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HomeMy WebLinkAboutARAMARK CORRECTIONAL SERVICES, LLC. 3D -2015INBURANCR ON FItE WORK MAY PROCEED UNTIL INSURANCE EXPIRES CLERK OF COUNCIL mm M DATE: /o- -2 --l_5 A- 2015 -412 E. In accordance with the terms and conditions of said Agreement, the parties wish to amend the compensation paid by the City to the Consultant from a set cost per meal to a sliding scale model, as shown in Exhibit A. The parties agree that the amendment will be effective as of February 1, 2015. The parties also agree to exercise the first of two one year extensions of the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: L Section 2.A, COMPENSATION, shall delete in its entirety subsection (a.) and replace it with the following. a, CITY agrees to pay, and ARAMARK agrees to accept as total payment for each Prime Option inmate meal served pursuant to this Agreement, a per meal cost as indicated in the attached sliding scale model (Exhibit "A" incorporated herein by reference as though incorporated in its entirety) determined by the weekly average daily population for that week. FOURTH AMENDMENT TO AGREEMENT 4 THIS FOURTH AiNiENDMENT TO AGREEMENT is entered into on January 20,20 15 by and between ARAMARK Correctional Services, LLC., a Delaware limited liability company ( "Consultant ") and the City of Santa Ana, a charter city and municipal corporation organized and ( existing under the Constitution and laws of the State of California ( "City "). RECITALS: A, The parties entered into that certain Agreement #A- 2012 -008, dated June 6, 2012, (hereinafter "said Agreement ") by which Consultant has provided meal service and j commissary services for the Santa Ana Police Department and Detention Facility, B. The parties entered into a First Amendment to Agreement # A- 2012 -194 dated September 17, 2012, amending the scope of services to provide for healthier innate meals and for the provision of kiosk payment for commissary services, increase compensation to pay for the new meal plan, and increase the cost of a meal to $1.98 effective September 1, 2011 C. The parties entered into a Second Amendment to Agreement #A -2013 -033 dated February 1, 2013, increasing the cost per meal 2,6% for a total of $2.03 a meal pursuant to the Consumer Price Index (CPI). D. The parties entered into a Third Amendment to Agreement #A- 2014 -024 dated January 21, 2014, increasing the cost per meal 2.1 % for a total of $2,073 a meal pursuant to CPI and by way of mutual agreement of the parties. E. In accordance with the terms and conditions of said Agreement, the parties wish to amend the compensation paid by the City to the Consultant from a set cost per meal to a sliding scale model, as shown in Exhibit A. The parties agree that the amendment will be effective as of February 1, 2015. The parties also agree to exercise the first of two one year extensions of the Agreement. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this Fourth Amendment to Agreement, the parties agree as follows: L Section 2.A, COMPENSATION, shall delete in its entirety subsection (a.) and replace it with the following. a, CITY agrees to pay, and ARAMARK agrees to accept as total payment for each Prime Option inmate meal served pursuant to this Agreement, a per meal cost as indicated in the attached sliding scale model (Exhibit "A" incorporated herein by reference as though incorporated in its entirety) determined by the weekly average daily population for that week. 2. Section 2.C, COMPENSATION, shall be added and shall read as follows: C. TOTAL AGREEMENT COMPENSATION During the term of this Agreement, the total compensation for the Agreement shall not exceed one million, four hundred and twelve thousand, one hundred and forty dollars and zero cents ($1,412,140.00). 3. Section 3, TERM, is amended to provide that the termination date of the Agreement is January 31, 2016 with one additional one year extension subject to approval of the City Attorney and Chief of Police. 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect, IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to Agreement on the date and year first written above. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR DAVID CAVAZOS Clerk of the Council City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney (�( By:U11� Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: v® Carlos Rojas Chief of Police ARAMARK CORRECTIONAL SERVICE, LLC. Mark Adams Chief Financial Officer Vice President of Finance Exhibit A City of Santa Ana, California Effective February 1, 2015 1Va. of Inmates* Price per Meal 255 — 304 $2.932 305 -354 - -�— E $2.598 355 -404 $2.366 405 -454 $2,235 r 455 —504 _ $2.177 505 — 615 - -� $2.177 1 *The total number of inmate meals served per week is divided by 21 in order to determine the price point on the sliding scale. These numbers include the 5% Market Basket increase for 2015. a °® CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 09/(09/20141 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT I T(UTE6A CRIT114CT.�ETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. , IMPORTANT: If the certificate holder is an ADDITIONALM0110 1e 0h�f "�ig )rrM�tI eendorsed. If SUBROGATION IS WAIVED, subjectto the terms and conditions of the policy, certain policies ma�BQ ujr� �n,�eq p B p�n(.p3tI tement on this certificate does not „onferrtghts to the certificate holder in lieu of such endorsement(s), I+L.L Ci C1 1i1 ! _.TI S ^' "- PRODUCER CONTACT Willie of Pennsylvania, Inc. a/o 26 Century Blvd. P. 0. Box 305191 Nashville, IN 37330 -5191 FHCNE FAX FXT$...... 7.... G. i. .4.'...�.�......_..---- .I -i&IG, `7.- ..'.%378.__" -MAR C�..i.4, is te8@willi6 Com INSURER(S)AFFORDING COVERAGE NAC0 _ INSURERA: AVE American Insurance Company 22667 -003 INSURED Aramark Refreshment Services, LLC INSURER B: Indemnity Insurance Company of North Amer 93575 -001 INSURER C: EACHOCCURRENCE Aramark Services, Ina. Its Divisions & Subsidiaries Aramark Tower, 1101 Market Street, 30th Floor INSURERO: X Philadelphia, PA 19107 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: 2 20 03517 REVISION NUMBER, THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PER TYPE OF INSURANCE ADD SUB POLICY NUMBER POLICY EPP POLICY EXP 10/1/2015 LIMITS A GENERALLIABILITY HDOG27335457 0/1/2014 EACHOCCURRENCE t 1,000,-000 X COMMERCIAL GENERAL LIABILITY _J CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMIGES fEa occurance MEDEXPiAnyarmpmom) $ $ 5 00 X, Licuor Law Liability PERSONAL B ADV INJURY_ $ _ 11;000 000 X_ Vendors Liabili EV GENERALAGGREG4TE PRODUCTS I$ One ........ _ GEN'LAGGREGATELIMITAPPrLIES PE R. PRO ! COMPIOPAGG I$None POLICY LOO I A AUTOMOBILE LIABILITY ISAH08827011 0/1/2014 10/1/2015 oMSadlNdgD�mcLE LIMIT 1,000,000 X ANYAUTO BODILY INJURY(Parpamory S I� ALL OWNED [-- SCHEDULED �._.. A UTOS __AUTOS BODILY INJURY(Per accident) g r HIREDAUTOS NON -OWNED AUTOS Vd&RiYSGE Per acnlden0 S 118 - Sedlf -Inaur Auto PAyal - -_.. _.- .._....__._S UMBRELLALIAB OCCUR EACHOCCURRENCE $ EXCESS UAB CLAIMS -MADE AGGREGATE $ OED RETENTION $ $ B WORKERS COMPENSATION ADS WLRC48013370 10/1/2014 X10/1/2015 X A AND EMPLOYERS' LIABILITY YJN ANY PROPRIETORIPARTN EWEXECUTIVE NIA CA &MA WLRC48013569 10/1/2014 (10/1/2015 E.L.EACHACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDEC9 rry1 d to NH) )f WI SCPC48013582 10/1/2014 ;10/1/2015 ELDISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1, DDa, 000 ySe6Re8rOb fonder DESCRIPTIOPIOFOPERATIONS nelow I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atmoh Acord 101, Additional Remarks Schedule, 11 more space is required) ARAMARK's General Liability and Auto Liability policies are noncancellable. Workers' Compensation notices of cancellation are in accordance with each state law. Products /Completed Operations and Contractual Liability are included under General Liability. 'TO r 'm Ref Beverage Services x�0'j9�,�V�D /)1.I t+� (continued on next page) ' City of Santa Ana City Attorney's Office 20 Civic Center Plaza M -29 Santa Ana, CA 92702 '-iz .-. ILI”, ri4V SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL RE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE CO11:4509214 Tpl:1858515 Cert:22003517 ©1988 -2011 ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD J 13 AGENCY CUSTOMER ID: LOCH: A� ADDITIONAL REMARKS SCHEDULE Pace 2 of 2 AGENCY NAMED INSURED Willis of Pennsylvania, Inc._ Aramark Refrssbment Services, LLC Aramark Services, Inc. Its Divisions & Subsidiaries Aramark Tower, 1101 Market Street, 30th Floor POLICY NUMBER See First Page Philadelphia, PA 19107 CARRIER NAIC CODE EFFECTIVEDATE: See First page See First Page AUDI I IUINAL KCIVIAKI\J THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25_ — ..FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE (continued) The City of Santa Ana its officers, ampleyees,.agents, volunteers and representatives are included as Add tional Insured per policy terms & conditions. Above insurance is primary and noncontributory to any other insurance as respects liability arising out of Aramark's negligent act or omission. insurance applies separately to each Insured as required by contract. w. t CItY �'��rn °A ACORD 101 (2008101) Coll:4509214 Tp1:1858515 Cert:22003517 @2008ACORD CORPORATION. All HOME rho ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company: ACE American Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy #HDOG27335457 relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana; California 92702; its officers, employees, agents, volunteers and representatives are included as additional insureds ( "additional insureds ") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured, 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an Insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective: October 1, 2014,, this endorsement form as a part of Policy #: 1= IDOG27335457 Issued to: ARAMARK Refreshment Services LLC Nan1ed Insured Countersigned by� Authorized Representative p�pPitt�'�ED c� �. S`IQRQK Assistant City Attorney r