ARAMARK CORRECTIONAL SERVICES - 2012

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the City and its agents during normal business hours. Such records shall be kept separate and apart from any record ARAMARK maintains in connection with other business enterprises. ARAMARK shall return to City a total commission of Forty -Five Percent(45 %) of Net Sales of all products from the commissary operations at the Santa Ana Detention Facility, as set forth in the City's RFP #11-047 and ARAMARK's Proposal, dated October 20, 2011. This commission shall exclude all sales of stamps and pre - stamped envelopes, pre -paid telephone calling cards or any other telephone sales, debit cards, and Indigent Products. "Net Sales" means total product sales, less sales or use taxes and authorized returns. In addition, ARAMARK shall pay CITY a rent fee equal to Ten Percent (10 %) of Net Sales of all products from the commissary operations excluding all sales of stamps and pre- stamped envelopes, pre -paid telephone calling cards or any other telephone sales, debit cards, and Indigent Products. ARAMARK shall provide a monthly accounting of commissary operations for the previous month, and shall submit said accounting and a check representing the City's portion of Net Sales to the Santa Ana Jail Administrator. 3. TERM The initial term of this Agreement shall commence on February 1, 2012 and terminate on January 31, 2015, unless terminated earlier in accordance with Exhibit A or Section 12, below. This Agreement may be renewed for two (2) additional one (1) year periods with the consent of the Chief of Police and the City Attorney. 4. INDEPENDENT CONTRACTOR ARAMARK shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the CITY. This Agreement is not intended nor shall it be construed to create an employer - employee relationship, a joint venture relationship, or to allow the CITY to exercise discretion or control over the professional manner in which ARAMARK performs the services which are the subject matter of this Agreement; however, the services to be provided by ARAMARK shall be provided in a manner consistent with all applicable standards and regulations governing such services. ARAMARK shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, ARAMARK shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. ARAMARK shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of ARAMARK's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The