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Docusign Envelope ID:El182366-3DF6-4A5D-AA25-83DB381D816A
<br /> of trash and garbage from the designated food and commissary service areas,
<br /> I. PERSONNEL: Aramark shall provide on-site management and supervisory
<br /> personnel, and from its regional and headquarters locations, administrative, dietetic, purchasing,
<br /> equipment consulting and personnel advice and supervision. No imnate shall be allowed to enter the
<br /> kitchen unless and until a security officer is present.
<br /> The City acknowledges that Arainark has invested considerable amounts of time and
<br /> money in training its supervisory employees in systems,procedures,methods,forms,reports,formulas,
<br /> computer programs, recipes, menus, plans, techniques and other valuable information which is
<br /> proprietary and unique to Aramark's manner of conducting its business and that such information is
<br /> available, on a confidential basis,to Aramark's supervisory employees. Therefore,the City agrees that
<br /> supervisory employees of Araanark shall neither be hired by the City for the term of this Agreement
<br /> and twelve(12) months thereafter, nor shall the City permit supervisory employees of Aramark to be
<br /> employed on the City's premises for a period of twelve (12) months subsequent to the termination of
<br /> this Agreement(unless such employees were formerly employees of the City). For the purpose of this
<br /> prohibition,"supervisory employees" shall be defined as those persons who have directly or indirectly
<br /> performed management or professional services on the City's premises at any time during the twelve
<br /> (12)month period immediately preceding termination of this Agreement.
<br /> In addition,the City agrees that if it violates the conditions set forth in the immediately
<br /> preceding paragraph, then the City shall pay to Aramark, and Aramark shall accept as liquidated
<br /> damages and not as a penalty for such breach, an amount equal to two times the annual salary of each
<br /> Aramark supervisory employee hired by the City or allowed to work on the City's premises in violation
<br /> of the terms of this Agreement.
<br /> The City retains the right to thoroughly investigate any current or prospective
<br /> employees assigned to the Facility, subject to applicable Federal, state and local laws and regulations,
<br /> including but not limited to,the Federal Polygraph Protection Act, as amended.
<br /> All Contractor's personnel to work within the facility• must successfully complete a
<br /> background investigation conducted by the Santa Ana Police Department before beginning work.
<br /> Contractor employees that do not successfully complete the background investigation shall not be
<br /> allowed entry into the facility.
<br /> City has the right to restrict any person from accessing or remaining in the Police
<br /> Administration Building and Holding Facility.
<br /> J. EQUAL EMPLOYMENT OPPORTUNITY: Aramark and the City mutually agree
<br /> that they shall not discriminate against any employee or applicant for employment or on any matter
<br /> directly or indirectly related to employment, because of race, color, religion, sex, sexual orientation,
<br /> national origin, physical or mental handicap where not relevant to the job, height, weight, age,marital
<br /> status, or other criteria made illegal by state or federal law or the City policy. In addition, Aramark
<br /> agrees to take affirmative steps to ensure that applicants are employed,and that ernployces are treated,
<br /> during employment, without regard to the criteria listed above.
<br /> K. MINIMUM SCOPE AND LIMIT OF INSURANCE: Contractor shall procure and
<br /> maintain for the duration of the agreement, the following insurance coverages:
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