HomeMy WebLinkAboutR-1996-069 Revised agreement / Swanson Inmate Commissary ServicesrRESOLUTION NO. R-96- 69
A RESOLUTION authorizing the City Manager and the City Clerk of the City of
Yakima to execute a revised agreement with Swanson Inmate
Commissary Services, Inc. to provide inmate commissary services
at the Yakima City Detention Facility.
WHEREAS, the City owns and operates the Yakima City Detention Facility
located at the Police Station/Legal Center, 200 South Third Street, Yakima,
Washington, and
WHEREAS, the City desires inmate commissary services; and
WHEREAS, Swanson has the experience and expertise necessary to provide said
inmate commissary services and agrees to perform these services for the City under
the terms and conditions set forth in the attached Agreement; and
WHEREAS, on May 7, 1996, the Yakima City Council authorized execution of a
commissary services contract with Swanson Inmate Commissary Services, Inc
("Swanson"), and
WHEREAS, Swanson has requested that said Commissary Services Agreement be
revised, and
WHEREAS, the City Council deems it to be in the best interest of the City of
al.ima to contract with Swanson Inmate Commissary Services, Inc for inmate
commissar.) services in accordance with the attached revised Commissary Services
Agreement, novo, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA.
The Cit) Manager and City Clerk are hereby authorized and directed to execute
the attached and incorporated "Swanson Inmate Commissary Services, Inc. Overnite
Commissarysm Service Agreement."
ADOPTED BY THE CITY COUNCIL this day of
ATTEST
Kam,... ,d
City Clerk
•
, 1996
Lynn Buchanan, Mayor
SWANSON INMATE COMMISSARY SERVICES, INC.
OVERNITE COMMISSARY SERVICE AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of
Yakima (hereafter the "City"), and Swanson Inmate Commissary Services, Inc.,
a Florida corporation (hereafter "Swanson").
WHEREAS, the City owns and operates the Yakima City Detention
Facility (hereafter the "Detention Facility") located at the Police Station/Legal
Center, 200 South Third Street, Yakima, Washington.
WHEREAS, the City desires inmate commissary services.
WHEREAS, Swanson has the experience and expertise necessary to
provide said inmate commissary services and agrees to perform these services
for the City under the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and
Swanson as follows:
1. Commissary Grant. The City grants unto Swanson the exclusive right
to sell commissary products to inmates at the Detention Facility.
2. Scope of Services. Swanson agrees to provide the following services and
items to the City:
a. Swanson will purchase and maintain at high standards of quality,
such mutually agreed number and type of commissary inventory
items/products at mutually agreed locations for the sales of food
products, non-alcoholic beverages, tobacco products, and other such
articles to inmates at the Detention Facility and will keep the inventory
adequately serviced and supplied with appropriate merchandise in good
quality. The City will reimburse Swanson for the provision of said
products on a weekly basis.
b. Swanson shall provide the City with Swanson's Overnite
Commissarysm software and all equipment/hardware necessary to
operate said software system. Swanson shall install said software and
corresponding equipment/hardware at the Detention Facility.
3. Swanson's Title to the Software and Hardware.
a. All software installed by Swanson pursuant to this Agreement is
proprietary, copyrighted, and a patent application filed with regard to,
not only the software, but also the operating technology involved in
Swanson's Overnite Commissarysm Service. This software and
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technology, shall at all times, remain the property of Swanson, with title
and all rights vested in Swanson. The City shall have no property
interest in said software and technology and shall at all times protect
such software and technology from copying, removal, tampering with, or
disclosure to other persons or companies, without the express written
consent of Swanson.
b. All hardware installed by Swanson shall remain the properly of
Swanson, unless purchased by the City.
c. All maintenance, repair, or replacement of hardware shall be the
responsibility of Swanson.
4. Commissary Products. All commissary products sold to inmates by
Swanson pursuant to this Agreement must be approved in advance by the City.
At any time during this Agreement, the City has the right to disapprove any
commissary product that Swanson is selling and require that Swanson
immediately stop selling said product to inmates.
5. Product Pricing. The price and all subsequent price changes (increase
or decrease) of all commissary products to be offered for sale under this
Agreement must be approved in advance by the City.
6. Inspection of Records. All records shall be kept on file by Swanson for
a period of three (3) years from the date the record is made, and Swanson shall,
upon reasonable notice, give the City or its authorized representative the
privilege, at a reasonable time, of inspecting, examining, and auditing, during
normal business hours, such of Swanson's business records which are related
to Swanson's performance or nonperformance of this Agreement. The cost of
such inspection, examination, and audit will be at the sole expense of the City,
and such inspection, examination, and audit shall be conducted at the Yakima
City Police Station/Legal Center.
7. Term. The term of this Agreement shall commence on the date of
execution of this Agreement and terminate three (3) years after the date of
execution.
8. Status of Swanson. Swanson and the City understand and expressly
agree that Swanson is an independent contractor in the performance of each
and every part of this Agreement. Swanson and its employees shall make no
claim of City employment nor shall claim against the City any related
employment benefits, social security, and/or retirement.
9. Taxes and Assessments. Swanson shall be solely responsible for
compensating its employees and for paying all related taxes, deductions, and
assessments, including but not limited to, federal income tax, FICA, social
security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against
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either party as a result of this Agreement; provided, however, that the City shall
be responsible for any sales taxes which may be levied against its commissary
sales under this Agreement. In the event the City is assessed a tax or
assessment as a result of this Agreement, Swanson shall pay the same before it
becomes due.
10. Nondiscrimination Provision. During the performance of this
Agreement, Swanson shall not discriminate on the basis off race, age, color, sex,
religion, national origin, creed, marital status, political affiliation, or the
presence of any sensory, mental or physical handicap. This provision shall
include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment, advertising, layoff or termination, rates of pay or other
forms of compensation, and selection for training.
11. Compliance With Law. Swanson agrees to perform those services under
and pursuant to this Agreement in full compliance with any and all applicable
laws, rules, and regulations adopted or promulgated by any governmental
agency or regulatory body, whether federal, state, local, or otherwise.
12. No Insurance. It is understood the City does not maintain liability
insurance for Swanson and/or its employees.
13. Indemnification and Hold Harmless. Swanson agrees to protect,
defend, indemnify, and hold harmless the City, its elected officials, agents,
officers, and employees from any and all claims, demands, losses, liens,
liabilities, penalties, fines, lawsuits, and other proceedings and all judgments,
awards, costs and expenses (including attorneys' fees and disbursements)
resulting from Swanson's performance and/or non-performance of this
Agreement. Swanson's defense, indemnification, and hold harmless obligation
stated herein is dependent upon the City notifying Swanson in writing of any
such claims or lawsuits against Swanson and/or the City within thirty (30)
days after the date the City first receives notice of such claim or lawsuit.
14. Insurance. On or before the effective date of this Agreement, Swanson
shall provide the City proof of liability insurance in the amount of One Million
Dollars ($1,000,000.00), that clearly states who the provider is, the amount of
coverage, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Agreement. The
policy shall name the City, its elected officials, officers, agents, and employees
as additional insured.
15. Excused Performance. In case performance of any terms or provisions
hereof shall be delayed or prevented because of compliance with any law,
decree, or order of any governmental agency or authority, either local, state, or
federal, or because of riots, war, public disturbances, strikes, lockouts,
differences with workmen, fires, floods, acts of God, or any other reason
whatsoever which is not within the control of the party whose performance is
interfered with and which, by the exercise of reasonable diligence said party is
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unable to prevent, the party so suffering may at its option suspend, without
liability, the performance of its obligations hereunder during the period of such
suspension of performance of duties hereunder.
16. Termination. The City or Swanson may terminate this Agreement, with
or without cause, by giving the other party ten (10) days written notice of
termination. Upon termination or expiration of this Agreement, Swanson shall,
as soon thereafter as is feasible, remove,ats software and hardware.
17. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part by Swanson
to any other person or entity without the prior written consent of the City. In
the event that such prior written consent to an assignment is granted, then the
assignee shall assume all duties, obligations, and liabilities of Swanson stated
herein.
18. Severability. If any portion of this Agreement is changed per mutual
agreement or any portion is held invalid, the remainder of the Agreement shall
remain in full force and effect.
19. Integration. This written document constitutes the entire agreement
between the City and Swanson. There are no other oral or written Agreements
between the parties as to the subjects covered herein. No changes or additions
to this Agreement shall be valid or binding upon either party unless such
change or addition be in writing and executed by both parties.
20. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties to their addresses as follows:
TO CITY:
TO SWANSON:
City Manager
Yakima City Hall
129 North Second Street
Yakima, WA 98901
Swanson Inmate Commissary Services, Inc.
P.O. Box 4627
Sarasota, FL 34230
or to such other addresses as the parties may hereafter designate in writing.
Notices and/or demands shall be sent by registered or certified mail, postage
prepaid. Such notices shall be deemed effective when mailed or hand delivered
at the addresses specified above.
21. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
22. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
By:
Dick Zais, City Manager
DATE: ,.,.J l.K c i 1.1-1 9 9 to
ATTEST:
City Clerk
City Contract No. 9)6 -5Y
96-6%
STATE OF WASHINGTON )
:ss.
County of Yakuna
SWANSON INMATE COMMISSARY
SERVICES, INC., a Florida
Corporation
I c rtify that I know or have satisfactory evidence that
��7l /�� keri c -r is the person who appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she
was auth • rized to execute the instrument and acknowledged it as the
r' ' i r C of Swanson Inmate Commissary Services, Inc., a Florida
c rporation, to be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED: 22 goz-y /276
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1 b)agr mammon ln..ce].p.
NOTARY PUBLIC in and for the State of
Washington, residing at for/the
/,,14, o e
My commission expires: / A421," /9.2C.• .
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of
11
Tune 4. 1996
ITEM TITLE: Consideration of a resolution amending a services agreement with
Swanson Inmate Commissary Services, Inc. and the City of Yakima to provide inmate
commissary services at the Yakima City Detention Facility.
SUBMITTED BY: Chief Don Blesio
Capt. Pete Adkins
CONTACT PERSON/TELEPHONE: Chief Blesio/575-621
Capt. Pete Adkins/575-6294
SUMMARY EXPLANATION: On May 7, 1996, the Yakima City Council authorized a
services agreement with Swanson Inmate Commissary Services, Inc. to provide inmate
commissary services at the Yakima City Detention Facility. Swanson is requesting that
the contract be revised to provide the following:
1. That the City reimburse Swanson for the provision of commissary
products on a weekly basis.
That the City be responsible for sales taxes on the sale of commissary
products to inmates under the agreement.
3. That the indemnification clause in the agreement be contingent upon the
City notifying Swanson within thirty (30) days after receipt of a claim.
These requested revisions have been incorporated into the attached commissary
services agreement. The Police Department requests that the City Council approve the
agreement as revised.
Resolution X Ordinance Contract X Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL: _=,
City Manager
STAFF RECOMMENDATION: It is recommended the Council adopt the resolution
authorizing revision of this agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
I ..9.ne.i.v.n.on ani..[. pn
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. i
For Meeting of May 7. 1996
ITEM TITLE: Consideration of a Resolution Authorizing a Services Agreement with
Swanson's Inmate Commissary Services Inc., and the City of Yakima
to Provide Inmate Commissary Services at the Yakima City Detention
Facility.
SUBMITTED BY: Chief Don Blesio
Capt. Pete Adkins
CONTACT PERSON/TELEPHONE: Chief Blesi1 575-6211
Capt. Pete Adkins - 575-6294
SUMMARY EXPLANATION:
The Yakima City Detention Facility needs an inmate banking system. Commissary
services are used in most detention facilities as an inmate management tool. Numerous
other detention facilities throughout the state have been contacted regarding commissary
services. Swanson's Inmate Commissary Services, Inc., appears to be the only private
commissary service that can provide the necessary computer hardware and software
equipment necessary to manage the inmate banking system. The proposed system will
provide various services for inmate banking including, deposits, cash withdrawals, fees
for services and cost recovery. There is no cost to the City for this service. Swanson's
will derive their profit from the sale of commissary items. It is anticipated the City will
receive an estimated $300 per month revenue due to an added percentage .on the
commissary items.
Resolution X Ordinance Contract Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL: --�
City Manager
STAFF RECOMMENDATION: It is recommended the Council enact the resolution
authorizing execution of this agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
YARIMA POLICE DEPARTMENT
INTER-OFFICE EE)
April 24, 1996
TO: Chief Blesior✓
FROM: Captain Adkins
SUBJECT: Inmate Commissary
We are in need of a complete inmate banking system capable of handling all
transactions dealing with inmate funds.
Inmate commissary service is provided in all the jail facilities we have contacted.
This service is provided by the facility itself or contracted out.
Providing this service ourselves will would allow us to keep all the profits from
inmate commissary, however we would have to purchase and store the items.
Contracting with Swanson's for this service will still provide for some profit from
commissary items, however it will also provide us with a complete banking system
including computer hardware and software at no extra charge. This System will
allow us to handle new accounts, reopening accounts, deposits of cash or money
orders, checks, withdrawals, commissary, fee for service and cost recovery for such
things as home detention and medical services. This system would provide us with
a complete banking system capable of meeting our needs at no additional cost to the
City.
Swanson's provides this service to many facilities. The following regional facilities
were contacted to help us assess this program, all those contacted were satisfied with
Swanson's and will continue to contract with them in the future.
Lewis County Jail, Chief deputy Mike O'Neal
Benton County Jail, Captain Bernie Freeman
Island County Jail, Steve Timm
Kittitas County Jail, Chief Jan Tweety
An inmate banking service needs to be established as soon as possible to meet our
banking needs. It is my recommendation that we contract with Swanson's for this
service as it would have the least impact on our limited jail staff.
RESOLUTION NO. R-96- 59
A RESOLUTION authorizing the City Manager and the City Clerk of the City of
Yakima to execute an agreement with Swanson Inmate Commissary
Services, Inc. to provide inmate commissary services at the Yakima
City Detention Facility.
WHEREAS, the City owns and operates the Yakima City Detention Facility
located at the Police Station/Legal Center, 200 South Third Street, Yakima,
Washington; and
WHEREAS, the City desires inmate commissary services; and
WHEREAS, Swanson has the experience and expertise necessary to provide said
inmate commissary services and agrees to perform these services for the City under
the terms and conditions set forth in the attached Agreement; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to contract with Swanson Inmate Commissary Services, Inc. for inmate
commissary services, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute
the attached and incorporated "Swanson Inmate Commissary Services, Inc. Overnite
Commissarysm Service Agreement."
ADOPTED BY THE CITY COUNCIL this 7th day of Mav , 1996.
ATTEST:
"
City Clerk
nn Buchanan, Mayor