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Docusign Envelope ID:F1182366-3DF6-4A5D-AA25-83DB381D816A
<br /> added together to arrive at the overall percentage change which will represent the Market Basket of
<br /> Products.For the avoidance of doubt,the BLS categories to be multiplied by the Category Weightings
<br /> are(1)Beverage, All Urban Consumers,U.S. City Average; (2)Baked Goods,All Urban Consumers,
<br /> U.S. City Average; (3) Produce, All Urban Consumers, U.S. City Average; (4) Dairy, All Urban
<br /> Consumers,U.S. City Average; (5)Meat,All Urban Consumers,U.S. City Average;and (6)Food,All
<br /> Urban Consumers, U.S. City Average. In the event that there are any changes in the method in which
<br /> the BLS reports its annual statistics, including any changes or modifications to any of the applicable
<br /> BLS categories, the parties agree to negotiate a mutually agreeable modification to the appropriate
<br /> Market Basket of Products category or categories or the methodology described above. If the parties
<br /> do not agree on such a modification,Aramark shall have the right to terminate the Agreement upon 90
<br /> days' prior written notice.The Market Basket of Products is designed to approximate price adjustments
<br /> with product cost increases at the facility or facilities covered by this Agreement. The Market Basket
<br /> of Products is an estimate of food costs only and actual costs may vary. While the Menu Categories
<br /> attempt to approximate the products served at the facility or facilities covered by this Agreement,they
<br /> may not precisely parallel actual usage or the BLS categories listed above.
<br /> Please refer to Attachment D for an example of the Market Basket of Products calculation.
<br /> C. COMMISSARY SERVICES: Aramark shall process orders for Products from
<br /> inmates in accordance with Aramark's standard procedures. Aramark shall be responsible to collect,
<br /> record and make disbursements from inmate commissary accounts for purchases of such Products.
<br /> Aramark shall have access to each inmate account for the purpose of verifying that there are sufficient
<br /> funds in such account to cover a Product order placed by such inmate,including but not limited to,any
<br /> sales, use or other taxes related thereto.
<br /> Aramark shall determine the prices at which Products shall be sold. If Aramark sustains
<br /> increases in its costs, including but not limited to, increases in its Product, labor or equipment or
<br /> software-related costs,Aramark may increase its prices to recover such increased costs. Additionally,
<br /> Aramark may,at its discretion perform a price audit to compare the prices at which it sells the Products
<br /> contemplated by this Agreement with the prices at which similar products are being sold in retail outlets
<br /> in the surrounding community ("Comparable Retail Values"). In the event that any of Aramark's
<br /> prices are below the Comparable .Retail Values, the parties shall agree to increase such prices under
<br /> this Agreement to reflect the Comparable Retail Values.
<br /> Aramark shall submit to the City on the first day of every week, for the preceding week, an
<br /> invoice for total Gross Sales of Products made during such week,and other goods or services provided
<br /> by Aramark during such week, if any. The term "Gross Sales" shall mean total commissary sales
<br /> (including, but not limited to, sales of stamps and pre- stamped envelopes, pre-paid telephone calling
<br /> cards or any other telephone sales,debit cards, and Indigent Product sales)plus any sales or use taxes.
<br /> For purposes of this Agreement, a sale shall be deemed made when a Product ordered by an inmate is
<br /> delivered to the innate, and the Product is not returned. For purposes of this Agreement, all sales are
<br /> final and no returns will be honored unless the inmate who ordered a Product refuses delivery of such
<br /> Product at the time such Product is delivered,or unless such inmate is released prior to Product delivery
<br /> and fails to claim such Product within seventy-two(72) hours after release.
<br /> D. COMMISSARY COMMISSIONS: Aramark shall pay to the City a commission in
<br /> an amount equal to forty-five percent(45%)of Net Sales.Within fifteen(15)days after the end of each
<br /> month,Aramark shall deliver to the City a check covering commissions on Net Sales made during such
<br /> month. For purposes of this Paragraph, "Net Sales" means total Product sales (excluding all sales of
<br /> stamps and pre-stamped envelopes,pre-paid telephone calling cards or any other telephone sales,debit
<br /> cards, and Indigent Products) less safes or use taxes, authorized returns and handling charges.
<br /> Notwithstanding the foregoing, for the purposes of commissions paid pursuant to this Section 3.D.,
<br /> Net sales shall not include sales from Fresh Favorites, iCare, iCare Fresh, and Go-Cart; commissions
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