REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
February 8, 2022
FROM
SHANNON D. DICUS, Sheriff/Coroner/Public Administrator
SUBJECT
Title
Amendment to Contract with Aramark Correctional Services, LLC for the Provision of Commissary Services to County Detention Facilities
End
RECOMMENDATION(S)
Recommendation
Approve Amendment No. 2 to Contract No. 16-913 with Aramark Correctional Services, LLC for the provision of commissary services to County detention facilities, at no cost to the County, exercising the option to extend the term by two years, for a new total contract term of December 6, 2016 through February 29, 2024.
(Presenter: John Ades, Deputy Chief, 387-3760)
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 43% 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 §4025(a).
BACKGROUND INFORMATION
California Penal Code §4025(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 process, the Board of Supervisors (Board) awarded Contract No. 16-913 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 Contract No. 16-913 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.
PROCUREMENT
On December 15, 2021, the Department received Aramark’s confirmation to extend the contract for the provision of commissary services exercising the available two-year option to extend the term from March 1, 2022 through February 29, 2024.
Based on Aramark’s satisfactory performance, the Department recommends approval of the proposed amendment to allow for uninterrupted commissary services to County detention facilities exercising the two-year option to extend the term. Either party may terminate the agreement upon 180-days advance written notice.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Richard D. Luczak, Deputy County Counsel, 387-5455) on December 21, 2021; Purchasing (Michael Candelaria, Lead Buyer, 387-0321) on December 21, 2021; Finance (Carolina Mendoza, Administrative Analyst, 387-0294) on January 19, 2022; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on January 21, 2022.