently operating both food and commissary service at your facility, please know that we will continue to provide you with the highest quality service in the industry. We will also work with you to make the transition to an alternate commissary vendor as smooth as possible. Should you have any questions, please do not hesitate to call me at the phone number below. It has been a pleasure working with you. S' - 'erel b :ID • us i — CEO Tel. 214.821.9000 4928 Beeman Avenue, Dallas, Texas 75223 Fax 214.821.8310 KERR COUNTY SHERIFF'S OFFICE JAIL SERVICE 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 /� //.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 after 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 SERVICE 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. KERR COUNTY JAIL SERVICE AGREEMENT PAGE 1 • COMPUTERS /EQUIPMENT: 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. KERR COUNTY JAIL SERVICE AGREEMENT PAGE 2 , • F ` 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: SHERIFF'S DEPARTMENT: Five Star Correctional Services, Inc. Kerr County Sheriff's Office 4928 Beeman Avenue 400 Clearwater Paseo Dallas, Texas 75223 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 any 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. KERR COUNTY SHERIFF FIVE STAR CORRECTIONAL SERVICES, INC. Sheriff W.R. Hierholzer am Loria Kerr County Sheriff's OfficeN Five Star Correctional Services, Inc. 400 Clearwater Paseo 4928 Beeman Avenue Kerrville, TX 78028 Dallas, Texas 75223 Date: ,~ �'�� Date: / 1-13 KERR COUNTY JAIL SERVICE AGREEMENT PAGE 3 , • Kerr County Jail Inmate Commissary Service Agreement This Agreement is made between Sheriff W. R. Hierholzer, on behalf of the Kerr • County Sheriff's Office (`Sheriff's Office') for the benefit of the Kerr County Inmate Commissary located at Kerr County Jail, 400 Clearwater Paseo, Kerrville, TX 78028 and Commissary Express, Inc. ( "Contractor "), having its principal place of business at 3002 South Haskell, Dallas, Texas for the purpose of providing commissary services to the inmates of the Kerr County Jail and shall be effective on the 1st day of May, 2010. Sheriff's Office Grant to Commissary Express, Inc. 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 other jails operated by the Kerr County Sheriff's Office. Responsibilities of Parties Providing Service. Contractor will purchase and maintain at high standards of quality such mutually agreed number and type of inventory items at mutually agreed locations for the sales of food products, non - alcoholic beverages, and other such articles and will keep the inventory adequately serviced and supplied with appropriate merchandise in good quality. Contractor will provide commissary service once per week using a bag operation system whereby inmate orders are scanned by Kerr County employees and electronically transmitted to our facility in Dallas, Texas. Orders will be packaged and shipped via common carrier for next day delivery. Menus, Prices and Service Specifications. The Sheriff's Office and Contractor will mutually agree on prices and service specifications, and in absence of such an agreement the Sheriff's Office shall make the final decision as to prices and service specifications. The Sheriffs Office 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 the Sheriffs Office prior to implementation by Contractor. The Sheriff's Office, however, shall not refuse any reasonable request for an increase in prices. Kerr County Jail Inmate Commissary Service Agreement Page 1 x s Computers. Contractor agrees to install computers and software in accordance with the industry standard for the efficient recording, reconciling, and accounting of inmate purchases and inmate trust accounts. All maintenance, repair, or replacement of hardware shall be the responsibility of Contractor. Furthermore, Contractor shall provide all required training necessary to employees of the Sheriff's Office to facilitate the usage of said software and hardware. Refunds. Contractor agrees and understands that it shall be responsible for the refunding of monies or delivering of goods to those individuals who purchase commissary but have left the Kerr County Jail before the purchases can be delivered. If the Contractor has made reasonable attempts to deliver the items or make a refund to no avail the purchases shall become the property of Commissary Express, Inc. License and Permits. Contractor will be responsible for all federal, state, and local license and permits in connection with the commissary service it provides for the Kerr County Jail. Taxes Contractor will be responsible for collecting and paying all sales tax on commissary goods sold to Kerr County Jail Inmates. Kerr County Jail Inmate Commissary Service Agreement Page 2 K Financial Arrangements Contractor will be reimbursed for commissary purchased by Kerr County Jail inmates on a weekly basis from monies generated from the Inmate Commissary Trust Fund. Contractor must provide a detailed invoice to the Sheriff's Office for payment. Contractor will pay a monthly commission to the Kerr County Sheriff's Office as follows: Commissary Express, Inc. will pay Kerr County a commission that is 31 percent of net sales *Net sales is defined as Gross Sales minus sales tax and postage. Terms This agreement shall remain in effect for three years from the commencement of service and may be renewed for two additional one year periods. Either party may terminate this agreement, with or without cause, upon thirty days prior written notice. Notice must be sent via certified mail to the representative's address below. 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: Sam Loria, President Commissary Express, Inc. 3002 South Haskell Dallas, Texas 75223 Sheriff's Office: Sheriff W. R. Hierholzer Kerr County Sheriff's Office 400 Clearwater Paseo Kerrville, TX 78028 Kerr County Jail Inmate Commissary Service Agreement Page 3 • 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 the Sheriff's Office and that employees of the Sheriff's Office are not nor shall they be deemed to be employees of Contractor. All software and hardware installed by Contractor pursuant to the provisions of this Agreement are and shall at all times remain the property of Contractor and Agreement. All maintenance, repair, or replacement shall be the responsibility of Contractor. Venue This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Kerr County, Texas. 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. Any absence or omission from the contract document specifications concerning any point shall be regarded as meaning that the best commercial practices are to prevail, and that only materials and workmanship of a quality that would be normally specified by Kerr County are to be used. KERR COUNTY, TEXAS COMMISSARY EXPRESS, INC. Sheriff W. R. Hierholzer Sam Loria, President Kerr County Sheriff's Office Commissary Express, Inc. 400 Clearwater Paseo 3002 South Haskell Kerrville, TX 78028 Dallas, Texas 75223 Date: Y f � � j Date: - Kerr County Jail Inmate Commissary Service Agreement Page 4 FILE Copy Kerr County Jail Inmate Commissary Service Agreement This Agreement is made between Sheriff W. R. Hierholzer, on behalf of the Kerr County Sheriff's Office ('Sheriff's Office') for the benefit of the Kerr County Inmate Commissary located at Kerr County Jail, 400 Clearwater Paseo, Kerrville, TX 78028 and Commissary Express, Inc. ( "Contractor "), having its principal place of business at 3002 South Haskell, Dallas, Texas for the purpose of providing commissary services to the inmates of the Kerr County Jail and shall be effective on the 1st day of May, 2010. Sheriff's Office Grant to Commissary Express, Inc. 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 other jails operated by the Kerr County Sheriff's Office. Responsibilities of Parties Providing Service. Contractor will purchase and maintain at high standards of quality such mutually agreed number and type of inventory items at mutually agreed locations for the sales of food products, non - alcoholic beverages, and other such articles and will keep the inventory adequately serviced and supplied with appropriate merchandise in good quality. Contractor will provide commissary service once per week using a bag operation system whereby inmate orders are scanned by Kerr County employees and electronically transmitted to our facility in Dallas, Texas. Orders will be packaged and shipped via common carrier for next day delivery. Menus, Prices and Service Specifications. The Sheriff's Office and Contractor will mutually agree on prices and service specifications, and in absence of such an agreement the Sheriff's Office shall make the final decision as to prices and service specifications. The Sheriff's Office 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 the Sheriff's Office prior to implementation by Contractor. The Sheriff's Office, however, shall not refuse any reasonable request for an increase in prices. Kerr County Jail Inmate Commissary Service Agreement Page 1 Computers. Contractor agrees to install computers and software in accordance with the industry standard for the efficient recording, reconciling, and accounting of inmate purchases and inmate trust accounts. All maintenance, repair, or replacement of hardware shall be the responsibility of Contractor. Furthermore, Contractor shall provide all required training necessary to employees of the Sheriff's Office to facilitate the usage of said software and hardware. Refunds. Contractor agrees and understands that it shall be responsible for the refunding of monies or delivering of goods to those individuals who purchase commissary but have left the Kerr County Jail before the purchases can be delivered. If the Contractor has made reasonable attempts to deliver the items or make a refund to no avail the purchases shall become the property of Commissary Express, Inc. License and Permits. Contractor will be responsible for all federal, state, and local license and permits in connection with the commissary service it provides for the Kerr County Jail. Taxes Contractor will be responsible for collecting and paying all sales tax on commissary goods sold to Kerr County Jail Inmates. Kerr County Jail Inmate Commissary Service Agreement Page 2 ti Financial Arrangements Contractor will be reimbursed for commissary purchased by Kerr County Jail inmates on a weekly basis from monies generated from the Inmate Commissary Trust Fund. Contractor must provide a detailed invoice to the Sheriff's Office for payment. Contractor will pay a monthly commission to the Kerr County Sheriff's Office as follows: Commissary Express, Inc. will pay Kerr County a commission that is 31 percent of net sales *Net sales is defined as Gross Sales minus sales fax and postage. Terms This agreement shall remain in effect for three years from the commencement of service and may be renewed for two additional one year periods. Either party may terminate this agreement, with or without cause, upon thirty days prior written notice. Notice must be sent via certified mail to the representative's address below. 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: Sam Loria, President Commissary Express, Inc. 3002 South Haskell Dallas, Texas 75223 Sheriff's Office: Sheriff W. R. Hierholzer Kerr County Sheriff's Office 400 Clearwater Paseo Kerrville, TX 78028 Kerr County Jail Inmate Commissary Service Agreement Page 3 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 the Sheriff's Office and that employees of the Sheriff's Office are not nor shall they be deemed to be employees of Contractor. All software and hardware installed by Contractor pursuant to the provisions of this Agreement are and shall at all times remain the property of Contractor and Agreement. All maintenance, repair, or replacement shall be the responsibility of Contractor. Venue This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Kerr County, Texas. 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. Any absence or omission from the contract document specifications concerning any point shall be regarded as meaning that the best commercial practices are to prevail, and that only materials and workmanship of a quality that would be normally specified by Kerr County are to be used. KERR COUNTY, TEXAS COMMISSARY EXPRESS, INC. Sheriff W. R. Hierholzer Sam Loria, President Kerr County Sheriff's Office Commissary Express, Inc. 400 Clearwater Paseo 3002 South Haskell Kerrville, TX 78028 Dallas, Texas 75223 Date: •- • Date: "7 . C2 Kerr County Jail Inmate Commissary Service Agreement Page 4