HomeMy WebLinkAbout20102197 Amendment No.4 to Operating Agreement
THIS AMENDMENT No. 4, is entered into this 00,1—day of .,D/km &'r,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 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. Term: Both parties agree that the term of the Agreement shall be renewed for a one year period,
effective from January 1,2011 through December 31,2011.
2. Price Adjustment: In accordance with Paragraph 3 of Amendment No. 2 to the Agreement,the parties
agree that the price per meal charged to County by ARAMARK shall be changed as set forth on Attachment A
as a result of changes in the Market Basket of Products. This price shall be effective from January 1, 2011
through December 31, 2011, and shall supersede in ail respects the price per meal set forth in prior agreements
and amendments between the parties.
3. Release: The methodology used to determine the price increase above, including the Category
Weighting percentages ascribed to each Menu Category, has been reviewed and accepted by the parties. By
their execution of this Amendment, each party hereby waives and releases any and all claims it may have based
upon or arising out of any such methodology (including the elements thereof) used to calculate the price per
meal as set forth in this Amendment, and further agrees not to bring any action, suit or proceeding challenging
such methodology or calculation.
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
ARAMARK 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
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1.O 2010-2197
the date of expiration or termination, until the date paid. The right of ARAMARK to charge interest for late
payment shall not be construed as a waiver of ARAMARK's right to receive payment of invoices within 30 days
of the invoice date.
5. 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. 4 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:
David Kimmel By.
Vice President, Finance Dougl Rade acher, Chair
SEP 2 0 2010
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Attachment A
Weld County Pricing
Greeley, Colorado
Effective January 1,2011 through December 31,2011
Number of Inmate and Price per meal*
Staff Meals
500—549 $1.101
550—599 $1.059
600—649* $1.059
650 - 699 $1.032
700- 749 $1.012
750 and above $0.988
*The total number of inmate and staff meals served per week is divided by 21 in order to determine the price
point on the sliding scale.
*Note: At 600 and above inmate population level, ARAMARK will replace an hourly position with a
management position to insure seven days per week management coverage.
North Jail Complex Snack $1.059
Centennial Residential $3.557
Work Release Facility
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