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HomeMy WebLinkAbout2019-09-24 Meeting Minutes Public Safety Committee Meeting Commission Chamber - 9/24/2019 ATTENDANCE: Present: Hons. Hardie Davis, Jr., Mayor; D. Williams, Chairman; Garrett, Vice Chairman; B. Williams and Sias, members. PUBLIC SAFETY 1. Motion to approve the allocation of funding for the Richmond County Sheriff's Office (RCSO) in the amount of $35,790.00 implement the Justice Assistance Grant (JAG) Project Safe Neighborhood. 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 Brandon Garrett Passes 2. 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 Approve Motion to approve. Motion Passes 4-0. Commissioner Sammie Sias Commissioner Brandon Garrett Passes 3. Motion to approve the minutes of the Public Safety Committee held on September 10, 2019. 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 Brandon Garrett Passes 4. Motion to approve award of the Professional Management of (RCCI's) Inmates' Food Services to Aramark Correctional Services, LLC effective November 2019 subject to receipt of signed contract. RFP #19-220 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 Brandon Garrett Passes www.augustaga.gov Public Safety Committee Meeting 9/24/2019 1:05 PM Attendance 9/24/19 Department: Presenter: Caption: Background: Analysis: Financial Impact: Alternatives: Recommendation: Funds are Available in the Following Accounts: REVIEWED AND APPROVED BY: 1 The Criminal Justice Coordinating Council (CJCC) in partnership with the United States Attorney’s Office of the Southern District of Georgia is pleased to announce that we are seeking applications for funding under the Project Safe Neighborhoods (PSN) Grant Program. This program furthers the State of Georgia’s strategic goal to prevent or reduce crime and violence. 2018 Project Safe Neighborhoods (PSN): Violent Gang and Gun Crime Reduction Program Request for Application (RFA) Eligibility Applicants are limited to units of state and local government and private, non-profit community organizations located in the following locations: the City of Augusta, the City of Brunswick, and the City of Savannah, with a required partnership from state and local juvenile justice and community agencies, such as law enforcement, prosecutors, judicial agencies, family and youth services, schools, community- based organizations serving youth and adolescents, community associations, faith-based organizations, neighborhood planning units and other agencies serving high-risk youth and young adults as appropriate. Note: If an award is made, it must be administered by a unit of local government or a private organization holding non-profit status. Deadline: All applications are due at 5:00 p.m. on March 20, 2019 Available Funding: Approximately $106,803 Award Period: April 1, 2019 through March 30, 2020 Contact Information For assistance with the requirements of this solicitation, contact: Mia Smith, Planning and Policy Development Specialist, at 404-654-5693 or mia.smith@cjcc.ga.gov Ursula Kelley, Criminal Justice Supervisor, at 404-657-1968 or ursula.kelley@cjcc.ga.gov Release Date: February 11, 2019 *The award period is dependent upon when federal funding becomes available (if awarded) and, therefore, it may change. 2 Project Safe Neighborhoods (PSN) Program 2018 Project Application Project Safe Neighborhoods (PSN) Grant Program Overview History and Foundation The Project Safe Neighborhoods (PSN) Program was launched in 2001 as a gun crime reduction effort and was modified in 2006 to encompass initiatives seeking to reduce gang violence. PSN was built upon the foundations of previously-existing gang and gun crime reduction efforts. By studying these projects, the U.S. Department of Justice (DOJ) determined that successful crime reduction initiatives had three common elements: They were comprehensive, coordinated and community-based. Comprehensive—The most successful initiatives marry enforcement with prevention and deterrence efforts. Coordinated—Programs that ensure coordination between enforcement, deterrence and prevention efforts are more likely to succeed than those that do not. Community-based—The composition of gang and gun-related crime varies at the local level, and the resources available to address it vary from district to district. Accordingly, any national crime reduction program must remain sufficiently flexible for jurisdictions to implement it in a way that both responds to the specific problem in that area, and accounts for the particular local capacities and resources that can be dedicated. PSN represents the national commitment to reduce gun and gang-related crime in America by coordinating with existing local programs which target these crimes, and by providing those programs with the additional tools necessary for them to be successful. PSN’s five core elements - partnerships, strategic planning, training, community outreach and accountability) have guided the program since its inception. · The partnership element requires workable and sustainable partnerships with federal, state, and local law enforcement and prosecutors. · Community strategic problem-solving involves the use of data and research to isolate the key factors driving violent crime at the local level. · The outreach component incorporates communication strategies geared at residents, youth offenders, and other community members. · The training element underscores the importance of ensuring that each person involved in the gang and gun reduction effort—from the police officer; to the prosecutor; and the community outreach worker—has the skills necessary to be most effective. · The accountability element ensures that the PSN task force regularly receives feedback about the impact of its interventions to make necessary program adjustments. For more specific guidance with the development and implementation of your proposed project as it relates to the Project safe Neighborhoods (PSN) grant program, the link to the national PSN site can be accessed here. 3 Background and Guiding Principles The Criminal Justice Coordinating Council (CJCC) will make one award or multiple awards for approximately $106,803 for state or local governments or nonprofit agencies to provide services that will enhance and support the PSN strategy implemented in the Southern District of Georgia. Grant funds are designed for the following activities: · Establish and implement effective programs and strategies that enable PSN task forces to effectively and sustainably prevent, respond to, and reduce violent crime · Effectively use and integrate intelligence and analysis to identify high crime areas and prolific violent offenders into the strategic and tactical operations of PSN task forces and community agencies · Foster effective and consistent collaboration with community-based organizations and the diverse communities that law enforcement agencies serve, which increases public safety and reduces violent crime · Create and maintain ongoing coordination among local law enforcement officials, with an emphasis on prevention, tactical intelligence gathering, more vigorous and strategic prosecutions, and enhanced accountability Criminal Justice Coordinating Council (CJCC) The Criminal Justice Coordinating Council (CJCC) is the state administering agency for the federally- funded PSN program; as such, the CJCC will be the agency administering the PSN local grant program. This application kit provides information on the grant application guidelines. Application Deadline The deadline to submit applications under this announcement is 5:00 p.m. Eastern time on March 20, 2019. The CJCC highly recommends starting the process as early as possible to prevent delays in the application submission by the specified deadline. *The grant award date as stated is the anticipated award date. It is dependent upon when federal funding becomes available (if awarded) and, therefore, may change. 4 Eligibility Applicants are limited to units of state and local government, and private, non-profit organizations with IRS 501 (c) (3) status that can demonstrate a proven track record of providing suppression, prevention, intervention, community outreach, and/or reentry and case management services to ex-offenders in the Southern District of Georgia. For those applicants submitting an application as a non-profit, verification from the Internal Revenue Service (IRS) of non-profit 501 (c) (3) status signed by an authorized representative of the IRS is required. ALL non-profit applicants must submit this verification even if you are a current DOJ grantee and documentation is assumed to be on file. Purpose of the Award To provide applicants with the critical funding needed to design, develop, continue and/or implement specific components of a comprehensive PSN strategy, which includes partnerships, strategic planning and research integration, training, prevention and intervention, and accountability and data-driven efforts. Amount to be Awarded All awards are subject to the availability of appropriated funds and any modification or additional requirements that may be imposed by law. The total amount available under this solicitation is approximately $106,803. Eligible agencies are entitled to apply for funding under this solicitation knowing that the CJCC and USAO may make one award for the entire available amount, or multiple awards. The successful applicant will have no more than 12 months from the date of award to expend all funds. Applicants should assume that this is a one-time award; no continuation funding should be anticipated. Program Areas The project area described below consists of specific components of suppression, prevention, intervention, community policing, outreach and public awareness campaigns, reentry and prosecution. Collaboration between law enforcement, prosecutors, service providers and community organizations are crucial to the success of these programs and applications submitted under this program area will be required to show broad-based community support. Performance Monitoring and Evaluation Grant recipients will be required to collect and report quarterly and annually performance data in accordance with requirements of the Project Safe Neighborhood’s program measurements. To assist further in fulfilling the CJCC’s responsibilities and commitment to fund evidence-based and data-driven projects, the applicants who receive funding under this solicitation must provide quarterly outcome data that measure the results of their work. 5 Submission of performance measures data is not required for the application. Instead, applicants should discuss in their application their proposed methods for collecting data for performance measures. Please refer to the section “What an Application Must Include” (below) for additional information. Supplanting Federal funds must be used to supplement existing funds for program activities and cannot replace or supplant nonfederal funds that have been appropriated for the same purpose. Supplanting is prohibited under PSN. Budget Applicants must develop the estimated budget according to a standard format utilizing the forms on the CJCC’s website. Under each of the budget categories, the applicant must attach a budget narrative explaining the purpose for the funds. Restrictions on Use of Funds Funds cannot be used directly or indirectly for security enhancements or equipment to nongovernmental entities not engaged in criminal justice or public safety. Indirect costs, not limited to expenses such as accounting, payroll data processing, purchasing, personnel, and building use, may not be requested through this grant program. In addition, the following items are prohibited: · Vehicles, vessels, or aircraft · Luxury items · Real estate · Lobbying · Fundraising; · Construction projects · Gun locks · Gun buy-back programs · Air-time to run the national public service announcements “Mothers,” Sentenced,” and “Family Prison” WHAT AN APPLICATION MUST INCLUDE: This section describes what an application should include and outlines the components required to submit a complete application. Applicants should anticipate that failure to submit an application that contains all of the specified elements may negatively affect the review of the application; and, should a decision be made to make an award, it may result in the inclusion of special conditions that precludes access to or use of award funds pending satisfaction of the conditions. Moreover, applicants should anticipate that some application elements are so critical that applications unresponsive to the scope of the solicitation or that do not include a program abstract, project narrative, and budget detail worksheet including a budget narrative will be deemed ineligible for funding. 6 A. Abstract (One page or less) The abstract must provide an overall summary of the project and include a summary of the case management services, evaluation abilities, and offender recruitment strategies. The abstract must be single-spaced and drafted using a standard 12-point font. B. Program Narrative (5-10 pages) Applications should include narrative information using the format outlined below to explain the purpose, goals and objectives, implementation plan, participants, and evaluation methods for the proposed grant project. The program narrative must not exceed ten pages, must be double-spaced and must be printed in a standard 12-point font. Please number the pages “1 of 10”, “2 of 10”, etc. a. Statement of the Problem Describe the problem(s) you will be addressing in your program. Explain the nature and extent of gun violence problems in your community. Fully explain the specific problems your proposal addresses and provide statistical data (if available) to support your explanation. Describe who is experiencing the problem (an area of your community, people of specific age, race, gender, a segment of the criminal justice system, etc.). b. Project Operation/Activities Describe the expertise and background of the organization that qualifies you to carry out this program. Describe the length of time and specific experience the organization has in operating programs the programs for which funding is sought. Explain how your organization will be implementing the project and your operational protocol. Explain in detail how your project will work to include the target audience. Describe the activities that will take place in order to reach the goal(s) listed. Tasks should be listed as a timetable in which they will be completed (monthly or quarterly). c. Project Goals, Objectives, Performance Measures, Evaluation Methods, and Activities Describe what you expect your project to achieve when it is completed. Using concise sentences, clearly describe the long-term outcomes you expect to achieve, how you expect to monitor and evaluate it. Goals need to be both realistic and achievable. Performance measures document how you plan to measure the success of your project. Briefly describe how you will measure the success of your project. Describe the resources in place to collect the information, the methods of collection, and how the information will be reported. 7 C. Budget Worksheet and Budget Narrative Applicants are required to submit a draft budget and budget narrative outlining how the funds requested will be used to support and implement the program. This narrative should include a breakdown of costs, as well as how funds will be allocated across approved budget categories of Personnel, Fringe Benefits, Travel, Equipment, Supplies, Consultants/Contracts, and Other. The Budget Worksheet and Budget Narrative can be found on our website, https://cjcc.georgia.gov/. D. Additional Documents Applicants must attach job descriptions and resumes (if already in place) of key staff associated with the implementation of the proposed project. Applicants should also include a project timeline of the activities to take place and the goals to be achieved. Required Forms The following forms are required to be submitted along with the application: ___ Memorandum of Understanding with other Service Providers (if applicable) Reviewing the Application The CJCC and the U.S. Attorney’s Office are committed to ensuring a fair and open process for selecting applicants for this grant opportunity. A selection committee will review applications to make sure the information presented is reasonable, understandable, measurable, and achievable, as well as consistent with the solicitation. At any point during those reviews, a decision to not fund a project or any part of it may be made. These decisions are within the complete discretion of the PSN Task Force Funding Committee. When an application is received at the CJCC office, there is no commitment on the part of the CJCC to move it through to the next stage, fund an application or to fund it at the amount requested. All areas of the budget are subject to review and approval. Decisions related to these budget areas are based on both eligibility and reasonableness. Determinations of the reasonableness of budget items are fully within the discretion of the CJCC and are made both through objective tools and subjective decision-making. Funding Decisions All funding decisions related to this solicitation are made solely by PSN Task Force Funding Committee for the U.S. Attorney Office of the Southern District. The CJCC will inform the applicant of its decision through a letter. Applicants must not make any assumptions regarding funding decisions until they have received official written notification of award or denial that is signed by the Governor, CJCC Director or the U.S. Attorney of the Southern District of Georgia. 8 HOW TO APPLY Submit the completed application (which includes all of the required documents) to CJCC using Formstack. Please note that you will not be able to save an incomplete application and return at a later time. Ensure that you have all of the required information and attachments before submitting your documents. To be eligible for funding consideration, a complete application must be received by our office on or before the due date of March 20, 2019 at 5:00 P.M. No mail or e-mailed applications will be accepted. 9 APPLICATION CHECKLIST This checklist has been created to assist with developing the application. Eligibility Requirements: _______ Applicant agency meets eligibility requirements _______ Proposed Budget is within the allowable limits What an Application Must Include: _____ Program Narrative Other Required Forms: _____ Budget Detail Worksheet and Budget Narrative _____ Memorandum of Understanding (if applicable) _____ Job Descriptions and/or Resumes _____ Project Timeline Application of the Richmond County Sheriff’s Office Augusta, Georgia, PSN Grant A. Abstract The purpose of this project is to enhance the ability of law enforcement to apprehend and successfully prosecute subjects that are involved in illegal street gang activity. Data will be available to show how many times the software was used and how often it resulted in successful prosecution. B. Program Narrative Statement of the Problem The Augusta Judicial Circuit is comprised of Burke, Richmond and Columbia counties with a combined total of nearly 500,000 people. Richmond County is the most populated county and as such, the most concentrated source of violent crime in the area. While the presence of gangs in the area has been noted going back 20 years, it was not until 2015-2016 that law enforcement began noticing that our gang population was becoming less of the smaller “neighborhood gangs,” and more of the nationally known gangs with a wider territory. This observation led to an investigation that ultimately resulted in 17 members of the “LOE” gang, which started as a neighborhood gang and evolved into a Blood gang subset, being indicted under the Georgia Street Gang Terrorism and Prevention Act and RICO. This gang was targeted as one of the most violent and feared groups on the streets of Augusta. Once the investigation began, it became readily apparent that the resources at our disposal were not adequate enough to keep up with the ever-changing and ever-evolving activities of the gang. Often, the gang would conduct their transactions on social media platforms that the current state of technology would not allow our investigators to retrieve in a timely manner from their seized phones. Additionally, the group was sophisticated in their means of transportation making it difficult to conduct surveillance. They would switch cars and switch locations to areas that were impossible to surveil covertly. They also frequently used juveniles to conduct transactions, knowing that these individuals would be difficult to identify and would face significantly smaller penalties in the judicial system. They were calculated in their intimidation tactics and would often wait until the “heat” was off of them to shoot up a house or car and execute such a plan during hours they associated with shift change in law enforcement, coincidentally also being the time of day where they were least likely to encounter other people on the road. Since the LOE indictment, law enforcement has continued to see the same surveillance and technology issues with other groups in our area. These groups rule their neighborhoods by fear and the inability to identify and successfully prosecute these individuals only furthers their reign over otherwise law abiding citizens. Social media allows them to expeditiously broadcast their conquests to a much wider audience than they could 10 years ago. The majority of these crimes are committed in low-income housing areas and too many times there are no witnesses who will speak to what has happened out of fear and the inability to leave their living situation. This is also negatively affecting the prosecution of these individuals. Juries want witnesses who don’t change their story or a “smoking gun.” Having better technology would allow investigators a better chance of providing that concrete proof to the jury. The Richmond County Sheriff’s Office the District Attorney’s Office joined forces to prosecute LOE and effectively shut down this group by combining our efforts; however, our agencies were keenly aware that with better tools, we could have done much more. By using technology to aide in our investigations, it will allow law enforcement to make a more efficient use of time which will result in more effective violent crime eradication. Project Operation/Activities Since 2016, The Richmond County Sheriff’s Office has sent three (3) investigators to Advanced Gang Prosecution and countless others to various telecommunications technology courses to become more familiar with using technology to our advantage. Additionally, the District Attorney’s Office has one (1) investigator dedicated to taking the necessary courses to become familiar with the GreyKey Technology. This investigator has previously attended courses pertaining to other cellular technology systems and is familiar with other types of software that is similar, although inferior, to GreyKey. First, areas will be prioritized by geographical location where the most incidents of violent crime occur. Intersections with the most traffic will be prioritized with cameras and investigations will target illegal activity within these prioritized areas by allowing teams to use GPS locators in lieu of surveillance and fingerprint scanners to rapidly identify street contacts. Additionally, we will establish regular monthly or bi monthly communication meetings so that we can redirect the resources as needed and insure that we are working as intelligently as possible by pooling the intelligence collected. We also intend to utilize information from other departments within the county to make these assessments. Once the technology is obtained by both agencies, it will immediately be put in use. The District Attorney’s Office will also be making the GreyKey available for all of the 13 agencies that we serve in our 3 counties. This will cut down drastically on the time it takes for critical information being in hand for investigations for many agencies that simply cannot afford the system. Project Goals, Objectives, Performance Measures, Evaluation Methods, and Activities The goal of this project is to reduce violent crime. While the information gathering process will take time to establish, a 6 month goal would be to reduce the number of firearms and/or violent crime incidents by more than 5%. Another tool to measure the success of the operation would be by increasing the number of violent crimes that result in the case being closed by arrest. It would be ideal to increase the number of felony cases involving a weapon closed by arrest by 30%. Our agencies have partnered with Applied Research Services, Inc. to analyze and research arrest trends and crime data. C. Budget Narrative D. Supplies - Total: $35,790.00 Pro GPS Tracker Six US Fleet Trackers will give deputies/investigators the edge they need to solve all types of cases. From small crimes to complex criminal cases, tracking a suspect no longer requires an officer to spend a lot of time on stake-outs or patrolling large territories. GPS tracking systems are an enemy of a criminal on the move; within them, data regarding driving and travel history can be stored, recorded, or viewed in near real-time. Devices today are now built to be more compact, covert, and more durable than ever. GPS tracking units ensure that a suspect can be monitored, turn by turn, so we can gather enough evidence to lead to an arrest. 6 X $798.00 = $4,788.00 Axis Camera Analog security cameras have been known to lack the level of detail needed to properly identify criminals. Historically, many of the analog surveillance videos would be low-fi, blurry, and grainy. Fortunately, with modern city infrastructure, private security systems, and covert video surveillance, this is no longer as big of an issue. Many new security cameras record footage in ultra 4K HD. Covert Law Enforcement offers surveillance features, which include, but are not limited to tripwire settings, motion detection, and scene change alerts. When covert video surveillance equipment is combined with the appropriate video recorder and software, one deputy can perform the work that it would have traditionally taken several investigators many weeks to perform. 6 X $2,495.00 = $14,970.00 Genetac Video Software Law enforcement agencies, Community policing requires cooperation among police, citizens, and decision-makers in order to forge public-private partnerships that combat criminal activity. By making better use of data and technology to increase transparency and break down informational barriers between law enforcement and citizens, communities can collaborate to identify needs and establish best practices to maintain public safety. The Sheriff’s Office already has 18 cameras. All have the capacity and ability to work with the upgraded software package. A complete upgrade will allow all cameras to function as a unit, or separately, using the same operating system. 24 X $300.00 = $7,200.00 Fingerprint Scanner Mobile biometrics that used to look like science fiction has become a common tech now. Identity verification with portable fingerprint scanners is also on the same route. The devices and verification approaches have already seen day of light in many parts of the world. Law enforcement agencies understand that printed IDs are no more the trustworthy proof of identity. They can easily be manipulated or faked by fraudsters. This problem is not limited to ID cards. People have even manipulated secure documents like passports to hide their identity while crossing international borders. All these inadequacies associated with identity cards, documents and other possession or knowledge based identification methods have paved the way to put efforts in biometric identity verification on the go. Law enforcement officers face a practical problem of identifying individuals on the street. People often tend to hide their identity by giving fake names or misinformation. On-duty deputies do not have direct access to their office resources, which can offer a great help in verifying identity claims made by suspects. It limits their ability and forces them to depend on traditional approaches like checking ID cards or similar documents. It becomes much more complicated when such identification drive is induced by an incident not confirming with the law and a lot of people need to be identified. 3 X $2,944.00 = $8,832.00 Btforo a DeprrtmcnUagency nay apply for ahe grstrUawsrd on behalf of Augusta Ricbmotrd County, they mlst flrrt obtsiD rpprov.l 3igtr8ture frctrr the Admidstrstor 8Dd the FitrrDcc Direclor. The Admirirtr.tor wlu obt.in hformrtiotr or the grant program and requiremeuts from the frrnding agency and revlew th€re for fc{stbility to determlnc if thir granueward wi.ll beneflt Augustr RichEoDd CouDty. The Fitr8trce Dlrsctor wlll review thc fundhg rcqulrement to determlni tr thc grant wlll flt wlttir our burtgetstructurc rtrd filratrcirl gods, - P6ject Sil6 N;iih6'rhood;is-de-siflic r-oireai6;fe+ ;eiglb;rh-oods-throu-ebi -sustained reductiotr in cime associated with gang and gun viotenoe. AUGUSTA, GEORGIA New Grant ProposaVApplication EndDatc; 098012020 Dcpartmert 032 Totel Fundlng Agency: US Dept of Justic€ Federal Crimc conhol/Invest Contacts REGEIVIEIE ADMINISTRATOR'S OFFICE [{AR 2OMM AUGUSTA.RICTIMOND COUNTY Cash match required: No BEO required: No EEO d€pt. lotified: No StsrtDste: l0l0l/2019SubmitDtte: 03ll5l21t9 Totd Budgeted Amoutr* 35,790.00 Spomor: GM0rOl4 Sponsor Type: 1t P[rpole: 7 Sheritr Crch Match? N 35,790.00 Tottl Clrh Metch: 0.00 Flolv lhru IIl: GM00l9 Community Foundati_o[ Phone Proposal Projec.t No. Project Title TYPe I GMI003 Freemaa,Veronica (706N21-t061 ApprovirisTYDe Bv FA R. ROTJNDTREE Dstt 03 5t20t9 Dept. Si$rture: Gr.Et CoordiDstor Sigmture: l.) I haye reviewed the Grant application and enclosed rnatpriats and g,f(d the graatiawara to be fessible to the needs ofAugusa fuchmond Couoty o Dany thc request 2.) ryNe rcviewed the Grsnr spplicstion atrd encloscd marerials sDd: y'eWrove fueDeparffEnt Agetrcy to move forwsrd with tbe application the requqrt IA form wiII rlso be provlde the externel tudftors with itrformadol o! rll grrrtr for complisnoe rtrdrequlrcme[b ff rcqrlred by thc St e rnd Fedcrel Govcrnmcnt Finaocc Director Date Rcport GMI0O0_PROPOSAI - cMl000: crarts Maragsmenr I Curr.niTlrr: I2:5tr00 / (L.v .,a a ,<, / , t, / 1rn rue 3 Date Public Safety Committee Meeting 9/24/2019 1:05 PM Allocate funding $35,790.00 for RCSO to implement Justice Assistance Grant Project Safe Neighborhoods Department:Richmond County Sheriff’s Office (RCSO) Presenter: Caption:Motion to approve the allocation of funding for the Richmond County Sheriff's Office (RCSO) in the amount of $35,790.00 implement the Justice Assistance Grant (JAG) Project Safe Neighborhood. Background:In August of 2019 the RCSO was awarded a grant through Department of Justice for $35,790.00 to utilize fund to create a safer neighborhoods through a sustained reduction in crime associated with gang and gun violence. RCSO will use this funding to purchase GPS Trackers, cameras, and video software Analysis:RCSO will use this funding to purchase GPS Trackers, cameras, and video software Financial Impact:This is a 100% reimbursable grant, when expenditures are made, RCSO will submit request for reimbursements to Department of Justice Alternatives:None Recommendation:Allocate funding in the amount of $35,790.00 to allow RCSO to implement the Justice Assistance Grant (JAG) Program. Funds are Available in the Following Accounts: NA -100% Reimbursable from grant. Org key will be setup in fund 220 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Safety Committee Meeting 9/24/2019 1:05 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. Contract expired in June 2019. The vendor (Trinity Food Services Group, Inc.) agreed and the City approved an extension to the terms of the contract through August 31, 2019 until the current on-going RFP process is completed. Negotiations for the current RFP- (#19-220) have recently been completed, and Trinity Food Services Group, Inc. has agreed to amend the contract again until the new vendor starts on November 1, 2019. Analysis:Approval of this 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: 101033211/5317110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission Public Safety Committee Meeting Commission Chamber - 911012019 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 approve the minutes of the Public Safety Committee held on August ltem 27,2019. Action: Approved Motions Motion Motion Type Text Seconded By Commissioner Brandon Garrett Made By Seconded By Made By Motion Result Passes Motion Result Passes Item Action: Approved ^ Motion to CommissionerAPProve approve. Sammie Sias 2. Receive as information an update on Augusta's Transparency initiative. Motions |'#:"" Motion rext Motion to aoorove ^ Approve :T,:,X*ll*; ;:#il:Tff:- ;:ffifil?,ffi,as lnlormatlon. www.augustaga.gov Public Safety Committee Meeting 9/24/2019 1:05 PM Minutes Department: Presenter: Caption:Motion to approve the minutes of the Public Safety Committee held on September 10, 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 November 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 for the County’s inmates, staff and visitors at the Augusta-Richmond County Correctional Institution located at 2314 Tobacco 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 September 30, 2020. 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 November 1, 2019, and shall continue through October 31, 2020. 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. 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. 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 -10- 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 November 1, 2019 through October 31, 2020 Population Range Price per Meal* 195-215 $1.60 215-225 $1.537 225-230 $1.515 *The price for operation of the kitchen is based on a “Price Per Meal” per inmate multiplied by the number of meals served. Price structure may be based on a sliding scale depending on the current population range. 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: _________________________ Mark R. Adams 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. Public Safety Committee Meeting 9/24/2019 1:05 PM Professional Management of Inmates' Food Services Department:Richmond County Correctional Instition Presenter:Evan Joseph Caption:Motion to approve award of the Professional Management of (RCCI's) Inmates' Food Services to Aramark Correctional Services, LLC effective November 2019 subject to receipt of signed contract. RFP #19-220 Background:Current contact with Trinity Services Group, Inc. expired in January 2019; A request for proposal (RFP #19-220) was completed in March 2019 and three (3) vendors: (Aramark Correctional Services, LLC, Summit Food Services, LLC, and Trinity Services Group, Inc.) responded. Analysis:A committee was formed to select a vendor. Selection was based on: Management Structure, Responsiveness to tasks, Prior Experience & Personnel and Cost and Price Analysis. Aramark Correctional Services, LLC was the selected vendor. Financial Impact:Aramark Correctional Services, LLC will manage the entire Food Services operation of the institution to include inventory, sanitation, food prep etc., at a rate of $1.51 per meal per inmate. The annual average cost will be $350,072. Alternatives:None Recommendation:Request approval for one (1) year with three (3) additional one (1) year option contract with Aramark Correctional Services, LLC. Funds are Available in the Following Accounts: 101033211/5317110 REVIEWED AND APPROVED BY: Finance. Law. Administrator. Clerk of Commission