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HomeMy WebLinkAboutItem 27 - Second Amendment to the Agreement with Aramark Correctional Services, LLC Police Department www.santa-ana.org/pd Item # 27 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report December 20, 2022 TOPIC: Second Amendment to the Agreement with Aramark Correctional Services, LLC AGENDA TITLE: Approve Second Amendment to the Agreement with Aramark Correctional Services, LLC (General Fund) RECOMMENDED ACTION Authorize the City Manager to execute the second amendment to the agreement with Aramark Correctional Services, LLC to provide inmate food service and commissary management in an additional amount of $896,152, including a 12.40-percent Consumer Price Index increase adjustment, for a total aggregate amount not to exceed $4,478,718 for the agreement term ending on June 30, 2023, subject to non-substantive changes approved by the City Manager and City Attorney. DISCUSSION On October 20, 2020, the City Council approved a three-year agreement with Aramark Correctional Services, LLC (“Aramark”) after a competitive Request for Proposal process to provide inmate food service and commissary management at the Santa Ana Jail. Aramark Correctional Services, LLC has been the provider of inmate food services since 1997 and continues to perform these services professionally and competently. All meals are prepared based on the State of California Title 15 nutritional requirements and all Orange County Health Department health and safety requirements. Through this agreement, Aramark also provides catering services for various City functions and operates the inmate commissary program and Code-7 cafeteria located inside the Police Department. The agreement provides annual adjustments to the per-meal price based on the Consumer Price Index (CPI) effective July 1 of each contract year. On December 7, 2021, Council approved the first amendment to this agreement to include a 3.88-percent CPI increase. Due to the unprecedented and unforeseeable current economic circumstances, food industries have experienced substantial increases in supply costs. These conditions have driven the prices of food products well above the CPI cap of the current agreement. Staff calculated the relevant food product weighted CPI at 13.16 percent, and worked with Second Amendment to the Agreement with Aramark Correctional Services, LLC December 20, 2022 Page 2 3 1 2 8 the vendor to arrive at a reasonable and equitable final increase of 12.40 percent. Therefore, staff recommends approving a per-meal price increase of 12.40 percent, from $2.59 to $2.92, for average daily populations above 400. This pricing will apply to meals billed after July 1, 2022 through the remainder of the third year of the agreement. This 12.40-percent per-meal increase will add $173,558 to the third year of the agreement. The agreement established a not-to-exceed amount based on a projected average daily population of 400 persons. However, the Santa Ana Jail has regularly exceeded this number and served significantly more meals than was initially anticipated. Therefore, factoring funds currently remaining within the agreement's terms and a revised projection for average daily population through the remainder of Fiscal Year 2022-23, the Police Department projects that an additional $682,594 and a $40,000 contingency is needed to ensure the availability of funds to purchase inmate meals through June 30, 2023. As a result, the total three-year agreement not-to-exceed amount will increase from $3,582,566 to $4,478,718. The agreement may be terminated without cause by either party upon 120 days’ written notice. Aramark has been accommodating, professional and consistent in its provision of services, and staff recommends approval of the agreement amendment. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for this amendment are available as follows: Fiscal Year Accounting Unit – Account No. Fund Description Accounting Unit – Account No. Description Amount FY 22-23 01114475-62300 General Fund Jail Operations, Contract Services $866,552 FY 22-23 02314475-62300 Inmate Welfare Fund Inmate Welfare Fund, Contract Services $ 29,600 Total $896,152 The amounts above are estimated projections and are subject to change. EXHIBIT(S) 1. Second Amendment to Agreement Second Amendment to the Agreement with Aramark Correctional Services, LLC December 20, 2022 Page 3 3 1 2 8 Submitted By: David Valentin, Police Chief Approved By: Kristine Ridge, City Manager Page 1 of 2 SECOND AMENDMENT TO AGREEMENT WITH ARAMARK FOR INMATE COMMISSARY AND FOOD SERVICES THIS SECOND AMENDMENT to the above-referenced agreement is entered into on this 20th day of December 2022, by and between ARAMARK Correctional Services, LLC, a Delaware Limited Liability Company (“ARAMARK”), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (“City”). RECITALS A.The parties entered into an Agreement No. A-2020-204 dated October 20, 2020 (“Agreement”), by which ARAMARK agreed to provide inmate commissary and food services at the Santa Ana Detention Facility. The Agreement runs through June 30, 2023 and is current and in effect. B.On December 7, 2021, the parties amended the Agreement to include additional funding to address an increase in the Consumer Price Index (CPI) and increase the overall contract not- to- exceed amount. C.The parties now seek to further amend the Agreement to include additional funding pursuant to CPI increases to allow continuation of food services at the Santa Ana Detention Jail pursuant to Consumer Price Index (CPI) increases negotiated upon by the Parties, and to account for an average daily population in excess of the original projections of the agreement. The Parties therefore agree: 1.Section 2, Compensation – A. Food Service – subsection i, is amended to increase the overall compensation by $896,151.31, comprised of $173,557.81 for the negotiated 2022 CPI increase, $682,593.50 in inmate meal costs and $40,000 in contingency. The total not to exceed amount of the Agreement is $4,478,717.31. Compensation shall cover services provided by Aramark since July 1, 2022. 2.Pursuant to Section 2, Compensation – A. Food Service – subsection iii, the parties agree to the following rate increases for the City: City of Santa Ana, California Effective July 1, 2022 until June 30, 2023 Average Daily Population Price 1 99 $6.9473 100 199 $5.7797 200 299 $4.6121 Page 2 of 2 300 399 $3.0802 400 Above $2.9202 3.Except as modified by this Second Amendment, all other terms and conditions of the Agreement, as amended, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA KRISTINE RIDGE Clerk of the Council City Manager APPROVED AS TO FORM ARAMARK SONIA R. CARVALHO City Attorney By: TAMARA BOGOSIAN Senior Assistant City Attorney RECOMMENDED FOR APPROVAL DAVID VALENTIN Chief of Police