CSP900122_Revised_Contract.pdf

Index No.: DRC126 Eff. Date: 07/01/25

STATE OF OHIO

DEPARTMENT OF ADMINISTRATIVE SERVICES

GENERAL SERVICES DIVISION

OFFICE OF PROCUREMENT SERVICES

4200 SURFACE ROAD, COLUMBUS, OH 43228-1395

MANDATORY USE CONTRACT FOR: OPERATION AND MANAGEMENT OF FOOD SERVICE

CONTRACT NUMBER: CSP900122 EFFECTIVE DATES: 07/01/21 TO 06/30/25

*Renewal through 06/30/27

The Department of Administrative Services has accepted Proposals submitted in response to Request for Proposal (RFP) No.

CSP900122 that opened on 09/04/20. The evaluation of the Proposal responses has been completed. The Offeror listed herein has been determined to be the highest ranking Offeror and has been awarded a Contract for the services listed. The respective Proposal response including, Contract Terms & Conditions, any Proposal amendment, special Contract Terms & Conditions, specifications, pricing schedules and any attachments incorporated by reference and accepted by DAS become a part of this Services Contract.

This Requirements Contract is effective beginning and ending on the dates noted above unless, prior to the expiration date, the Contract is renewed, terminated, or cancelled in accordance with the Contract Terms and Conditions.

This Requirements Contract is available to the Ohio Department of Rehabilitation and Correction as applicable.

The agency is eligible to make purchases of the contracted services in any amount and at any time as determined by the agency. The State makes no representation or guarantee that department will purchase the volume of services as advertised in the Request for Proposal.

This Requirements Contract and any Amendments thereto are available from the DAS Web site at the following address:

www.ohio.gov/procure

*Indicates a 24-month renewal of the contract, effective 07/01/25 through 06/30/27.

* Eff. Date: 06/24/24

MUTUALLY AGREED UPON CHANGES

Section I, E - Staffing Requirements and Personnel Issues: The Contractor agrees to add the following:

The Contractor will ensure that all employees are ServSafe certified within their first 120 days of employment. Upon request, verification of the certifications will be provided to the Contract Monitor or designee.

Section I, E, 12 - Staffing Requirements and Personnel Issues: The Contractor agrees to the add the following:

The Contractor will implement random drug testing for its employees. Ten (10) percent of the Contractor’s staff, excluding new

* hires, are to be tested annually. The results of the testing are to be provided to the agency’s Contract Monitor or designee.

Section I, G, 1 - Educational Programming and Inmate Training: The Contractor agrees to add the following:

The Contractor’s inmate training program will incrementally increase the participation and graduation rates during years one

(1) through three (3), reaching a minimum of 200 graduates by the end of year three (3). Thereafter, a minimum of 200 graduates from the training program are expected each year starting with year four (4) of contract. The Contractor will provide the Assistant Chief of Acquisitions and Contract Compliance with the following progress reports on the training program:

1. A quarterly progress report that details by institution the number of participants and the number of graduates. The report is to be based on fiscal years, starting with July 1 each year.

2. A yearly progress report, due in July of each year, that includes a recap of the previous year’s participant and graduation numbers statewide and includes any issues that developed or were discovered throughout the fiscal year.

The Contractor confirmed the training and education curriculum includes interview skills. Specifically, this training includes:

1. Resume and cover letter writing;

2. Soft skills versus hard skills;

3. Completing a job application (online and paper form);

4. Answering the felony conviction question and a personal evaluator speech;

5. Preparing for an interview; and

6. Practice interview questions and how to answer interview questions.

The Contractor will explore expanding upon the topic of interviewing though the training and education curriculum and fellowship programs to include:

1. Interviewing strategies;

2. Mock interviews;

3. Building rapport and guiding the conversation; and

4. Active listening and interview follow-up.

Through the Contractor’s employment portal, graduates of the training and educational program are provided the resources to help them secure employment once they are released. The Contractor provides virtual and in-office support for job placement and career growth. Offenders will receive portal access information in their reentry pack. Once released, ex-offenders can log onto the portal to start a job search. Ex-offenders will be provided training, assistance with resume and cover letter writing, and job search skills and support.

Section I, G, 2 – Fellowship Mentoring Program: The Contractor agrees to add the following:

The Contractor shall be permitted to reduce the institutional staffing plan by one (1) Cook/Supervisor position for every two (2) program participants selected by ODRC.

Section I, G, 3 - Incentive Program: The Contractor agrees to add the following:

The State reserves the right to suspend the Contractor’s incentive program across all institutions or at specific locations if the State determines the training program and the graduation levels are unacceptable. Furthermore, if the inmate training program is suspended by the Contractor, the State expects the incentive program to be suspended. If the State suspends the inmate training program, the Contractor will seek the agency’s approval before continuing to operate the incentive program.

The State acknowledges that there are circumstances, such as the ongoing pandemic, that are beyond normal operational control and will review with the Contractor, to the extent possible, prior to suspending the incentive and inmate training programs.

* Indicates administrative update to change Contractor Monitor to Contract Monitor, effective 06/24/24.

MUTUALLY AGREED UPON CHANGES (Cont’d)

Section I, N – Master Menu: The Contractor agrees to add the following:

The Contractor will actively seek out opportunity buys of sufficient quantity to cover all institutions throughout the life of the contract. The Contractor will notify the DRC Contract Manager or designee of the opportunity buys and obtain approval prior to serving the items in the institutions. If an opportunity buy results in a cost savings and it is mutually agreed upon by DRC and the Contractor, the savings shall be equally split between DRC and the Contractor.

The Contractor will serve, in all institutions, ice cream of any flavor at least once a quarter in place of the cake, cookie, or brownie.

Section I, O – Other Meals served under the Master Menu: The Contractor agrees to change this section to include the following:

Enhanced Sack Lunches:

The Contractor shall provide Enhanced Sack Lunches at the additional price per meal of $2.50 above the per diem rate. The Contractor will maintain this rate for the initial term of the contract, July 1, 2021 – June 30, 2025.

Holiday Meals:

Two additional holiday meals will be added, one for Black History Month and one designated as a Spring Kickoff. The Contractor will work with DRC to develop and implement the holiday menus. The cost parameters will be similar for all holiday meals.

The Contractor will serve real pumpkin pie on Thanksgiving at no additional cost to the State.

Section I, X - Equipment and Equipment Surrender: The DRC and the Contractor agree to the following:

The Contractor will develop and implement a routine maintenance program based on the equipment manufacturer’s specifications. The program is to include a maintenance schedule and allow for the ability to track the program’s effectiveness. The Contractor will submit the program to the agency’s Contract Monitor or designee for approval prior to its being implemented. An annual report will be provided to the agency. Any costs for the development, implementation, and maintaining the program will be the responsibility of the Contractor.

The Contractor may utilize $1,000,000 of the existing funds from the Equipment Repair & Replacement Fund in order to fund food service costs consistent with contract language and Request for Proposal CSP900122. The charge of four and a half cents ($.045) to the price of the per meal cost will remain unchanged.

* At the direction of the agency’s Contract Monitor or designee, the Contractor will purchase or rent mobile equipment such as refrigerators/coolers, freezers, storage containers for dry goods, full mobile kitchen, and any other equipment needed for food service operations at DRC facilities. Purchase or rental expenses are to be included on the invoice for the next month as a separate line item. The equipment invoice or rental receipt is to be provided with the Contractor’s invoice. Equipment purchases and rental expenses will be reimbursed at cost.

Focus Groups:

The Contractor will establish focus groups that include offenders in the fellowship program, Contractor staff, and DRC dietary personnel to review meal ideas for the Master Menu. The group will meet at least two (2) times a year, allowing adequate time to explore ideas to determine if the nutritional requirements are maintained, the suggested changes remain within budgetary guidelines, and to incorporate any approved changes into the Master Menu.

Modified Services Due to the COVID-19 Pandemic:

Due to the ongoing COVID-19 pandemic, DRC is taking precautions to reduce exposure within all twenty-five (25) institutions.

At the direction of DRC, to limit the impact and ensure uninterrupted food operations, the Contractor will modify meal service by securing and providing paper and plastic disposable items at institutions affected by COVID-19. Additional per diem rates will apply. The Contractor will track the number of disposables used by facility, by day, and by meal. The per diem rates for these disposables will be billed on a separate invoice.

Nutritional Program:

The Contractor will develop and implement a nutritional program that will provide all inmates the opportunity to interact with dietetic technicians without a referral. Through the program, inmates will be able email questions and obtain nutritional guidance. The Contractor will implement a dedicated email address that inmates can use to contact the dietetic technicians.

The Contractor will develop brochures and program material that can be loaded to inmate tablets and the material will be made readily available to offenders at no cost to the agency.

* Indicates addition of language stating the Contractor will purchase or rent mobile kitchen equipment on behalf of DRC, effective 06/24/24.

* Eff. Date: 08/01/21

MUTUALLY AGREED UPON CHANGES (Cont’d)

* Staffing:

The Contractor clarified staffing for Lebanon, Madison, Ross, and Trumbull Correctional Institutions. Also, due to the closure of the Franklin Medical Center’s (FMC) Zone B, the Contractor’s Zone B staff are assigned to FMC Zone A and to London and Madison Correctional Institutions. The staffing counts are as follows:

Institution FSD FSM Lead Cook/Supervisor Total Staff Lebanon Correctional Institution 1 3 3 10 17 Mansfield Correctional Institution 1 3 2 12 18 Ross Correctional Institution 1 3 0 13 17 Trumbull Correctional Institution 1 2 3 10 16

* Franklin Medical Center – Zone A 1 1 1 6 9

* Franklin Medical Center – Zone B 0 0 0 0 0

* London Correctional Institution 1 3 2 12 18

* Madison Correctional Institution 1 4 2 12 19

Menu Upgrades:

The Contractor will make the following changes to the Master Menu:

Fall / Winter Menu Upgrades Spring / Summer Menu Upgrades

Add 3 Milks Weekly (9) Add 3 Milks Weekly (9)

Replace a BBQ Patty for a Pizza Meal (1) Replace a BBQ Patty for a Pizza Meal (1)

Replace a Fish Patty for a Smoke Sausage Meal (1) Replace a Fish Patty for a Smoke Sausage Meal (1)

Change Rice to a Baked Potato & Cheese Sauce (2) Change Rice to a Baked Potato & Cheese Sauce (2)

Change Mustard to Chili Sauce & Shredded Cheddar Change Mustard to Chili Sauce & Shredded Cheddar

Change Parsley Macaroni to Baked Potato and Cheese Sauce / Margarine Change one (1) Hot Oatmeal to Corn Flakes

Added Shredded Cheddar Cheese to the Burrito Meal

Change 2 slices of Bread to 1/27 cut of Cornbread

Change one (1) Hot Oatmeal to Corn Flakes

With these changes, to maintain the sodium content for the Men’s menus at or below the 3500 mg average over the three-week cycle, the Contractor will implement the following menu changes:

Fall / Winter Men’s Menu Spring / Summer Men’s Menu

WK 1 – Wednesday, Lunch – French Dressing to Italian Dressing

WK1, Tuesday, Lunch – Mustard to Ketchup

WK 2 – Wednesday, Lunch – Cookie Bar to Brownie WK 1, Tuesday, Dinner – French Dressing to Italian Dressing

WK3 – Thursday, Lunch – Mustard to Ketchup WK1, Sunday, Lunch – Cookie Bar to Brownie

WK2, Monday, Dinner – Mustard to Ketchup

WK3, Thursday, Dinner – Mustard to Ketchup

* Indicates a change in the staffing numbers are FMC, London, and Madison, effective 08/01/21.

* Eff. Date: 04/28/23

* MUTUALLY AGREED UPON CHANGES (Cont’d)

Attachment Two: General Terms and Conditions, Part One: Performance and Payment: The Contractor agrees to the following:

Economic Price Adjustment The Contract prices(s) will remain firm throughout the first twelve (12) months of the Contract. Thereafter, the Contractor may submit a request to increase their price(s) to be effective thirty (30) calendar days after acceptance by DAS. No price adjustment will be permitted prior to the effective date of the increase received by the Contractor from its suppliers, or on purchase orders that are already being processed, or on purchase orders that have been filled and are awaiting shipment. If the Contractor receives orders requiring quarterly delivery, the increase will apply to all deliveries made after the effective date of the price increase.

Price increases must be supported by a general price increase in the cost of the materials/services rendered due to documented increases in the cost of related materials/services. Detailed documentation, to include a comparison list of the Contract items and proposed price adjustments must be submitted to support the requested adjustment. Supportive documentation should include, but is not limited to: copies of the old and the current price lists or similar documents which indicate the original base cost of the product to the Contractor and the corresponding adjustment, and/or copies of correspondence sent by the Contractor's supplier on the supplier's letterhead, which contain the above price information and explains the source of the adjusted costs in such areas as raw materials, freight, fuel or labor, etc.

Should there be a decrease in the cost of the finished product due to a general decline in the market or some other factor, the Contractor is responsible to notify DAS immediately. The price decrease adjustment will be incorporated into the Contract and will be effective on all purchase orders issued after the effective date of the decrease. If the price decrease is a temporary decrease, such should be noted on the invoice. In the event that the temporary decrease is revoked, the Contract pricing will be returned to the pricing in effect prior to the temporary decrease. Failure to comply with this provision will be considered as a default and will be subject to the Suspension and Termination section contained herein.

Attachment Three: General Terms and Conditions, Part Two: Work & Contract Administration: The Contractor agrees to the following:

Prohibition of the Expenditure of Public Funds for Offshore Services No State Cabinet Agency, Board or Commission will enter into any contract to purchase services provided outside of the United States or that allows State data to be sent, taken, accessed, tested, maintained, backed-up, stored, or made available remotely outside (located) of the United States, unless a duly signed waiver from the State has been attained.

Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid for services the Contractor performs outside of the United States for which it did not receive a waiver. The State does not waive any other rights and remedies provided to the State in the Contract.

Further, no State agency, board, commission, State educational institution, or pension fund will make any purchase from or investment in any Russian institution or company. Notwithstanding any other terms of this Contract, the State reserves the right to recover any funds paid to Contractor for purchases or investments in a Russian institution or company in violation of this paragraph. The provisions of this paragraph will expire when the applicable Executive Order is no longer effective.

The Contractor must complete the Contractor/Subcontractor Affirmation and Disclosure Form affirming the Contractor understands and will meet the requirements of the above prohibition. During the performance of this Contract, if the Contractor changes the location(s) disclosed on the Affirmation and Disclosure Form, Contractor must complete and submit a revised Affirmation and Disclosure Form reflecting such changes.

* Indicates the Conditional Pricing provision included in Amendment #4, dated 07/01/22, is repealed, effective 04/28/23.

https://procure.ohio.gov/pdf/EO2022-02D/04-Affirmation%20and%20Disclosure%20Form_3-4-22.pdf

* Page 6

CONTRACTOR INDEX

CONTRACTOR AND TERMS: CONTRACT NO.: CSP900122

0000274174 Aramark Correctional Services, LLC TERMS: Net 30 Days 2400 Market Street Philadelphia, PA 19103-3041

* CONTRACTOR’S CONTACT: Mr. Aaron Dillon, V.P. Operations Telephone: 330-433-9293 Email: dillon-aaron@aramark.com

CONTRACTOR’S CONTACT: Mr. Bob Barr, Regional V.P. Telephone: 609-617-5818 Email: barr-robert@aramark.com

CONTRACTOR’S CONTACT: Mr. Tim Barttrum, President Telephone: 765-730-782 Fax: 630-271-5758 Email: barttrum-tim@aramark.com

REMIT TO:

Aramark P.O. Box 978839 Dallas, TX 75397-8839

* Indicates an update to the Contractor’s Contacts, effective 06/24/24.

* Eff. Date: 07/01/25

COST SUMMARY

OPERATION AND MANAGEMENT OF FOOD SERVICE

CSP900122

UNSPSC CATEGORY CODE: 90101700

OAKS ID: 38964

Description 07/01/21 – 06/30/22

07/01/22 – 06/30/23

4/28/23 – 06/30/23

07/01/23 – 06/30/24

07/01/24 - 06/30/25

07/01/25 - 06/30/26

07/01/26 - 06/30/27

* 1 Per Diem Rate per Inmate for 3 meals (Unit Price) $ 3.954 $ 4.041 $ 4.426 $ 4.623 $ 4.623 $ 4.825 $ 4.989

* 2

Price per Kosher / Halal religious meal; in excess of 275 Kosher / Halal meals Statewide per day;

billed at the Per Diem price

$ 3.75 $ 3.84 $ 3.84 $ 4.04 $ 4.04 $ 4.22 $ 4.37

Payment will be made based on actual Midnight Census Count.

The Contractor is to provide a credit equal to 1/3 of the daily Per Diem Rate for each Kosher / Halal meal served that exceeds 275 meals. The credit must be itemized on all invoices.

CONDITIONAL PRICING: Provided the requirements of the Conditional Pricing provision are maintained, the Per Diem Rate will be the following:

Description 07/01/22 – 12/04/22

12/05/22 – 03/31/23

04/01/23 – 04/27/23

1 Per Diem Rate per Inmate for 3 meals (Unit Price) $4.152 $4.276 $4.426

* Indicates an increase in pricing, effective on or after 07/01/25.

* Eff. Date: 07/01/25

* COST SUMMARY CONT’D

COVID-19 - ADDITIONAL RATES APPLICABLE ONLY DURING THE PANDEMIC

OAKS ID: 38994

Description Additional Per Diem Rate:

Additional Per Meal Rate - Meals served using disposable 3C Containers/Cups/Sporks. $ 0.196

Additional Per Meal Rate - Meals served using disposable 8 oz Bowl with Lid $ 0.083

Additional Per Meal Rate - Meals served using #6 Paper Bags $ 0.038

Additional Per Meal Rate - Meals served using Sandwich Bags $ 0.018

The expenses for disposable paper and plastic items are to be billed on a separate invoice.

All costs must be in U.S. Dollars.

The State will not be responsible for any costs not identified.

* Indicates the addition of an expanded Cost Summary due to spacing, effective on 07/01/25.

Eff. Date: 07/01/25

* Page 9

SUMMARY OF AMENDMENTS

Amendment Number Effective Date Description

10 07/01/25

This amendment is issued to notify that as a result of mutual agreement between the State of Ohio and the Contractor, this contract is renewed for an additional 24 months, effective 07/01/25 through 06/30/27.

This amendment is also issued to notify of an increase in the Per Diem Rate per Inmate for 3 meals and the Price per Kosher / Halal religious meal pricing, effective with all orders issued on or after 07/01/25; the addition of an expanded Cost Summary due to spacing;

and repagination.

9 06/24/24

This amendment is issued to notify of a mutually agreed upon change to the Scope of Work, Section I., X. - Equipment and Equipment Surrender to allow the Contractor to purchase or rent mobile kitchen equipment at the direction of DRC, effective 06/24/24. This amendment is also issued to update the Contract Contacts for Aramark Correctional, LLC and to make an administrative correction on the contract.

8 04/28/23

This amendment is issued to retroactively adjust the Per Diem Rate per Inmate for 3 meals (Unit Price), effective with all orders issued on or after 04/01/23. This amendment is also issued to increase the Per Diem Rate per Inmate for 3 meals (Unit Price) that will be effective on 07/01/23 and 07/01/24; to indicate DRC’s authorization for the Contractor to use $1,000,000 of the existing Equipment and Repair Fund to fund food service costs; to repeal the Conditional Pricing provision from the Terms and Conditions that was added with Amendment #4, effective 04/28/23; and to indicate repagination.

7 12/09/22

This amendment is issued to notify of an increase in the additional price per meal for Enhanced Sack Lunches, effective with all orders issued on or after 12/09/22. This amendment is also issued to update the Contract Contacts for Aramark Correctional Services, LLC.

6 12/05/22 This amendment is issued to notify of an increase in the Conditional Pricing Per Diem Rate, effective with all orders issued on or after 12/05/22.

5 09/19/22 This amendment is issued to notify of an update to an item description in the catalog, effective with all orders issued on or after 09/19/22.

4 07/01/22

This amendment is issued to notify of conditional pricing, effective with all orders issued on or after 07/01/22; to indicate the addition of a Conditional Pricing provision, to indicate changes to the language of the Economic Price Adjustment and the Prohibition of the Expenditure of Public Funds for Offshore Services terms and conditions; and to repaginate.

3 02/07/22

This amendment is issued to indicate the removal of the modified menus and the additional per diem meal rates due to the expiration of the Executive Order. This amendment is also issued to indicate the addition of expanded per diem rates for disposable paper and plastic items used at institutions affected by COVID-19 and at the direction of DRC, effective 02/07/22.

2 08/01/21

This amendment is issued to clarify the contracted staffing level at institutions when the Fellowship Mentoring Program participants are used at the institution and to update the staffing counts at Franklin Medical Center, Zones A and B; London Correctional Institution;

and Madison Correctional Institution, effective 08/01/21.

1 07/01/21

This amendment is issued to remove Madison Correctional Institution, to list Mansfield Correctional Institution, and to correct the staffing numbers provided for Mansfield and Ross Correctional Institutions, effective 07/01/21. This amendment is also issued to add a Summary of Amendments page to the contract.

* Indicates repagination, effective 07/01/25.

CONTRACT FOR: OPERATION AND MANAGEMENT OF FOOD SERVICE