HomeMy WebLinkAbout20093020.tiffAmendment No. 3 to Operating Agreement
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THIS AMENDMENT No. 3, is entered into this r/& day of1,?de/NGer 2009 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,
2010.
WHEREAS, the parties acknowledge the need to address volatility in the cost of food commodities; and
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. Pursuant to Paragraph 1 "Term" of Agreement, both parties agree that the term of the
Agreement shall be renewed for a one (1) year period, effective from January 1, 2010 through
December 31, 2010.
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, 2010
through December 31, 2010, and shall supersede in all respects the price per meal set forth in Paragraph 3 of the
Agreement or in any other prior agreements 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. 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. 3 to be signed by their
duly authorized representatives the day and year first written above.
ARAMARK Correctional Services, LLC
By:
David Kimmel
Vice President, Finance
Document No. 286135v.1
Matter No. 34342
County of Weld, a political subdivision of
Weld County Clerk to the Board of the State of
Colorado
By:
7
William F.
)a OBI C
Garcia, Chair
11/16/2009
SO vcso
I I- I t: 2C'/
Attachment A
Weld County Pricing
Greeley, Colorado
Effective January 1, 2010 through December 31, 2010
Number of Inmate and
Staff Meals
Price per meal*
500 - 549
$1.082
550 - 599
$1.040
600 - 649*
$1.040
650 - 699
$1.014
700 - 749
$0.994
750 and above
$0.971
*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
$1.040
Snack
Centennial Residential
$3.494
Work Release Facility
Document No. 286135v.1
Matter No. 34342
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