HomeMy WebLinkAboutResolutions - 2000.07.20 - 260251
July 20, 2000
REPORT (Misc . #00163)
BY: Personnel Committee, Thomas A. Law, Chairperson
RE: MR #00163 SHERIFF'S DEPARTMENT — CONTRACT FOR PRIVATE FOOD SERVICE VENDOR AND
POSITION DELETIONS/CHANGES
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
The Personnel Committee having reviewed the above-mentioned resolution on July 12, 2000, recommends to
the Oakland County Board of Commissioners the resolution be amended and adopted as follows:
The first BE IT FURTHER RESOLVED paragraph to read, "to delete the Food Services Unit and that the
following positions be deleted by September 2, 2000:"
Chairperson, on behalf of the Personnel Committee, I move the acceptance of the foregoing report.
PERSONNEL COMMITTEE
Personnel Committee Vote:
Motion carried on a unanimous roll call vote with Moffitt absent
MISCELLANEOUS RESOLUTION #00163 June 15, 2000
BY: PUBLIC SERVICES COMMITTEE, FRANK MILLARD, CHAIRPERSON
IN RE: SHERIFF'S DEPARTMENT - CONTRACT FOR PRIVATE FOOD SERVICE VENDOR AND
POSITION DELETIONS/CHANGES
TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
WHEREAS the Sheriff requested that the County Purchasing Division send
out a Request for Proposal (RFP) to have a private company operate the food
service operation within the Sheriff's Department; and
WHEREAS proposals were received and evaluated and the lowest bidder was
approved as an acceptable vendor; and
WHEREAS Corporation Counsel in conjunction with Purchasing and the
Sheriff's Department has drafted a proposed contract with ARAMARK, Inc., the
recommended vendor; and
WHEREAS the attached contract recommends an implementation date of
August 19, 2000 and would be for a period of three (3) years; and
WHEREAS in approving this contract the Sheriff Department expects to
realize a budget savings of an estimated $1.6 million; and
WHEREAS the Sheriff requests to create a new classification and position
titled Contract Coordinator, at a salary grade 10, overtime non-exempt, to
oversee this contract, the BC/BS contract and the Justice Benefits, Inc. (JBI)
contract; and
WHEREAS implementation of this contract will necessitate the elimination
of thirteen (13) positions within the Food Service unit of the Sheriff's
Department; and
WHEREAS the Sheriff requests that a Student position in Patrol Services,
Traffic Unit be reclassified to a PTNE Clerk I position to provide more work
scheduling flexibility.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners approves the attached contract with ARAMARK, Inc., to operate
the food services within the Oakland County Sheriff's Department.
BE IT FURTHER RESOLVED that the following positions be deleted by
September 2, 2000:
Position Title
One (1) Food Service Chief
One (1) Assistant Food Service Chief
Four (4) Shift Supv-Food Service
Seven (7) First Cook
Position #
43335-02276
43335-01110
43335-01493
43335-01908
43335-03325
43335-04811
43335-00940
43335-02120
43335-02165
43335-02495
43335-03502
43335-05585
43335-06581
BE IT FURTHER RESOLVED that one (1) GF/GP new classification and
position titled Contract Coordinator be created at a salary grade 10, overtime
non-exempt in the Administrative Services unit, Administrative Services
Division, Sheriff's Department.
PUBLIC SERVICES COMMITTEE VOTE:
Motion carried unanimously on a roll cal vote with Galloway and Patterson
absent.
BE IT FURTHER RESOLVED that one (1) Student position #43630-00087 be
reclassified to a PTNE 1,000 hour Clerk I.
BE IT FURTHER RESOLVED that the savings derived from this proposal be
placed in a segregated account designated for the Sheriff Department, Aviation
Unit, or other disposition by the Board, as shall be deemed appropriate.
Chairperson, on behalf of the Public Services Committee, I move 7 a tion
(
of the foregoing resolution.
PUBIC SWVIQE COMMITTEE
Current Budget Proposed Budget Savings
($63,645)
$1,656,765
Oakland County Sheriff's Department
Food Service Proposal
Salaries & Fringes $637,239 $0.00 $637,239
Operating:
Equip. Repairs $3,500 $3,500 $0.00
Exp. Equip $15,000 $15,000 $0.00
Culinary Exp. $71,951 $71,951 $0.00
Other 3,000 $0.00 $3,000
Provisions $2,643,174 $0.00 $2,643,174
Contractual Services $0.00 $1,563003* ($1,563,003)
Totals $3,373,864 $1,653,454 $1,720,410
Plus: addition of one (1) contract coordinator (grade level 11)
Salaries $42,191
Fringes $16,454
Desk, etc. $5,000
Estimated cost is $0.793 per meal
1,800 inmates per day x 3 meals
365 days = $1,563,003
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET
Purchasing Division
PROFESSIONAL SERVICES CONTRACT NUMBER
Contract Expiration Date:
Contract — NOT TO EXCEED AMOUNT $
1. PARTIES. This Agreement is made , 2000, between the
COUNTY OF OAKLAND (the "COUNTY"), a Michigan Constitutional
Corporation, 1200 North Telegraph Road, Pontiac, Michigan 48341 and
ARAMARK CORRECTIONAL SERVICES, INC. ("ARAMARK"), a Delaware
corporation, having a place of business at 2000 Spring Road, Suite 300, Oak
Brook, Illinois 60523.
2. CONSIDERATION. In consideration of the mutual promises, obligations,
representations, and assurances in this Agreement, the Parties are bound by
the terms and conditions in this Contract.
3. AGREEMENT. The term "Agreement" shall be defined as this Agreement,
the Attachments hereto, the Request for Proposal ("RFP"), and the RFP Bid
Response, all of which shall be incorporated by reference. Further, any
modifications to this Agreement, pursuant to Paragraph 27, shall also be
included within the definition of "Agreement." In the event of a conflict
between the documents comprising this Agreement, the conflict shall be
resolved as follows: (1) This Agreement shall prevail over all other
documents; (2) Attachments shall prevail in a conflict with the RFP and the
RFP Bid Response; and (3) The RFP shall prevail in a conflict with the Bid
Response.
4. SCOPE OF CONTRACT. The COUNTY grants to ARAMARK the exclusive
right to provide meal service (excluding vending machine operation and the
operation of the Commissary) for its inmatesat the Oakland County Sheriffs
Department located at 1201 North Telegraph Road, Building 10 East, Pontiac,
Michigan 48341 (the "FACILITY"), and its satellites, including but not limited
to the Main Jail, the Annex, the Frank Greenan Detention Facility, the Trusty
Camp, the Boot Camp, the L Building, the Work Release, and Southfield
Detention Facility. ARAMARK agrees to furnish nutritious, wholesome, and
palatable food to such inmates, staff and visitors in accordance with this
Agreement. The meal service shall meet all current standards as established
by: (1) The American Correctional Association, (2) The Food and Nutritional
Board of the National Academy Science as prescribed for inmates, and (3)
the State of Michigan.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION-PROFESSIONAL
SERVICES CONTRACT NUMBER
5. TERM OF AGREEMENT.
5.1. This Agreement and operations under this Agreement shall commence on
August 19, 2000, and shall continue through August 19, 2003. By mutual
agreement, this Agreement may be renewed for one additional year.
Thereafter, the COUNTY may extend this Agreement for additional
periods of twelve (12) months each, provided that the services and the
prices thereof, for the extension period, have been mutually agreed upon
by the COUNTY and ARAMARK.
5.2. PRICE REDETERMINATION-PROSPECTIVE: The unit prices
stated in this Agreement are firm for the period ending August 19, 2003.
Unit prices for any renewal or 12-month extension, shall be redetermined
prior to the beginning of each such period. Unit prices per meal may not
be increased or decreased during, and shall remain firm for, any such 12-
month period.
5.3. The base period for comparison for price redetermination shall be an
annual average from June to June, and shall be based upon the
Consumer Price Index, All Urban Consumers (CPI-I), U.S. City Average,
Food Away From Home Index, published by U.S. Department of Labor
(the "Index"). Such adjustments shall be calculated using a percentage in
which the numerator is the Index for the second month preceding the
beginning of the new 12-month period and the denominator which is the
Index for the second month preceding the beginning of the prior 12-month
period. The percentage shall be applied to the then-current per meal
price to determine the price for the subsequent 12-month period, and
such unit price shall be effective the first (1 st) day of such 12-month
period.
6. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state,
and local statutes, lawful ordinances, regulations, and requirements
applicable to its activites performed under this Agreement.
7. OPERATIONAL RESPONSIBLITIES.
7.1. FACILITIES AND EQUIPMENT:
7.1.1. The COUNTY shall at its expense provide ARAMARK with
adequate kitchen preparation facilities at the FACILITY completely
equipped and ready to operate as described in the Request For
Proposal, together with such heat, refrigeration and utilities services
as may be reasonably required for the efficient performance of the
Agreement. The COUNTY shall furnish and maintain an adequate
inventory of serviceware, thermal trays and cartsdelivery, , pots, pans,
beverage containers and utensils at the FACILITY.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION-PROFESSIONAL
SERVICES CONTRACT NUMBER
7.1.2. The COUNTY shall furnish building maintenance services for the
FACILITY and shall provide preventive maintenance, equipment
repairs and replacements for COUNTY owned equipment.
ARAMARK shall immediately notify the COUNTY Sheriff or his
designee when COUNTY owned equipment is in need of repair or
replacement.
7.1.3. In addition, should the COUNTY fail to provide the equipment,
repair, maintenance and replacement services or supplies described
in Paragraph 7.1.2, 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 price paid by ARAMARK. Such prices shall be competitive with
the cost of obtaining such products or services from an independent
source in the open market.
7.1.4. ARAMARK shall be responsible for long distance telephone service
and computer/network system.
7.2. TRANSITION PLAN: ARAMARK shall submit a transition plan to the
Oakland County Sheriff or his designee on the date this Agreement is
executed. The transition period will last for at least 30 days after the
commencement of this Agreement. During this period, the COUNTY and
ARAMARK will work jointly to provide food service at the FACILITY.
7.3. EMERGENCY PLAN: ARAMARK shall submit a contingency emergency
plan to the Oakland County Sheriff or his designee to provide meal
service in the event of a Force Majeure (hereinafter defined) within 30
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, 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.
7.4. MEAL DELIVERY:
7.4.1. ARAMARK personnel shall supervise the delivery of trays from the
FACILITIES' kitchen to the living pods at the Main Jail and the Annex.
ARAMARK shall deliver the meals to the buildings outside the Mail
Jail and Annex, including the Frank Greenan Detention Facility, the
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION-PROFESSIONAL
SERVICES CONTRACT NUMBER
Trusty Camp, the Boot Camp, the L Building, the Work Release, and
Southfield Detention Facility.
7.4.2. ARAMARK shall transport such meals to appropriate areas, and the
COUNTY shall return all trays and delivery equipment to ARAMARK
at the delivery point, in a timely manner.
7.4.3. ARAMARK shall provide inmates with court meals when they are
required to appear in court.
7.5. FOOD PRODUCTS AND CLEANING SUPPLIES:
7.5.1. 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.
7.5.2. The COUNTY shall be responsible for providing maintenance
supplies and for maintaining kitchen appliances and equipment.
7.6. SANITATION:
7.6.1. 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.
7.6.2. 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 garage from the designated food service area.
7.7. PERSONNEL:
7.7.1. ARAMARK shall provide on-site management and supervisory
personnel, and from its regional and headquarters locations, expert
administrative, dietetic, purchasing, equipment consulting and
personnel advice and supervision.
7.7.2. The COUNTY shall provide inmate workers at the FACILITY
kitchen. The number of inmates required shall be determined by the
COUNTY Sheriff or his designee 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.
7.7.3. The COUNTY retains the right to thoroughly investigate any current
or prospective employees assigned to the FACILITY, subject to
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION-PROFESSIONAL
SERVICES CONTRACT NUMBER
applicable Federal, state and local laws and regulations, including but
not limited to, the Federal Polygraph Protection Act, as amended.
7.7.4. ARAMARK shall cause its employees assigned to duty at the
FACILITY to submit to periodic health examinations as required by
law, and to submit satisfactory evidence of compliance with all health
regulations to the COUNTY upon written request.
7.8. RETURN OF EQUIPMENT: ARAMARK shall return to the COUNTY at
the expiration or termination of this Agreement the food service premises
and all equipment furnished by the COUNTY in the condition in which
received, except for ordinary wear and tear, and except to the extent that
said premises and equipment may have been lost or damaged by fire,
flood, or other disaster, and except to the extent that said equipment may
have been stolen by persons other than employees of ARAMARK without
negligence on the part of ARAMARK or its employees.
7.9. LICENSE, FEES, PERMITS, AND TAXES: ARAMARK shall secure,
maintain, and pay for all federal, state and local licenses, permits and
fees required for the food service operation. In the event a sales or
similar tax is assessed ARAMARK under the terms of this Agreement, the
COUNTY shall reimburse ARAMARK for such tax.
7.10. MONTHLY MEAL SUMMARY: ARAMARK shall provide the
COUNTY with a comprehensive monthly summary of meals, services,
and credits. This summary shall be forwarded to the COUNTY Sheriff or
his designee each month.
8. FINANCIAL RESPONSIBILITIES.
8.1.MEAL ORDERS: 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 pervious day. Sample menus will be provided to the Oakland
County Sheriff or his designee. Menus shall be approved by the Oakland
County Sheriff or his designee before the meals are actually served to the
inmates.
8.2. INITIAL FOUR-WEEK PAYMENT: Prior to the commencement of
operations and after the execution of this Agreement, 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"). The foregoing payment shall be retained by
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION-PROFESSIONAL
SERVICES CONTRACT NUMBER
ARAMARK and credited to the COUNTY at the time of the last invoice
made by ARAMARK to the COUNTY under this Agreement.
8.3. BILLING AND PRICES: ARAMARK shall submit to the COUNTY on
Monday 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 price per meal charged to
the COUNTY for meals served to inmates and staff is set forth in
Attachment A. The invoices shall reflect the preceding week's food
services detailing the exact number of meals served on a daily basis as
follows: (1) Actual number of adult inmate meals; (2) Actual number of
staff/visitor meals; and (3) Any additional food, beverage or other
services, as required.
8.4. MANNER OF PAYMENT: Payment shall be made by check payable to
ARAMARK Correctional Services, Inc., within fifteen (15) business days
after receipt of the invoice Such payment shall be sent to: ARAMARK
Correctional Services, Inc., P.O. Box 198545, Atlanta, GA 30384-8545.
(Payments only shall be sent to this address.)
8.5. PRICE ADJUSTMENTS: Prices quoted in Attachment A apply for the
period of August 19, 2000, through August 19, 2003.
8.6. RENEGOTIATION: The fiscal arrangements in this Agreement are
based on conditions existing on the date ARAMARK commences
operations, including, for example, the FACILITY's inmate population, the
availability of inmate labor, food and supply costs, Federal, State and
local sales, and other taxes and other operation costs, and the manner in
which the Index (defined herein) is calculated. ARAMARK has relied on
representations regarding existing and future conditions made by the
COUNTY in connection with the negotiation and execution of this
Agreement. In the event of a change in such conditions or the
inaccuracy, breach of, or the failure to fulfill any representations made by
the COUNTY, the financial terms and other obligations assumed by
ARAMARK may be renegotiated on a mutually agreeable basis by both
Parties to reflect such change, inaccuracy or breach.
8.7. ADDITIONAL SERVICES: Food, beverage and other services required
by the FACILITY outside the scope of this Agreement shall be provided
by ARAMARK upon written authorization by the COUNTY Sheriff or his
designee at mutually agreed upon prices for such services.
9. INSURANCE. ARAMARK shall procure and maintain in force during this
Agreement, the following insurance and/or self insurance:
9.1.Commercial General Liability Insurance in the minimum amount of
$1,000,000 Combined Single limit per occurrence Broad form / or the
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION-PROFESSIONAL
SERVICES CONTRACT NUMBER
following as minimum requirements: (1) Products and completed
operations, (2) Broad form property damage, (3) Premises/Operations, (4)
Independent contractors, and (5) Broad form contractual recognizing this
contract, including coverage for liquor law liability and vendors liability.
9.2.Workers' Compensation as required by law, $500,000.00 Employers'
Liability.
9.3. $1,000,000.00 Combined Single Limit per occurrence Auto Fleet,
including coverage for hired cars, leased vehicles, and owned and non-
owned autos. No Fault coverage as required by law.
9.4. GENERAL CERTIFICATES OF INSURANCE: All Certificates of
Insurance and self insurance shall contain the following clauses: (1) "The
insurance company(s) issuing the policy or policies shall have no
recourse against the County of Oakland for payment of any premiums or
for assessments under any form of policy;" (2) "Any and all deductibles in
the above-described insurance policies shall be assumed by and be for
the account of, and at sole risk of, the contractor." All Certificates are to
provide 30 days notice of material change or cancellation. Certificates of
Insurance and insurance binders must be provided no less than ten (10)
working days before commencement of work to the COUNTY.
10. TERMINATION.
10.1. TERMINATION FOR CONVENIENCE: Either party may terminate
this Agreement for convenience, at any time during the term, a renewal,
or an extension of this Agreement, upon ninety (90) days notice to the
other party.
10.2. 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.
10.3. 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
up to and including the date of termination, at the rates 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.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION-PROFESSIONAL
SERVICES CONTRACT NUMBER
11. CONTRACTOR RELATIONSHIP. ARAMARK's relationship to the COUNTY
is that of an independent contract. Neither ARAMARK nor its employees,
agents or subcontractors shall be deemed agents, representatives, or
employees of the COUNTY with respect to any activities arising from this
Agreement. The COUNTY and ARAMARK shall not do any act or make any
representation that would depict ARAMARK or its employees, agents or
subcontractors as agents of the COUNTY.
12. NO THIRD PARTY BENEFICIARIES. Except as provided for the benefit of
the parties, this Agreement does not and is not intended to create any
obligation, duty, promise, contractual right or benefit, right to be indemnified,
right to be subrogated to the party's rights in this Agreement, and/or any other
right, in favor of any other person or entity.
13. CONFIDENTIAL INFORMATION.
13.1. To the extent provided by the federal and state law, 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 (the "ARAMARK Proprietary
Information") are and shall remain confidential and the sole property of
ARAMARK and constitute trade secrets of ARAMARK.
13.2. The COUNTY shall keep all ARAMARK Proprietary Information
confidential, to the extent provided by federal and state law, 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.
13.3. Upon the expiration or any termination of this Agreement, all
materials containing any ARAMARK Proprietary Information shall be
returned to ARAMARK.
13.4. Notwithstanding any other Paragraph of this Agreement, the
COUNTY may disclose ARAMARK Proprietary Information when
disclosure is required by law.
14.INDEMNIFICATION. ARAMARK shall indemnify and hold the COUNTY
harmless from any and all actions, liabilities, claims, loss and damage
(including costs of litigation and actual attorney fees) alleged to have been
caused by, or to have arisen, directly or indirectly, from the acts,
performances, negligence, malpractice, errors or omissions of ARAMARK or
ARAMARK's assistants, employees or agents, including, without limitation, all
claims relating to injury or death of any person or damages to any property.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION-PROFESSIONAL
SERVICES CONTRACT NUMBER
15. RESERVATION OF RIGHTS. This Agreement does not, and is not intended
to impair, divest, delegate, or contravene any constitutional, statutory, and/or
other legal right, privilege, power, obligation, duty, or immunity of the
COUNTY.
16. CONFLICT OF INTEREST. Pursuant to Public Act 317 of 1968, as amended
(MCL 15.321, et seq.), no contracts shall be entered into between the
COUNTY, including all agencies and departments thereof, and any employee
or officer of the COUNTY. To avoid any real or perceived conflict of interest,
ARAMARK shall identify any ARAMARK employee or relative of ARAMARK's
employees or subcontractors who are presently employed by the COUNTY.
17. IN-KIND SERVICES. This Agreement does not authorize any in-kind
services, unless previously agreed to by the COUNTY and specifically listed
herein.
18.ACESS AND RECORDS. ARAMARK will maintain accurate books and
records in connection with the food service operation and shall retain such
records for thirty-six months after the close of the federal fiscal year (October,
through September 30).
19.AUDIT. ARAMARK shall allow the COUNTY's Auditing Division or an
independent auditor hired by the COUNTY to perform finance compliance
audits, as appropriate, with the authority to access all pertinent records and
interview any ARAMARK employee throughout the term of this Agreement
and for a period of three years after final payment to ensure a complete post-
evaluation of services.
20. PRESS RELATIONS. ARAMARK shall contact the COUNTY Sheriff or his
designee before any press or media release. ARAMARK and the COUNTY
Sheriff or his designee shall agree upon the content of any information
released to the press or media.
21. NON-DISCRIMINATION. While performing this Agreement, ARAMARK
agrees not to discriminate against any employee or applicant for employment
because of sex, race, religion, color, national origin, or handicap. The
aforesaid provision shall include, but not be limited to: recruitment or
recruitment advertising; employment, upgrading, demotion or transfer; layoff
and selection for training, including apprenticeship, in accordance with rules
and regulations promulgated by the Federal (Compliance Responsibility for
Equal Employment Opportunity — Chapter 60, 60-1, 4, No. 1-7) and State
(Standards and Procedures for Executive Direction 1975-6, Section II-C, IV-
C, and V-A&B) agencies and related Federal and State laws and regulations.
22. BINDING EFFECT. Any assignment or delegation by ARAMARK of any right
or obligation arising from this Agreement, without prior written consent of the
COUNTY, shall result in the automatic termination or cancellation of this
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION-PROFESSIONAL
SERVICES CONTRACT NUMBER
Agreement without any prior notice to ARAMARK. This Agreement will not
automatically terminate or cancel where an assignment or delegation is made
to a successor or affiliated corporation pursuant to a corporate reorganization
or merger, and such assignment or delegation will not materially affect the
scope or the quality of services to be delivered under this Agreement. If an
assignment or delegation is made to a successor or affiliated corporation and
it materially affects the scope or the quality of services under this Agreement,
then the COUNTY has the option to terminate or cancel this Agreement as
provided in Paragraph 10.
23. WAIVER. No waiver of any term, provision or condition of this Agreement,
whether by conduct or otherwise, in one or more instances shall be deemed
to be or construed as a further continuing waiver of a term, provision or
condition of this Agreement. No remedy available to a party for the other
party's breach of this Agreement is intended to be an exclusive remedy. A
party's exercise of any remedy for breach of this Agreement shall not be
deemed or construed to be a waiver of its right to pursue another remedy.
24. SEVERABILITY. If a term, condition or provision of this Agreement is found,
by a court of competent jurisdiction, to be invalid, unenforceable, or in
violation or contravention of federal or state law, then the term, condition, or
provision shall be deemed severed from this Agreement. All other terms,
conditions and provisions shall remain in full force and effect.
25. CAPTIONS. The paragraph and sub-paragraph numbers and captions,
and/or any index to such paragraphs and sub-paragraphs contained in this
Agreement are intended for the convenience of the reader and are not
intended to have any substantive meaning. The numbers, captions, and
indexes shall not be interpreted or be considered as part of the Agreement.
26. NOTICES. Notices given under this Agreement shall be in writing and shall
be personally delivered, sent by express delivery service, certified mail or first
class U.S. mail postage prepaid, and addressed to the person below listed.
Notice will be deemed given when one of the following occur: (1) the date of
actual receipt; (2) the next business day when notice is sent express mail or
personal delivery; or (3) three days after mailing first class or certified U.S.
mail.
26.1. If notice is sent to the COUNTY, it shall be addressed: Oakland
County Sheriffs Department, Oakland County Sheriff, 1201 North
Telegraph Road, Pontiac, Michigan 48341-1044.
26.2. If notice is sent to ARAMARK, it shall be addressed: ARAMARK,
Attention Daniel E. Jameson, 2000 Spring Road, Oak Brook, IL 60523.
26.3. Either Party may change the address to which notice is sent by
notifying the other party in writing of the address change.
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION-PROFESSIONAL
SERVICES CONTRACT NUMBER
27. CONTRACT MODIFICATIONS. Any modifications to the Agreement must be
in writing and agreed to by both Parties.
28. GOVERNING LAWS. This Agreement shall be governed, interpreted, and
enforced by the laws of the State of Michigan.
29. ENTIRE AGREEMENT. This Agreement represents the entire agreement
and understanding between the Parties. This Agreement supersedes all
other agreements, either oral or in writing, between the Parties. The singular
number shall include the plural, the plural shall include the singular, and any
reference to any gender shall include references to all genders.
For and in consideration of the mutual assurances, promises, acknowledgments,
warrants, representations, and agreements set forth in this Agreement, and for
other good and valuable consideration, the receipt and adequacy of which is
hereby acknowledged, the undersigned execute this Agreement on behalf of the
COUNTY and ARAMARK, and by doing so legally obligate and bind the
COUNTY and ARAMARK to the terms and conditions of this Agreement. This
Agreement is signed by an authorized agent of the Oakland County Purchasing
Division, as provided for on the signature page of this Agreement, who shall be
the final signatory to this Agreement and/or any amendment thereof.
FOR ARAMARK:
BY: DATE:
appeared in person before me on this date and
executed this Agreement on behalf of ARAMARK and acknowledged to me
under oath that: has taken all actions and secured
any and all necessary approvals and authorizations and has the requisite
authority from ARAMARK to fully and completely obligate and bind ARAMARK to
the terms and conditions of this Agreement and any and all other documents
incorporated herein by reference. also
acknowledged before me having been provided with copies and having read and
reviewed all Agreement documents incorporated herein.
Subscribed and sworn to before me on the day of
2000.
Notary Public
County, Michigan
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION-PROFESSIONAL
SERVICES CONTRACT NUMBER
My Commission Expires:
FOR OAKLAND COUNTY PURCHASING:
BY: DATE:
Oakland County Purchasing Division
BY: DATE:
Contract Administrator
OAKLAND COUNTY DEPARTMENT OF MANAGEMENT AND BUDGET-PURCHASING DIVISION-PROFESSIONAL
SERVICES CONTRACT NUMBER
Price Per Meal $0.793 $0.821 $0.845
ATTACHMENT A
Year 1 Year 2 Year 3
In the event, Oakland County employees, who worked in the Oakland County Sheriff
Department's kitchen, are hired to work for ARAMARK under this Agreement, the above prices
shall be increased by $0.005 per for each employee who accepts employement with ARAMARK,
up to a maximum of twelve (12) employees.
Resolution #00163 June 15, 2000
The Chairperson referred the resolution to the Personnel Committee and the
Finance Committee. There were no objections.
FISCAL NOTE (M.R. #00163) July 20, 2000
BY: FINANCE COMMITTEE, SUE ANN DOUGLAS, CHAIRPERSON
IN RE: SHERIFF DEPARTMENT - CONTRACT FOR PRIVATE FOOD SERVICE VENDOR AND POSITION
DELETIONS/CHANGES
TO: THE OAKLAND COUNTY BOARD OF COMMISSIONERS
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed
the above referenced resolution and finds:
1) The Sheriff Department requests Board approval of a resolution to
contract with ARAMARK, Inc., for meal service beginning August 19,
2000.
2) Implementation of this contract necessitates the deletion of one (1)
Food Service Chief, one (1) Assistant Food Service Chief, four (4)
Shift Supv-Food Service, and seven (7) First Cook positions within
the Correction Food Services Unit and the creation of one (1) new
Contract Coordinator position, Grade 10, within the Administrative
Services Division. This new position would oversee contracts with
ARAMARK, Inc, Blue Cross Blue Shield, and Justice Benefits, Inc.
3) In addition, the Sheriff requests that one (1) Student position in
Patrol Services, Traffic Unit be reclassified to a PTNE Clerk I
position.
4) Savings from the implementation of the contract will fund the
position changes. Savings, in addition to that required to fund the
position changes, equaling $ 1,693,720 in FY 2001 and $1,638,532 in
FY 2002, will be placed in a non-departmental account for the Sheriff
Aviation Project.
5) Budget amendments for FY 2000 are shown below. Amendments for FY 2001
and FY 2002 are shown for informational purposes only and will be
included in the FY2001/FY2002 Biennial Budget.
Information Only
FY 2000 FY 2001 FY 2002
43- 101 -023201- 10000 -2001 Salaries (26,700) (414,025) (414,025)
43- 101 -023201- 10000 -2074 Fringe Benefits (10,700) (170,408) (170,408)
43- 101 -023335- 22000 -3052 Laundry (3,000) (3,000) (3,000)
43- 101 -023335- 22000 -4292 Provisions (117,000) (770,000) (770,000)
43- 101 -023335- 22000 -6066 Materials Mgmt Prov. (140,770) (1,900,000) (1,900,000)
43- 101 -023335- 22000 -2572 Contracted Services 293,100 1,563,003 1,618,191
43- 101 -023335- 22000 -4100 Expendable Equipment 5,000 - -
43- 101 -023601- 32100 -2001 Salaries 60 650 650
43- 101 -023601- 32100 -2074 Fringe Benefits 10 60 60
90- 101 -290000- 25000 -xxxx Sher. Aviation Proj - 1,693,720 1,638,532
Total -0- -0- -0- ---
FINANCE COMMITTEE
//dA"CJawwg' tLkt."/&
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Friedman Appel absent.
Current Budget Proposed Budget Savings
($63,645)
$1,656,765
Oakland County Sheriff's Department
Food Service Proposal
Salaries & Fringes $637,239 $0.00 $637,239
Operating:
Equip. Repairs $3,500 $3,500 $0.00
Exp. Equip $15,000 $15,000 $0.00
Culinary Exp. $71,951 $71,951 $0.00
Other 3,000 $0.00 $3,000
Provisions $2,643,174 $0.00 $2,643,174
Contractual Services $0.00 $1,563003* ($1,563,003)
Totals $3,373,864 $1,653,454 $1,720,410
Plus: addition of one (1) contract coordinator (grade level 11)
Salaries $42,191
Fringes $16,454
Desk, etc. $5,000
Estimated cost is $0.793 per meal
1,800 inmates per day x 3 meals
365 days = $1,563,003
Resolution #00163 July 20, 2000
Moved by Millard supported by Amos the Personnel Committee Report be
accepted.
A sufficient majority having voted therefor, the report was accepted.
Moved by Millard supported by Amos the resolution be adopted.
Moved by Millard supported by Amos the resolution be amended to coincide
with the recommendation in the Personnel Committee Report.
A sufficient majority having voted therefor, the amendment carried.
Vote on resolution, as amended:
AYES: McCulloch, McPherson, Melton, Millard, Moffitt, Obrecht, Palmer,
Schmid, Sever, Suarez, Taub, Amos, Appel, Buckley, Causey-Mitchell, Coleman,
Dingeldey, Douglas, Galloway, Garfield, Gregory, Jensen, Law. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution, as amended,
was adopted.
;I HEREBY AROyjE91HE FOREGOING RESOLUTION
2.4-Arot
L Brooks Patt6son, County Executive Date
....1111/11110110
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, G. William Caddell, Clerk of the County of Oakland, do hereby certify that the
foregoing resolution is a true and accurate copy of a resolution adopted by the
Oakland County Board of Commissioners on July 20, 2000 with the original record
thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the
County of Oakland at Pontiac, Michigan this 240 dayief July, 29po.
G.-William Caddell, County Clerk
