Legislation Details

File #: 14196   
Type: Consent Status: Agenda Ready
File created: 5/12/2026 Department: Sheriff/Coroner/Public Administrator
On agenda: 5/19/2026 Final action:
Subject: Amendment to Contract with Aramark Correctional Services, LLC, for Commissary Services to County Detention Facilities
Attachments: 1. CON-SHERIFF-05-19-2026 Amendment to Contract with Aramark for Commissary Services AGR16-913 A7
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REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS

OF SAN BERNARDINO COUNTY

AND RECORD OF ACTION

 

                                          May 19, 2026

 

FROM

SHANNON D. DICUS, Sheriff/Coroner/Public Administrator 

         

SUBJECT                      

Title                     

Amendment to Contract with Aramark Correctional Services, LLC, for Commissary Services to County Detention Facilities

End

 

RECOMMENDATION(S)

Recommendation

Approve Amendment No. 7 to Contract No. 16-913 with Aramark Correctional Services, LLC, including a non-standard term, for the provision of commissary services to County detention facilities, at no cost to the County, extending the term by six months, for a new total contract term of December 6, 2016 through December 5, 2026.

(Presenter: Carolina Mendoza, Chief Deputy Director, 387-0640)

Body

 

COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES

Operate in a Fiscally-Responsible and Business-Like Manner.

Provide for the Safety, Health and Social Service Needs of County Residents.

 

FINANCIAL IMPACT

Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The commissary services are provided at no cost to the County. Revenue generated from this contract - based on a 38% commission of sales or a Minimum Annual Guarantee (MAG) of $2,750,000, whichever is greater - funds the cost of service and provides revenue to the Sheriff/Coroner/Public Administrator’s (Department) Inmate Welfare Fund (4420005167) in accordance with Penal Code section 4025, subdivision (a).

 

BACKGROUND INFORMATION

Penal Code section 4025, subdivision (a) establishes the authority for the Department to provide commissary services to inmates housed at the County’s detention facilities. Through these services, inmates and their families and friends can purchase personal care and food items. A percentage of the sales is deposited into the Inmate Welfare Fund to provide educational, vocational, and life skills programs for inmates.

 

On December 6, 2016 (Item No. 69), resulting from a competitive bid process, the Board of Supervisors (Board) awarded Contract No. 16-913 (Contract) to Aramark Correctional Services, LLC (Aramark), to provide commissary services for the period of December 6, 2016, through February 5, 2022, with the option to extend the term for two one-year periods or one two-year period.

 

On July 23, 2019 (Item No. 44), the Board approved Amendment No. 1 to the Contract with Aramark. This amendment removed the cost of indigent kits to the County, removed the transactional internet cost from the computation of commissionable revenue, revised the termination date to coincide with the last day of the month (February 28, 2022) to allow for simpler computations of commission (MAG) and a more logical start date in case of transition between vendors, formalized the rectification process, and revised the “Schedule of Commissary Deposits and iCare Package Service - Handling Fees” to reflect these changes.

 

On February 8, 2022 (Item No. 56), the Board approved Amendment No. 2 to the Contract with Aramark. This amendment extended the term of the Contract for a period of two years, for a new total contract term of December 6, 2016, through February 29, 2024.

 

On February 27, 2024 (Item No. 54), the Board approved Amendment No. 3 to the Contract with Aramark. This amendment extended the term of the Contract for a period of three months, for a new total contract term of December 6, 2016, through May 31, 2024, allowing for completion of a new procurement process.

 

On May 21, 2024 (Item No. 91), the Board approved Amendment No. 4 to the Contract with Aramark. This amendment extended the term of the Contract for a period of six months, for a new total contract term of December 6, 2016, through November 30, 2024. Additionally, due to the reduction in the average daily inmate population housed at the County’s detention centers, the Department and Aramark negotiated a reduction of the sales commission rate from 43% to 38%, to take effect during the Contract’s extension period.

 

On November 5, 2024 (Item No. 48), the Board approved Amendment No. 5 to the Contract with Aramark. This amendment extended the term of the Contract for a period of six months, for a new total contract term of December 6, 2016, through May 31, 2025, maintaining the approved sales commission of 38%.

 

On May 6, 2025 (Item No. 41), the Board approved Amendment No. 6 to the Contract with Aramark. This amendment extended the term of the Contract for a period of one year, for a new total contract term of December 6, 2016, through May 31, 2026, maintaining the approved sales commission of 38%.

 

Extension of the term of the Contract through December 5, 2026 is required because of an unanticipated termination of a different contract for commissary services the County had entered into with another vendor, which was Board-approved on December 17, 2024 (Item No. 94) as a result of a competitive process (Request for Proposal (RFP) No. SHR123-ADMSR-4897).  That vendor encountered difficulties complying with the requirements of that contract, resulting in its termination.  Extending the existing Contract with Aramark allows for commissary services to continue uninterrupted while the County negotiates a new contract with Aramark.  Negotiations were initiated and have been ongoing since March 2026 with Aramark, as they are the second of the two responsive vendors to the RFP process mentioned above.

 

The negotiated amendment to the contract with Aramark contains the following non-standard contract term that differs from the standard County contract language:

 

1.                     The total Contract term is ten years.

                     The County’s standard contract term is five years, including any extensions.

                     Potential Impact:  Not extending the Contract term while the parties negotiate the terms of a new contract will result in commissary services stopping at all of the County’s detention facilities after May 31, 2026, and the County’s loss of commissary services revenue. 

 

While this is a notable exception to the County’s standard contract language, the Department recommends approval of Amendment No. 7 with Aramark through December 5, 2026. The Department believes the contract extension is in the best interest of the County in order to preserve services and revenue while the parties complete negotiations for a new commissary services contract.

 

Either party may terminate the contract upon ninety (90) days’ advance written notice. County Counsel has reviewed and provided input on the Amendment.

 

PROCUREMENT

The Purchasing Department concurs that justification exists to extend the current contract allowing for uninterrupted services. County Policy 11-04 requires that contracts exceeding a five-year term must be approved by the Board.

 

REVIEW BY OTHERS

This item has been reviewed by County Counsel (Grace B. Parsons, Deputy County Counsel, 387-5455) on April 15, 2026; Purchasing (Jason Cloninger, Lead Buyer, 387-0321) on April 15, 2026; County Finance and Admin (Erika Rodarte, Administrative Analyst, 387-4919) on April 28, 2026.