25E - AGMT FOR COMMISSARY - Laserfiche WebLink

Home Browse Search

DocuSign Envelope ID: B170CB9D-63DF-4515-84DD-B8E33348E947 B. COMMISSARY SERVICE ARAMARK shall process orders for commissary products from inmates in accordance with ARAMARK's standard procedures. The CITY shall be responsible to collect, record and make disbursements from inmate commissary accounts for purchases of such Products; provided, however, that ARAMARK shall have access to each inmate account solely for the purpose of verifying that there are sufficient funds in such account to cover a Product order placed by such inmate, including but not limited to, any sales, use or other taxes related thereto. ARAMARK and the CITY shall jointly determine the prices at which Products shall be sold. If ARAMARK sustains increases in its costs, including but not limited to, increases in its Product, labor or equipment or software -related costs, ARAMARK may request an increase to its prices to recover such increased costs. Additionally, ARAMARK may, at its discretion perform a price audit to compare the prices at which it sells the Products contemplated by this Agreement with the prices at which similar products are being sold in retail outlets in the surrounding community ("Comparable Retail Values"). In the event that any of ARAMARK's prices are below the Comparable Retail Values, the, parties shall mutually agree in writing to increase such prices under this Agreement to reflect the Comparable Retail Values. ARAMARK shall submit to the CITY on the first day of every week, for the preceding week, an invoice for total. Gross Sales of Products made during such week, and other goods or services provided by ARAMARK during such week, if any. The term "Gross, Sales" shall mean total commissary sales (includine, but not limited to, sales of tobacco products, stamps and pre -stamped envelopes, pre -paid telephone calling cards or any other telephone sales, debit cards, and Indigent Product sales) plus any sales or use taxes. For purposes of this Agreement, a sale shall be deemed made when a Product ordered by an inmate is delivered to the CITY for subsequent delivery to the inmate, and the Product is not returned. For purposes of this Agreement, no returns will be honored, unless the inmate who ordered a Product, refuses delivery of such Product at the time such Product is delivered, or unless such inmate is released prior to such delivery, and fails to claim such Product within seventy-two (72) hours after release. ARAMARK shall forward billing to the Santa Ana Detention Facility. ARAMARK shall keep a complete and accurate record of all gross sales of merchandise records for a period of at least one year. ARAMARK shall keep all inmate sales records for at least one year after termination of this contract. All records and books kept by ARAMARK exclusively related to invoices reflecting services provided by this Agreement shall be open to inspection and audit of the CITY and its agents during normal business hours. Such records shall be kept separate and apart from any record ARAMARK maintains in connection with other business enterprises. 1. ARAMARK shall return to CITY a total commission of Forty -Five Percent (45%) of Net Sales of all products from the commissary operations at the Santa Ana Detention Facility, as set forth in the CITY's RFP and ARAMARK's Proposal. This commission shall exclude all sales of stamps and pre -stamped envelopes, pre -paid telephone calling cards or any other telephone sales, debit cards, and Indigent Products. In addition, ARAMARK shall return to the CITY a commission of 25% for "Fresh Favorites" and "Ware Fresh" net sales. "Net Sales" means total product sales, less sales or use taxes and authorized returns. 25E-7