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HomeMy WebLinkAboutItem 14 - Agreement for Inmate Food and Commissary ServicesPolice Department www.santa-ana.org/pd Item # 14 or City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report September 16, 2025 TOPIC: Inmate Food and Commissary Services AGENDA TITLE Agreement with Aramark Correctional Services, LLC for Inmate Food and Commissary Services (Specification No. 25-038) (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute an agreement with Aramark Correctional Services, LLC to provide inmate food and commissary services in an amount not to exceed $5,070,842 for a three-year term beginning October 1, 2025 and expiring September 30, 2028, with provisions for two (2), one (1) year renewal options, and authorize use of a "pass -through" account enabling payments to Aramark Correctional Services, LLC from the incarcerated person trust account for commissary purchases with no fiscal impact to City funds (Agreement No. A-2025-XXX). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION California's Board of State and Community Corrections (BSCC) requires agencies to provide food services for all incarcerated individuals held within their custody. The Santa Ana Police Department currently has an agreement with Aramark Correctional Services, LLC that would have expired at the end of Fiscal Year 2024-25. On June 17, 2025, City Council approved an amendment to extend the term for an additional three months through September 30, 2025 to allow continuity of services and sufficient time to select a vendor and negotiate a new agreement. Request for Proposals (RFP) No. 25-038 was issued on March 17, 2025 on the City's online bid management and publication system. A summary of vendor participation and results is as follows: 81 Vendors notified 14 Santa Ana vendors notified 17 Vendors downloaded the bid packet Inmate Food and Commissary Services September 16, 2025 Page 2 3 Bids received 0 Bids received from Santa Ana vendors Proposals were solicited, opened on April 22, 2025, and evaluated. Three proposals were submitted by the RFP deadline and all were determined to be responsive to the specifications and met the City's requirements. An evaluation committee reviewed and rated the proposals according to the criteria listed in the RFP. Staff recommends awarding an agreement to the highest ranked firm, Aramark Correctional Services, LLC (Aramark). Aramark has been a provider of inmate food services at the Santa Ana Jail since 1997 and has continued to perform these services in a professional and competent manner. As specified in the agreement, Aramark will prepare nutritious meals consistent with American Correctional Association standards, BSCC Title 15 regulations, and Orange County Health Department requirements. Specialized diets (medical, religious, and gluten -free) will be provided at no additional cost, with oversight by the Jail's Operation Manager and contracted medical provider. Aramark will operate the inmate commissary program, offering a wide range of approved products including food, hygiene, stationery, and clothing items, while also administering specialized commissary programs that expand incarcerated persons' access to supplemental food and personal items. Commissions generated from these sales are deposited into the Inmate Welfare Fund, which supports purchases that enhance safety and security, as well as fund programs and services for incarcerated persons, reducing reliance on the City's General Fund. The programs offered to inmates include: • Fresh Favorites - Provides incarcerated persons the opportunity to purchase freshly prepared food items beyond the standard menu, offering access to home - style meals prepared by Aramark; iCare Fresh - Allows family members to conveniently purchase meals online, which Aramark then prepares and delivers to the incarcerated person; Go -Cart - A supplementary commissary tool that enables incarcerated persons to purchase select snack and convenience items later in the week, beyond the standard once -a -week commissary order. Aramark will also continue to operate the Code-7 Cafe staff cafeteria located within the Police Administration building and utilize on -site storage facilities. Aramark will pay the City $30,000 in annual rental fees for the Code-7 Cafe space and $24,000 in annual fees for use of the storage facilities. The agreement contains provisions for annual price adjustments tied to Consumer Price Index, Food Away From Home Index, and a "Market Basket of Products" methodology, ensuring alignment with national food cost trends. Inmate Food and Commissary Services September 16, 2025 Page 3 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funding is available in the current FY 25-26 budget and funding for subsequent fiscal years will be included in the proposed budget for City Council consideration as follows: Fiscal Accounting Unit — Fund Accounting Unit, Account Amount Year Account No. Description Description FY 25-26 01114475-62300 General Jail Operations, Contract $1,212,666 Fund Services -Professional FY 26-27 01114475-62300 General Jail Operations, Contract $1,669,562 Fund Services -Professional FY 27-28 01114475-62300 General Jail Operations, Contract $1,745,450 Fund Services -Professional FY 28-29 01114475-62300 General Jail Operations, Contract $ 443,164 Fund Services -Professional Total $5,070,842 The amounts above are estimates and subject to change. Payments to Aramark for commissary services will be paid by the inmates via the pass -through Trust and Agency account. Aramark's annual payment of $24,000 to the City for the use of on -site storage facilities will be deposited into the General Fund Revenue account no. 01114002-57460. Code- 7 Cafe annual rental income of $30,000 from Aramark will be deposited into the General Fund Revenue account no. 01114002-57461. Any potential commission payable to the City from the implementation of Aramark's Fresh Favorites, iCARE, iCARE Fresh, and Go -Cart programs will be deposited into the Inmate Welfare Fund Revenue account no. 02314002-57403. EXHIBIT(S) 1. Agreement with Aramark Correctional Services, LLC Submitted By: Robert Rodriguez, Police Chief Approved By: Alvaro Nunez, City Manager Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A OPERATING AGREEMENT (FOOD AND COMMISSARY SERVICES) This OPERATING AGREEMENT (the "Agreement") is made as of October 1, 2025 between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (the "City"), and ARAMARK CORRECTIONAL SERVICES, LLC, a Delaware limited liability company, having a place of business at 2400 Market Street, Philadelphia, Pennsylvania 19103 ("Aramark"). WITNESSETH: 1. GRANT: The City hereby grants to Aramark the exclusive right to provide inmate food and commissary services (excluding vending machine operation) and to operate the Code-7 Cafe at the Santa Ana Jail Facility (the "Facility") located at 62 Civic Center Plaza, Santa Ana, CA 92701 (the "Facility"). Aramark hereby agrees to furnish nutritious, wholesome, and palatable food to such inmates in accordance with this Agreement. The food service shall meet all current standards as established by: A. The American Correctional Association. B. The Food and Nutritional Board of the National Academy Science as prescribed for inmates. C. The State of California Board of State and Community Corrections. Aramark shall provide a large selection of food, candy and gum, non-alcoholic beverages, health and drug items, and general merchandise, including quality brand name products (collectively, the "Products"), all of which shall be subject to the approval of the City. The City hereby approves all Products set forth on Attachment A attached hereto. 2. OPERATIONAL RESPONSIBILITIES: ARAMARK shall operate the Santa Ana Jail commissary, perform inmate meal preparation, and operate the Code-7 Cafe, as those services are set forth in the City's Request for Proposal No. 25-038 ("RFP") and ARAMARK's Technical Proposal for food Service Management dated April 15, 2025 ("ARAMARK's Proposal"), the details of which are on file at the Santa Ana Jail in the care of the Jail Administrator, and incorporated by reference to this Agreement. A. FACILITIES AND EQUIPMENT: The City shall at its expense provide Aramark with adequate preparation kitchen facilities at the Facility completely equipped and ready to operate, together with such heat, refrigeration and utilities services as may be reasonably required for the efficient performance of the Agreement. The City shall, at its expense, provide Aramark with existing office and on -site storage facilities at the Facility completely equipped and ready to operate together with such heat, and utilities services as may be reasonably required for the efficient performance of the Services. Aramark will pay the City Twenty -Four Thousand Dollars ($24,000.00) annually for the use of the City's on -site storage facilities, to be paid in monthly installments of Two Thousand Dollars ($2,000.00). Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A Aramark shall be responsible for long-distance telephone service. Aramark shall install such computer hardware and related equipment and software (collectively "Computer Equipment"), including but not limited to Aramark's CORES commissary management information systems (the "CORED System") as necessary to support Aramark's commissary operations. Aramark shall remove all Computer Equipment upon the expiration or termination of this Agreement. The CORE(�_System is and shall at all times be owned by Aramark, which shall hold all rights relative thereto except as may be expressly granted hereunder and then only to the extent of such express grant. All use of the CORE® System at the Facility shall immediately cease upon the expiration or termination of this Agreement. Aramark shall be responsible to support and maintain all Computer Equipment during the term of this Agreement, but any and all such obligations shall cease upon the termination or expiration of this Agreement. To the extent that it is necessary for Aramark's or the City's employees to be trained to use the CORES System, Aramark shall provide such training, provided that Aramark shall have no other training obligations hereunder. Aramark shall furnish such computers, equipment and supplies as necessary to support inmate funds releases via NUMI cards at no cost to the City. Aramark shall provide initial training to City staff on the operation and functionality of the NUMI platform at no cost to the City. The City shall furnish building maintenance services for the Facility and shall provide preventive maintenance and equipment repairs and replacements for walk-in refrigerators and walk-in freezers. The City shall furnish an adequate inventory of serviceware, thermal tray and delivery equipment, pots, pans, beverage containers and utensils at the Facility. Equivalent quality replacements for kitchen, bakery and dishwashing serviceware shall be provided by the Contractor without cost to the City. Replacement items shall become property of the City. The City shall run such cable and wiring, and shall perform such systems integration, as necessary to enable the CORE System to support Aramark's commissary operations. In the event the City changes any third -party vendor whose service interacts with the CORE System (such as its telephone or internet service provider), any costs associated with CORE System customization or code changes will be borne by the City. In addition, should the City fail to provide the equipment, repair, maintenance and replacement services or supplies described in this Section, after notice from Aramark to do so, Aramark may, in its discretion and at its option, choose to provide, and bill the City for, such equipment, repair, maintenance and replacement services or supplies. In that event, the City shall pay for such equipment, repair, maintenance and replacement services or supplies at the prices billed by Aramark. Such prices shall be competitive with the cost of obtaining such products or services from an independent source in the open market. B. EMERGENCY PLAN: Aramark shall submit a contingency emergency plan to provide for food service in the event of a Force Majeure (hereinafter defined) within 60 days after the commencement of operations. In the event of a Force Majeure, the City shall assist Aramark by permitting reasonable variations in Aramark's menu cycle, Product offerings and service methods. However, Aramark shall not be relieved of its responsibility to provide meal service under the terms of this Agreement. Additional costs, if any, incurred in providing service in the event of a Force Majeure shall be borne by the City. The term "Force Majeure" means any war, riot, terrorism, warlike action (whether actual, impending or expected, and whether de jure or de facto), or other disorder, strike or other work stoppage, fire, explosion, earthquake, severe weather, landslides, sinkholes, Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A lightning, hurricanes, storms, floods, washouts, earthquake, tornado, flood, acts of God or other natural disaster, or other casualty, or other restraint of government (civil or military), blockades, insurrections, acts of terrorists or vandals, epidemics, pandemics, civil commotion, any material interruption of the Facility utility systems, confiscation or seizure by any government or public authority, laws, rules and regulations of governmental authorities, or nuclear reaction or radiation, radioactive contamination, or other similar condition not within the reasonable control of the party whose performance is interfered with, and which, by reasonable diligence, such party is unable to prevent. C. MEAL DELIVERY: Aramark personnel shall receive meals at the City kitchen, shall transport such meals to appropriate areas to be disbursed by the City, and shall return all trays and delivery equipment to Aramark at the City kitchen, in a timely manner. After each meal service, facility personnel shall make all trays and delivery equipment available to Aramark personnel outside of the housing areas. D. PRODUCT DELIVERY: Aramark personnel shall transport such Products ordered by inmates to inmates, and shall be responsible for Products returned by inmates to Aramark, in a timely manner. E. PRODUCTS AND CLEANING SUPPLIES: Aramark shall purchase and pay for all food products and kitchen cleaning supplies. Products purchased for use in the food service operation shall be the property of Aramark. The City shall be responsible for providing maintenance supplies and for maintaining kitchen appliances and equipment. Aramark will purchase and pay for all Products utilized in the commissary service operation. Products shall be the property of Aramark. Aramark shall purchase all food products from USDA inspected plants that are approved as strictly complying with food safety standards. All food products purchased have a manufacturer's and distributor's assurance of safe handling. Food products are reviewed and approved by Aramark's registered dietitians to ensure that the food products meet inmate acceptability and nutritional standards. F. PORTION SIZE REQUIREMENT: All entree portions listed on the menu that are purchased fully cooked, within the manufacturer's tolerance specifications, are based on weight measurements prior to reheating. Casserole portions and entree portions made from scratch are based upon weight measurements after the food has been cooked according to standardized recipes. G. MENU: The menu served at the Facility may be modified in any way by mutual written consent of the parties. H. SANITATION: Aramark shall be responsible for daily cleaning and housekeeping in the food preparation, service, receiving and storage areas, and shall, on a continuing basis, maintain high standards for sanitation. Aramark shall be responsible for janitorial service in the areas under Aramark's control, and the City shall provide janitorial services for the remainder of the Facility. The City shall provide janitorial services outside the kitchen facilities provided to Aramark. The City shall clean the vents and ductwork leading to the roof from food preparation areas. Aramark shall be responsible for extermination services for the kitchen, bakery, and dishwashing room and the removal Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A of trash and garbage from the designated food and commissary service areas. I. PERSONNEL: Aramark shall provide on -site management and supervisory personnel, and from its regional and headquarters locations, administrative, dietetic, purchasing, equipment consulting and personnel advice and supervision. No inmate shall be allowed to enter the kitchen unless and until a security officer is present. The City acknowledges that Aramark has invested considerable amounts of time and money in training its supervisory employees in systems, procedures, methods, forms, reports, formulas, computer programs, recipes, menus, plans, techniques and other valuable information which is proprietary and unique to Aramark's manner of conducting its business and that such information is available, on a confidential basis, to Aramark's supervisory employees. Therefore, the City agrees that supervisory employees of Aramark shall neither be hired by the City for the term of this Agreement and twelve (12) months thereafter, nor shall the City permit supervisory employees of Aramark to be employed on the City's premises for a period of twelve (12) months subsequent to the termination of this Agreement (unless such employees were formerly employees of the City). For the purpose of this prohibition, "supervisory employees" shall be defined as those persons who have directly or indirectly performed management or professional services on the City's premises at any time during the twelve (12) month period immediately preceding termination of this Agreement. In addition, the City agrees that if it violates the conditions set forth in the immediately preceding paragraph, then the City shall pay to Aramark, and Aramark shall accept as liquidated damages and not as a penalty for such breach, an amount equal to two times the annual salary of each Aramark supervisory employee hired by the City or allowed to work on the City's premises in violation of the terms of this Agreement. The City retains the right to thoroughly investigate any current or prospective employees assigned to the Facility, subject to applicable Federal, state and local laws and regulations, including but not limited to, the Federal Polygraph Protection Act, as amended. All Contractor's personnel to work within the facility• must successfully complete a background investigation conducted by the Santa Ana Police Department before beginning work. Contractor employees that do not successfully complete the background investigation shall not be allowed entry into the facility. City has the right to restrict any person from accessing or remaining in the Police Administration Building and Holding Facility. J. EQUAL EMPLOYMENT OPPORTUNITY: Aramark and the City mutually agree that they shall not discriminate against any employee or applicant for employment or on any matter directly or indirectly related to employment, because of race, color, religion, sex, sexual orientation, national origin, physical or mental handicap where not relevant to the job, height, weight, age, marital status, or other criteria made illegal by state or federal law or the City policy. In addition, Aramark agrees to take affirmative steps to ensure that applicants are employed, and that employees are treated, during employment, without regard to the criteria listed above. K. MINIMUM SCOPE AND LIMIT OF INSURANCE: Contractor shall procure and maintain for the duration of the agreement, the following insurance coverages: Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A Contractor shall maintain limits of insurance coverage in the following minimum amounts and shall be at least as broad as: Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate. Automobile Liability (AL): Insurance Services Office Form CA 00 01 covering Code 1 (any auto), with combined single limits of $1,000,000. In the event Contractor does not maintain commercial automobile liability insurance, City will accept evidence of personal automobile insurance with existing limits, which can be lower than $1,000,000. Workers' Compensation (WC): as required by the State of California, with statutory limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident, per employee, per policy for bodily injury or disease. This requirement can be waived if Contractor has no employees. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: CGL and AL policies: City of Santa Ana, its City Council, its officers, officials, and employees are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, equipment, and personnel furnished in connection with such work or operations. Any insurance coverage (additional insured or otherwise) that Aramark maintains as required in this Agreement shall only cover insured liability assumed by Aramark in this Agreement; such insurance coverage shall not otherwise cover liability in connection with or arising out of the wrongful or negligent acts or omissions of Additional Insureds. 2. All required insurance policies: For any claims related to this contract, Contractor's insurance coverage shall be primary, but only to the extent of the risks and liabilities expressly assumed herein, and any insurance maintained by City, its City Council, its officers, officials, employees, agents, or volunteers shall not contribute with it. 3. All required insurance policies: A severability of interest provision must apply for all the additional insureds, ensuring that Contractor's insurance shall apply separately to each insured against whom a claim is made or suit is brought, except with respect to the insurer's limits of liability. 4. Contractor shall provide that coverage shall not be canceled, suspended, voided, reduced in coverage or in limits, non -renewed by the carrier, or materially changed except after thirty (30) days prior written notice has been given to City. Ten (10) days prior written notice shall be provided to City for policy cancellation or non -renewal due to non- payment. 5. Certificate Holder on each Evidence of Insurance certificate shall be: City of Santa Ana, Attention: Jail Administrator, 62 Civic Center Plaza, M-88, Santa Ana, CA 92701. The name and location of event should be included in the Description of Operations section of each certificate. Acceptability of Insurers Insurance is to be placed with insurers authorized to conduct business in the state of California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to City. Verification of Coverage Contractor shall furnish City with Certificates of Insurance. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor's obligation to provide them. Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A Claims Made Policies If any of the required policies provide coverage on a claims -made basis: 1. The retroactive date must be shown and must be before the date of the contract or the beginning of work. 2. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of work. 3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective date, Contractor must purchase "extended reporting" coverage for a minimum of three (3) years after completion of work. Subcontractors Contractor shall require and verify that all sub -contractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from sub -contractors. Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances but only as agreed to by Contractor. L. Indemnification: Aramark agrees to defend, indemnify and hold harmless the City, its officers, employees, agents and servants for all third -party personal injuries caused by the negligence of Aramark in its performance of the services defined in this Agreement, and to pay all claims, damages, judgments, legal costs, adjuster fees and attorney fees related thereto. However, it is expressly understood that Aramark shall not be responsible for damages, injuries, losses or claims caused by inmates or the City, its officers, employees, agents, servants or other independent contractors. Neither any of the City's officers, employees, agents, servants or contractors, nor any inmates, are or will be deemed to be agents or employees of Aramark and no liability is or will be incurred by Aramark to such persons, except for bodily injury to such persons caused by Aramark's negligence. The City agrees to defend, indemnify and hold Aramark harmless from any liability claim by or through such persons against Aramark. Each party shall promptly notify the other of any claim for which indemnity is sought, and shall cooperate with the other party in the defense of such claim. The indemnifying party may have the discretion to defend and settle such claim. M. Over the Counter Drugs Indemnification: To the maximum extent permitted by applicable law and whether or not caused, directly or indirectly, in whole or in part, by the negligence, or other fault of the party to be indemnified, the City will indemnify and hold harmless Aramark and its respective officers, directors, employees and agents, from and against any and all claims, causes of action, suits, investigations, and administrative or other proceedings, and all related demands, damages, liabilities, fines, penalties, assessments, costs, expenses (including attorney's fees) of every kind and nature, related to or arising out of the sale or provision of over the counter drugs to inmates at the Facility, including but not limited to product liability, warranty, negligence or allergy claims and any alleged violation of any federal, state or local code, statute, law, regulation or ordinance. N. HAZARDOUS SUBSTANCES; PRE-EXISTING CONDITIONS. Aramark has no duty to investigate, detect, prevent, handle, encapsulate, remove, or dispose of, and will have no responsibility to the City or others for any exposure of persons or property to, asbestos, lead, fuel storage tanks or contents, indoor air pollutants or contaminants, poor air quality, or hazardous, toxic, or regulated waste substances, mold, fungi, mildew, pollutants, or contaminants (collectively, the "Hazardous Substances") at the Facility or the surrounding premises. The City will comply with all applicable federal, state, and local laws and regulations, which have been or will be enacted during the term of this Agreement, regarding such Hazardous Substances on the City's premises. The City will inform Aramark of the presence of such Hazardous Substances and acknowledges that Aramark employees will not be required to work in any location where they could be exposed to such Hazardous Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A Substances. Aramark has advised the City that it does not provide or assume any responsibility to monitor or remediate mold, fungi, mildew, indoor air quality or any similar conditions, and that all determinations and corrective actions regarding mold, fungi, mildew, indoor air quality and any similar conditions shall be made by the City or a third parry retained by the City. In no case will any Aramark employee act in the capacity of a "Designated Person" (within the meaning of the Asbestos Hazard Emergency Response Act, "AHERA"), which duties remain solely with the City. Aramark will not be responsible for any conditions that existed in, on, or upon the Facility before the commencement date of this Agreement ("Pre -Existing Conditions"), including, without limitation, environmental impairments, and other conditions. Notwithstanding the general indemnity provision contained above in Section K, the City shall indemnify and hold harmless Aramark, its subsidiaries and affiliated companies, and their respective directors, officers and employees, against any liability related to, or arising out of, any defective condition or the presence of Hazardous Substances or Pre -Existing Conditions on or at the Facility or the surrounding premises, or the claimed or actual release or threatened release or disposal of Hazardous Substances from or at the Facility, to the extent not caused by the willful misconduct or grossly negligent acts or omissions of Aramark, its employees or subcontractors, including, without limitation, fines, penalties, clean-up costs, or costs of other environmental remediation measures. O. DAMAGES: Aramark's liability hereunder shall not under any circumstances exceed the greater of net revenue received by Aramark pursuant to this Agreement during the twelve (12) months prior to the applicable claim or (b) the actual proceeds of insurance (not to exceed the maximum limits of insurance required by Section 2.K.), less any applicable deductible. In no event will either party be liable to the other parry for any loss of business, business interruption, consequential, special, indirect or punitive damages. P. COMPLIANCE WITH LAWS: Each parry hereto shall comply with all statutes, lawful ordinances, regulations and requirements, federal, state, and local applicable to their activities hereunder. The City shall provide reasonable and adequate physical security at all times for Aramark employees, suppliers, management and other authorized visitors, which at a minimum requires that a security officer be present at all times when an inmate is in the kitchen with an Aramark employee, supplier, management and other authorized visitors. Q. RETURN OF EQUIPMENT: Aramark shall return to the City at the expiration or on any termination of this Agreement the food and commissary service areas and all equipment furnished by the City in the condition in which received, except for ordinary wear and tear and except to the extent that said premises and equipment may have been lost or damaged by fire, flood, or other disaster, and except to the extent that said equipment may have been stolen by persons other than employees of Aramark without negligence on the part of Aramark or its employees. R. LICENSE, FEES, PERMITS, AND TAXES: Aramark shall secure and pay for all federal, state and local licenses, permits and fees required for the food and commissary services operation. The City represents and warrants that it is a tax-exempt entity and, further, agrees to provide evidence of its tax-exempt status to Aramark upon request. The City further agrees to notify Aramark promptly in the event of a change in its tax-exempt status. Aramark, as the commissary services retailer, shall be responsible for the collection and remittance of all applicable sales, use, excise and state and local business and income taxes attributable to the commissary operation and the sales of Products. In the event that a determination is made by a government authority that any sales, purchases, payments or use of property made to or by Aramark under this Agreement, either in whole or in part, is subject to any sales, use, gross receipts, property or any similar tax which tax was not contemplated by the parties at the commencement of operations hereunder, the full amount of any such tax liability, together with any interest paid by Aramark, shall be invoiced by Aramark and shall be reimbursed by the City, notwithstanding the fact that this Agreement may have expired or been terminated for any reason by Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A either parry prior to the date of such determination. 3. FINANCIAL ARRANGEMENTS: A. FOOD SERVICE - MEAL ORDERS, BILLING AND PRICES: Aramark shall provide meals to the City's inmates at the per meal prices set forth in Attachment B. Aramark will provide all medical, religious, gluten- free, and other special diets (the "Special Diets") at no additional cost. Religious diets other than a lacto-ovo vegetarian and/or vegan diet meals, such as prepackaged meals, shall be charged to the City at a mutually agreed upon price. All Special Diets must be approved by the City's medical provider or religious authority, as applicable. Aramark will work with the City's medical provider for appropriate diabetic diets and snacks, as needed. The City shall notify Aramark of the actual number of meals ordered each day at a mutually agreed upon time prior to meal service, and the City shall make additions or deletions to such order within a mutually agreed upon time prior to meal service. When the initial notice of meals ordered is not given timely, Aramark shall prepare and will be paid for the same number of meals as prepared for the previous day. Aramark shall submit to the City on the first day of every week, for the preceding week an invoice for inmate meals ordered or served, whichever is greater, Fresh Favorites meals ordered by inmates, and other goods or services provided by Aramark, if any. The invoice shall reflect the preceding week's food services detailing the greater of the number of meals served or ordered on a daily basis as follows: 1. Adult inmate meals 2. Meals provided through the "Fresh Favorites program" 3. Any additional food, beverage or other services, as required 4. Staff caf6 sales report The price per meal charged to the City for meals served to inmates is set forth in Attachment B. B. FOOD SERVICE- PRICE ADJUSTMENTS: The per meal prices stated in this Agreement are firm for the period beginning on the Effective Date and ending on September 30, 2026. Per meal prices for each subsequent 12-month period shall be adjusted on each anniversary of the Effective Date by an amount to be mutually agreed upon and set forth in an amendment to this Agreement in the form attached hereto as Attachment C. In the event no agreement is reached with respect to such adjustment, per meal prices shall be adjusted as further set forth below by the greater of the (a) yearly percentage change in the Consumer Price Index, All Urban Consumers, U.S. City Average, Food Away From Home Index ("CPI -FAH"), published by the U.S. Department of Labor and (b) the yearly percentage change in the Market Basket of Products (as defined below) which approximate the products served at the facilities covered by this Agreement (the "Client Menu"). The period for determining CPI -FAH and Market Basket of Products increases shall be April 1 to April 1 of the then -current year (the "Base Period") As set forth on the sample client statement attached as Attachment D, a copy of which shall be provided prior to implementing any price adjustments pursuant to this section, the "Market Basket of Products" represents categories or types of products that are generally used in the Client Menu. Such products are classified into the following six categories of food items (each, a "Menu Category"): beverage (composed of juice and non-alcoholic drinks other than milk); baked goods; produce (composed of fruits and vegetables); dairy; meat; and grocery items (composed of the food items in the menu that are not otherwise included in one of the preceding categories). Each Menu Category will be ascribed a percentage (the "Category Weighting") representing the proportion of the Client Menu that such Menu Category approximately represents based on purchasing levels during the Base Period. Each Category Weighting will then be multiplied by the percentage change in the corresponding Bureau of Labor Statistics ("BLS") category compiled by the U.S. Department of Labor and published at www.bls.gov for the Base Period, and the results of each such calculation will be Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A added together to arrive at the overall percentage change which will represent the Market Basket of Products. For the avoidance of doubt, the BLS categories to be multiplied by the Category Weightings are (1) Beverage, All Urban Consumers, U.S. City Average; (2) Baked Goods, All Urban Consumers, U.S. City Average; (3) Produce, All Urban Consumers, U.S. City Average; (4) Dairy, All Urban Consumers, U.S. City Average; (5) Meat, All Urban Consumers, U.S. City Average; and (6) Food, All Urban Consumers, U.S. City Average. In the event that there are any changes in the method in which the BLS reports its annual statistics, including any changes or modifications to any of the applicable BLS categories, the parties agree to negotiate a mutually agreeable modification to the appropriate Market Basket of Products category or categories or the methodology described above. If the parties do not agree on such a modification, Aramark shall have the right to terminate the Agreement upon 90 days' prior written notice. The Market Basket of Products is designed to approximate price adjustments with product cost increases at the facility or facilities covered by this Agreement. The Market Basket of Products is an estimate of food costs only and actual costs may vary. While the Menu Categories attempt to approximate the products served at the facility or facilities covered by this Agreement, they may not precisely parallel actual usage or the BLS categories listed above. Please refer to Attachment D for an example of the Market Basket of Products calculation. C. COMMISSARY SERVICES: Aramark shall process orders for Products from inmates in accordance with Aramark's standard procedures. Aramark shall be responsible to collect, record and make disbursements from inmate commissary accounts for purchases of such Products. Aramark shall have access to each inmate account for the purpose of verifying that there are sufficient funds in such account to cover a Product order placed by such inmate, including but not limited to, any sales, use or other taxes related thereto. Aramark shall determine the prices at which Products shall be sold. If Aramark sustains increases in its costs, including but not limited to, increases in its Product, labor or equipment or software -related costs, Aramark may increase its prices to recover such increased costs. Additionally, Aramark may, at its discretion perform a price audit to compare the prices at which it sells the Products contemplated by this Agreement with the prices at which similar products are being sold in retail outlets in the surrounding community ("Comparable Retail Values"). In the event that any of Aramark's prices are below the Comparable Retail Values, the parties shall agree to increase such prices under this Agreement to reflect the Comparable Retail Values. Aramark shall submit to the City on the first day of every week, for the preceding week, an invoice for total Gross Sales of Products made during such week, and other goods or services provided by Aramark during such week, if any. The term "Gross Sales" shall mean total commissary sales (including, but not limited to, sales of stamps and pre- stamped envelopes, pre -paid telephone calling cards or any other telephone sales, debit cards, and Indigent Product sales) plus any sales or use taxes. For purposes of this Agreement, a sale shall be deemed made when a Product ordered by an inmate is delivered to the inmate, and the Product is not returned. For purposes of this Agreement, all sales are final and no returns will be honored unless the inmate who ordered a Product refuses delivery of such Product at the time such Product is delivered, or unless such inmate is released prior to Product delivery and fails to claim such Product within seventy-two (72) hours after release. D. COMMISSARY COMMISSIONS: Aramark shall pay to the City a commission in an amount equal to forty-five percent (45%) of Net Sales. Within fifteen (15) days after the end of each month, Aramark shall deliver to the City a check covering commissions on Net Sales made during such month. For purposes of this Paragraph, "Net Sales" means total Product sales (excluding all sales of stamps and pre- stamped envelopes, pre -paid telephone calling cards or any other telephone sales, debit cards, and Indigent Products) less sales or use taxes, authorized returns and handling charges. Notwithstanding the foregoing, for the purposes of commissions paid pursuant to this Section 3.D., Net sales shall not include sales from Fresh Favorites, iCare, iCare Fresh, and Go -Cart; commissions Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A for those services shall be paid as stated below. E. CATERING AND ADDITIONAL SERVICES: Upon mutual agreement of the parties, Aramark shall provide catering services for the City. Catering services will be provided at Aramark's costs plus 10%, inclusive of all Aramark expenses. Food, beverage and other services required by the Facility outside the scope of this Agreement shall be provided by Aramark upon written authorization by the City at mutually agreed upon prices for such services. Upon request, Aramark may from time to time provide training services to the City and its personnel, training such personnel in the operation of the CORE System. F. FRESH FAVORITES: Aramark shall implement its Fresh Favorites program. Aramark shall determine the prices at which Fresh Favorites items shall be sold. If Aramark sustains increases in its costs, including but not limited to, increases in its product, labor or equipment costs, Aramark may increase its Fresh Favorites prices to recover such increased costs. No returns shall be accepted unless the inmate, who ordered a product, is released prior to such delivery. All sales shall be deemed made when a Fresh Favorite item purchased by an inmate is delivered. Aramark shall pay to the City a commission in an amount equal to Twenty -Five Percent (25%) of Net Sales on the Fresh Favorite items. Within fifteen (15) days after the end of each month, Aramark shall deliver to the City a check covering commissions on Net Sales made during the prior month. For purposes of this Paragraph "Net Sales" means total Fresh Favorite products sales, less sales or use taxes, authorized returns and handling charges. G. WARE: Aramark shall implement its iCare program at the Facility. Aramark shall determine the prices at which iCare items shall be sold. If Aramark sustains increases in its costs, including but not limited to, increases in its product, labor or equipment costs, Aramark may increase its iCare prices to recover such increased costs. No returns shall be accepted unless the inmate, who is a recipient of such iCare order, is released prior to such delivery, or the iCare order is undeliverable in accordance with Aramark standard terms and conditions for iCare orders. All sales shall be deemed made when an iCare item purchased is delivered to the inmate. Aramark shall pay to the City a commission in an amount equal to Forty -Five Percent (45%) of Net Sales of all iCare packages. Within fifteen (15) days after the end of each month, Aramark shall deliver to the City a check covering commissions on Net Sales made during the prior month. For purposes of this Paragraph, "Net Sales" means total iCare sales, less sales or use taxes, authorized returns and handling charges. H. WARE FRESH: Aramark shall implement its WARE Fresh program. Aramark shall determine the prices at which WARE Fresh items shall be sold. If Aramark sustains increases in its costs, including but not limited to, increases in its product, labor or equipment costs, Aramark may increase its iCARE Fresh prices to recover such increased costs. No returns shall be accepted unless the inmate, who is to receive a product, is released prior to such delivery. All sales shall be deemed made when an WARE Fresh item purchased by an inmate is delivered. Aramark shall pay to the City a commission in an amount equal to Twenty -Five Percent (25%) of Net Sales on iCARE Fresh items. Within fifteen (15) days after the end of each month, Aramark shall deliver to the City a check covering commissions on Net Sales made during the prior month. For purposes of this Paragraph "Net Sales" means total WARE Fresh product sales, less sales or use taxes, authorized returns and handling charges. Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A I. GO-CART: Aramark shall implement its Go -Cart program at the Facility. Aramark shall determine the prices at which Go -Cart items shall be sold. If Aramark sustains increases in its costs, including but not limited to, increases in its product, labor or equipment costs, Aramark may increase its Go -Cart prices to recover such increased costs. No returns shall be accepted on Go -Cart items. Aramark shall pay to the City a commission in an amount equal to Twenty -Five Percent (25%) of Net Sales on Go -Cart items. Within fifteen (15) days after the end of each month, Aramark shall deliver to the City a check covering commissions on Net Sales made during the prior month. For purposes of this Paragraph "Net Sales" means total Go -Cart product sales, less sales or use taxes, and handling charges. J. CODE-7 CAFE: Aramark will not pay the City a commission on any items sold at the Code-7 Cafe. Aramark will pay the City Thirty Thousand Dollars ($30,000.00) annually to rent the Code-7 Cafe space, to be paid in monthly installments of Twenty -Five Hundred Dollars ($2,500.00). If the Code-7 Cafe ceases operation at any time during the term or any extension of this Agreement, Aramark will no longer pay rent for this space effective the date the Code-7 Cafe ceases operations. 4. ACCOUNTING -MANNER OF PAYMENT: Payment shall be made by check payable to Aramark Correctional Services, LLC within thirty (30) days after the invoice date. Such payment shall be sent to the address listed on the invoice. (Payments only shall be sent to this address, all other correspondence shall be sent to the address set forth in Section 11 hereof.) If any invoices are not paid within thirty (30) days of the invoice date, interest shall be charged on each invoice at the Prime Interest Rate plus two percentage points per annum on the unpaid balance (or in the event local law prohibits the charging of such rate, interest shall be charged at the maximum legal rate permitted), computed from the invoice date until the date paid. The term "Prime Interest Rate" shall mean the interest rate published in The Wall Street Journal as the base rate on corporate loans posted by at least Seventy -Five Percent (75%) of the thirty (30) largest U.S. commercial banks, such rate to be adjusted on the last day of each Aramark accounting period. 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 thirty (30) days of the invoice date. In the event that Aramark incurs legal expense in enforcing its right to receive timely payment of invoices, the City agrees to pay reasonable attorney's fees and other costs. Aramark shall provide the City with a comprehensive monthly summary of meals, services and credits. This summary shall be forwarded to the City Administrator or his designee each month. Aramark shall provide the City with a comprehensive monthly summary of Gross Sales, services and credits. This summary shall be forwarded to the City Administrator or his designee each month. 5. MATERIAL ADVERSE CHANGE: The financial arrangements in this Agreement are based on conditions existing as of the Effective Date including any representations regarding existing and future conditions made by City in connection with the negotiation and execution of this Agreement. If such conditions change due to causes beyond Aramark's control, including, but not limited to, a change in the scope of Aramark's services; menu changes; a decrease in the Facility's inmate population or the availability of inmate labor; efforts to organize labor; increases in food/product costs, including due to imposition of tariffs, fuel, equipment, utilities, supply, and labor costs; Federal, State and local sales, and other taxes and other operation costs; a change in Federal, Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A State and local standards, requirements recommendations, and regulations; changes in phone service providers or a change in the way phone service is sold to inmates; or other unforeseen external market conditions outside Aramark's control, then Aramark shall give City written notice of such increase or change, and within thirty (30) calendar days after such notice, Aramark and City shall mutually agree upon modification(s) to offset the impact of the increase or change, which modifications may include any or a combination of the following: an adjustment to Aramark's price per meal or commission, modifications to the menu or Product offerings, changes to Product pricing or modifications to Aramark's scope of services. The foregoing shall be in addition to, and without limitation, of the parties' rights and obligations set forth herein in Section 2.B. with respect to continuation of services (and compensation for the same) in the event of a Force Majeure event, if applicable. 6. PHONE SERVICE PROVIDERS: In the event that there is a change in the phone service provider used at the Facility or in the process by which phone cards or phone time is sold to inmates, the City shall be responsible for the cost or shall cause the phone service provider to be responsible for the cost of the following: (1) any software development required by the change; (2) system integration; (3) use of Aramark hardware and software to sell phone service; and (4) any other cost incurred by Aramark, including but not limited to increased costs for labor, handling, and reporting. 7. ACCESS AND RECORDS: Aramark will maintain accurate books and records in connection with the food and commissary service operations and shall retain such records for thirty- six (36) months after the close of the federal fiscal year (October 1, through September 30). 8. COMPENSATION — NOT -TO -EXCEED AMOUNT. The total not -to -exceed amount to be expended during the term of this Agreement shall not exceed $5,070,842. This amount is subject to amendment per the terms of Section 3.13. FOOD SERVICE- PRICE ADJUSTMENTS. Any increase to the not -to -exceed amount, defined herein, shall be defined and agreed upon by the CPI - FAH increases reflected in Section 3.B. Any amendment, based solely upon said Price Adjustments in Section 3.B., may be approved in writing by the City Manager and the City Attorney. Any increases beyond the CPI -FAH defined in Section 3.B., above, or any other increase to costs, the not -to -exceed amount, or other material revision(s) of the terms and conditions of this Agreement are subject to approval by the City Council of the City of Santa Ana. 9. TERM OF AGREEMENT: The initial term of this Agreement shall commence on October 1, 2025, and shall continue through September 30, 2028. By mutual agreement, the term of this Agreement may be renewed for two (2) additional one (1) year terms. 10. TERMINATION: A. TERMINATION FOR CONVENIENCE: Either party may terminate this Agreement for convenience, at any time during the term or any renewal or extension, upon ninety (90) days' notice to the other parry. B. TERMINATION FOR DEFAULT: Either party may terminate this Agreement upon a breach or default of this Agreement by the other party, which is not cured within thirty (30) days after receipt by the defaulting party of a notice from the non -defaulting parry, specifying the nature of such breach or default. C. CONSEQUENCES OF TERMINATION: If this Agreement is terminated under any Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A circumstances, the City shall pay Aramark for all inmate meals, commissary and other services, provided by Aramark to and including the date of termination, at the rates and within the payment periods set forth in this Agreement. The City's obligation to pay for meals and commissary services provided shall survive the termination or expiration of this Agreement. Upon the expiration or any termination of this Agreement, the City agrees, if requested by Aramark, to purchase Aramark's usable inventory of food and supplies. The purchase price for such inventory shall be Aramark's invoice cost. 11. NOTICE: All notices or other communication hereunder shall be deemed to be duly given when made in writing and delivered in person or deposited in the United States mail, postage prepaid, certified mail, return receipt requested and addressed to the parry at its respective address first set forth above, or such other address as it may designate, by notice given as aforesaid. 12. CONFLICTS OF INTEREST: Aramark covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with performance of this Agreement and no person having any such interest shall be employed. In addition, no officer, agent or employee of the City and no member of its governing body shall participate in any decision relating to this Agreement which affects his/her personal interest or any corporation, partnership, association which he/she is directly or indirectly interested or has any personal or pecuniary interest. 13. CONFIDENTIAL INFORMATION: All financial, statistical, operating and personnel materials and information, including, but not limited to, software, technical manuals, recipes, menus and meal plans, policy and procedure manuals and computer programs relative to or utilized in Aramark's business (collectively, the "Aramark Proprietary Information") are and shall remain confidential and the sole property of Aramark and constitute trade secrets of Aramark. The City shall keep all Aramark Proprietary Information confidential and shall use the Aramark Proprietary Information only for the purpose of fulfilling the terms of this Agreement. The City shall not photocopy or otherwise duplicate any materials containing any Aramark Proprietary Information without the prior written consent of Aramark. Upon the expiration or any termination of this Agreement, all manuals, software, computers, diskettes, disks and disk drives, and other materials or documents containing any Aramark Proprietary Information, shall be returned to Aramark. 14. PUBLICITY RIGHTS: Neither Aramark nor City shall disclose the terms of this Agreement to any other person or entity outside its organization other than as required by law. Neither City nor Aramark and its Affiliates shall, without the other Parry's consent, use the other Party's name, logo, trademark or otherwise refer to or identify the other Party in any publicity matters relating to the Services. Notwithstanding the foregoing, both Parties and their respective Affiliates may, without prior consent of the other Party, use that Party's name or logo and the existence of this Agreement in connection with earnings calls or similar matters with their respective investors or analysts as well as communications to prospective clients (if applicable) and for use in such Parry's marketing materials. 15. ASSIGNMENT: Aramark may not assign this Agreement without the City's prior written consent (not to be unreasonably withheld, conditioned or delayed), except that Aramark may assign this Agreement, in its sole discretion, to any of its affiliates without any consent being required. The term "affiliate" means any corporation, limited liability company or any other person controlling, controlled by or under common control with, Aramark. 16. ENTIRE AGREEMENT: This Agreement represents the entire agreement and understanding Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A between the City and Aramark and supersedes all prior negotiations, representations or agreements, either written or oral, including without limitation, any request for proposal, invitation to bid, bid specifications, bids, proposals or other similar documents. This Agreement may be amended only by written instrument signed by both the City and Aramark. 17. SEVERABILITY: If any provision hereof or the application thereof to any person or circumstance is held to any extent, to be void, invalid or unenforceable, the remainder of this Agreement, and the application of such provision to other persons or circumstances, shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. 18. WAIVER: The failure of Aramark or the City to exercise any right or remedy available under this Agreement upon the other party's breach of the terms, covenants and conditions of this Agreement or the failure to demand the prompt performance of any obligation under this Agreement shall not be deemed a waiver of such right or remedy; or the requirement of punctual performance; or of any subsequent breach or default on the part of the other party. 19. COUNTERPARTS; PDF AND FACSIMILE SIGNATURES. This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one, and the same, document. Signatures of the Parties may be exchanged by pdf or facsimile, and such pdf or facsimile signature pages shall be deemed originals in all respects. It shall not be necessary in making proof of this Agreement or any counterpart to produce or account for any of the other counterparts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives as of the day and year first above written. Aramark Correctional Services, LLC ISDoeuSigned by: ft, ganiwsLy 6DD54Doz6oCD4AA.- Stephen Yarsinsky Vice President, Finance ATTEST: JENNIFER L. HALL City Clerk APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: _/ Tamara Bogosian Assistant City Attorney CITY OF SANTA ANA ALVARO NUNEZ City Manager RECOMMENDED FOR APPROVAL: Robert Rodriguez Chief of Police Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A Attachment A Commissary Price and Product List SANTA ANA, CA COMMISSARY PLU Item Price 0530 "'EXTREME SPORT STYLING GEL $4.19 1051 ALCOHOL FREE MOUTHWASH 4Z $1.39 1041 ANTACID CALCIUM CARBONATE $0.59 1042 ANTIFUNGAL CREAM $3.49 1375 BERGAMONT COND 4Z $4.65 1113 COCOA BUTTER LOTION 4Z $1.65 1126 COLGATE TOOTHPASTE 2.5Z $3.19 1214 COLGATE WHITENING 6Z $11.29 1421 COUGH DROPS GDS $2.79 1043 DAILY VITAMIN 100 CT $8.79 0517 DOVE MEN CARE EXTRA FRESH BAR $3.49 1455 DOVE ORIGINAL CLEAN ROLL ON DEODORANT $3.59 1061 DOVE SOAP $5.39 1282 FLOSS LOOPS 30CT $5.99 1059 FOOT POWDER 4Z $2.05 1086 HAIR PICK $1.10 1219 HAIR TIES $1.79 1695 HAND AND BODY LOTION $1.39 1017 HYDROCORTISONE CREAM .5Z $4.19 1018 IBUPROFEN 2PK $0.79 1407 LIP BALM $1.59 1063 MAGIC SHAVE CREAM 60Z $14.99 1434 MEN'S HURRICANE DEODORANT $3.59 1152 NON ASPIRIN 2PK $0.79 1040 PALM HAIR BRUSH $0.89 0528 ROSA VENUS BATH BAR SOAP WHITE $1.89 1197 SECRET DEODORANT 1.7Z $4.39 1467 SOAP DISH $1.19 0521 SUAVE SKIN SOLUTIONS ADVANCED THERAPY LOTION $7.49 Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A 1179 THUMB TOOTHBRUSH $0.25 1464 V053N1MENS $4.29 1376 VOS XBODY SHAMPOO $4.35 1377 VOS XBODY CONDITIONER 15Z $4.35 �ID PLU Item Proposed Price 0180 BC HOT COCOA SUPREME $5.49 0156 BC INSTANT COFFEE $5.49 3089 CAPPUCCINO MOCHA $0.99 3046 CAPPUCCINO VANILLA $0.99 3207 FE COLOMBIAN BLEND COFFEE $7.19 3176 GREEN TEA BAG IND $0.49 3137 OTG LEMONADE CRYSTAL LIGHT $1.23 3005 SF BLK CHERRY IND MIX $0.55 3327 SF FRUIT PUNCH IND COOL OFF $0.55 3328 SF ICED TEA IND COOL OFF $0.55 3326 SF LEMONADE IND COOL OFF $0.55 3221 SWISS MISS COCOA $0.89 3584 WYLERS LIGHT LEMON BERRY 10 CT $4.19 3585 WYLERS FRUITY RED PUNCH IOCT $4.19 PLU Item Proposed Price 9128 CHICK O STICK $0.69 9004 BUTTERSCOTCH DROPS $2.39 9305 GG CINNAMON DISCS $2.39 0105 GG JELLY BEANS $2.39 9006 GG JOLLY RANCHER ASST $2.69 0162 GG RAINBOW MIX HARD CANDY $2.39 9306 GG ROOT BEER BARRELS 3.25 OZ $2.39 9018 LEMON DISKS $2.39 9055 SOUR BALLS 4.5Z $2.39 Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A 9001 3 MUSKETEERS $2.29 9003 BUTTERFINGER $2.29 9032 HERSHEY BAR ALMONDS $2.29 9007 M&MS PEANUT $2.29 9011 REESES PB CUP $2.29 9013 SNICKERS $2.29 9015 TWIX $2.29 9551 iWERTHERS SUGAR FREE $3.89 PLU Item Proposed Price 3955 DE HOT AND SPICY VEGETABLE LOW SODIUM $1.20 1328 DE LOW SODIUM CHILI RAMEN $1.20 4330 RAMEN CAJUN CHICKEN $1.20 4014 RAMEN CHICKEN $1.20 4015 RAMEN CHILI $1.20 4016 RAMEN PICANTE BEEF $1.20 6069 RE TEXAS BEEF RAMEN 3Z $1.20 PLU Item Proposed Price 0187 IDAHOAN POUCH LOADED BAKED MASHED POTATOES $4.99 4011 PEANUT BUTTER SQUEEZE $1.09 4164 TEXAS TITOS SLICED JALAPENOS $1.39 3859 APPLE CINNAMON OATMEAL $0.79 4216 BC TACO FILLING W/ CHICKEN $6.99 3987 BC CHORIZO $9.29 1323 BC JALAPENO SUMMER SAUSAGE $5.49 1321 BC SUMMER SAUSAGE ORIGINAL $5.49 0108 BEEF CHILI WITH BEANS $7.59 0135 CHUNK LIGHT TUNA IN WATER $4.79 4053 COOKQUIK INSTANT SPANISH RICE $2.19 0840 CQ REFRIED BEANS W/ JALAPEOS JSLJDS $4.63 0110 CREAM CHEESE POUCH $1.69 Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A 0134 FP MACKEREL IN BRINE $4.55 4550 HEREFORD SHREDDED BEEF 7 OZ $8.99 4300 HOTPEPPER W/JALA CHEESE STICK $4.79 0119 LEGENDARY SALAMI $5.76 4372 LEGENDARY SPICY JALAPENO BEEF SAUSAGE $5.88 3860 MAPLE BROWN SUGAR OATMEAL $0.79 4009 MAYO SQZR IZ $1.29 4051 PEPPER PACK 10 CT $0.39 4019 SALTINE SLEEVE 4Z $1.49 0131 SARDINES IN LOUISIANA HOT SAUCE $4.79 0153 SAYULITA 8 FLOUR TORTILLA 10 CT $4.09 0107 SHREDDED CHICKEN BREAST $8.75 3980 REFRIED PINTO BEANS $4.99 4357 TEXAS TITO'S DILL PICKLE $1.59 4358 TEXAS TITO'S SPICY PICKLE $1.59 4377 TRAIL'S BEST TWIN BEEF STICKS $2.29 0175 TRAILS BEST BEEF & CHEDDAR STICKS $2.29 0159 JALAPENO CHEDDAR CHEESE POUCH $1.49 3257 10 PK SUGAR SUBSTITUTE $1.19 0111 CHEDDAR CHEESE POUCH $1.49 3003 CREAMER 10 CT $1.19 4008 GRAPE JELLY SQZR IZ $0.55 0149 HABANERO CHEDDAR CHEESE CUP $2.59 4207 KETCHUP PC $0.29 4455 MAYO PKT 9GM $0.29 4166 MUSTARD PC $0.29 4193 RANCH DRESSING I.SZ $1.09 4052 SALT PACKS 10 CT $0.39 4106 STRAWBERRY JAM SQZR IZ $0.55 3884 SWEET BABY RAYS BBQ PKT $1.29 3931 TAPATIO HOT SAUCE $0.29 Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A PLU Item Proposed Price I 6001 CHEETOS CRUNCHY $1.89 I 6068 CHEETOS FH LIMON $1.89 I 6002 CHEETOS FLAMIN HOT $1.89 I 6021 CHEETOS JALAPENO $1.89 I 6388 CHEEZ IT WHITE CHEDDAR $1.89 I 6009 DORITOS NACHO 1.75Z $1.89 I 6031 FRITOS CHILI CHEESE $1.89 I 6020 FRITOS REGULAR $1.89 I 6010 FRITOS TWIST HONEY BBQ $1.89 I 6314 HOT PORK RIND IZ $1.89 I 6026 LAYS REGULAR $1.89 I 6384 MUNCHIES PB & CHEESE $1.39 I 6254 PEANUT BUTTER PRETZEL NUGGETS $2.19 I 6072 PLANTERS SALTED PEANUTS $1.19 I 6353 RUFFLES SC & CHEDDAR $1.89 I 6038 SMARTFOOD WHITE CHED POPCORN $1.89 I PLU Item Proposed Price 5144 APPLE CINNAMON HONEY BUN $2.49 I 5025 BIG TEXAS CINN ROLL $2.79 I 5098 BLUEBERRY CHEESE DANISH $2.79 I 5120 BUDDY BAR $2.29 I 5149 CIN BROWNSGR TOASTER PASTRY $4.29 I 0122 DOLLY MADISON CHOC CUPCAKE 2 PK $2.32 I 5006 DONUT STICKS $2.79 I 5351 DREAMIES RASPBERRY4Z $2.79 I 5072 FAMOUS AMOS COOKIES $1.39 I 0239 FEBAKERY PRE -SLICED EVERYTHING BAGEL $1.69 I 5008 FRESHLEYS HONEY BUN ICED 6Z $2.79 I 5259 GLAZED HONEY BUN FRESHLEYS $2.79 I Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A 5206 GMAS CHOC BROWNIE COOKIES $1.49 5024 GMAS CHOC CHIP COOKIES $1.49 5044 GMAS PB COOKIES $1.49 5243 HOLIDAY COOKIES90Z $1.99 5425 HOSTESS COFFEE CAKE $1.99 5002 LDM DUPLEX COOKIES 5Z $2.89 5161 LDM LEMON CREAM COOKIE SZ $2.89 5371 LDM PB CREME COOKIES $2.89 5372 LDM STRAWBERRY CREME COOKIES $2.89 5365 LDM VANILLA CREME COOKIES $2.89 5035 NATURE VALLEY GRANOLA OAT&HNY 2PK I.SZ $1.89 5164 RICE KRISPIE TREAT 2.13Z $2.29 5115 STRAWBERRY NUTRIGRAIN $1.59 5151 STRAWBERRY TOASTER PASTRY $4.29 5204 ZI NGER CHOCOLATE 3CT $2.32 5218 ZINGER VANILLA 3CT $2.32 PLU Item Proposed Price 7092 ... ENVELOPES # 10 $0.19 7012 8.5XII SCRATCH PAD $2.59 7000 9X12 MANILLA ENVELOPE $0.59 7109 BATTERY AA EACH $1.29 7110 BATTERY AAA EACH $1.29 7049 CARD BDAY $2.89 7123 CARD BLANK $2.89 7055 CARD KID BDAY $2.89 7054 CARD LOVE $2.89 7057 CARD MISS YOU $2.89 7021 COLORED PENCILS $3.62 7170 EARBUDSCLEARTECH $8.15 7320 EARBUDS W MICROPHONE $8.49 7145 ENGLISH DICTIONARY $3.49 7022 GOLF PENCIL $0.23 Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A 7142 LARGE BOWL W/ LID $1.89 7066 NAIL CLIPPERS $1.39 7032 PENCIL CAP ERASERS $0.23 7010 PLAYING CARDS $3.50 7011 RADIO W/ EARBUDS $39.99 7080 READ GLASSES 2.75 $8.99 7042 READ GLASSES 3.00 $8.99 7027 SUDOKU BOOK $2.49 7016 TUMBLER W/ LID $1.09 7068 WASH CLOTH $0.99 4119 WHIRLEY 16 OZ CLEAR THERMAL MUG WITH LID $7.59 7089 WHITE 8.5 X 14 GUMMED PAD $2.59 PLU Item Proposed Price 2019 STAMP BOOK OF 10 $7.30 2001 STAMPED ENVELOPE $0.79 2002 STAMPED POSTCARD SM $0.90 PLU Item Proposed Price 8000 BOXERS 2XL $4.99 8001 BOXERS 3XL $4.99 8002 BOXERS 4XL $6.39 8084 BOXERS SXL $6.39 8003 BOXERS LG $4.99 8004 BOXERS MED $4.99 8005 BOXERS SM $4.99 8006 BOXERS XL $4.99 9705 GRAY SWEATPANTS - S ELASTIC $17.99 8064 GYM SHOE 7 VELCRO $59.99 8065 GYM SHOE 8 VELCRO $59.99 8066 GYM SHOE 9 VELCRO $59.99 8068 GYM SHOE 11 VELCRO $59.99 7977 LEATHER 8 LACE UP ATHLETIC $17.99 7978 LEATHER 9 LACE UP ATHLETIC $17.99 7979 LEATHER 10 LACE UP ATHLETIC $17.99 7980 LEATHER 11 LACE UP ATHLETIC $17.99 8226 SHORTS GRAY 2XL $12.99 8228 SHORTS GRAY 4XL $15.99 8229 SHORTS GRAY SXL $15.99 8224 SHORTS GRAY SZ LG $12.99 8490 SHORTS GRAY SZ MED $12.99 8225 SHORTS GRAY SZ XL $12.99 8396 SLIPON SHOES SZ8 $49.99 Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A 8399 SLIPON SHOES SZn $49.99 8400 SLIPON SHOES SZ12 $49.99 8036 SOCKS $1.69 7955 SWEAT PANT SXL $17.99 8161 SWTPANT GRAY 2XL $17.99 8162 SWTPANT GRAY 3XL $17.99 8163 SWTPANTGRAY4XL $17.99 8159 SWTPANT GRAY SZ L $17.99 8158 SWTPANT GRAY SZ M $17.99 8160 SWTPANT GRAY XL $17.99 8168 SWTSHIRTGRAY2XL $14.99 8169 SWTSHIRTGRAY3XL $18.99 8170 SWTSHIRTGRAY4XL $18.99 8166 SWTSHIRTGRAYL $12.99 8165 SWTSHIRTGRAYM $12.99 8164 SWTSHIRT GRAY SZ 5 $12.99 8167 SWTSHIRTGRAYXL $12.99 8048 T SHIRT 2XL $8.49 8042 T SHIRT 3XL $8.49 8044 T SHIRT LG $6.29 8045 T SHIRT IVIED $6.29 8046 T SHIRT SM $6.29 8047 T SHIRT XL $6.29 Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A Attachment B City of Santa Ana, California Effective October 1, 2025 through September 30, 2026 Inmate Population Meal Equivalent Price Per Meal Low High 101 150 $9.50 151 200 $6.84 201 250 $5.51 251 300 $4.70 301 350 $4.18 351 400 $3.81 401 450 $3.53 219513.1725 Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A Attachment C FORM OF AMENDMENT FOR IMPLEMENTING MARKET BASKET INCREASES Amendment No. _to Operating Agreement THIS AMENDMENT NO. (the "Amendment"), is entered into this day of , 20-by and between , with offices at (" ") and Aramark Correctional Services, LLC, a Delaware limited liability company, having its principal place of business located at the Aramark Tower, 2400 Market Street, Philadelphia PA 19103 ("Aramark"). WHEREAS, and Aramark entered into an dated for the management of the food service operation at (as amended, the "Agreement"); WHEREAS, the parties acknowledge the need to address volatility in the cost of food commodities; and WHEREAS, the parties desire to amend the provisions of the Agreement as follows, effective 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. Price Adjustment: In accordance with [Paragraph _ofAmendment No. _to the Agreement][Paragraph of the Agreement], the parties agree that the price per meal charged to by Aramark shall be changed as set forth on [Schedule I] hereto as a result of [changes in the Consumer Price Index][changes in the Market Basket of Products][mutual agreement of the parties]. This price shall be effective from 20 through , 20_. , and shall supersede in all respects the price per meal set forth in [Paragraph `] of the Agreement] [and Attachment C of the Agreement] or in any other prior agreements between the parties. 2. Release: The methodology used to determine the price increase described above 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. 3. Ratification: 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. _to be signed by their duly authorized representatives the day and year first written above. Aramark Correctional Services, LLC f ] By: Name: Title: By: Name: Title: Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A SCHEDULEI [attach updated price schedule for Amendment] City, Effective through Inmate Population Price Per Meal ($) (Average Daily Population for applicable period) Low High Rate 0 **TBD above 219513.1725 Docusign Envelope ID: El 182366-3DF6-4A5D-AA25-83DB381 D816A Attachment D Sample Client Statement - Market Basket of Products Calculation [INSERT CLIENT NAME] Exhibit Sample Market Basket Price Redetermination Statement (All) Market Basket Price Redetermination Statement CATEGORY arket Basket Weighting August BLS Market Basket CPI Index Weighted CPI % Cereals and Bakery Products 10.48% 5.99% 0.63% Meats, Poultry, Fish and Eggs 20.41% 0.02% 0.00% Dairy and Related Products 10.40% 0.31% 0.03% Fruits and Vegetables 13.23% 2.10% 0.28% Non -Alcoholic Beverages and Beverage Materials 5.41% 5.80% 0.31% Other Food at Home 40.07% 4.49% 1.80% TOTAL 100.00% 3.06% August FY 2023 CPI Food Away from Home Index 6.54% Greater of Market Basket to August CPI - Food Away from Home 6.54% ■ * This category includes all menu items that are not otherwise included in another Menu Category. ARAMARK applies the BLS CPI Food index to the "Grocery" Menu Category for the calculation. The "Food" index encompasses the items in all Menu Categories in addition to food items not used at the facility or facilities covered by this Agreement. 219513.1725