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HomeMy WebLinkAbout2019-07-09 Meeting Minutes Public Safety Committee Meeting Commission Chamber - 7/9/2019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; D. Williams, Chairman; Garrett, Vice Chairman; B. Williams and Sias, members. PUBLIC SAFETY 1. Approve Amendment to the Inmates Food Services Contract with Trinity Food Services Group, Inc. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Unanimous consent is given to add this item to the agenda. Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Sammie Sias Passes 2. Motion to approve the Augusta Fire Department’s fund balance as the funding source of fire suppression holiday compensation for the July 4, 2019 holiday extension through July 5, 2019 for all employees that was approved by Commission at the June 27, 2019 Commission Meeting. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Sammie Sias Commissioner Bobby Williams Passes 3. Motion to approve the minutes of the Public Safety Committee held on June 11, 2019. Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Sammie Sias Passes 4. Motion to approve and award the Inmate Food Services for the Richmond County Sheriff's Office to Aramark Correctional Servicesfor the effective date of August 1, 2019. RFP 19-199 Item Action: Approved Motions Motion Type Motion Text Made By Seconded By Motion Result Approve Motion to approve. Motion Passes 4-0. Commissioner Bobby Williams Commissioner Sammie Sias Passes 5. Discuss status of the demolition of 401 Walton Way; progress with the development of new juvenile court and training facility. (Requested by Commissioner John Clarke) Item Action: Rescheduled Motions Motion Type Motion Text Made By Seconded By Motion Result Defer Motion to refer this item to the next committee meeting. Motion Passes 4-0. Commissioner Sammie Sias Commissioner Bobby Williams Passes www.augustaga.gov Public Safety Committee Meeting 7/9/2019 1:10 PM Attendance 7/9/19 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Safety Committee Meeting 7/9/2019 1:10 PM Amendment to Inmates Food Services Contract Department:Richmond County Correctional Institution Presenter:Evan Joseph Caption:Approve Amendment to the Inmates Food Services Contract with Trinity Food Services Group, Inc. Background:In January 2016, the City of Augusta entered into a contractual agreement with Trinity Food Services Group, Inc. to manage the Inmates Food Services at the Richmond County Correctional Institution. The contract is scheduled to expire on June 30, 2019; however, the vendor has agreed to extend the term through August 31, 2019 until the current on-going RFP process is completed. Analysis:Approval of the amendment will allow continual operation of the Inmates' Food Services Financial Impact: Alternatives: Recommendation:Recommend approval of the amendment Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: Public Safety Committee Meeting 7/9/2019 1:10 PM Funding Source - Suppression Firefighter Compensation for July 4, 2019 Holiday Extension through July 5, 2019 Department:Fire Presenter: Caption:Motion to approve the Augusta Fire Department’s fund balance as the funding source of fire suppression holiday compensation for the July 4, 2019 holiday extension through July 5, 2019 for all employees that was approved by Commission at the June 27, 2019 Commission Meeting. Background:At the June 27, 2019 Commission Meeting, the Commission approved an extension of the July 4th holiday to include July 5th for all employees and to compensate 24-hour fire suppression personnel. Nine (9) additional hours were added to all fire suppression personnel timecards on pay period ending June 28, 2019. Analysis:To ensure all employees receive compensation for the holiday extension, nine (9) additional hours of regular time was manually added to all 24-hour fire suppression timecards on pay period ending June 28, 2019. Funding for this expense was not included in the 2019 approved Fire Department budget; therefore, a funding source must be identified for the incurred salary costs. Financial Impact:The Augusta Finance Department has estimated the addition of these hours to be $87,600. Funds are available in the Augusta Fire Department fund balance. Alternatives:None Recommendation:To approve the motion to approve the Augusta Fire Department’s fund balance as the funding source of fire suppression holiday compensation for the July 4, 2019 holiday extension through July 5, 2019 for all employees that was approved by Commission at the June 27, 2019 Commission Meeting. Funds are Available in the Following Accounts: Funds in the are available in the Augusta Fire Department fund balance. REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Safety Committee Meeting Commission Chamber - 611112019 ATTENDANCE: Present: Hons. D. williams, chairman; Garrett, vice chairman; B. Williams and Sias, members. Absent: Hon. Hardie Davis, Jr., Mayor. PUBLIC SAFETY 1. Motion to accept Criminal Justice Coordinating Council FY20 Grant Award for State Court Accountability Court DUI and Veterans Court Programs in the amount of $172,742.00. Item Action: Approved Motions Motion Type Approve Motion Text Made By Seconded By Motion to approve. Commissioner Commissioner Motion Passes Sammie Sias Brandon Garrett Motion Text Made By Seconded By Motion toapprove. Commissioner Commissioner Motion Passes Sammie Sias Brandon Garrett Motion Result Passes Motion Result Passes 4-0. 2. Approve the purchase of two additional partitions in the amount of $64,672.91 Item for the District Attorney's Office. Action: Approved Motions Motion Type Approve 4-0. 3. Motion to accept the award for the HazardMitigation Plan Update Grant fromGEMA and to authorize the Mayor to execute the appropriate documents. Item Action: Approved Motions X:11" Motion Text Made By Seconded By Motion f YPe -'---- -r vvvv'svu YJ ReSUlt Motion to Approve i[3i,ool'ru,,., ff,T,T#'Ji*.' ;:#il:'Hff:- passes 4-0. 4. Motion to approve a change order for I8AFA547 Mobile Emergency Item Operations Center Command Vehicle (MEOC) in the amount of $82,460.16 to Action: include a Motorola radio package, Dell computer package, and tethered drone. Approved Motions *j:'" Motion Text Made By seconded By Motionrype -.---- -r Result Motion to Approve ffi1,',X],'.u,,., S;,T,T,'j'Ji* ;:ffi::'ffi:- passes 4-0. 5. Motion to accept FY2020 Criminal Justice Coordinating County grant award ltem for Veterans Court Program in the amount of $107,253. Action: Approved Motions X:j:"' Morion Text Made By seconded By Motion t YPe '''--- -r vlvv'svs sJ ReSUlt Motion to Approve il5,',Xl'ru,,., ff##,,j'Ji*.' ;:#il:'ffi:* passes 4_0. 6. Motion to approve acceptance of FY2O2O Criminal Justice Coordinating Item Council-Adult Felony Drug Court Program grant award in the amount of Action:$346,657.00. Approved Motions Motion Type Approve Motion Text Made By Seconded By Motion Result Motion Result Motion toapprove. Commissioner Commissioner Motion Passes Sammie Sias Brandon Garrett Passes 4-0. 7. Motion to approve the Agreement with Georgia Emergency Management & Item Homeland Security Agency and approve acceptance of the grant award in the Action: amount of $20,000 (Grant No. SHO 18-003) and authorize the Mayor to Approved execute all required documents. 8. Motion to approve the Agreement with Georgia Emergency Management & Item Homeland Security Agency and approve acceptance of the grant award in the Action: amount of $20,000 (Grant No. SHO 18-027) and authorize the Mayor to Approved execute all required documents. Motions f#" Motion Text Made Bv Motion to ^ aDDrove.APProve uotio, passes 4-0. Commissioner Commissioner Sammie Sias Brandon Garrett Passes Seconded By Commissioner Sammie Sias 9. Motions ryJ:" Motion Text Made By Seconded By Motion to Approve ffi3,',o#rurr., 4-0. Motion Result Commissioner Brandon Garrett Passes Criminal Justice Coordinating Item Adult Mental Health Court Action: Approved Motion Result Passes Motion to approve the acceptance of FY 2020 Council grant award in association with the Program in the amount of $100,688.00. Motions f#:'" Motion rext Approve Made By Seconded By Motion to Commissioner Commissionerapprove. Sammie Sias Brandon Garrett Motion Passes 4-0. 10. Motion to approve the minutes of the Public Safety Committee held on May Item28,2019. Action: Approved Motions []jt1"' Motion Text Made By seconded By MotiontYPe - ----- -'t Result Motion to Approve il3,1ll'**,,, ffffi,:'Jl*" ;:#illl'ffi:- passes 4_0. 11. The Richmond County Sheriffs Office is requesting to proceed with the Item purchase of 400 Honeywell Surviair Opti-Fit tactical mask and accessories Action: for its deputies from W.W. Grainger Inc. for price of $82,488.50, low bid Approved #19-204. Motions X:j1" Motion Text Made By seconded By Motion r YPe -.---- -'I Result Motion to ^ approve. Commissioner CommissionerApprove Motion passes sammie Sias Brandon Garrett Passes 4_0. www.augustaqa.gov Public Safety Committee Meeting 7/9/2019 1:10 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Public Safety Committee held on June 11, 2019. Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: -1- OPERATING AGREEMENT - FOOD SERVICE This OPERATING AGREEMENT (the “Agreement”) is made as of August 1, 2019 (the “Effective Date”) by and between Augusta, Georgia, a consolidated government, with offices at 535 Telfair Street, Augusta, GA 30901 (the “County”), and Aramark Correctional Services, LLC, a Delaware limited liability company, having a place of business at 2400 Market Street, Philadelphia, Pennsylvania 19103 (“Aramark”). W I T N E S S E T H: 1. GRANT: The County hereby grants to Aramark the exclusive right to provide food service (excluding vending machine operation) for the County’s inmates, staff and visitors at the Richmond County Sheriff’s Office Detention Center located at 1941 Phinizy Road, Augusta, GA 30906 (the “Facility”). Aramark hereby agrees to furnish nutritious, wholesome, and palatable food to such inmates, staff and visitors 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 of Sciences as prescribed for inmates. C. The State of Georgia. 2. OPERATIONAL RESPONSIBILITIES: A. Facilities And Equipment: The County shall, at its expense, provide Aramark with adequate preparation kitchen, office and storage facilities at the Facility, completely equipped and ready to operate, together with such heat, refrigeration and utilities services (including telephone and internet service) as may be reasonably required for the efficient performance of the Agreement. The County shall furnish building maintenance services for the Facility and shall provide preventive maintenance and equipment repairs and replacements for the County-owned equipment. The County shall furnish and maintain an adequate inventory of serviceware, thermal tray and delivery equipment, pots, pans, beverage containers and utensils at the Facility. Should the County 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 County for, such equipment, repair, maintenance and replacement services or supplies. In that event, the County 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. -2- B. Emergency Plan: Aramark shall submit a contingency emergency plan to provide for meal 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 County shall assist Aramark by permitting reasonable variations in Aramark’s menu cycle 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 County. The term “Force Majeure” means any war, riot or other disorder, strike or other work stoppage, act of terrorism, fire, flood, or any other act not within the control of the party whose performance is interfered with, and which, by reasonable diligence, such party is unable to prevent. C. Meal Delivery: Facility personnel shall receive meals at the County kitchen, shall transport such meals to appropriate areas, and shall return all trays and delivery equipment to Aramark at the County kitchen, in a timely manner. D. Food 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 County shall be responsible for providing maintenance supplies and for maintaining kitchen appliances and equipment at the County’s expense. 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. E. Portion Size Requirements: All entrée 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 entrée portions made from scratch are based upon weight measurements after the food has been cooked according to standardized recipes. F. Menu: The menu served at the Facility may be modified in any way by mutual agreement of the parties. G. 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. The County shall provide janitorial services outside the kitchen facilities provided to Aramark. The County shall clean the vents and ductwork leading to the roof from food preparation areas. The County shall be responsible for extermination services and the removal of trash and garbage from the designated food service area. -3- H. 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. The County shall provide inmate workers at the Facility kitchen. The number of inmates required shall be determined by the County liaison and Aramark’s district manager prior to the commencement of operations. Such inmates shall be assigned duties in the food service operation that may include sanitation, food preparation and production, and storeroom functions. The County acknowledges that Aramark has invested considerable amounts of time and money in training its management and 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 management and supervisory employees. Therefore, the County agrees that management and supervisory employees of Aramark shall neither be hired by the County for the term of this Agreement and twelve (12) months thereafter, nor shall the County permit management and supervisory employees of Aramark to be employed on the County’s premises for a period of twelve (12) months subsequent to the termination of this Agreement (unless such employees were formerly employees of the County). For the purpose of this prohibition, “management and supervisory employees” shall be defined as those persons who have directly or indirectly performed management or professional services on the County’s premises at any time during the twelve (12) month period immediately preceding termination of this Agreement. In addition, the County agrees that if it violates the conditions set forth in the immediately preceding paragraph, then the County 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 management or supervisory employee hired by the County or allowed to work on the County’s premises in violation of the terms of this Agreement. The County 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. If Aramark incurs any costs, including legal fees, retroactive wages and damages, as a result of any personnel action taken by the County or by Aramark at the direction of the County, which Aramark would not have taken but for the County’s direction, the County shall reimburse Aramark for such costs. I. Equal Employment Opportunity: Aramark and the County 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 County 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. -4- J. Insurance: Aramark shall provide and maintain the following insurance coverage: Worker’s Compensation insurance as required by law. Comprehensive General (Public) Liability to include (but not be limited to) the following: Premises/operation; independent contractors; bodily injury; products/completed operation; contractual liability with a combined single limit for bodily injury and property damage of $1,000,000.00 per occurrence. Aramark may satisfy these requirements through a combination of primary and excess coverage. The County and Aramark waive any and all right of recovery from each other for property damage or loss of use thereof, howsoever occurring. This waiver shall include, but not be limited to, losses covered by policies of fire, extended coverage, boiler explosion and sprinkler leakage. This waiver shall not apply to claims for personal injury or death. Any insurance coverage (additional insured or otherwise) that Aramark provides for the County, its officers, employees, agents and servants shall only cover liability assumed by Aramark in this Agreement; such insurance coverage shall not cover liability in connection with or arising out of the wrongful or negligent acts or omissions of the County or its officers, employees, agents and servants. K. 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 County 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 County 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 County’s premises. The County 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 Substances. Aramark has advised the County 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 County or a third party retained by the County. 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 County. 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. -5- L. Indemnification: Aramark agrees to indemnify, defend and hold harmless the County from and against any and all losses, injuries, demands, expenses, or reasonable attorney’s fees, arising out of or resulting from claims or actions for bodily injury, death, sickness, property damage, or other injury or damage if caused by the negligent act or omission of Aramark. M. Damages: Aramark’s liability hereunder shall not under any circumstances exceed the greater of (a) two (2) percent of the 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.J.), less any applicable deductible. In no event will either party be liable to the other party for any loss of business, business interruption, consequential, special, indirect or punitive damages. N. Compliance With Laws: Each party hereto shall comply with all statutes, lawful ordinances, regulations and requirements, federal, state, and local applicable to their activities hereunder. The County shall provide reasonable and adequate physical security at all times for Aramark employees, suppliers, management and other authorized visitors. O. License, Fees, Permits, And Taxes: Aramark shall secure and pay for all federal, state and local licenses, permits and fees required for the food service operation. The County 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 County further agrees to notify Aramark promptly in the event of a change in its tax-exempt status. 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 County, notwithstanding the fact that this Agreement may have expired or been terminated for any reason by either party prior to the date of such determination. 3. FINANCIAL AND ACCOUNTING ARRANGEMENTS: A. Meal Service and Prices: Aramark shall provide meals to the County’s inmates, staff and visitors at the per meal prices set forth in Attachment A. Aramark will provide, at no additional cost, a lacto-ovo vegetarian and/or vegan diet for all religious requests from the administrative or religious authority. Other religious meals requested by the administration or religious authority, such as prepackaged meals, shall be provided at a price to be mutually agreed in advance. The County shall notify Aramark of the actual number of meals ordered each day at a mutually agreed upon time prior to meal service, and the County 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. -6- B. Price Adjustments: The per meal prices stated in this Agreement are firm for the period beginning on the Effective Date and ending on December 31, 2019. Per meal prices for each subsequent 12-month period shall be increased 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 B; provided, however, that in the event no agreement is reached with respect to such increase, per meal prices shall be increased 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 July of the immediately preceding year to July of the then-current year (the “Base Period”). As set forth on the sample client statement attached as Attachment C, 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 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 C for an example of the Market Basket of Products calculation. -7- C. Additional Services: Food, beverage and other services required or desired by the Facility outside the scope of this Agreement (including Fresh Favorites) shall be provided by Aramark upon written authorization by the County and/or Sheriff at mutually agreed upon prices for such services. D. Initial Four-Week Payment: Prior to the commencement of operations hereunder, Aramark shall submit to the County an invoice for an amount equal to the estimate of Aramark’s total meal billings for one (1) four-week accounting period (the “Initial Payment”). Prior to each anniversary of the commencement of operations hereunder, Aramark shall submit to the County an invoice in an amount equal to the increase, if any, or a credit memo for the decrease, if any, in such Initial Payment from the amount previously billed. The foregoing payments shall be retained by Aramark and credited to the County at the time of the last billing made by Aramark to the County at the termination of this Agreement. E. Billing: Aramark shall submit to the County on the first day of every week, for the preceding week an invoice for inmate/staff meals ordered or served, whichever is greater, 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. Staff/visitor meals 3. Any additional food, beverage or other services, as required Aramark shall provide the County with a comprehensive monthly summary of meals, services and credits. This summary shall be forwarded to the County Administrator or his designee each month. F. 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 in the invoice. Payments only shall be sent to this address, all other correspondence shall be sent to the address set forth in Section 9 hereof. If any invoices are not paid within thirty (30) days of the invoice date, interest shall be charged on each invoice at One Hundred Twenty-Five Percent (125%) of the Prime Interest Rate 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. -8- 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 County agrees to pay reasonable attorney’s fees and other costs. 4. 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 County 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, fuel, equipment, utilities, supply, and labor costs; Federal, State and local sales, and other taxes and other operation costs; a change in Federal, State and local standards, requirements recommendations, and regulations including any applicable Child Nutrition Programs; or other unforeseen external market conditions outside Aramark’s control, then Aramark shall give County written notice of such increase or change, and within thirty (30) calendar days after such notice, Aramark and County 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, modifications to the menu, or modifications to Aramark’s scope of services. 5. ACCESS AND RECORDS: Aramark will maintain accurate books and records in connection with the food service operation and shall retain such records for thirty-six (36) months after the close of the federal fiscal year (October 1, through September 30). 6. TERM OF AGREEMENT: The initial term of this Agreement shall commence on August 1, 2019, and shall continue through December 31, 2019. By mutual agreement, this Agreement may be renewed for three (3) additional one year periods. Thereafter, the County and Aramark may extend this Agreement for additional periods of twelve (12) months each, provided that the services to be provided, and the prices thereof, for the extension period, have been mutually agreed upon by the County and Aramark. 7. 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 party. 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 party, specifying the nature of such breach or default. -9- C. Consequences Of Termination: If this Agreement is terminated under any circumstances, the County shall pay Aramark for all inmate and staff meals, and other services, provided by Aramark to and including the date of termination, at the prices and within the payment periods set forth in this Agreement. The County’s obligation to pay for meals and services provided shall survive the termination or expiration of this Agreement. Upon the expiration or any termination of this Agreement, the County 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. 8. 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 party at its respective address first set forth above, or such other address as it may designate, by notice given as aforesaid. 9. 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 County 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. 10. 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 County 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 County 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 materials containing any Aramark Proprietary Information shall be returned to Aramark. 11. ASSIGNMENT: Aramark may not assign this Agreement without the County’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. 12. PRESS RELATIONS: Aramark shall coordinate with the County Sheriff or Facility Administrator on any and all press or media releases. -10- 13. PUBLICITY RIGHTS: Neither Aramark nor County shall disclose the terms of this Agreement to any other person or entity outside its organization other than as required by law. Neither County nor Aramark and its Affiliates shall, without the other Party’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 Party’s marketing materials. 14. ENTIRE AGREEMENT: This Agreement represents the entire agreement and understanding between the County and Aramark and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the County and Aramark. 15. 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. 16. WAIVER: The failure of Aramark or the County 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. 17. 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. [NO FURTHER TEXT ON THIS PAGE; SIGNATURES FOLLOW] -11- Aramark Correctional Services, LLC Augusta, Georgia State of Georgia By: Mark R. Adams Vice President, Finance By: Hardie Davis, Jr. Mayor 550477.3 Attachment A Augusta, Georgia Effective August 1, 2019 through December 31, 2019 Type of Meal Price per Meal* Inmate Meals $1.085 Therapeutic Meals $1.085 Staff/Vendor/Visitor Meals $4.00** *The price each meal is based on the County’s 28 day Cycle Menu **The County is responsible for (1) collection of staff contribution of $2 per Staff Meal, and (2) payment to Aramark for any Staff Meals in full. For the avoidance of doubt, any failure to collect such staff contribution will not relieve the County of payment obligations identified herein. 550477.3 FORM OF AMENDMENT FOR IMPLEMENTING MARKET BASKET INCREASES Attachment B 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, 1101 Market Street, Philadelphia PA 19107 (“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 __ of Amendment 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 Attachment A 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 or in any other prior agreements between the parties. 2. Release: The methodology used to determine the price increase above, including the Category Weighting percentages ascribed to each Menu Category, 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. 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 [___________________________] By: _________________________ By: _________________________ David Kimmel Vice President Finance 550477.3 Attachment C Sample Client Statement - Market Basket of Products Calculation XYZ County Exhibit Market Basket Price Redetermination Statement Period Ended Current Month xxth, 2009 CATEGORY Menu Weighting Current Month Category CPI % Weighted CPI % Baked Goods 12.62% 8.83% 1.11% Beverage 5.68% 4.71% 0.27% Dairy 12.51% -5.00% -0.63% Grocery * 23.32% 4.80% 1.12% Produce 17.15% 1.00% 0.17% Protein 28.73% 5.20% 1.49% TOTAL 100.00% 3.54% Current Month CPI Food Away from Home Index 4.76% Greater of Market Basket to Current Month CPI - Food Away from Home 4.76% XYZ County Exhibit Market Basket Price Redetermination Statement Period Ended Current Month xxth, 2009 CATEGORY Menu Weighting Current Month Category CPI % Weighted CPI % Baked Goods 12.62% 8.83% 1.11% Beverage 5.68% 4.71% 0.27% Dairy 12.51% 6.00% 0.75% Grocery * 23.32% 4.80% 1.12% Produce 17.15% 1.00% 0.17% Protein 28.73% 5.20% 1.49% TOTAL 100.00% 4.92% Current Month CPI Food Away from Home Index 4.76% Greater of Market Basket to Current Month CPI - Food Away from Home 4.92% Notes  * 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. Request for Proposal Request for Proposals will be received at this office until Thursday, April 4, 2019 @ 11:00 a.m. for furnishing: RFP Item #19-199 Inmate Food Services for Augusta, GA – Sheriff’s Office RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of: Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901 RFP documents may be viewed on the Augusta Georgia web site under the Procurement Department ARCbid. RFP documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605, Augusta, GA 30901. A Mandatory Pre Proposal/Telephone Conference will be held on Tuesday, March 19, 2019, @ 3:00 p.m. in the Procurement Department, 535 Telfair Street, Room 605. If you choose to teleconference there is a $35.00 fee. Make the $35.00 check payable to “Augusta Georgia Commission” and mail to Geri A. Sams, Director Augusta Procurement Department 535 Telfair Street - Room 605 Augusta, Georgia 30901. All questions must be submitted in writing by fax to 706 821-2811 or by email to procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, March 21, 2019 @ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered. No RFP may be withdrawn for a period of 120 days after bids have been opened, pending the execution of contract with the successful bidder(s). Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. All specific requirements contained in the request for proposal including, but not limited to, the number of copies needed, the timing of the submission, the required financial data, and any other requirements designated by the Procurement Department are considered material conditions of the bid which are not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the envelope. Proponents are cautioned that acquisition of RFP documents through any source other than the office of the Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the proponent at the risk of receiving incomplete or inaccurate information upon which to base their qualifications. Correspondence must be submitted via mail, fax or email as follows: Augusta Procurement Department Attn: Geri A. Sams, Director of Procurement 535 Telfair Street, Room 605 Augusta, GA 30901 Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov GERI A. SAMS, Procurement Director Publish: Augusta Chronicle February 21, 28, March 7, 14, 2019 Metro Courier February 21, 2019 OFFICIAL VENDORS Attachment "B"E-Verify #Addendum 1 SAVE Form Original 7 (Electronic) Copies Fee Proposal TRINITY SERVICE GROUP, INC 477 COMMERCE BLVD. OLDSMAR, FL 34677 YES 1213595 YES YES YES YES YES SUMMIT 500 E. 52ND STREET NORTH SIOUX FALLS, SD 57104 YES 973392 YES YES YES YES YES ARAMARK CORRECTIONAL SERVICES, LLC 2400 MARKET STREET PHILADELPHIA, PA 19103 YES 350685 YES YES YES YES YES KELLWELL P.O. BOX Z BEATTYVILLE, KY 41311 TRINITY/KEEFE 1371 TRADEPOINT DR JACKSONVILLE, GL 32218 RFP Item #19-199 Inmate Food Services for Augusta, Georgia - Sheriff's Office RFP Date: Friday, April 5, 2019 @ 11:00 a.m. Total Number Specifications Mailed Out: 10 Total Number Specifications Download (Demandstar): 60 Total Electronic Notifications (Demandstar): 1 Georgia Procurement Registry: 487 Mandatory Pre-Proposal/Telephone Conference Attendees: 5 Total packages submitted: 3 Total Noncompliant: 0 Page 1 of 1 19-199 OFFICIAL TAB TRINITY SERVICE GROUP, INC 477 COMMERCE BLVD. OLDSMAR, FL 34677 SUMMIT 500 E. 52ND STREET NORTH SIOUX FALLS, SD 57104 ARAMARK CORRECTIONAL SERVICES, LLC 2400 MARKET STREET PHILADELPHIA, PA 19103 TRINITY SERVICE GROUP, INC 477 COMMERCE BLVD. OLDSMAR, FL 34677 SUMMIT 500 E. 52ND STREET NORTH SIOUX FALLS, SD 57104 ARAMARK CORRECTIONAL SERVICES, LLC 2400 MARKET STREET PHILADELPHIA, PA 19103 Evaluation Criteria Ranking Points 1. Completeness of Response • Package submitted by the deadline • Package is complete (includes requested information as required per this solicitation) • Attachment B is complete, signed and notarized N/A Pass/Fail PASS PASS PASS PASS PASS PASS 2. Qualifications & Experience (0-5)15 4 5 5 60 75 75 3. Organization & Approach (0-5)15 2.5 5 4.5 37.5 75 67.5 4.Scope of Services Quality Assurance of food to be supplied as reference in the specifications. b. Management Services team ability to provides the quality and quantity of food. c. Management ability to provide supervision of vendors and properly communicates with the commanding officer. (0-5)25 2 5 5 50 125 125 5. Schedule of Work (0-5)5 2.5 4.5 4.5 12.5 22.5 22.5 6. References (0-5)5 2.5 5 4.5 12.5 25 22.5 Within Richmond County 5 10 0 0 0 Within CSRA 5 6 0 0 0 Within Georgia 5 4 0 0 0 Within SE United States (includes AL, TN, NC, SC, FL) 5 2 5 10 0 0  All Others 5 1 5 5 0 5 5 13.5 24.5 23.5 182.5 327.5 317.5 8. Presentation by Team (0-5)10 0 0 0 9 Q&A Response to Panel Questions (0-5)5 0 0 0 Lowest Fees 5 10 5 0 0 50 Second 5 6 5 0 30 0 Third 5 4 0 0 0 Forth 5 2 0 0 0 Fifth 5 1 0 0 0 Total Phase 2 - (Total Maximum Ranking 15 - Maximum Weighted Total Possible 125) 0 5 5 0 30 50 13.5 29.5 28.5 182.5 357.5 367.5 Procurement DepartmentRepresentative:______Nancy Williams______________________________________ Procurement Department Completion Date: 4/24/19 Phase 2 (Option - Numbers 8-9) (Vendors May Not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) Internal Use Only Total Cumulative Score (Maximum point is 500) Evaluator: Cumulative Date: 4/24/19 10. Cost/Fee Proposal Consideration (only choose 1 line according to dollar value of the proposal in relation to all fee proposals - enter the point value for the one line only) Total (Total Possible Score 500) Total (May not Receive Less Than a 3 Ranking in Any Category to be Considered for Award) 7. Proximity to Area (only choose 1 line according to location of the company - enter the ranking value for the one line only) Vendors Phase 1 Total - (Total Maximum Ranking 25 - Maximum Weighted Total Possible 375) Phase 1 RFP Item #19-199 Inmate Food Services for Augusta, Georgia - Sheriff's Office Evaluation Meeting: Thursday, March 18, 2019 @ 1:00 p.m. Scale 0 (Low) to 5 (High) Ranking of 0-5 (Enter a number value between 0 and 5)Weighted Scores Public Safety Committee Meeting 7/9/2019 1:10 PM Motion to approve the Inmate Food Services Contract for the Richmond County Sheriff’s Office Department:Richmond County Sheriff's Office Presenter: Caption:Motion to approve and award the Inmate Food Services for the Richmond County Sheriff's Office to Aramark Correctional Servicesfor the effective date of August 1, 2019. RFP 19-199 Background:Since pre-consolidation, the Richmond County Jail has provided a food service provider for inmates. In January 2012, the Richmond County Sheriff’s Office entered into a contract agreement with Trinity Food Services. Since 2012, the Sheriff’s Office has experience changes in inmate population and cost increases. On March 18, 2019, the evaluation team rated the qualified vendors that submitted proposals and discussions included, inmate food services cost per day, staffing and benefits, and litigation. In conclusion, Aramark was ranked as the most qualified vendor. Analysis:The annual operating budget of the Richmond County Sheriff's Office includes funding for the inmate Food Services Contract each year. The City of Augusta Legal team will negotiate with Aramark for the month of July as an emergency procurement. Financial Impact:The Inmate Food Services agreement prices are stated in the contract. The per meal prices for each subsequent 12-month period shall be increased on each anniversary of the effective date by an amount to be mutually agreed upon and set for in an amendment. The County is responsible for 1 collection of staff contribution of $2.00 per staff meal, and 2 payments to Aramark for any Staff in full. Inmate meals $1.085 per meal Therapeutic Meals $1.085 per meal Staff/Vendor/Visitor Meals $4.00 per meal Alternatives:None Recommendation:The Richmond County Sheriff's Office recommends that the Food Services contract be award to Aramark for the initial cost of $697,328.72 for August 1, 2019- December 31, 2019 (invoices) and July transition invoice. Funds are Available in the Following Accounts: Funding is available in account 273032511-5317110 for the 2019 budget. REVIEWED AND APPROVED BY: Finance. Procurement. Law. Administrator. Clerk of Commission AGENDI. ITEM REQUEST FORM Ccmmission meetings: First and third ruesdal.s of each month - 2:00 p.m. committee meetings: second and last Tuesdays of each month - 1:00 p.m. commission/committee: (Please check one and insert meeting date) Commission Public Safety Committee Public Services Committee Administrative Services Committee Engineering Services Committee Finance Committee Date of Meeting Date of Meeting Date of Meeting_DateofMeeti"gW 1q Date of Meeting ,/ ' Date of Meeting Contact rnformation for IndividuavPresenter Making the Request: Name: iTa/b' ( , , Re-Address: Telephone Number: Fax Number: E-Mail Address: on/Topic of Discussion Please send this request form to the following address: Ms. Lena J. Bonner Clerk of Commission Suite 220 Municipal Building 535 Telfair Street Augusta, GA 30901 Telephone Number: Fax Number: E-MaiI Address: 706-821-1820 706-821-1838 nmorawski@au gustaga. gov Requests may be faxed, e-mailed or delivered in person and Office no later than 9:00 a.m. on the Thursday preceding meeting of the following week. A five-minute time limit will must be received in the Clerk's the Commission or Committee be allowed for presentations. Public Safety Committee Meeting 7/9/2019 1:10 PM New juvenile court and training facility. Department: Presenter:Commissioner John Clarke Caption:Discuss status of the demolition of 401 Walton Way; progress with the development of new juvenile court and training facility. (Requested by Commissioner John Clarke) Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: