HomeMy WebLinkAboutA-04-041 (A-02-118-II) ARAMARK CORRECTIONAL SERVICES.pdf. ,..,.,.. ... hl.:.l7
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Agret'tnent 04-041
1 AMENDMENT II TO AGREEMENT
2 THIS AME~MEJ\T, hereinafter referred to as Amendment II, is made and entered into
3 3rd day
4 Political Subdivision of the State of California, hereinafter referred to as "COUNTY", and
5 ARAMARK CORRECTIONAL SERVICES, INC., a Delaware Corporation, whose address 1801
6 South Meyers Road, Suite 300, Oakbrook Terrace, IL 60181, hereinafter referred to as
7 .. CONTRACTOR" (collectively the "parties").
8 WHEREAS the parties entered into that certain Agreement, identified as COlJNTY Agreement
9 No. A-02-1,18, effective April 9, 2002, and Amendment I to that Agreement, effective July 1, 2002,
10 hereinafter collectively referred to as .. the Agreement", whereby CONTRACTOR agreed to provide
11 inmate and staff meals for COUNTY's Correctional Facilities; and
WHEREAS the parties desire to amend the Agreement to provide tor food service to the
13 Psychiatric Health Facility (PHF) and Psychiatric Assessment Center for Treatment {PACT), without
14 in any way adversely effecting the provision of food service to COVNTY's Correctional Facilities
15 under the Agreement
16 WHEREAS, the COUNTY's Human Services System (HSS) has a need for full service meals at
17 COUi'JTY's PHF and PACT, and
18 WHEREAS, the CONTRACTOR is willing to provide such additional full service meals to the
19 COUNTY; and
20 1. FOOD SERVICES TO PHF AND PACT
21 In addition to providing food services management for Fresno County Correctional
22 Facilities set forth in the Agreement, COKTRACTOR agrees to provide food services management for
23 the PHF and PACT as set forth in this Amendment II. It is the intent of the parties to provide for food
24 service management at additional County facilities without in any way adversely altering the provision
25 of food service management for Fresno County Correctional Facilities as set forth in the Agreement.
26 CONTRACTOR will provide food services at the PHF and PACT, located at 4411 E.
27 Kings Canyon Road, Fresno, CA 93702. as indicated in Exhibit A. attached hereto and by this
28 reference incorporated herein.
1 . ffiUNIY OF FRES:-\0
l;resno, CA
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COUNTY reserves the right to modify, add, or eliminate food service needs at any
location. Such modification, addition, or elimination of food service requirements shall not affect the
obligation of CONTRACTOR with respect to other COUNTY facilities.
2. COMPENSATION
For food services management provided forthe PHF and PACT pursuant to this
Amendment II, COUNTY agrees to pay CONTRACTOR and CONTRACTOR agrees to accept
compensation based on CONTRACTOR's correctly completed monthly invoices submitted for
services provided during the proceeding month. COUNTY shall pay CONTRACTOR Two Dollars
and 75/l 00 ($2. 75) per meal plus applicable State and local sales or use tax for each breakfast, lunch
and dinner meal served to COUNTY's consumers (this shall include aU utensils and condiments).
·CONTRACTOR's staff shall serve bulk meals to individual consumers. COUNTY shall pay
CONTRACTOR for snacks served to both PHF and PACT consumers per usage according to Exhibit
B, attached hereto and by this reference incorporated herein. In no event shall services performed
under this Amendment II be in excess of One Hundred Sixty-Five Thousand Five Hundred and
No/ I 00 Dollars ($165,500.00) for the seventeen { 17) month period commencing the I st day of
February, 2004 through June 30,2005. Any increase in meal or snack cost must be pre-approved by
the COUNTY's Human Services System, Department of Adult Services Director, or designee, in
writing.
3. INVOICES
CONTRACTOR will present an invoice weekly, in triplicate, for food services
management provided for the PHF and PACT pursuant to this Amendment II, and shall be submitted
to COUNTY's Human Services System, Department of Adult Services, Division Manager, Intensive
Services, 4411 E. Kings Canyon Road, Fresno, CA 93702. Within forty-five (45) days after receipt
and verification of the accuracy of the invoice, COlr.'JTY will remit payment to CONTRACTOR.
4. QUARTERLY REPORTS-PHF AND PACT
'CONTRACTOR shall present to COUNTY's Human Services System, Department of
Adult Services, a quarterly report for the PHF and one for the PACT. 'Ibe report shall indicate the
number of meals served and itemized by ethnic and special diets and the type and number of snacks
-2 -0 >t:t\TY 01' FRESI\:0
Fresno. Ct\
1 provided for the PHF and PACT.
2 s. NOTICES
3 Any notices to be given pursuant to the terms of this Agreement shall be given in writing
4 either by personal delivery or by mail, registered or certified, with postage prepaid and return receipt
5 requested. Mailed notices shall be addressed to the parties at their respective business addresses as set
6 forth below:
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11 6.
COUNTY
Director, Fresno County
Department of Adult Services
4441 E. Kings Canyon Road
Fresno, CA 93702
CONTRACTOR
ARAMARK Correctional Services, Inc.
180 I S. Meyers Road, #300
Oakbrook Terrace, IL 60181
Attn: Daniel E. Jameson
COMPLIANCE WITH STATE REQUIREMENTS
12 CONTRACTOR recognizes that COUNTY operates its mental health system under an
13 agreement with the State of California Department of Mental Health, and that under said agreement
14 the State of California imposes certain requirements on COUNTY and its subcontractors.
15 CONTRACTOR shall adhere to aJI State of California requirements, including those identified in
16 Exhibit C, attached hereto and by this reference incorporated herein.
17 7. PROVISIONS OF AGREEMENT APPLICABLE TO AMENDMENT II
18 The following provisions set forth in the Agreement are applicable to this Amendment
19 II: Section V, Indemnification and Insurance; Section VI, Term; Section VII, Termination; Section
20 VIII, Audits and Inspection of Records; Section X, Assignment; Section XI, No Amendment Unless in
21 Writing; Section XIII, Governing Law; Section XIV, Performance Standards: Liquidated Damages;
22 and Section XIV, Entire Agreement.
23 8. EFFECTIVE DATE OF AMENDMENT II
24 This Amendment II shall become effective retroactive to the lst day of february, 2004.
25 Ill
26 Ill
27 Ill
28 Ill
-3 -COl :1'\TY OF FIU~SNO
Fresno, C:\
1 IN WITNESS WHEREOF, the panies hereto have executed this Amendment II to Agreement
2 as of the day and year first hereinabove written.
3 ATI'EST:
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BE&'JICE E. SEIDEL, Clerk
Board of Supervisors
APPROVED AS TO LEGAL FORM:
PHILLIP CRONIN,_COUNTY COUNSEL
COUNTY OF FRESNO
By~~~
Chairman, Board of Supervisors
CONTRACTOR:
ARAMARK CORRECTIONAL SERVICES, INC.
AP OVED AS TO ACCOUNT! ORM: Print Name: €~0t\
VI KI CROW, C.P.A., AUDlTOR-CONTROLLERI
TREASURER-TAX COLLECTOR Title: SeniQr" \Jjce PrP~dt>Y\"t
By~~~~~~~~~
REVIEWED AND RECOMM
APPROVAL:
REVIEWED AND RECOMMENDED
FOR APPROVAL
Chairman of Board, or
President, or any Vice President
By~~
Print Name: 'Pe13y r!.)v,_v-pb'-1
Title: ~\~n\-Se.~wa-e..1 Secre ry (of Corporation), or
any Assistant Secretary, or
Chief Financial Officer, or
any Assistant Treasurer
Tax LD. No.: 23-2778485
CA Sales Tax Permit #F-t 915090 (Out of State)
Mailing Address:
1801 South Meyers Road, #300
Oakbrook Terrace, IL 60181
Contact: Daniel E. Jameson
-4 • COUN'IY OF FRESNO
Fremo.CA
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Fund/Subclass:
Organization:
Account/Program:
Organization:
Account/Program:
EE:tn
1882asx
0001/10000
34101004
7055/0
56302491 PHF ($133,400)
563021 07 PACT ($32, 1 00)
7295/0
COUNTY OF .FRESNU
Fretno,CA
SCOPE OF WORK
Exhibit A
Page 1 of6
FOOD SERVICES FOR
PSYCHIATRIC HEALTH FACILITY (PHF)/
PSYCHIATRIC ASSESSMENT CENTER FOR
TREATMENT (PACT)
I. Food Services for PHF
A. DIETETIC MEAL SERVICE NEEDS:
Provide all dietetic meal services for consumers of the Fresno
County PHF, includlng but not limited to:
1. Prepare food at the County Kitchen and deliver it in bulk for
PHF consumers. Vendor will provide their staff to stay and
serve all consumers. Meals to include snacks, juices. milk
and other beverages.
2. Vendor will provide special diets in separate individual trays.
3. Vendor will provide all serving utensils.
4. Provide sack lunches when ordered. as well as meal service
requests for special events.
5. Obtain tray counts and list of special diets before every meal.
6. Meet selected tray-testing requirements.
7. Provide services seven (7) days per week, including
holidays.
B. DIETETIC MEAL SERVICE REQUIREMENTS:
1882aasx
1 . The total daily diet for consumers shall:
a) Be of the qualitY and in the quantity necessary to meet
the needs of the consumers. The menu is included as
part of Exhibit B, Pages Three (3) through Six (6).
b) Meet the "Recommended Dietary Allowances," glh
edition, 1980, or most current edition, adopted by the
Food and Nutrition Board of the National Research
Council of the National Academy of Science, adjusted to
1882aasx
Exhibit A
Page 2 of6
the age, activity and environment of the group involved.
c) Be comprised offood that is of good quality, and be
selected, stored, prepared and served in a safe and
healthful manner meeting all Federal, State and County
regulations and statutes governing the same.
2. Contractor shall prepare three hot meals per day:
a) Breakfast is scheduled at 7:30A.M. sharp.
b) Lunch is scheduled at 11:30 A.M. sharp.
c) Dinner is scheduled at 5:30P.M. sharp.
Not more than fourteen (14) hours shall elapse between
the third and first meal, as mandated by Federal and
State requirements.
3. The Contractor shall provide all necessary supplies,
containers. utensils etc. to transport and serve food to the
consumers. Disposable plastic utensils (spoon, fork, and
knife) paper napkins, salt, pepper, sugar, drinking straws
shall come in wrapped individual packets for each consumer.
4. The Contractor shall supply nourishing snacks to ensure
consumers receive adequate nutrition in conformance with
California Regulations Title 22, Section 70271. The
Contractor will supply the following juices and deliver
required amounts with breakfast:
a) Orange juice
b) Apple juice
c) Grape juice
d) 3 (64 ounce) containers of orange juice for oral
medication administration
5. Bedtime snacks shall be delivered with the dinner and may
include assorted fresh fruits, cookies, candy and nonfat milk
cartons {8 ounces) per consumer.
6. Snacks for consumers receiving a diabetic diet shall be
prepared by the assigned food service staff per the facility's
physician order and the Department's contracted registered
dietician's consultant.
a) 10:00 A.M. snacks shall be delivered with the
breakfast.
1882aasx
Exhibit A
Page3 of6
b) 2:00 P.M. snacks shall be delivered with the lunch
trays.
c) Bedtime snacks shall be delivered with the dinner
trays.
7. The Contractor shall telephone the PHF each day at 6:00
A.M., 10:00 A.M., and 4:00P.M. to obtain the patient count
and list of special diets.
8. The Contractor shall, at the end of the meal, gather all
utensils and consumer trays and return them to their food
service department so those trays may be cleaned for the
next meal.
9. Sack lunches, in lieu of regular hot meals, shall be provided
when ordered for consumers discharged to another location.
a) Sack lunches shall consist of a sandwich, 8 ounce juice
or other soft drink, fruit and cookies, unless otherwise
specifically ordered.
b) Sack lunches shall be delivered by the food services
personnel with the breakfast.
10. The contracted food service facility is responsible for
ensuring the hot and cold temperatures of the meals
delivered to the facilities meet Federal and State regulations.
Within 5 minutes of each meal delivery, a minimum of one
randomly selected bulk food container shall be tested with a
food thermometer by the facility nursing staff:
11.
12.
a) The hat food an those trays must register at least 140
degrees Fahrenheit.
b) The cold food on those trays (especially milk) must
register at least 45 degrees Fahrenheit or lower.
c) Should the food not measure to the above temperature,
the Nursing Services Manager shall be notified to take
appropriate action. ·
At least once a week, the PHF may request a special meal
for special events. The facility shall notify the Contractor at
least 72 hours in advance to assure that all requested
products will be obtained.
The Contractor shall supply special diet trays as j:?er the
facility's physician order. The following is a list of the
special diets that can be ordered by the physician:
a) Cardiovascular Diets (sodium restriction)
b) Renal Diets (chronic renal failure)
Exhibit A
Page 4 of6
c) Calorie-Controlled Diets (diabetes mellitus, obesity)
d) Food Sensitivity Diets
e) Vegetarian Diets
f) Pregnancy Diets
g) Dental Soft, Mechanical Soft Diets
h) Culturai Diets (Hispanic, Hmong, etc.)
i) Vegetarian Diets
13. The Contractor will be required to submit quarterly and
annual reports on the number of special ethnic (e.g. Hmong,
Hispanic) diets served and the number of special diets (e.g.
low-sodium, low-cholesterol, diabetic, etc) served.
11. Dietary Snack Food Services for PACT
The PACT unit requires snack items as ordered on a daily basis. seven days a
week. These will be delivered twice a day at the same time as the PHF breakfast
and lunch delivery times. Contractor will call daily at 6:00A.M. to find out the
number of PACT snack items to be delivered at the same time as the PHF
breakfast and again at 10:00 A.M. to find out the number of PACT snack items
for the second delivery with the PHF lunch. The County does not guarantee any
minimum order for each day.
A. PACT SNACK MEALS:
The required number of meals will be called in by staff on a daily basis
from the list of items on attached Exhibit B. pages one (1) and two (2).
B. PACT SNACK MEAL SERVICE REQUIREMENTS:
1. Provide services seven {7) days per week, tnctuding holidays.
2. All food shall be of good quality and be selected. stored, prepared and
served in a safe and healthful manner.
3. Food and beverages shall not have any expired serving dates.
Ill. ADDITiONAL REQUIREMENTS
A. QUALITY ASSURANCE
1882aasx
In the event the Contractor fails to deliver any meals or portions of meals
as agreed upon. as determined by the Department of Adult Services, the
Department of Adult Services may procure meals elsewhere and charge
the Contractor the additional cost of such replacement meals, plus any
Exhibit A
Page 5 of6
expenses incurred by the Department in procuring such replacement
meals.
The Contractor will be assessed liquidated damages for such additional costs
in the amount of one hundred dollars ($1 00) per hour plus the cost of food
and mileage. Any assessment for liquidated damages will be withheld from
the monies owed to the Contractor.
The Contractor shall establish and maintain records in accordance with those
requirements prescribed by the County. Except as otherwise authorized by
the County, the Contractor shall retain such records for a period of three (3)
years after receipt of the final payment under the executed Agreement or the
earlier termination of the agreement, or until all required audits have been
completed. Upon request, the Contractor shall make these records available
within the County to all authorized County. State {including the Auditor
General}, and Federal personnel.
No alcoholic beverages/drugs will be brought into the PACT, nor will
anyone under the influence of alcoholic beverages or drugs be allowed
inside.
B. INDEPENDENT STATUS OF CONTRACTOR
The Contractor hereby represents and agrees that it is engaged as an
independent Contractor and not as the agent, employee or servant of the
County; that is has and hereby retains the right to exercise control and
supervision of the work and full control over the employment, direction,
compensation and discharge of all persons assisting it in the work; that it will
be solely responsible for wages (including withholding of income taxes and
social security). taxes, worker's compensation, compliance with OSHA and all
employment related regulations relating to its employees; and that it will be
responsible for its own acts and those of its subordinates, employees and
agents during the term of this agreement. Contractor shall retain the
exclusive right to hire and fire and set the terms and conditions of
employment for its employees including wages. hours, fringe benefits, duties,
grievance procedures and labor relations matters. County shall not be
considered a joint employer, joint venturer or partner with Contractor.
C. EMERGENCIES
The Contractor shall provide services in the face of unexpected events; i.e .•
power failure, fire, riot, lockdown. labor strikes or act of God that would
preclude normal expectations.
D. CONTRACT REVISION/RENEWAl
1882aasx
The County reserves the right to either increase or decrease food service
requirement within the terms of the contract. The cost for the additional
services only will be negotiated at the time the request is made.
Exhibit A
Page 6 of6
E. SANITATION
The Contractor will obey all Federal. State and local laws and ordinances
regarding health. sanitation and safety. The Contractor shall provide medical
examinations as required by law for each employee and appropriate records
shall be kept on file for County inspection.
F. MEDICAL CLEARANCE
The Contractor will require medical clearance for any employee to return to
work after three (3) days absence for illness.
G. FOOD SAMPLES
The Contractor will save samples of all prepared foods for a period of not less
than forty-eight (48) hours of its service for testing in the event of an outbreak
of food poisoning. Samples must be clearly marked as to the dates and
times of preparation. service and storage.
H. ASSIGNMENT
The Contractor's rights and obligations cannot be transferred or
subcontracted without the written approval from the County. The County
incurs no liability to third persons for payment of any compensation provided
to Contractor.
I. RIGHTS OF INSPECTION/COMPLAINTS
The facilities operated under this Agreement with the County may be
inspected by Probation and Adult Service Department representatives for
security, sanitation, food standards, quality of food preparation and service,
Contractor employee performance or any other valid reason. After each
inspection, the Contractor will be advised in writing of unsatisfactory
conditions for which the Contractor is responsible. The Contractor will
promptly correct such deficiencies and communicate in writing, within five (5)
business days the solution to each problem, when it was corrected and what
has been done to prevent recurrence of the problem.
J. RENEGOTIATION
1882aasx
The fiscal arrangements in this Agreement are based on conditions existing
on the date Contractor commences operations, including, for example, the
PHF and PACT's resident population. food and supply costs, Federal, State
and local sales and other taxes, and other operation costs. In the event of a
change in such conditions. the financial terms and other obligations assumed
by Contractor shall be renegotiated in good faith on a mutually agreeable
basis to reflect such change. In the event the parties are unable to agree
upon changes to the financial terms or other obligations within sixty (60) days
after Contractor notifies the County of its belief there exists a changed
condition. Contractor may terminate this Amendment II (as may be amended
from time to time) without penalty upon thirty (30) days prior written notice.
Lll\ODUC'f l'rZM
NUMBER
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SNACK LIST
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PRODUCT COST
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Exhibit B
Page 1 of 6
APPLE
BANAN.U
ORANaES
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or NOODLES
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1882basx
138 cr
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HISS IN 12 PBR CS.
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NISSIH lZ PBR CS.
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CUPS
NISSIH lli\G 24 PSR CS.
HISSIH BAG 24 PElt cs.
HIISlH BAG 24 PBR CS.
NISSIH BAG 24 PBR C:S.
NlSSIH BAG 24 PElt CS.
NISSIH BAll 24 PER CS.
NISSIH BAll :a PER CS.
NISSIN BloO 24. PER CS.
NISSIN BAG 24 PER CS.
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Exhibit B
Page 2 of 6
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CERTIFICATE OF DELIVERY OF DOCUMENT
I am employed by the County of Fresno as a Deputy Clerk of the Board of Supervisors.
On February 3, 2004 I delivered a copy of Agreement 04-041 to the Chairperson of the Fresno
County Board of Supervisors.
~arlene Moumdjian
Deputy Clerk