HomeMy WebLinkAbout20110798.tiff Amendment No. 5 to Operating Agreement
THIS AMENDMENT No. 5, is entered into this i.3.1/-day of lfl ,rck, , 2011 by and between the
County of Weld, a political subdivision of Weld County Clerk to the Board of the State of Colorado, Colorado
("County"), and ARAMARK Correctional Services, LLC, a Delaware limited liability company with offices
at the ARAMARK Tower, 1101 Market Street, Philadelphia, Pennsylvania 19107, ("ARAMARK").
WITNESSETH:
WHEREAS, on January 8, 2007 the parties entered into an Agreement for the management of the food
service operation at the Weld County North Jail Complex and Centennial Residential Work Release Facility(as
amended the"Agreement"); and
WHEREAS, the parties desire to amend the Agreement as hereinafter set forth, effective January 1,
2011.
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises in the Agreement
and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as set forth below. Capitalized terms used but not defined in this Amendment have the
meanings ascribed to such terms in the Agreement.
1. Financial Commitment: The Financial Commitment language set forth in Amendment #4, is hereby
deleted in its entirety and replaced with the following:
"In consideration of County's agreement to extend the term of this Agreement for one year, and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
ARAMARK shall make a financial commitment to County in an amount up to $25,000 (the "Financial
Commitment). County shall invest the Financial Commitment in the purchase and installation of
kitchen equipment associated with the food service program on County's premises. Any equipment
purchased by ARAMARK on County's behalf shall be purchases as a "sale for resale" to the County.
County shall hold title to all such equipment (with the exception of those items which bear the name
ARAMARK, its logo, or any of its logo, service marks or trademarks or any logo, service trade marks or
trademarks of a third party) upon such resale. The County acknowledges it is a tax-exempt entity and
will provide ARAMARK with a copy of the appropriate tax-exempt certificate. The Financial
Commitment shall be amortized on a straight-line basis over a period of one year commencing on
January 1, 2011 and continuing through December 31, 2011. Any portion of the Financial Commitment
that is not expended by the County by the termination or expiration of the Agreement shall revert to
Contractor."
2. Except as specifically set forth herein, all other terms and provisions of the Agreement shall remain
unaffected by this Amendment and continue in full force and effect
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 5 to be signed by their duly
authorized representatives the day and year first written above.
ARAMARK Correctional Services,LLC County of Weld
Board of County Commissioners
BY: .O
David Kimmel
Vice President, Finance ^ ''.�I arbara Kirkm yer (0 /23/2011)
tJ Clerk to the Boa
l 0Y1axirvt OPAL 3-23-aail C.,,.,;s ,
4 y 112/ZJ(it, , 6,(4 7 317277.1
..- Deputy Cler fo the Board dk)//-07n
So OO32_
copy
Pp:G(1,u,,
Amendment No.4 to Operating Agreement
lg
THIS AMENDMENT No. 4, is entered into this, day of, 1f11ber,2010 by and between the
County of Weld, a political subdivision of Weld County Clerk to the Board of the State of Colorado,Colorado
("County"), and ARAMARK Correctional Services, LLC, a Delaware limited liability company with offices
at the ARAMARK Tower, 1101 Market Street, Philadelphia, Pennsylvania 19107, ("ARAMARK").
WITNESSETH:
WHEREAS,on January 8.2007 the parties entered into an Agreement for the management of the food
service operation at the Weld County North Jail Complex and Centennial Residential Work Release Facility(as
amended the"Agreement"); and
WHEREAS, the parties desire to amend the Agreement as hereinafter set forth, effective January I,
2011,
NOW,THEREFORE, in consideration of the foregoing and of the mutual promises in the Agreement
and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as set forth in this Amendment have the
meanings ascribed to such term
EU
-L .
Z. Term: Both parties a _ r ,�5 �� , tewed for a one year period,
effective from January 1,20111
'°`c .
2. Price Adjustment: In T L-x - -I £ ?4i' ' LT�'N .to the Agreement,the parties
agree that the price per meal ch �t' Tfl C-'' i ��� as set forth on Attachment A
as a result of changes in the 1 icUf1t, - • J-4; 6D
g �fl� fective from January 1, 2011
rough December 31, 2011, an ry yr � V i SNP "Tl-k a I set forth in prior agreements
and amendments between the p: E r,non
--pc_1C CO o c)
e ethocding the Category
\'eiehti Release:
percentages ascribe( f- �' N -f/� �f accepteduby the parties. By
their execution of this Amendm I all claims it may have based
upon or arising out of any suci "≤t 2- -VA) .D sed to calculate the price per
meal as set forth in this Amend uit or proceeding challenging
such methodology or calculatior..
4. Financial Commitment: In consideration of County's agreement to extend the term of this Agreement
for one year, and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, ARAMARK shall make a financial commitment to County in an amount up to $25,000 (the
"Financial Commitment). County shall invest the Financial Commitment in the purchase and installation of
kitchen equipment associated with the food service program on County's premises. Any equipment purchased by
ARAMARK on County's behalf shall be purchased as a "sale-for resale"to the County. County shall hold title
to all such equipment upon such resale. County acknowledges that it is a tax-exempt entity and will provide
ARAMARK with a copy of the appropriate tax-exempt certificate. The Financial Commitment shall be
amortized on a straight-line basis over a period of one year, commencing upon the complete expenditure of the
Financial Commitment. Upon expiration or termination of this Agreement by either party for any reason
whatsoever prior to the complete amortization of the Financial Commitment, County shall reimburse
ARAMARK for the unamortized balance of the Financial Commitment as of the date of expiration or
termination plus all accrued but unbilled interest as of the date of expiration or termination. Such interest shall
accrue from the date the Financial Commitment was finalized at the Prime Rate plus two percentage points per
annum, computed each Accounting Period on the declining balance. In the event such amounts owing to
1AMARK are not paid to ARAMARK within 30 days of expiration or termination, County agrees to pay
interest on such amounts at the Prime Rate plus two percentage points per annum, compounded monthly from
286135v 1i 34342
Hello