HomeMy WebLinkAboutCONTRACT BETWEEEN AUGUSTA, GEORGIA (RCCI) AND STEWART DISTRIBUTION_ RCCI COMMISSARY OPERATION SINCE 1922
P.O. Box 1888
Waycross, GA 31502
DISTRIBUTION Phone (912)283-1970
Fax (912)285-0228
www.stewartcandy.com
R.C.C.I. — Augusta, GA Commissary Contract
THIS AGREEMENT is made and entered into this 1St , day of February 2017, (hereinafter called
the "Execution Date") by and between, Augusta, Georgia, a political subdivision of the State of
Georgia (hereinafter referred to as "Augusta", or "RCCI"), and Stewart Distribution, (hereinafter
referred to as"Stewart Distribution", or"Contractor") for Inmate Commissary Services.
ARTICLE II—CONTRACT TERM
The term of this Agreement shall be for the period of February 1, 2017 through December 31,
2020. This Agreement shall (i)terminate absolutely and without further obligation on the part of
Augusta each and every December 31st, as required by OCGA § 36-60-13, as amended, unless
terminated earlier in accordance with the termination provisions of this Agreement; (ii)
automatically renew on each January 1st, unless terminated in accordance with the termination
provisions of this Agreement; and (iii) terminate absolutely, with no further renewals, on
December 31,2020,unless extended by written amendment; (iv)Augusta may elect to renew this
Agreement up to two (2) times. Subject to the limitations of sub-parts "i", "ii", and "iii" of this
paragraph, each renewal term shall be for one (1) year.
ARTICLE III—COMMISSION/PRICING
Stewart Distribution will pay a 42.75% commission to Augusta, GA on all items purchased by
inmates through the commissary. Postage and Indigent items will be exempt from commission,as
it will be provided by Stewart Distribution as a convenience for inmates with no markup. Payment
will be issued at the first of the month for the previous month's sales.
EQUIPMENT AND SOFTWARE PROVIDED
The following will be provided by Stewart Distribution to Augusta, GA:
• 8 touch screen kiosks to facilitate inmate ordering and account activity review
• Stewart Distribution will cover the cost associated with installing the kiosks
Shipping Address: 400 Bonneyman Road,Blackshear,GA 31516 1
• Stewart Distribution will maintain and replace the kiosks for the duration of the contract
• CACTAS - state-of-the-art cashless commissary and trust fund accounting system
ARTICLE III -ADJUSTMENT,MODIFICATIONS,AND AMENDMENTS
A. Should Augusta, GA and Stewart Distribution mutually agree to change the scope of the
program during the contract term,Augusta,GA may be allowed to adjust the contract price
as mutually agreed to by the parties in writing prior to any change taking effect.
B. Changes in the contractual provisions of the services to be furnished under this contract
may be made only in writing and must be approved mutually by an authorized agent of
Stewart Distribution and Augusta, Georgia.
C. Assignments. Augusta, GA has entered into this Agreement in part because of personal
reliance in the integrity and qualifications of the staff of the Contractor. The Contractor
agrees it shall not delegate, assign, subcontract,transfer,pledge, convey,sell, or otherwise
dispose of the whole or any part of this Contract or its right,title, or interest therein to any
person, firm, or corporation without the previous written consent of Augusta. Any
attempted assignment by Contractor without prior express written approval of Augusta
shall at Augusta's sole option terminate this Agreement.
D. Subcontracting. The Contractor understands and agrees that it shall be a breach of this
Contract to subcontract any portion of the Contractor's provision of services under this
Agreement.
E. Cooperation with Augusta. Contractor shall maintain regular communications with
Augusta and shall actively cooperate in all matters pertaining to this Agreement including,
with limitation, assisting Augusta in investigating and responding to any complaints,
inspections or investigations, arising in connection with the Contractor's provision of
services under this Agreement.
F. Contract Administrator. The Warden of RCCI is designated as the Contract Administrator
of this Agreement. The Contract Administrator shall be consulted with and his written
recommendation obtained before any request for extra work is presented to the Augusta,
Georgia Board of Commissioners.
G. Should laws change requiring additional services or significant changes in the costs,
Stewart Distribution and Augusta, GA may equitably adjust the price of this agreement as
mutually agreed to in writing. If the parties are unable to agree upon said price adjustment,
either party may terminate this agreement upon(30) day written notice to the other party.
H. During the term of this contract, Stewart Distribution will furnish all of the services
specified in Augusta, Georgia's RFP #16-212 for Inmate Commissary Services. Stewart
Shipping Address: 400 Bonneyman Road,Blackshear,GA 31516 2
Distribution understands and agrees that this is a requirement contract and that Augusta,
GA will have no responsibility or obligation to Stewart Distribution in providing Stewart
Distribution's services.
I. All notices and requests by Augusta, GA or Stewart Distribution shall be in writing and
delivered by certified mail with return receipt requested to the following address which
either party may change address by giving written notice of the new address to the other
ply:
Augusta, Georgia Stewart Distribution
do Richmond County Correctional Institute P.O. Box 1888
2314 Tobacco Road Waycross, Georgia 31502
Augusta, Georgia 30906
ARTICLE IV—TERMINATION
Either party may, for its own convenience and at its sole option, without cause and without
prejudice to any other right or remedy of other party,elect to terminate this Agreement, in whole
or in part, by delivering to the address listed in the Notices article of this Agreement, a written
notice of termination specifying the effective date of termination. Such notice shall be delivered
at least thirty days (30) days prior to the effective date of termination.
All obligations cease upon Augusta's notification to Contractor. Augusta, Georgia will however
honor those obligations made in accordance with the Terms of Agreement, which were made in
good faith prior to such written notification.
Upon termination, all finished or unfinished documents, data, and reports prepared by the
Contractor in accordance with this Agreement shall become the property of Augusta, Georgia.
Augusta shall promptly pay the Contractor for all services performed to the effective date of
termination provided that the Contractor submits to Augusta properly computed invoices no later
than thirty(30)days after the effective date of termination.
ARTICLE V-COMMISSARY SERVICES
A. Stewart Distribution shall furnish all goods, supplies, supervision, transport materials and
transportation to provide commissary and accounting services for the inmate commissary.
B. Stewart Distribution shall provide a variety of products to be sold through commissary to
meet the needs of the inmate population. All products offered for sale to the inmates must
be approved in advance by Augusta,GA.
This must be done prior to offering on the commissary menu and this includes any
substitutes that may be offered throughout the agreement. Products offered should include
Shipping Address: 400 Bonneyman Road,Blackshear,GA 31516 3
brand name items, where applicable. No items packed in metal or glass containers will be
sold. Any product containing alcohol is prohibited for sale by the Commissary.
C. Any pricing increases on any item must be approved in advance by Augusta, Georgia.
D. Inmates shall be given the opportunity to order commissary on a weekly basis.
E. Orders shall be processed and delivered to the inmates on a schedule approved by the
Warden.
F. The commissary orders shall be placed using inmate kiosks. Augusta, GA shall not be
responsible for manual order entry.
G. All orders shall be packed in plastic bags, which are then sealed. All orders shall contain a
two-part receipt; receipts shall have a designated area for inmate signature and shall
contain: an itemized list of goods sold with price for each, ending balance,receipt number.
H. All food items shall be date stamped and follow all health and industry standards for handling.
I. Stewart Distribution is responsible for all sales, use, excise, business and/or income
taxes applicable to the commissary operations.
J. Augusta, Georgia reserves the right to disapprove any product for distribution to inmates.
ARTICLE VI-INSURANCE REQUIREMENTS
1. Insurance coverage shall be carried with an insurance company Iicensed to conduct
business in the State of Georgia in accordance with the requirements of RFP 16-212.
2. Insurance shall be obtained prior to commencement of work and shall remain in force
throughout the entire period of the contract. Augusta, GA shall be named as an
additional insured on the policy.
3. Stewart Distribution is responsible for all deductibles.
4. Contractor shall be obligated to notify Augusta of any disruptions of services and
shall make no diversion without notifying Augusta.
Certificates of Insurance
Certificates shall state that the policy or policies shall not expire,be cancelled or
altered without at least sixty(60)days prior written notice to Augusta.
Shipping Address: 400 Bonneyman Road,Blackshear,GA 31516 4
This insurance for Augusta as the additional named insured shall be as broad as
the coverage provided for the named-insured Contractor. It shall apply as
primary insurance before any other insurance or self-insurance, including any
deductible,non-contributory, and waiver of subrogation provided to Augusta as
the additional named insured.
Such certificates shall be sent to Augusta, Georgia and must identify the
"Certificate Holder" as follows:
Augusta,Georgia
Division ofRisk Management
535 Telfair Street, Suite 920
Augusta, Georgia 30901
R.C.C.I. - Augusta, GA Inmate commissary services agreed to herein will be provided at the
following location:
R.C.C.I.—Augusta, GA
2314 Tobacco Rd.
Augusta, GA 30906
ARTICLE VII-MISCELLANEOUS
A. Right of Inspection. Augusta shall have the right,at its sole discretion to inspect and review
the services provided by Contractor hereunder to determine their acceptability. Augusta
shall also have the right to review all of Contractor's records pertaining to this Agreement
and Contractor agrees to properly maintain its records so as to allow Augusta to audit as
may be required by law. Contractor shall make such records available to Augusta officials
within seventy-two (72)hours written request.
B. Hold Harmless. Except as otherwise provided in this Agreement, Contractor shall
indemnify and hold harmless Augusta,GA,and its employees and agents from and against
all liabilities, claims, suits,demands, damages, losses,and expenses, including reasonable
defense attorneys' fees, to the extent caused by the negligent performance of Contractor's
Work.
C. Georgia Laws Govern. This Agreement shall be governed by and construed and enforced
in accordance with the laws of the State of Georgia.
D. Venue. This Agreement shall be deemed to have been made and performed in Augusta,
Georgia. For the purpose of venue, all suits or causes of action arising out of this
Agreement shall be brought in the Superior Court of Richmond County, Georgia.
Shipping Address: 400 Bonneyman Road,Blackshear,GA 31516 5
Contractor,by executing this Agreement,specifically consents to jurisdiction and venue in
Richmond County and waives any right to contest the jurisdiction and venue in the Superior
Court of Richmond County, Georgia.
E. Assignments. Augusta has entered into this Agreement in part on the basis of personal
reliance in the integrity and qualifications of Contractor. Contractor agrees it shall not
delegate, assign, subcontract, transfer, pledge, convey, sell, or otherwise dispose of the
whole or any part of this Agreement or its right,title,or interest therein to any person,firm,
or corporation without the previous written consent of Augusta. Any attempted assignment
by Contractor without prior express written approval of Augusta shall at Augusta's sole
option terminate this Agreement.
F. Licenses,Permits and Certifications. Contractor hereby warrants and represents that at all
times during the term of this Agreement it shall maintain in good standing all required
licenses,certifications, and permits required under federal, state and local laws.
G. Waiver. The waiver by either party of any failure on the part of the other party to perform
in accordance with any of the terms or conditions of this Agreement shall not be construed
as a waiver of any future or continuing similar or dissimilar failure.
H. Severability. In the event any provision of this Agreement is held to be unenforceable for
any reason,the remainder of the Agreement shall be in full force and effect and enforceable
in accordance with its terms.
L No Conflict. Contractor represents and warrants that it presently has no interest, direct or
indirect, and covenants and agrees that it will not, during the term of this Agreement,
acquire any interest,direct or indirect that would conflict in any manner or degree with the
performance of its duties and obligations hereunder. Contractor further covenants and
agrees for itself, its agents, employees, directors and officers to comply fully with the
provisions of the Official Code of Georgia(OCGA§§45-10-20 et seq.)and the provisions
of the Augusta, Georgia Code of Ethics governing conflicts of interest of persons doing
business with Augusta, as such provisions now exist and may be amended hereafter.
Contractor represents and warrants that such provisions are not and will not be violated by
the Agreement or its performance hereunder.
J. Compliance with Applicable Laws. The Contractor's attention is directed to the fact that
all applicable federal, state, and county laws, municipal ordinances, and the rules and
regulations of all authorities having jurisdiction over this type of service shall apply to the
Agreement throughout, and they will be deemed to be included in the Agreement the same
as though herein written out in full.
Shipping Address: 400 Bonneyman Road,Blackshear,GA 31516 6
K. Georgia Open Records Act. Contractor shall comply with the Georgia Open Records Act,
OCGA § 50-18-70 et seq.
L. Judicial Interpretation. The law of the State of Georgia shall govern the construction of
this Agreement. Should any provision of this Agreement require judicial interpretation, it
is agreed that the court interpreting or construing the same shall not apply a presumption
that the terms hereof shall be more strictly construed against one party by reason of the rule
of construction that a document is to be construed more strictly against the party who itself
or through its agent prepared same, it being agreed that the agents of all parties have
participated in the preparation hereof and all parties have had an adequate opportunity to
consult with legal counsel. In interpreting this Contract in its entirety, the printed
provisions of this Contract and any additions written or typed hereon shall be given equal
weight,and there shall be no inference,by operation of law or otherwise,that any provision
of this Contract shall be construed against either party hereto.
M. Modification. Contractor acknowledges that this Agreement and any changes to it by
amendment, modification, change order or other similar document may have required or
may require the legislative authorization of the Board of Commissioners and approval of
the Mayor.
N. Sole Agreement. This Agreement constitutes the sole agreement between the parties. No
representations oral or written not incorporated herein shall be binding upon the parties.
No amendment or modifications of this Agreement shall be enforceable unless approval by
action of Augusta.
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Shipping Address: 400 Bonneyman Road,Blackshear,GA 31516 7
IN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year first above
written or have caused this Lease to be executed by their respective officers thereunto duly
authorized.
Signed, sealed and delivered in the presence of:
STEWART DISTRIBUTION AUGUSTA, GEORGIA
By: �
By: e" ��" b HARDIE DAVIS, ., MAYOR
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Shipping Address: 400 Bonneyman Road,Blackshear,GA 31516 8