Amendment # 1 · Amendment # 1 Page 2 of 2 IN WITNESS THEREOF, the parties hereto have caused this...

C1927Amendment # 1

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CONTRACT AMENDMENT BETWEEN

THE DEPARTMENT OF CORRECTIONS

AND

ARAMARK CORRECTIONAL SERVICES, INC.

This is an Amendment to the Contract between the Florida Department of Corrections (“Department”)and Aramark Correctional Services, Inc., (“Contractor”) to provide food service operations at the hereindesignated institutions and satellite facilities throughout the State of Florida.

This Amendment:

� adds Section VII., CC., No Third Party Beneficiaries.

Original Contract period: July 1, 2001 through June 30, 2006

In accordance with Section V., Contract Modifications; the following changes are hereby made:

1. Section VII., CC., No Third Party Beneficiaries, is hereby added to read:

CC. No Third Party Beneficiaries

Except as otherwise expressly provided herein, no term, provision, or clause contained inthis Contract, or in any amendment, addendum or exhibit hereto, shall be construed asbeing for the benefit of, or for providing a benefit to, any party not a signatory hereto.

This Amendment shall begin on the date on which it is signed by both parties.

All other terms and conditions of the original Contract remain in full force and effect.

REMAINDER OF THIS PAGE INTENTIONALLY BLANK.

C1927Amendment # 1

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IN WITNESS THEREOF, the parties hereto have caused this Amendment to be executed by theirundersigned officials as duly authorized.

CONTRACTOR: STATE OF FLORIDAARAMARK CORRECTIONAL SERVICES, INC. DEPARTMENT OF CORRECTIONS

SIGNED SIGNEDBY: BY:

NAME: NAME: Michael W. Moore

TITLE: TITLE: SecretaryDepartment of Corrections

DATE: DATE:

FEID #: APPROVED AS TO FORM ANDLEGALITY SUBJECT TO EXECUTION BY THE PARTIES

Louis A. VargasGeneral CounselDepartment of Corrections

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Page 1 of 44MODEL DOCUMENT REVISED 5/21/01

CONTRACT BETWEEN

THE DEPARTMENT OF CORRECTIONS

AND

ARAMARK CORRECTIONAL SERVICES, INC.

This Contract is between the Florida Department of Corrections ("Department") and AramarkCorrectional Services, Inc. ("Contractor") which are the parties hereto.

WITNESSETH

Whereas, the Department is required to ensure that all inmates are provided care, custody, treatment,housing, and general handling in accordance with Section 945.04, Florida Statutes;

Whereas, it is necessary that budget resources be allocated effectively;

Whereas, this Contract is procured as a result of RFP #01-DC-7332 and a negotiated settlement of theContractor’s formal bid protest, pursuant to Section 120.57 (3) (d) (1), Florida Statutes; and

Whereas, the Contractor is a qualified and willing participant with the Department to provide food serviceoperations at the herein designated institutions and satellite facilities throughout the State of Florida.

Therefore, in consideration of the mutual benefits to be derived herefrom, the Department and theContractor do hereby agree as follows:

I. CONTRACT TERM AND RENEWAL

A. Contract Term

This Contract shall begin on July 1, 2001, or the date on which it is signed by both parties,whichever is later, and shall end at midnight on June 30, 2006. In the event this Contract issigned by the parties on different dates, the latter date shall control. Notwithstanding thepreceding sentence, the Department agrees to pay the Contractor for food services providedat the Department’s facilities from July 1, 2001, until the expiration or earlier termination ofthis Contract, in accordance with Section VI.

This Contract is in its initial term.

B. Contract Renewal

The Department has the option to renew this Contract for two (2) additional one (1) yearperiod(s) after the initial Contract period upon the same terms and conditions containedherein and at the renewal prices indicated in Section III, Compensation. Exercise of therenewal option is at the Department’s sole discretion and shall be conditioned, at aminimum, on the Contractor’s performance of this Contract and subject to the availability offunds. The Department, if it desires to exercise its renewal option, will provide writtennotice to the Contractor no later than thirty (30) days prior to the Contract expiration date. Each renewal year term shall be considered separate and shall require exercise of therenewal option for each year the Department chooses to renew this Contract.

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II. SCOPE OF WORK

A. General Overview of Services

The Contractor shall supply complete food service operations, including management and oversight ofthe project as well as the delivery of food products, labor, materials and expendable supplies necessaryto feed inmates, staff and official visitors at Department operated institutions and satellite facilities. Allmeals shall be prepared in accordance with the Department’s Master Menu Plan using the Contractor’smenu management production system, which will enable recipes to be increased or decreasedaccording to the quantity of meals required. The Contractor shall provide management staff and linestaff to provide oversight of work performed by inmate labor for the complete provision of food serviceoperations including meal preparation, meal service and cleanup.

The Contractor shall provide food services operations which shall meet or exceed the levels specifiedin the Department’s Request For Proposals (RFP) # 01-DC-7332 and all incorporated documents asapplicable. Additionally, the Contractor’s proposal, submitted in response to RFP #01-DC-7332 isincorporated into and hereby made a part of this Contract. In the event of any conflict in languageamong these documents, this Contract will govern, followed by the Settlement Agreement entered intoin Case Number DC01-31, the Department’s RFP # 01-DC-7332 and then the Contractor’s proposal.

B. Facilities to be Serviced

The facilities receiving services under this Contract are outlined in Section II., C. below. TheDepartment reserves the right to add or delete facilities from this Contract upon thirty days writtennotice. The addition or deletion of facilities may be accomplished by letter and does not require aContract Amendment.

C. Implementation Plan and Transition Schedule

The Contractor shall continue providing services to the Department at the facilities in which theContractor currently operates. As of July 1, 2001, all services are to be consolidated herein under thisContract. This shall be a seamless transition with no interruption of service delivery. The Contractorshall commence its phase-in of all other facilities under this Contract no later than July 1, 2001 inaccordance with the Contractor’s phase-in plan as delineated below, and shall complete its phase-in atall institutions within ninety (90) days thereof. Satellite facilities will be brought online with the maininstitution which is responsible for oversight of the satellite facility. The Contractor shall ensure that theContract Manager is provided the information needed to have the NCIC/FCIC background checkconducted prior to any new Contractor staff being hired or assigned to work under the Contract. Referto Contract Section 17., Contractor Staff Employment Regulations.

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DOC REGION I DOC REGION II

Facility Implementation Date Facility Implementation Date

102 Apalachee East Unit September 9 279 Baker CI August 26

101 Apalachee West Unit September 9 261 Baker WC August 26

114 River Junction WC September 9 201 Columbia CI August 26

105 Calhoun CI September 23 Columbia Annex *

165 Calhoun WC September 23 264 Columbia WC August 26

106 Century CI September 16 249 Lake City WRC August 26

167 Century WC September 16 211 Cross City CI August 12

177 Berrydale FC September 16 262 Cross City WC August 12

164 Pensacola WRC September 16 205 Florida State Prison MainUnit

August 19

109 Gulf CI September 23 204 Florida State Prison WC August 19

150 Gulf CI Annex September 23 277 Gainesville CI August 5

170 Gulf FC September 23 240 Gainesville WC August 5

171 Franklin WC September 23 266 Santa Fe WRC August 5

163 Panama City WRC September 16 215 Hamilton CI Main September 2

107 Holmes CI September 9 250 Hamilton CI Annex September 2

162 Holmes WC September 9 263 Hamilton WC September 2

136 Caryville WC September 9 281 Lancaster CI August 12

104 Jackson CI September 9 280 Lancaster WC August 12

166 Jackson WC September 9 255 Lawtey CI August 26

160 Graceville WC September 9 Dinsmore WRC August 26

156 Marianna WRC September 9 212 Mayo CI August 12

103 Jefferson CI September 2 265 Mayo WC August 12

120 Liberty CI September 23 209 NFRC Main Unit August 26

139 Quincy Annex September 23 208 NFRC West August 26

121 Liberty WC September 23 210 New River East Unit August 19

216 Madison CI September 2 206 New River West August 19

289 Madison WC September 2 214 Putnam CI August 5

115 Okaloosa CI September 16 218 Taylor CI August 12

161 Okaloosa WC September 16 213 Union CI August 19

119 Santa Rosa CI September 16118 Wakulla CI September 23134 Tallahassee RP September 23168 Tallahassee WRC September 23

Wakulla WC September 23108 Walton CI September 9172 Walton WC September 9110 Washington CI September 16

*Not currently housing inmates. To be implemented at a later date indicated in the RFP.

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DOC REGION III DOC REGION IV

Facility Implementation Date Facility Implementation Date

503 Avon Park CI July 15 475 Broward CI July 1

504 Avon Park WC July 15 560 Desoto CI Annex July 15

310 Brevard CI July 29 Desoto CI (Main) (2) *

363 Brevard WC July 29 564 DeSoto WC July 15

320 CFRC Main Unit July 29 525 Arcadia RP July 15

321 CFRC East Unit July 29 426 Big Pine Key RP July 1

323 CFRC South Unit July 29 406 Glades CI July 8

341 Cocoa WRC July 29 462 Glades WC July 8

374 Kissimmee WRC July 29 452 Atlantic WRC July 8

362 Pine Hills WRC (F) July 29 431 Loxahatchee RP July 8

361 Orlando PRC July 29 469 West Palm Beach WRC

July 8

336 Hernando CI (F) July 22 501 Hardee CI July 15

529 Hillsborough CI July 15 563 Hardee WC July 15

312 Lake CI July 22 576 Hendry CI July 8

314 Lowell CI (F) August 5 561 Hendry WC July 8

Lowell Annex (F) * 527 Copeland RP July 8

366 Lowell Boot Camp(F) August 5 418 Indian River CI July 8

Lowell Forest Hills August 5 430 Martin CI July 1

287 Levy FC (F) August 5 Martin TC (2) July 1

304 Marion CI August 5 420 Martin WC July 1

364 Marion WC August 5 444 Fort Pierce WRC July 1

552 Largo RP July 22 404 Okeechobee CI July 8

540 Bartow WRC July 15 402 SFRC (Main) July 1

578 Bradenton DTC July 15 SFRC South Unit (2) *

554 Pinellas WRC July 22 446 Hollywood WRC July 1

583 St. Petersburg WRC July 22 457 Miami North WRC July 1

572 Tarpon Spring WRC July 22 465 Pomp Beach WRC July 1

307 Sumter CI July 22 473 Opa Locka WRC July 1

308 Sumter Boot Camp July 22365 Sumter WC July 22282 Tomoka CI July 29284 Tomoka WC July 29242 Daytona WRC July 29573 Zephyrhills CI July 22573 Zephyrhills CI (F) July 22

*Not currently housing inmates. To be implemented at a later date indicated in the RFP.

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D. Rules and Regulations

All services provided must meet the applicable requirements of the following:

42 Code of Federal Regulations Part 2;The Federal National Child Nutrition Program: This program provides the Federalguidelines indicated in the Code of Federal Regulations for the National SchoolLunch and Breakfast Program, 7 CFR, Parts 210 and 220;Chapters 39, 397 and 415 of the Florida Statutes;Section 4A-44.003(3) and Chapters 33, 62-709 and 64E-11 of the FloridaAdministrative Code; andAmerican Correctional Association (ACA) Accreditation: The Contractor mustmaintain full ACA accreditation as related to food service operations at accreditedinstitutions. Currently, all institutions are fully accredited. Failure to maintainaccreditation will result in the assessment of liquidated damages as set forth inSection AA of this Contract.

Additionally, services must also meet the requirements of the following Departmentof Corrections’ Procedures (subject to current revision):

Procedure # 203.002 Cash Meals;Procedure # 204.001 Farm and Gardening Program;Procedure # 204.002 Food Service Standards;Procedure #TBA - (Draft) National Child Nutrition Program; andProcedure # 401.009 Prescribed Therapeutic Diets Procedure.

In addition to the rules and regulations above, the Contractor shall adhere to any ofthe Department’s Bureau of Food Services’ instructional documents and anysubsequent revisions and/or addenda to those documents.

Should the above-stated rules or regulations change during the course of thisContract, the updated rules, regulations and requirements will take precedence. Theabove laws, rules, regulations and procedures are incorporated herein by referenceand made a part of this Contract.

The Contractor and the Department shall work cooperatively to ensure a highstandard of service delivery and compliance with all applicable Federal, State ofFlorida and Department statutes, rules, policies and procedures, whether referencedin this Contract or not.

The Department reserves the exclusive right to make certain determinations regardingthe service requirements outlined in this Contract. The absence of the Departmentsetting forth a specific reservation of rights does not mean that determination regardingany other services to be delivered as a result of this Contract are subject to mutualagreement. The Department reserves the right to make any and all determinationsexclusively which it deems are necessary to protect the best interests of the State ofFlorida and the health, safety and welfare of the Department’s inmates.

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E. Staffing Plan

The Contractor shall provide adequate staffing for each Department facility,including at each work release center and road prison. The Contractor’s staffing planwith scheduled hours of coverage is attached to this Contract as Attachment I. TheContractor shall maintain the allowed minimum staffing plan and scheduled hours ofcoverage during the life of the Contract and shall ensure that all Contractormanagement and line staff positions are filled for the entire scheduled work period(s),and that individuals are physically present at the work site as scheduled. Any changesto the Contractor’s staffing plan shall be in writing by the Contractor and must beapproved in writing by the Contract Manager.

At each work release center and road prison, Correctional Officer employees of theDepartment shall continue to provide services as they currently exist, with theexception of food services.

F. Minimum Service Requirements

1. Meal Service

The Contractor shall provide all meals, in accordance with the Master Menuor approved variations, to be served at temperatures in compliance with thoserequired by Florida Administrative Code Rule 64E-11, Food Hygiene in amethod approved by the Department. The Contractor is expected to be on-site, to prepare, serve and clean up after food service delivery. TheContractor shall ensure that meals begin within the following time rangessubject to adjustment as determined by the Warden: Breakfast 5:30am –6:00am; Lunch 11:30am – 12:00 noon; Supper 4:45pm – 5:00pm. Mealsshall be served cafeteria-style in all facilities, unless otherwise stated. Incoordination with the Department’s nutritionist, the Contractor shall provideall food services required under this Contract in accordance with theDepartment’s Master Menu using the Contractor’s menumanagement/production system, which will enable recipes to be increased ordecreased according to the quantity of meals required. Subsection 3.2.2entitled “Master Menu” as set forth in the RFP shall still apply to thisAgreement. The Contractor shall ensure that the food items served are theportion sizes required per the Master Menu and all required food items areplaced on the inmates’ trays.

In the event of an emergency, as determined by the Warden of the Institution,the Contractor shall continue to serve meals in compliance with allDepartment emergency plans/operations and/or as specifically instructed bythe Warden or Contract Manager. Applicable Department emergency planswill be made available at each Institution and satellite facility and may requirethe Contractor to alter normal operations and staffing.

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2. Master Menu

The Department’s Master Menu shall be served as written, unless modified tomeet special dietary requirements. Any variations from the Master Menumust receive prior approval of the Department's Contract Manager ordesignee, except as indicated in Section F., 4., Exceptions to the MasterMenu. The Department reserves the right to change the Master Menu andwill provide the Contractor thirty (30) days written notice of change. It isanticipated that changes to the Master Menu will not increase the overall costof food products as such changes are to be unsubstantial in nature.

The Contractor shall provide beverages as specified by the Master Menu andwater shall be available at all meals on an unlimited basis. The nutrient drinkserved at the evening meal shall be fortified and shall be purchased asrequired by the Bureau of Food Services.

Compliance with the Master Menu shall include correct portions, correctlyutilizing recipes and use of proper ingredients utilizing the approved foodslist. The recipes may be modified upon prior written approval of the ContractManager after review by the Department’s Dietician. All modified recipesshall meet the Department’s guidelines.

The Master Menu consists of several components with specific guidelinesthat meet various inmate dietary needs. Each component has an alternateentrée to provide for religious needs and some inmate preferences. Thecomponents of the Master Menu are as follows:

a. Adult Master Component

This component contains the menu requirements for the general adultinmate population and meets the Recommended Dietary Allowances(RDA).

b. Youthful Offender Component

This component contains the menu requirements for the inmatepopulation under the age of twenty-one (21).

c. Modified Diet Component

This component contains the menu requirements for meeting specificdietary needs of inmates with medical conditions.

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d. Alternate Menu Component

This component contains the menu requirements designed to meet thedietary requirement of both female offenders and geriatric maleinmates (50 years of age or older). Currently, this component is notbeing utilized as part of the Master Menu but may be added by theDepartment at a later date.

3. Other Meals served under the Master Menu

The Contractor shall provide each of the following meals in accordance withthe requirements of the Master Menu. These meals are provided in areas otherthan the dining room such as confinement, work squads and in dormitories. Food shall be prepared in sufficient quantities to feed staff or guests.

a. Confinement/Infirmary Meals

The Contractor’s staff shall supervise the preparation of meals inaccordance with the Master Menu for inmates assigned to confinementareas and the infirmary. The transportation and delivery of the preparedmeals shall be accomplished using inmates assigned to the Contractorand shall be supervised by Department Security personnel. Meals willbe delivered in pre-portioned individual serving trays in such a manneras to maintain food temperature requirements.

b. Sack Lunches

The Contractor shall provide sack lunches in accordance with theMaster Menu and Sack Lunch Menu component for groups of inmateswho require meals and cannot receive lunches as listed on the AdultMaster Menu, such as inmates going to outside court, inmate workcrews and inmate transfers. To enhance inmate work-day productivity,the Contractor shall deliver sack lunches to the control room or sallyport gate when requested by the institutional staff. Sack lunches forstaff during emergency situations shall be made available upon requestof the Warden in the institution and will be invoiced separately fromthis Contract at a cost of one third (1/3) of the per diem rate per sacklunch. Food temperature requirements apply to sack lunches as well.

c. Medical Diets

The Contractor shall provide meals for medical diets which mustinclude any diet foods specified by the Department’s Bureau of FoodServices. Medical diets should be served according to the recipes andmenus in the Modified Diets Manual. Medical diets are prescribedfrom a Department approved list of medical diets by physicians,

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dentists or clinical associates in each institution’s medical unit. Snacks are considered part of the medical diet and are not billedseparately. Ready to drink, liquid supplements, prescribed foradditional nutrition, such as Ensure or Sustacal, will be provided bythe Department’s medical staff at each institution.

d. Alternate (Meatless) Entrees

The Contractor shall provide alternate (meatless) entrées as requiredby the Master Menu. The alternate (meatless) entree is designed toprovide meal options for inmates who choose to abstain from porkand/or meat in their diets. Inmates shall be given a choice of theregular or alternate (meatless) entrée. Inmates may choose one or theother, but not both. The vegan meal pattern, which is also part of thealternate entrée program, provides meal options for inmates whochoose to avoid eating any animal products.

e. Guest Meals

The Contractor shall ensure meals for the facility's staff or guests areprovided for a price not to exceed $1.00 per meal. The meal charge ispaid to the Contractor by the staff or guest. The Contractor shallensure that inmates do not handle any money at any time. TheContractor shall maintain documentation for the number of thesemeals served. At a minimum, this will include sign-in sheets for thepurpose of audit verification. These meals will not be included in theContract monthly invoice. Any meals served without charge,authorized by the Warden, will be invoiced separately.

f. Outside Entity Meals

Upon thirty (30) days written notification from the Contract Manager,the Contractor shall provide additional meals for entities undercontract with the Department, such as county jails. Outside entitymeals shall be prepared in accordance with the Master Menu and shallbe included separately on the Contractor’s invoice to the Departmentat a cost of one third (1/3) of the per diem rate per meal.

4. Exceptions to Master Menu

The Contractor shall provide meals in accordance with the Master Menu andany additional menu components as required by the Department. Anyunauthorized exception may be considered breach of contract. Exceptionsmay be approved due to extenuating circumstances (i.e., non-delivery of fooditems, spoilage, or equipment breakdown). Requests for exceptions shall beapproved by the Department’s Bureau of Food Services on a daily basis until

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the problem is corrected. Such approval or disapproval will be provided bythe Bureau of Food Services via the Department’s Contract Manager andtimely notification shall be provided to the Contractor.

5. National Child Nutrition Program

The National Child Nutrition Program (NCNP) is a federally funded programadministered by the Department of Education which is coordinated andmonitored by the Department of Correction's Bureau of Food Services. Theprogram provides for specific nutritional requirements for inmates undertwenty-one (21) years of age assigned to a designated bed in a specific housingarea at a facility specifically participating in the NCNP program. Institutionsthat are participating in the NCNP program are identified in the table includedin Subsection 2.3 of the RFP document.

The Contractor shall ensure that all requirements for the Department’scontinuing participation in the National Child Nutrition Program (NCNP) aremaintained. The Department’s Bureau of Food Services shall be responsible forproviding training and technical assistance on meeting NCNP requirements ona scheduled basis as well as upon written request. NCNP requirements includemandatory attendance by a designee of the Contractor at NCNP trainingprovided by the Department’s Bureau of Food Services. Participation in theNCNP training only applies to the staffs of the facilities designated for NCNPparticipation in RFP Subsection 2.3 at this time, but will be required if theNCNP is implemented in other facilities. The following specific guidelinesshall be followed.

a. All meals for eligible NCNP participant inmates shall be served inaccordance with the Youthful Offender Component of the MasterMenu. The Youthful Offender Menu component requires that allNCNP inmates shall be served one-half (1/2) cup serving of fruits orvegetables, or one-half (1/2) cup of full-strength fruit or vegetable juiceor eight (8) fluid ounces of fifty percent (50%) fruit juice beverage at allbreakfast meals. At all lunch meals including sack lunches, in additionto serving the Master Menu, all NCNP inmates shall be served one-half(1/2) pint of fluid whole milk or unflavored low-fat milk as a beveragewhich meets state and local standards. The Youthful Offender Menucomponent requires the serving of low-fat milk at breakfast. At lunch,both whole milk and low fat milk must be available and in sight of eachparticipating inmate to allow a choice of milks to be made at the time ofservice.

b. Food and/or beverage purchases that are required for NCNP complianceshall be documented separately from other food and beverage purchases. Specific records associated with compliance of the NCNP must bemaintained by the Contractor.

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c. NCNP Summary Count Report

The “NCNP Summary of Daily Meal Counts” report for each institutionparticipating in the NCNP program shall be submitted on a monthly basisin the format required by the NCNP Program. The NCNP SummaryCount Report shall be submitted electronically in the Contractor’sapproved format to the Department’s Bureau of Food Services, PublicHealth Nutrition Program Manager by the 6th day of each month.

d. Non-Compliance with NCNP Requirements:

In the event a federal, state or Department audit or review results in afinding of non-compliance with NCNP rules and regulations, theContractor shall be liable for liquidated damages as outlined in SectionAA of this Contract.

6. Daily Inmate Count/Meal Counts

a. Institutional administration will determine the daily inmate count basedon the midnight census from the night before. The Contractor shall beresponsible for determining the appropriate number of meals to beprepared according to the midnight census and the approved MasterMenu for each facility. The daily invoice amount shall equal themidnight census times the per diem rate for each institution. All NCNPinmates must be counted separately at the point of meal delivery per theestablished procedures regarding Meal Counts.

b. Payment requests for any meals that are provided in excess of thenumber equal to the midnight census must have prior written approvalof the Contract Manager or designee. A written record of approval shallbe maintained by the Contractor and submitted with any invoice orpayment request for meals in excess of the midnight census.

7. Verification of Inmate Meal Count

a. The Contractor shall utilize its current mechanical and data confirmationprocess to provide inmate count, verification and reconciliation data.

b. The Officer In Charge (O.I.C.) or designee and a Contractor ManagementStaff member shall sign the daily count sheet documenting the actualmeals served as determined by the serving-line count following eachmeal. The daily count sheet shall be maintained on-site in accordancewith Section F., 19., Records and Documentation, of this Contract.

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c. At institutions where applicable, the NCNP meal count (of NCNP mealsserved), shall be documented separately from actual meals served.

8. Food Supplies

a. The Contractor shall be responsible for purchasing and receiving allfood necessary for preparation of each meal in accordance with theMaster Menu to meet the needs of inmates, staff and visitors. Whenavailable, the Contractor may utilize USDA commodities used to servethe Master Menu thereby reducing the contractor’s raw costs of foodproducts by the assigned value of the USDA commodities used for thatpurpose. The Contractor will be responsible for ordering, receiving,storing, and accounting for USDA products.

b. Unless otherwise available at a lower price, the Contractor shallpurchase inmate grown produce from the Department upon notificationof availability from the Department’s Edible Crops Program. TheDepartment will provide produce when seasonably available and inpacking house quality. In the event the Contractor can document lowerprices from other wholesale sources, the Department shall have theoption of reducing the price of the produce for the Contractor, prior tothe Contractor purchasing from another source.

c. The Department shall designate existing warehouse storage space forthe support of this Contract. The Contractor shall assume allresponsibility for inventory stored in the Department-providedwarehouse storage space. Department warehouse staff shall not beutilized for receipt, handling or maintenance of the Contractor’s foodproducts inventory (including rotation or movement from thedesignated warehouse space to the kitchen).

d. The Contractor shall be responsible for assuring that the food suppliesare ordered and deliveries are made in accordance with the deliveryschedules and security procedures as established at each institutionand/or facility. Each institution and/or facility requires advancenotification of all deliveries.

e. The Department’s Bureau of Food Services will maintain a list ofapproved meat items. The Contractor shall supply a list to theDepartment's Bureau of Food Services of all meat items withingredients to be used to produce the Master Menu for the purpose ofverification of compliance with the Department’s list of approved meatitems. The Contractor’s list shall be presented not less than ten (10)days prior to the execution of the Contract. The Department mayrequire samples of the various meat items for taste testing prior to

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approval of the list. The Contractor shall request written approvalfrom the Bureau of Food Services for future changes to the meat list.

9. Non-Food Supplies

a. The Contractor shall be responsible for providing the following items inquantities sufficient to ensure compliance with all minimum servicerequirements of this Contract:

All cleaning supplies;Hair restraints and gloves;Single service plates, cups and eating utensils except in emergencysituations or equipment breakdown (The Contract Manager willdetermine when an emergency situation exists.);Hand washing soap;Dish soap and related products;Mops and brooms;Office supplies;Paper towels;Lunch bags;Sandwich bags;Napkins;Towels;Toilet Paper;Salt and pepper shakers or packets;Janitorial supplies; andAprons.

b. The following is a list of items to be provided/purchased by theDepartment in quantities to be determined by the Contract Manager:

All pots and pans;Mop buckets;Service utensils;Trays;Tumblers;Forks, knives and spoons (permanent wear);Single service plates, cups, and eating utensils in emergency situationsor equipment breakdown, when approved by the Contract Manager;Garbage containers and bags and adequate trash removal as deemednecessary to maintain the highest standards of sanitation, not includingswill removal; andPest control for all areas assigned to the Contractor in accordance withthe existing institutional policy and procedure directives.

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10. Equipment, Work Space, Swill Removal and Administrative Support

a. The Department will allow the Contractor to utilize the Department’sfood service equipment currently in place at each kitchen. TheDepartment will provide an inventory list of all such food serviceequipment to the Contractor upon execution of the Contract. TheDepartment will be responsible for maintaining ALL food serviceequipment, including repair and replacement (including installation)of Department-owned equipment.

b. The Contractor shall be responsible for ensuring that equipment providedby the Department is operated and cleaned in strict accordance with themanufacturers’ operating manuals. The Contractor shall adequately operate,clean and maintain the kitchen equipment to minimize any abuse to theequipment. In the event the Department determines that equipment hasbeen damaged or abused due to the lack of adequate Contractor oversight orother negligence, the Contractor shall be liable for repair and/or replacementof equipment.

c. The Department will permit the Contractor to install additional foodservice equipment (other than Department-owned items on the originalinventory list provided at Contract execution) at the Contractor’sexpense upon written approval from the Contract Manager. Anyadditional equipment purchased by the Contractor shall be owned andmaintained by the Contractor, at the Contractor’s expense and shall beretained by the Contractor at Contract termination. Any additionalequipment purchased, repaired, replaced or modified by the Contractorshall meet or exceed the Department’s standards for functionality,sanitation and security as determined by the Department’s Bureau ofFood Services. The Contractor shall obtain written authorization fromthe Contract Manager when repairing or replacing any non-Departmentissued food service equipment.

d. The Contractor shall submit in writing, to the Contract Manager, allrequests for repair and replacement of Department-owned equipment.

e. The Department will maintain and repair the physical plant in areasassigned to the Contractor, including painting, and will provide allutilities necessary for the performance of the food service operations asdetermined necessary by the Department. The Contractor shall operatethe facility in an energy efficient manner.

f. The Contractor shall provide for the removal of swill. Swill isdefined as cooked or uncooked food waste collected from uneatenfood on serving trays, food that has not been served and stored

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leftover food to be discarded. This includes provision of anynecessary containers for transport of swill from designated sites. TheContractor shall comply with applicable state and local regulationsregarding the handling of swill and pay for any required licenses andpermits governing swill removal. Pickup of swill shall becoordinated through the institutional and/or facility security.

g. The Department at its cost will provide for the installation of phonelines with off-site access for the Contractor’s use to allow computerconnectivity and voice phone service, however, these devices areprohibited for inmate usage. The Contractor shall be responsible forall costs associated with the telephone service. The Contractor shallbe responsible for providing all program staff office supplies (otherthan furniture) including computers, software, printers, copymachines, and copy paper. The Department will provide office spaceand furniture for use by the Contractor in each Institution’s kitchenarea. The Department will not furnish services of support (e.g.,support staff, secretarial, or clerical support) to the Contractor. Ifavailable, the Department will provide on-site office space (amount tobe determined by institution administration) for the Contractor toperform necessary administrative duties of the Contract.

11. Contractor Staffing

The Contractor shall provide qualified personnel (management and line staff)for the food service operations as specified below and as outlined inAttachment I, Staffing Plan.

a. Food Service Management Staff

The Contractor shall provide on-site management staff that shall beresponsible for total provision of food service operations.Management staff shall be required to be on-site a minimum of five(5) days a week, eight (8) hours per day. The Contractor shalldocument this by providing the Department’s Contract Manager theactual schedules worked as indicated in Contract Section F., 14., StaffTime Sheet Documentation. The two (2) remaining days of the weekmay be supervised by "swing" management staff or lead food serviceline staff with the authority to make operational decisions on theContractor’s behalf. Corporate support and site visitation shall alsobe provided to the extent necessary to achieve a successful operation. The Contractor shall provide management staff personnel in additionto food service line staff referenced in Contract Section F., 11., b.,Food Service Line Staff.

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b. Food Service Line Staff

The Contractor shall provide food service line staffing, as deemedappropriate by the Contractor, to provide oversight of the work performedby the inmates assigned to the food service area including preparation ofmeals, serving of meals, receiving materials and sanitation.

The Contractor shall provide a lead food service line staff member tocover each weekend-shift who has knowledge of, and experience with,the Department’s and Contractor's management policies and procedures. The staff person assigned to cover the weekend shift shall haveaccessibility to the Contractor's management and shall be authorized tomake management decisions on behalf of the Contractor.

12. Staffing Qualifications

The Contractor shall employ only qualified staff who possess the followingminimum qualifications as outlined below. The Department may grant aneducation/experience waiver if there are exceptional circumstances regardinga candidate being considered for employment.

a. Management Staff Minimum Qualifications:

1) A bachelor’s degree from an accredited college or universitywith a major course of study in hotel and restaurantmanagement, institutional management, food and nutrition orfood science and two years of supervising and/or overseeingfood service operation.

2) Experience in food service can substitute on a year-for-yearbasis for the required college education.

3) Completion of a program of study from a vocational/technicalschool in a food service area can substitute for one year (30semester or 45 quarter hours) of the required collegeeducation.

4) General college coursework from an accredited institution cansubstitute on a year-for-year basis. The rate of 30 semester or45 quarter hours for up to three years of the specialized degreerequirement, provided such coursework includes at least threecourses in one of the areas described above.

b. Management Staff Required Knowledge, Skills and Abilities:

Knowledge of the principles and practices of supervision andmanagement;Knowledge of the principles and techniques of food service planning;Knowledge of nutritional content of food;

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Knowledge of food service management principles and techniques;Knowledge of food service safety and sanitation procedures;Ability to plan and direct a food service program including thepurchasing, storing, preparation and serving of food at an institution;Ability to plan nutritional meals for groups of people;Ability to utilize problem-solving techniques;Ability to develop various reports;Ability to assess budgetary needs;Ability to formulate policies and procedures;Ability to prioritize work load;Ability to supervise people;Ability to determine work priorities, assign work and ensure propercompletion of work assignments;Ability to communicate effectively;Ability to establish and maintain effective working relationships withothers; andAbility to understand and apply applicable rules, regulations, policiesand procedures.

c. Line Staff Minimum Qualifications:

A High School Diploma or GED;Three years experience in any type of commercial food serviceoperations/delivery position (Completion of a program of study from avocational/technical school in a food service area can substitute for one yearof the required experience.)

d. Line Staff Knowledge, Skills and Abilities:

Knowledge of the equipment, procedures and techniques used in foodservice operations/delivery;Knowledge of basic arithmetic;Knowledge of food service safety and sanitary procedures;Ability to estimate food and supply requirements;Ability to perform basic arithmetical calculations;Ability to supervise people;Ability to determine work priorities, assign work, and ensure propercompletion of work assignments;Ability to communicate effectively; andAbility to establish and maintain effective working relationships withothers.

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13. Staffing Plans, Schedule and Vacancies

a. Staffing Plan

The staffing plan for each Institution and satellite facility is attached asAttachment I. The plan identifies the minimum number of managementand line staff positions by position title and scheduled hours of servicefor each position in each institution and/or satellite facility. This planshall be approved by signature of the Contract Manager and shall beincorporated by reference and attached to this Contract.

b. Staffing Schedule

The Contractor shall maintain the approved minimum staffing plan andscheduled hours of coverage during the life of the contract and shallensure that all Contractor management and line staff positions are filledfor the entire scheduled work period(s), and that individuals are physicallypresent at the work site as scheduled. Any changes to the minimumstaffing plan and schedule must be approved in writing by the ContractManager.

c. Staff Vacancies/Absences

Under no circumstances should any identified management or linestaff position remain vacant for longer than forty-eight (48) hours.When an absence occurs in a position that is normally occupied by anapproved staff member, the Contractor shall provide an approvedand qualified temporary/interim staff member within 48 hours. The temporary/interim staff member shall meet the minimumqualifications for that position. The Contractor shall be permittedfourteen (14) days from notice to fill any personnel vacancy prior toany imposition of liquidated damages related to such vacancy asoutlined in Contract Section AA, Liquidated Damages.

14. Staff Time Sheet Documentation

The Contractor shall establish use of a time clock or signed time sheets whichwill be used to substantiate an employee's actual on-site work. At no timeshall one person work more than two contiguous shifts. Actual schedulesworked and time logs documenting the hours worked each week by eachManagement and Line staff member, at each institution, for the precedingmonth shall be provided to the Contract Manager.

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The Contractor shall ensure that all Contractor staff are trained in food handlingand sanitation on a yearly basis. This training shall be documented. TheContractor shall ensure that all of their staff are familiar with applicableDepartment policies and procedures, rules and regulations. All staff provided bythe Contractor shall be required to attend the Department's forty- (40) hourinstitutional orientation program upon notification from the Department’sContract Manager. This program shall be provided at no charge to theContractor.

The Contractor’s on-site Food Service Manager is required to attendDepartment Head meetings held at each institution including quarterly FoodService Director’s meetings. The Contractor’s on-site Food ServiceManager, for any institution participating in the NCNP program, is alsorequired to attend NCNP training, currently being conducted twice each year.

The Contractor shall be responsible for payment of the Contractor’s staff’ssalaries, benefits, and other expenses, while attending any Departmentrequired training.

16. Contractor Staff Conduct

a. Contractor staff shall adhere to the standards of conduct governingDepartment of Corrections’ personnel including adherence to policyand procedure guidelines, particularly rules of conduct, employeeclothing requirements and security procedures, and any otherapplicable rules and regulations.

In addition, the Contractor shall ensure that all staff adhere to thefollowing requirements:

1) The Contractor’s staff shall not deal with any inmate except in arelationship that supports services under this Contract.Specifically, staff members must never accept for themselves orany member of their family, any personal (tangible orintangible) gift, favor or service, from an inmate or from aninmate's family or close associate, no matter how trivial the giftor service may seem. The Contractor shall be required to reportto the Warden or Contract Manager any violation of theserestrictions. In addition, no staff shall give any gifts, favors orservices to inmates, their family or close associates.

2) The Contractor's staff shall not display favoritism to orpreferential treatment of one inmate or group of inmates overanother.

DGENKT0

15. Training for Contractor Staff

DGENKT0

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3) The Contractor’s staff shall not have outside contact (other thanincidental contact) with an inmate being served, or their familyor close associates, except for those activities which are part ofthe activities that are to be rendered under this Contract.

4) The Contractor’s staff shall not enter into any businessrelationship with inmates or their families (example - selling,buying or trading personal property) or personally employ themin any capacity.

5) The Contractor’s staff shall not engage in any conduct which iscriminal in nature or which would bring discredit upon theContractor or the State. In providing services pursuant to thisContract, the Contractor shall ensure that its employees avoidboth misconduct and the appearance of misconduct.

6) Any violation or attempted violation of the restrictions referredto in this section regarding employee conduct shall be closelyscrutinized. Any failure of the Contractor to report a violationor take appropriate disciplinary action against the offendingparty or parties shall subject the Contractor to appropriateaction, up to and including terminating the Contract.

7) The Contractor shall report any incident requiring investigationby the Contractor in writing to the Contract Manager, within 24hours of the Contractor’s knowledge of the incident.

8) The Department reserves the right to deny access to anyinstitution and/or facility to any Contractor’s staff memberfound to have violated the provisions of this section.

17. Contractor Staff Employment Regulations

a. Criminal Records Check: The Contractor’s staff assigned to the Contractshall be subject, at the Department’s discretion and expense, to a FloridaDepartment of Law Enforcement (FDLE) Florida Crime InformationCenter/National Crime Information Center (FCIC/NCIC)background/criminal records check. This background check will beconducted by the Department and may occur or re-occur at any time duringthe Contract period. The Department has full discretion to require theContractor to disqualify, prevent, or remove any staff from any work underthe Contract. The Department is under no obligation to inform theContractor of the background check findings or the criteria fordisqualification or removal. In order to carry out this background check, theContractor and/or staff shall provide, upon request, the following data forany individual assigned to the Contract: Full Name, Race, Sex, Date of

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Birth, Social Security Number, Driver’s License Number and State of Issue. The Contractor and/or staff shall submit to fingerprinting by theDepartment for submission to the Federal Bureau of Investigation (FBI).

b. The Contractor shall ensure that the Contract Manager is provided theinformation needed to have the NCIC/FCIC background checkconducted prior to any new Contractor staff being hired or assigned towork under the Contract. The Contractor shall not offer employmentto any individual or assign any individual to work under the Contract,who has not had an NCIC/FCIC background check conducted.

c. No employee who has been barred from any Department work releasecenter or other facility shall be considered for employment at anotherDepartment contracted facility.

d. The Contractor shall not employ any individual at any site under thisproject who is under supervision or jurisdiction of any parole, probationor correctional authority. Persons under any such supervision may workfor other elements of the Contractor’s agency that are independent of thecontracted program. The objective of this provision is to ensure that noemployee of the Contractor, under any such legal constraint, has contactwith or access to any records of Department of Corrections’ inmatessentenced to sites included under this Contract.

e. The Contractor shall disclose any business or personal relationship aContractor staff person or potential hiree may have with anyonepresently incarcerated or under the supervision of the FloridaDepartment of Corrections.

f. The Contractor shall immediately report any new arrest, criminalcharges or convictions of a current employee under this project.

18. Inmate Labor

The Contractor shall use inmate labor, provided by the Department, to assist theContractor in the delivery of food service operations as described below. Inmateswill not be considered employees of the Contractor for any purposes whatsoever.

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a. Inmate Labor for Food Service

The Department will select and provide sufficient inmate labor forfood preparation, serving, sanitation and other activities that theContractor determines can be appropriately handled by inmate laborfor all meals, with the exception of periods of lock downs, strikes orother emergencies. “Skilled” positions are those that are essential tothe operation of the facility, i.e., head cooks, salad preparers andbakers. “Unskilled” positions are those that are not essential, i.e.,clean-up, servers, etc. The actual number of inmates used shall beagreed upon by the Contract Manager or Warden and Contractor andreviewed or revised as necessary. The Contractor may request theContract Manager or Warden to remove inmate staff from assignmentto food service. No inmate shall be assigned to any position thatrequires them to supervise another inmate.

b. Inmate Labor for Receiving/Warehousing

The Department will provide inmates to unload and receive food productsshipped to each institutional warehouse. However, it will be theContractor’s staff who are responsible for proper receipt and inspection.

c. Inmate Pay

The Contractor shall pay inmates that are currently being paid for foodservices at their current rate of pay. The Contractor may pay all otherinmates who provide food services under this Contract in an amountto be determined by the Contractor provided that said payment is atthe same rate throughout the State and at the same rate as the othervendor providing food services pursuant to Settlement Agreement,Case Number DC01-31. Except for inmates covered by thegrandfather provision to be paid at their current rate, any subsequentchange in the rate of pay to inmates requires approval of theDepartment. All inmate pay shall cease on January 1, 2002.

The Contractor shall remit payment of inmate wages to theDepartment for inmates assigned to food service. The Contractorshall provide one check (on a monthly basis) to:

Department of CorrectionsBureau of Finance and Accounting, Inmate Bank SectionPost Office Box #12100 Centerville StationTallahassee, FL 32317-2100.

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The payment shall identify the inmate name, number, position(skilled/unskilled), number of hours worked and total due for eachinmate. The Department will be responsible for placing the funds inthe inmate's account.

d. Monthly Evaluations

The Contractor shall conduct monthly evaluations of inmates by thetenth (10th) day of each month on forms provided by the Department. These evaluations shall be submitted to the Classification Section ateach institution.

e. Disciplinary Reporting

In the event of rule violations by inmates working with the Contractor,the Contractor shall document the incident on specified Departmentprovided forms and notify security personnel at the institution. Copies of all documentation should be submitted to the Control Roomat each institution. Security personnel will then be responsible fortaking the necessary steps for disciplinary action.

19. Records and Documentation

The Contractor may furnish all information required by this Contract and byFederal and State law using the Contractor’s data management software,equipment and services at the Contractor’s expense. The Department at itscost will arrange for provision of telephone lines for this purpose. TheContractor shall bear the cost of telephone service.

The Contractor shall maintain complete and accurate record keeping anddocumentation on-site as required by the Department and the terms of thisContract. Copies of all records and documents shall be made available for theDepartment upon request. All copying necessary for payment purposes or tomeet other terms of this Contract shall be at the Contractor’s expense. Allinvoices and documentation must be clear and legible for audit purposes. Alldocuments must be retained by the Contractor at the institution during theduration of this Contract and must also meet record requirements outlined inSection VII., A. Any records not available at the time of an audit will be deemedunavailable for audit purposes and the Contractor will be considered in violationof Section VII., A. Violations will be noted and forwarded to the InspectorGeneral for review. Upon termination of this Contract, all documents, pertainingto this Contract, must be retained by the Contractor at the Contractor’s primaryplace of business for a period of five (5) years. The Department shall be notifiedin writing of the location of the Contractor’s primary place of business and of anychanges thereto during the five-year period. In addition, the Department shall benotified, in writing, of the date the Contractor will be vacating the institution and

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shall be allowed to inspect all records and documentation before removal fromthe institutional site. The following is a list of records and documents that shallbe maintained by the Contractor as specified below:

a. Department approved production sheets with HACCP (HazardAnalysis and Critical Control Points) information filled outcompletely on a per meal basis.

b. Weekly inventory logs showing the perpetual inventory maintaineddaily on all food products in the kitchen with inventory counted byContractor staff at the beginning and end of each calendar month. Inventory records must indicate all receipts for purchases and/ortransfers, disbursements and spoilage.

c. The Contractor shall maintain documentation of the actual Master Menuserved, on a monthly basis, with identification of any menu item changesfor the previous month and any substitutions. This documentation shall becompleted on Department approved production forms and maintained bythe contractor at the institution in an accessible area. These will bereviewed by the Bureau of Food Services’ staff during routine site visits.

d. Diet receipts, signed by inmates and staff, indicating receipt oftherapeutic diets.

e. All documentation of food products and supplies received at thefacility indicating price, quantity, vendor and original invoice number.

f. All records and documents indicating the total meal count with allback-up documents.

g. All records and documents indicating the number of employees andhours worked by each employee each week.

h. All County Health Department inspection reports.

i. A copy of any and all additional inspection reports required by theDepartment, or by any local, state or federal regulations.

j. Any and all forms, reports, or documentation the Department decidesare necessary to manage a food service operation or to facilitate themonitoring of this Contract.

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20. Inspections

Department staff or personnel, as assigned by the Bureau of Food Services may,at any time, inspect any aspect of the Contractor’s food service operations,including, but not limited to the food or meals, the food storage areas, foodpreparation and serving areas. In addition, at any time, the Department mayevaluate meals for caloric values, minimum RDA's and presentation, and maytaste test food products for quality and reject all foods that fail to meetDepartment standards.

The Contractor further agrees to allow the Department access to, and the right ofreproduction of, all documents, papers, letters, or other materials made orreceived by the Contractor in conjunction with this Contract. The Departmentshall not reproduce proprietary information; however, the Department shall havereasonable access to this information and the information shall be retained by theContractor in accordance with record and documentation requirements. It isexpressly understood that substantial evidence of the Contractor’s refusal tocomply with this provision shall constitute a breach of contract.

21. Auditing and Monitoring

a. Financial Audit

The Contractor shall have an annual financial audit performed by anindependent Certified Public Accountant (CPA) at the Contractor’sexpense. The audit shall cover the Contractors’ entire fiscal year. The scope of the audit performed shall include the financialstatements and a report on internal control and compliance.Compliance findings related to contracts with the Department shall bebased on the Contract’s requirements, including any rules, regulationsor statutes referenced therein. The Contractor shall submit copies ofthe audit report and a management review letter signed by the CPAdirectly to the Contract Manager and the Department’s Office ofInternal Audit at 2601 Blair Stone Road, Tallahassee, Florida 32399-2500, within 180 days after the end of the Contractors’ fiscal year.

b. Quarterly Invoice Auditing

Department staff will perform quarterly auditing of monthly invoiceswith supporting documentation. Each monthly invoice will be auditedto ensure that inventory and production records support that mealswere prepared in accordance with Master Menu requirements and insufficient quantity for the inmate counts that were invoiced to theDepartment. In the event shortages of over 10% of the amountrequired for compliance with the Master Menu preparation aredemonstrated, the Contractor shall be liable for liquidated damages asoutlined in Section AA of this Contract.

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c. Department Monitoring

The Department will perform Contract compliance monitoring on aperiodic basis by the Contract Manager and the appropriateDepartment staff. Monitoring shall determine Contract and programcompliance or non-compliance and shall consist of, but not be limitedto, reviews of the following functions:

Payment/invoice documentation;Adherence to master menus and sub-component menus;Adherence to the approved Department food products lists;Adherence to dietary requirements;Inspection of line food service operations/delivery including thetesting/tasting of food products for acceptability;Inventory and production records which demonstrate compliance withservice delivery requirements;Adherence to the approved Contractor staffing plan and schedules; andCompliance with all applicable federal, state and local laws, rules andregulations including Departmental policies and procedures.

d. The Contract Manager will provide a written monitoring report to theContractor within two (2) weeks of the monitoring visit.

e. When issues of non-compliance are identified in the monitoringreport, a written corrective action plan (CAP) will be required of theContractor. The CAP is to be submitted to the Contract Managerwithin thirty (30) days of receipt of the monitoring report. Ifnecessary, a follow-up monitoring visit will be scheduled by theContract Manager, and will occur within sixty (60) days of theoriginal monitoring visit at which time full compliance must be met.Failure to correct deficiencies or comply with the corrective actionplan as outlined, after 60 days of receipt may result in a determinationof breach and/or termination of the Contract.

f. The Department reserves the right for any Department staff to makescheduled or unscheduled, announced or unannounced visits to anysite under the Contract.

22. Minority Subcontractor Utilization

Subcontractors will only be considered to be certified minority businessenterprises if they meet qualifications as defined under Section 288.703 andSection 287.0943(7), Florida Statutes. Certified minority business enterpriseutilization shall be in accordance with the plan as submitted by the proposerin response to Subsection 5.5.8 of the RFP. The Contractor shall purchaseeight percent (8%) of its total volume per year in support of this Contract

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from certified minority business enterprises utilizing PRIDE of Florida. TheContractor shall agree to report any certified minority business enterpriseutilization as delineated below.

Reporting of certified minority business enterprise information shall include theminority vendor name and address, the minority code as designated by theFlorida Department of Management Services, a brief description of the item(s)purchased and the dollar amount of item(s) purchased. This report shall beforwarded to the Department’s Minority Business Coordinator by the tenth dayof each month following the month of services documented. The Contractorshall provide monthly reporting on, and verification of, all dollars expendedwith regards to utilization of certified minority business enterprises to:

Jane Broyles, Minority Business CoordinatorDepartment of CorrectionsBureau of Purchasing2601 Blair Stone RoadTallahassee, Florida 32399-2500

23. Inmate Complaints/Grievances

Inmates have the opportunity to file grievances about any aspect of theirincarceration, including food service. Any grievances filed by inmatesregarding food service shall be referred to the Contractor Management Staff(Food Services Manager), who shall review the informal grievance and takeappropriate action consistent with inmate grievance procedures outlined inChapter 33-29, Florida Administrative Code. Upon request from the Bureauof Food Services or the Contract Manager, the Contractor shall furnish allinformation provided in response to any grievance in a timely manner. Anygrievances not satisfied at the institutional level can be appealed by theinmate to the Bureau of Inmate Grievance Appeals for resolution. A highnumber of appeals upheld at this level would indicate a problem/breakdownin the grievance process at the institutional level and a possible weakness inthe delivery of food services.

24. Performance Measures

Listed below are the key performance outcomes deemed most crucial to thesuccess of the desired service delivery. The Contractor shall ensure that thestated performance outcomes and level of achievement are met at eachinstitution or facility receiving services.

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a. Formal Grievances Upheld

This shall be determined by the number of formal inmate grievancesrelated to the provision of food services that are upheld at the appeallevel as outlined in RFP Subsection 3.14. This shall be calculated, ona monthly basis, by dividing the number of inmate grievance appealsupheld each month by the number of inmates incarcerated at the endof the month. ACCEPTABLE LEVEL OF SERVICE: 1.5% or less.

b. Master Menu Compliance

This shall be determined on a monthly basis. It shall be calculated byreviewing the "menu as served" for quantity of substitutions as well asappropriateness of those substitutions. Calculations are made bydividing the total number of meals in the month by the number ofmeals that have had a substitution made for that monthly period. Allsubstitutions must be documented on the menu “as served" and mustbe made from the approved list of substitutions contained in the MasterMenu Manual.ACCEPTABLE LEVEL OF SERVICE: 80 % or more (Meals

substitution free)

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III. COMPENSATION

A. Payment

This is a fixed price/per diem rate Contract. The Department will pay the Contractoron a monthly basis the per diem rate multiplied by the daily midnight count for eachinstitution for each day of service in the month for which the invoice is submitted. Payment for each facility shall begin on the first date of the phase in schedule asindicated in Contract Section C., Implementation Plan and Transition Schedule or theactual date of implementation in the event of delay. The Department will compensatethe Contractor for services as specified in Section II, Scope of Work, for eachInstitution as delineated below:

Contract Year Affected Inmate Population Per Diem RateYear 1 Per Inmate Per Day up to an Inmate

Population maximum of 68,582*$2.316

Year 1 Per Inmate Per Day for InmatePopulation over 68,582*

$2.367

Year 2 Per Inmate Per Day for the EntireInmate Population

$2.415


$2.464


$2.514


$2.565

Optional RenewalYear #1

Per Inmate Per Day for the EntireInmate Population

$2.617

Optional RenewalYear #2

Per Inmate Per Day for the EntireInmate Population

$2.670

*Pursuant to Settlement Agreement, Case Number DC01-31, for any population ofinmates exceeding 68,582 in the first year of the Contract, the rate of pay will be$2.367 per diem.

B. Monthly Adjustments

Any overage amount attributable to the number of inmates in excess of a monthly averagedaily population of 68,582, during the first year of the Contract, shall be apportioned tothe Contractor’s statewide share of inmates which is 91.4% under this Contract. At theend of each month, the Department shall calculate the system-wide monthly average dailypopulation and apply the overage factor of $.051 to the difference to calculate the totaloverage amount and provide such calculation to the Contractor. On a monthly basis, theContractor shall submit a supplemental invoice apportioning the overage amount basedon said 91.4% of the total inmate population. The Contractor’s statewide share ofinmates, and the other contractor’s statewide share of inmates, will be adjusted at the end

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of each month during the first year of this Contract, based on the average daily populationin the facilities being served by each respective Contractor.

C. Submission of Invoice(s)

The Contractor shall submit invoices as delineated below:

The Contractor shall submit a single monthly master invoice by the 15th day of the monthfollowing each month of service delineating meals served based on the Department’sdaily midnight count for each institution at the current per diem rate. The invoice shalldelineate additional meal charges requiring separate accounting from the meals indicatedon the Contractor’s invoice for regular meal service, as well as any credits for USDAcommodities or Department farm program products. Invoices must be submitted in detailsufficient for a proper preaudit and postaudit thereof.

The Contractor shall submit the monthly adjustment invoice in accordance withSection III., B. and C. above.

The Contractor shall submit invoices pertaining to this Contract to:

Howell Winfree, Chief, Bureau of Food ServicesDepartment of Corrections2601 Blair Stone Road Tallahassee, Florida 32399-2500(850) 410-4093

D. Electronic Transfer of Funds

The Department shall expedite payment of all Contractor invoices and make paymentto the Contractor electronically, in accordance with Chapter 215, Florida Statutes. Inorder to receive Electronic Funds Transfers for payments of work performed underthis Contract, the Contractor must contact the Florida Department of Banking andFinance, Bureau of Accounting, EFT Section. The current contacts for the EFTSection at the Department of Banking and Finance are Jack Peterson at (850) 410-9434 or Steve Smith at (850) 410-9372.

E. Official Payee

The name and address of the official payee to whom payment shall be made is as follows:

Aramark Correctional Services, Inc.Post Office Box 406019Atlanta, Georgia 30384-6019800-777-7090

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F. Travel Expenses

The Department shall not be responsible for the payment of any travel expense for theContractor that occurs as a result of this Contract.

G. Contractor’s Expenses

The Contractor shall pay for all licenses, permits, and inspection fees or similar chargesrequired for this Contract, and shall comply with all laws, ordinances, regulations, andany other requirements applicable to the work to be performed under this Contract.

H. Annual Appropriation

The State of Florida’s and the Department’s performances and obligations to pay forservices under this Contract are contingent upon an annual appropriation by theLegislature. The costs of services paid under any other Contract or from any othersource are not eligible for reimbursement under this Contract.

I. Tax Exemption

The Department agrees to pay for contracted services according to the conditions ofthis Contract. The State of Florida does not pay federal excise taxes and sales tax ondirect purchases of services.

J. Timeframes for Payment and Interest Penalties

Contractors providing goods and services to the Department should be aware of thefollowing time frames:

1. Upon receipt, the Department has five (5) working days to inspect and approve thegoods and services and associated invoice, unless the ITB or RFP specifications, orthis Contract specifies otherwise. The Department has twenty (20) days to deliver arequest for payment (voucher) to the Department of Banking and Finance. Thetwenty (20) days are measured from the latter of the date the invoice is received orthe goods or services are received, inspected, and approved.

2. If a payment is not available within forty (40) days, a separate interest penalty, asspecified in Section 215.422, Florida Statutes, will be due and payable, inaddition to the invoice amount, to the Contractor. The interest penalty provisionapplies after a thirty-five (35) day time period to health care contractors, asdefined by rule. Interest penalties of less than one (1) dollar will not be enforcedunless the Contractor requests payment. Invoices, which have to be returned to aContractor because of Contractor preparation errors, may cause a delay of thepayment. The invoice payment requirements do not start until the Departmentreceives a properly completed invoice.

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K. Final Invoice

The Contractor shall submit the final invoice for payment to the Department no more thanforty-five (45) days after acceptance of the final deliverable by the Department or the enddate of this Contract, whichever occurs last. If the Contractor fails to do so, all right topayment is forfeited, and the Department will not honor any request submitted afteraforesaid time period. Any payment due under the terms of the Contract may be withhelduntil all applicable deliverables and invoices have been accepted and approved by theDepartment.

L. Vendor Ombudsman

A Vendor Ombudsman has been established within the Department of Banking andFinance. The duties of this individual include acting as an advocate for vendors who maybe experiencing problems in obtaining timely payment(s) from a state agency. The VendorOmbudsman may be contacted by calling the State Comptroller’s Toll Free Hotline.

IV. CONTRACT MANAGEMENT

A. Department’s Contract Manager

The Contract Manager for this Contract will be:

Howell Winfree,Chief, Bureau of Food ServicesDepartment of Corrections2601 Blair Stone RoadTallahassee, FL 32399-2500(850) 410-4093 FAX: (850) [email protected]

The Contract Manager will perform the following functions:

1. serve as the liaison between the Department and the Contractor;

2. verify receipt of deliverables from the Contractor;

3. monitor the Contractor’s progress;

4. evaluate the Contractor's performance;

5. direct the Contract Administrator to process all amendments, renewals andterminations of this Contract;

6. review, verify, and approve invoices from the Contractor; and

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7. evaluate Contractor performance upon completion of the overall Contract.This evaluation will be placed on file and will be considered if the Contract issubsequently used as a reference in future procurements.

B. Department’s Contract Administrator

The Contract Administrator for this Contract will be:

Lisa M. Bassett, ChiefBureau of PurchasingDepartment of Corrections2601 Blair Stone RoadTallahassee, Florida 32399-2500850/488-6671 (telephone)850/922-5330 (facsimile number)[email protected]

The Contract Administrator will perform the following functions:1. maintain the Contract file;

2. process all Contract amendments, renewals, and termination of the Contract; and

3. maintain the official records of all correspondence between the Departmentand the Contractor.

C. Contractor’s Representative

The name, title, address, and telephone number of the Contractor’s representativeresponsible for administration and performance under this Contract is:

Daniel Jameson, Vice PresidentAramark Correctional Services, Inc.2000 Spring Brook Road, Suite 300Oak Brook Illinois [email protected]

D. Contract Management Changes

After execution of this Contract, any changes in the information contained in Section IV.,Contract Management, will be provided to the other party in writing and a copy of thewritten notification shall be maintained in the official Contract record.

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V. CONTRACT MODIFICATION

Modifications to the provisions of this Contract, with the exception of Section IV., ContractManagement, shall be valid only through execution of a formal Contract amendment.

VI. TERMINATION

A. Termination at Will

This Contract may be terminated by either party upon no less than thirty (30) calendardays’ notice, without cause, unless a lesser time is mutually agreed upon by both parties. Notice shall be delivered by certified mail (return receipt requested), by other method ofdelivery whereby an original signature is obtained, or in-person with proof of delivery.

B. Termination Because of Lack of Funds

In the event funds to finance this Contract become unavailable, the Department mayterminate the Contract upon no less than twenty-four (24) hours’ notice in writing to theContractor. Notice shall be delivered by certified mail (return receipt requested),facsimile, by other method of delivery whereby an original signature is obtained, or in-person with proof of delivery. The Department shall be the final authority as to theavailability of funds.

C. Termination for Cause

If a breach of this Contract occurs by the Contractor, the Department may, by writtennotice to the Contractor, terminate this Contract upon twenty-four (24) hours’ notice. Notice shall be delivered by certified mail (return receipt requested), by other method ofdelivery whereby an original signature is obtained, or in-person with proof of delivery. Ifapplicable, the Department may employ the default provisions in Chapter 60A-1, FloridaAdministrative Code. The provisions herein do not limit the Department’s right toremedies at law or to damages.

D. Termination for Unauthorized Employment

Violation of the provisions of Section 274A of the Immigration and Nationality Act,shall be grounds for unilateral cancellation of this Contract.

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VII. CONDITIONS

A. Records

1. Public Records Law

The Contractor agrees to allow the Department and the public access to anydocuments, papers, letters, or other materials subject to the provisions of Chapter119, Florida Statutes, made or received by the Contractor in conjunction with thisContract. The Contractor’s refusal to comply with this provision shall constitutesufficient cause for termination of this Contract.

2. Audit Records

a. The Contractor agrees to maintain books, records, and documents(including electronic storage media) in accordance with generallyaccepted accounting procedures and practices which sufficiently andproperly reflect all revenues and expenditures of funds provided bythe Department under this Contract, and agrees to provide a financialand compliance audit to the Department or to the Office of theAuditor General and to ensure that all related party transactions aredisclosed to the auditor.

b. The Contractor agrees to include all record-keeping requirements in allsubcontracts and assignments related to this Contract.

3. Retention of Records

The Contractor agrees to retain all client records, financial records, supportingdocuments, statistical records, and any other documents (including electronicstorage media) pertaining to this Contract for a period of five (5) years. TheContractor shall maintain complete and accurate record-keeping anddocumentation as required by the Department and the terms of this Contract. Copies of all records and documents shall be made available for the Departmentupon request. All invoices and documentation must be clear and legible for auditpurposes. All documents must be retained by the Contractor at the address listedin Section IV., C., Contractor’s Representative or the address listed in Section III.,C., Official Payee, for the duration of this Contract. Any records not available atthe time of an audit will be deemed unavailable for audit purposes. Violationswill be noted and forwarded to the Department’s Inspector General for review. All documents must be retained by the Contractor at the Contractor’s primaryplace of business for a period of five (5) years following termination of theContract, or, if an audit has been initiated and audit findings have not beenresolved at the end of five (5) years, the records shall be retained until resolutionof the audit findings. The Contractor shall cooperate with the Department tofacilitate the duplication and transfer of any said records or documents during the

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required retention period. The Contractor shall advise the Department of thelocation of all records pertaining to this Contract and shall notify the Departmentby certified mail within ten (10) days if/when the records are moved to a newlocation.

4. Federal Single Audit Act

The Contractor shall comply with all requirements of the Federal Single AuditAct and Office of Management and Budget Circular A-133, as revised.

B. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (“PRIDE”)

The Contractor agrees that any articles which are the subject of, or are required to carryout this Contract, shall be purchased from PRIDE, identified under Chapter 946, FloridaStatutes, in the same manner and under the procedures set forth in Subsections946.515(2) and (4), Florida Statutes. The Contractor shall be deemed to be substitutedfor the Department in dealing with PRIDE, for the purposes of this Contract. This clauseis not applicable to subcontractors, unless otherwise required by law. Available products,pricing, and delivery schedules may be obtained by contacting PRIDE.

C. Procurement of Materials with Recycled Content

It is expressly understood and agreed that any products or materials which are thesubject of, or are required to carry out, this Contract shall be procured in accordancewith the provisions of Section 403.7065 and Section 287.045, Florida Statutes.

D. Sponsorship

If the Contractor is a nongovernmental organization which sponsors a program financedpartially by state funds, including any funds obtained through this Contract, it shall, inpublicizing, advertising, or describing the sponsorship of the program, state: “Sponsoredby Aramark Correctional Services, Inc. and the State of Florida, Department ofCorrections.” If the sponsorship reference is in written material, the words “State ofFlorida, Department of Corrections” shall appear in the same size letters or type as thename of the organization.

E. Employment of Department Personnel

The Contractor shall not knowingly engage in this project, on a full-time, part- time, or otherbasis during the period of this Contract, any current or former employee of the Departmentwhere such employment conflicts with Section 112.3185, Florida Statutes.

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F. Non-Discrimination

No person, on the grounds of race, creed, color, national origin, age, gender, marital statusor disability, shall be excluded from participation in, be denied the proceeds or benefits of,or be otherwise subjected to, discrimination in the performance of this Contract.

G. Americans with Disabilities Act

The Contractor shall comply with the Americans with Disabilities Act. In the event ofthe Contractor’s noncompliance with the nondiscrimination clauses, the Americans withDisabilities Act, or with any other such rules, regulations, or orders, this Contract may becanceled, terminated, or suspended in whole or in part and the Contractor may bedeclared ineligible for further contracts.

H. Indemnification

NOTE: This section is not applicable to contracts executed between state agencies orsubdivisions, as defined in Section 768.28, Florida Statutes.

The Contractor shall be liable, and agrees to be liable for, and shall indemnify, defend, andhold the Department, its employees, agents, officers, heirs, and assignees harmless from anyand all claims, suits, judgments, or damages including court costs and attorney’s fees arisingout of intentional acts, negligence, or omissions by the Contractor, or its employees oragents, in the course of the operations of this Contract, including any claims or actionsbrought under Title 42 USC §1983, the Civil Rights Act.

I. Contractor’s Insurance

The Contractor agrees to provide adequate insurance coverage on a comprehensive basisand to hold such insurance at all times during the existence of this Contract. TheContractor accepts full responsibility for identifying and determining the type(s) andextent of insurance necessary to provide reasonable financial protection for the Contractorand the Department under this Contract. Upon the execution of this Contract, theContractor shall furnish the Department written verification of such insurance coverage. Such coverage may be provided by a self-insurance program established and operatingunder the laws of the State of Florida. The Department reserves the right to requireadditional insurance where appropriate.

If the Contractor is a state agency or subdivision as defined in Section 768.28, FloridaStatutes, the Contractor shall furnish the Department, upon request, written verification ofliability protection in accordance with Section 768.28, Florida Statutes. Nothing hereinshall be construed to extend any party’s liability beyond that provided in Section 768.28,Florida Statutes.

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J. Independent Contractor Status

The Contractor shall be considered an independent contractor in the performance of itsduties and responsibilities under this Contract. The Department shall neither have norexercise any control or direction over the methods by which the Contractor shall performits work and functions other than as provided herein. Nothing in this Contract is intendedto, nor shall be deemed to constitute, a partnership or a joint venture between the parties.

K. Disputes

Any dispute concerning performance of this Contract shall be resolved informally by theContract Manager. Any dispute that can not be resolved informally shall be reduced towriting and delivered to the Department’s Deputy Director of Administration (SupportServices). The Deputy Director of Administration (Support Services) shall decide thedispute, reduce the decision to writing, and deliver a copy to the Contractor, the ContractManager and the Contract Administrator.

L. Copyrights, Right to Data, Patents and Royalties

Where activities supported by this Contract produce original writing, sound recordings,pictorial reproductions, drawings or other graphic representation and works of any similarnature, the Department has the right to use, duplicate and disclose such materials in wholeor in part, in any manner, for any purpose whatsoever and to have others acting on behalfof the Department to do so. If the materials so developed are subject to copyright,trademark, or patent, legal title and every right, interest, claim or demand of any kind inand to any patent, trademark or copyright, or application for the same, will vest in theState of Florida, Department of State for the exclusive use and benefit of the state. Pursuant to Section 286.021, Florida Statutes, no person, firm or corporation, includingparties to this Contract, shall be entitled to use the copyright, patent, or trademark withoutthe prior written consent of the Department of State.

The Department shall have unlimited rights to use, disclose or duplicate, for any purposewhatsoever, all information and data developed, derived, documented, or furnished by theContractor under this Contract. All computer programs and other documentation producedas part of the Contract shall become the exclusive property of the State of Florida,Department of State, with the exception of data processing software developed by theDepartment pursuant to Section 119.083, Florida Statutes, and may not be copied orremoved by any employee of the Contractor without express written permission of theDepartment.

The Contractor, without exception, shall indemnify and save harmless the Departmentand its employees from liability of any nature or kind, including cost and expenses for oron account of any copyrighted, patented, or unpatented invention, process, or articlemanufactured or supplied by the Contractor. The Contractor has no liability when suchclaim is solely and exclusively due to the combination, operation, or use of any articlesupplied hereunder with equipment or data not supplied by the Contractor or is based

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solely and exclusively upon the Department's alteration of the article. The Departmentwill provide prompt written notification of a claim of copyright or patent infringementand will afford the Contractor full opportunity to defend the action and control thedefense of such claim.

Further, if such a claim is made or is pending, the Contractor may, at its option andexpense, procure for the Department the right to continue use of, replace, or modify thearticle to render it noninfringing. (If none of the alternatives are reasonably available, theDepartment agrees to return the article to the Contractor upon its request and receivereimbursement, fees and costs, if any, as may be determined by a court of competentjurisdiction.) If the Contractor uses any design, device, or materials covered by letter,patent or copyright, it is mutually agreed and understood without exception that theContract prices shall include all royalties or costs arising from the use of such design,device, or materials in any way involved in the work to be performed hereunder.

M. Subcontracts

The Contractor is fully responsible for all work performed under this Contract. TheContractor may, upon receiving written consent from the Department’s ContractManager, enter into written subcontract(s) for performance of certain of its functionsunder the Contract. No subcontract, which the Contractor enters into with respect toperformance of any of its functions under the Contract, shall in any way relieve theContractor of any responsibility for the performance of its duties. All payments tosubcontractors shall be made by the Contractor.

If a subcontractor is utilized by the Contractor, the Contractor shall pay the subcontractorwithin seven (7) working days after receipt of full or partial payments from the Department,in accordance with Section 287.0585, Florida Statutes. It is understood and agreed that theDepartment shall not be liable to any subcontractor for any expenses or liabilities incurredunder the subcontract and that the Contractor shall be solely liable to the subcontractor forall expenses and liabilities under this Contract. Failure by the Contractor to pay thesubcontractor within seven (7) working days will result in a penalty to be paid by theContractor to the subcontractor in the amount of one-half (½) of one percent (1%) of theamount due per day from the expiration of the period allowed herein for payment. Suchpenalty shall be in addition to actual payments owed and shall not exceed fifteen percent(15%) of the outstanding balance due.

N. Assignment

The Contractor shall not assign its responsibilities or interests under this Contract toanother party without prior written approval of the Department’s Contract Manager. TheDepartment shall, at all times, be entitled to assign or transfer its rights, duties andobligations under this Contract to another governmental agency of the State of Floridaupon giving written notice to the Contractor.

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O. Force Majeure

Neither party shall be liable for loss or damage suffered as a result of any delay or failurein performance under this Contract or interruption of performance resulting directly orindirectly from acts of God, accidents, fire, explosions, earthquakes, floods, water, wind,lightning, civil or military authority, acts of public enemy, war, riots, civil disturbances,insurrections, strikes, or labor disputes.

P. Substitution of Key Personnel

In the event the Contractor desires to substitute any key personnel submitted withhis/her bid or proposal, either permanently or temporarily, the Department shall havethe right to approve or disapprove the desired personnel change in advance in writing.

Q. Severability

The invalidity or unenforceability of any particular provision of this Contract shall notaffect the other provisions hereof and this Contract shall be construed in all respects as ifsuch invalid or unenforceable provision was omitted, so long as the material purposes ofthis Contract can still be determined and effectuated.

R. Use of Funds for Lobbying Prohibited

The Contractor agrees to comply with the provisions of Section 216.347, Florida Statutes,which prohibits the expenditure of state funds for the purposes of lobbying theLegislature, the Judicial branch, or a state agency.

S. Verbal Instructions

No negotiations, decisions, or actions shall be initiated or executed by the Contractor as aresult of any discussions with any Department employee. Only those communications thatare in writing from the Department’s staff identified in Section IV., Contract Management,of this Contract shall be considered a duly authorized expression on behalf of theDepartment. Only communications from the Contractor’s representative identified inSection IV., C., which are in writing and signed, will be recognized by the Department asduly authorized expressions on behalf of the Contractor.

T. Conflict of Interest

The Contractor shall not compensate in any manner, directly or indirectly, any officer,agent or employee of the Department for any act or service that he/she may do, orperform for, or on behalf of, any officer, agent, or employee of the Contractor. Noofficer, agent, or employee of the Department shall have any interest, directly orindirectly, in any contract or purchase made, or authorized to be made, by anyone for, oron behalf of, the Department.

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The Contractor shall have no interest and shall not acquire any interest that shall conflict inany manner or degree with the performance of the services required under this Contract.

U. State Licensing Requirements

All entities defined under Chapters 607, 617 or 620, Florida Statutes, seeking to dobusiness with the Department shall be on file and in good standing with the FloridaDepartment of State.

V. Public Entity Crimes Information Statement

A person or affiliate who has been placed on the Convicted Contractor List following aconviction for a public entity crime may not submit a bid or proposal to provide any goodsor services to a public entity, may not submit a bid or proposal to a public entity for theconstruction or repair of a public building or public work, may not submit bids or proposalsfor leases of real property to a public entity, may not be awarded or perform work as aContractor, supplier, subcontractor, or consultant under a Contract with any public entity,and may not transact business with any public entity in excess of the threshold amountprovided in Section 287.017, Florida Statutes, for Category Two for a period of thirty-six(36) months from the date of being placed on the Convicted Contractor List.

W. Unauthorized Employment of Alien Workers

The Department does not intend to award publicly funded contracts to those entitiesor affiliates who knowingly employ unauthorized alien workers, constituting aviolation of the employment provisions as determined pursuant to Section 274A ofthe Immigration and Nationality Act.

X. Discriminatory Vendors List

An entity or affiliate who has been placed on the Discriminatory Vendor List may notsubmit a bid or proposal to provide goods or services to a public entity, may not submit abid or proposal with a public entity for the construction or repair of a public building orpublic work, may not submit bids or proposals on leases of real property to a publicentity, may not perform work as a contractor, supplier, subcontractor or consultant undercontract with any public entity and may not transact business with any public entity.

Y. Governing Law and Venue

This Contract is executed and entered into in the State of Florida, and shall be construed,performed and enforced in all respects in accordance with the laws, rules and regulationsof the State of Florida. Any action hereon or in connection herewith shall be brought inLeon County, Florida.

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Z. Performance Guarantee

The Contractor shall furnish the Department with a Performance Guarantee equal to$1,000,000.00. The form of the guarantee shall be a bond, cashier’s check, treasurer’scheck, bank draft, or certified check made payable to the Department. The guaranteeshall be furnished to the Contract Manager within thirty (30) days after execution of thisContract. No payments shall be made to the Contractor until the guarantee is in place andapproved by the Department in writing.

AA. Liquidated Damages

By executing this Contract, the Contractor expressly agrees to the imposition ofliquidated damages, in addition to all other remedies available to the Department bylaw, in the following named amounts and according to the following named procedure:

1. Vacancy of Food Service Management or Line Staff

Where timesheets demonstrate a Contractor staff position, as identified on theminimum staffing plan and schedule of coverage, is unfilled beyond a fourteenday period, liquidated damages in the amount of $250.00 per day per staffposition for each calendar day past the fourteen day period that the position wasnot filled, shall be assessed.

2. Quarterly Invoice Audit Shortages

Where food shortages are indicated, as determined by the quarterly audits ofmonthly invoices, liquidated damages in the amount of $1000.00 per audited itemfound to be shorted per month shall be assessed.

3. National Child Nutrition Program

Where a federal, state or Department audit/inspection or the monthly NCNPSummary Count Form indicates noncompliance with applicable NCNP rules andregulations, liquidated damages in the amount of $3.00 per non-compliant NCNPmeal served during the period of the audit/inspection or per month, as applicable,shall be assessed.

4. American Correctional Association (ACA) Accreditation

In order to maintain accreditation with the American Correctional Association,each operational area within each institution must be in compliance with ACAstandards. Even where only a single operational area within an institution isfound non-compliant with ACA standards, the entire institution will lose itsaccreditation. Therefore, in the event an institution fails to maintain ACAaccreditation due to the non-compliance of food service operations, liquidated

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damages in the amount of $50,000 will be assessed against the Contractor. Fullcompliance with ACA Standards and re-obtainment of accreditation must bereestablished as soon as possible. Liquidated damages shall be assessed perinstitution and per incident of loss of accreditation.

5. Failure to Meet Service Requirements of the Contract

Liquidated damages shall be assessed where the Contractor repeatedly fails tomeet service requirements or fails to correct contract deficiencies. The followingshall apply in assessing liquidated damages under this section:

a. Within the first ten (10) days after written notice from the Contract Managerof contractor deficiencies – No assessment of damages if deficiencies arecorrected within the ten (10) day time period.

b. After ten (10) days of initial notice of unsatisfactory service (withoutcorrective action initiated by the Contractor and if unsatisfactory servicecontinues) liquidated damages in the amount of $1000.00 per day, perinstitution or facility where the unsatisfactory service occurred, shall beassessed.

c. Where the same instance of unsatisfactory service occurs on three or moreoccasions at the same institution within a ninety (90) day period,(where the deficiencies have been corrected as indicated in (a) above),liquidated damages in the amount of $5,000.00 shall be assessed.

The Contractor shall forward a cashier’s check or money order, payable to theDepartment in the appropriate amount, to the Contract Manager within ten (10)days of receipt of a written notice of demand for damages due.

BB. Convicted Felons Certification

No personnel assigned to this Contract may be a convicted felon or have relatives eitherconfined by or under supervision of the Department.

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Waiver of breach of any provision of this Contract shall not be deemed to be a waiver of any otherbreach and shall not be construed to be a modification of the terms of this Contract.

This Contract, Settlement Agreement entered into in Case Number DC01-31, RFP # 01-DC-7332 andthe Contractors response to the RFP, contain all the terms and conditions agreed upon by the parties. Inthe event of any conflict in language among these documents, this Contract will govern, followed by the SettlementAgreement entered into in Case Number DC01-31, the Department’s RFP # 01-DC-7332 and then the Contractor’sproposal.

IN WITNESS THEREOF, the parties hereto have caused this Contract to be executed by theirundersigned officials as duly authorized.

CONTRACTOR: STATE OF FLORIDAARAMARK CORRECTIONAL DEPARTMENT OF CORRECTIONSSERVICES, INC.

SIGNED SIGNEDBY: BY: _________________________

NAME: NAME: Michael W. Moore

TITLE: TITLE: SecretaryDepartment of Corrections

DATE: DATE:

CONTRACTOR’S FEID # APPROVED AS TO FORM ANDLEGALITY SUBJECT TOEXECUTION BY THE PARTIES:

Louis A. VargasGeneral Counsel Department of Corrections

ATTACHMENT I

STAFFING PLAN

Contract C1927

FL DOC Component Staffing

Reg Component FSD AFSDTotal Mgmt CI 1 CI 2 WC 1 WC 2 WC 3

Total Hrly Supvr Total FL DOC

Reg 1 Santa Rosa Correctional Institute 1 1 5 5 6Reg 1 Wakulla CI, Tallahassee WRC & Road Prison 1 1 6 1 1 8 9Reg 1 Washington CI & Panama City WRC FLDOC 1 1 6 3 9 10Reg 1 Walton CI & Work Camp 1 1 6 3 9 10Reg 1 Calhoun C.I. Calhoun WC 1 1 6 3 9 10Reg 1 Gulf CI, Annex & WC, Franklin WC 1 1 2 6 6 1 1 14 16Reg 1 Liberty CI Liberty WC Quincy Annex 1 1 6 3 3 12 13Reg 1 Madison CI Madision WC 1 1 6 3 9 10Reg 1 Apalechee C I East C I West River Junction 1 1 6 6 3 15 16Reg 1 Jefferson C.I. 1 1 5 5 6Reg 1 Marianna WRC Graceville WC Jackson CI Jackson WC 1 1 6 3 3 1 13 14Reg 1 Holmes CI-Work Camp & Caryville Work Camp 1 1 6 3 3 12 13Reg 1 Okaloosa CI & Work Camp 1 1 6 3 9 10Reg 1 Century CI, & WC 1 1 6 3 1 1 11 12Reg 2 Baker CI & Work Camp 1 1 8 3 11 12Reg 2 Columbia CI, Work Camp & Lake City WRC 1 1 6 3 1 10 11Reg 2 Cross City CI & WC FLDOC 1 1 6 3 9 10Reg 2 FL State Pen & Work Camp 1 1 4 4 8 9Reg 2 Gainseville CI & Work Camp & Santa Fe 1 1 3 4 7 8Reg 2 Hamilton CI & Annex & Work Camp 1 1 2 6 6 3 15 17Reg 2 Lancaster CI & Work Camp 1 1 6 3 9 10Reg 2 Lawtey CI & Dinsmore Work Center 1 1 6 1 7 8Reg 2 Mayo CI & Work Camp 1 1 6 3 9 10Reg 2 New River East, New River West 1 1 12 12 13Reg 2 North FL Recep Center & NFRC West 1 1 2 12 12 14Reg 2 Union CI 1 1 10 10 11Reg 2 Putnam CI FLDOC 1 1 5 5 6Reg 2 Taylor CI FLDOC 1 1 5 5 6Reg 3 Marion CI & WC 1 1 6 3 9 10Reg 3 Avon Park CI & WC, Bartow WRC 1 1 6 4 1 11 12Reg 3 Kissimmee WRC 0 1 1 1Reg 3 Brevard CI & WC, Cocoa WRC 1 1 6 3 1 10 11Reg 3 Tomoka CI & WC, Daytona WRC & County Jail 1 1 6 3 1 10 11Reg 3 Lowell CI, Levy Forestry & County Jail 1 1 6 1 7 8Reg 3 Sumter CI, Boot Camp & WRC 1 1 6 3 9 10Reg 3 Hillsborough 1 1 2 2 3Reg 3 Central FL Recpt Ctr-Main, East & South, Pine Hills & Orla 1 1 2 6 3 3 1 13 15Reg 3 Lake CI & Zephryhills CI 1 1 2 6 3 9 11Reg 3 Largo RP, Pinellas WRC, St. Petersburg WRC & Tarpon S 0 1 1 1 3 3Reg 3 Hernando 1 1 3 3 4Reg 4 S. FL. Reception, OpalackWRC & Miami N. WRC 1 1 6 1 1 8 9Reg 4 Okeechobee CI 1 1 6 6 7Reg 4 Martin CI & WC and Fort Pierce WRC 1 1 6 3 1 10 11Reg 4 Loxahatchee, W. Palm Beach WRC & Atlantic WRC 0 1 1 1Reg 4 Indian River CI 1 1 2 2 3Reg 4 Hendry CI & WC and Copeland RP 1 1 6 3 1 10 11Reg 4 Hardee CI & WC 1 1 6 3 9 10Reg 4 Glades CI & WC 1 1 6 1 7 8Reg 4 Desoto CI & WC and Arcadia RP 1 1 6 3 1 10 11Reg 4 Big Pine Key RP 0 1 1 1Reg 4 Broward CI & Pampano WR 1 1 6 1 1 8 9

0Total Florida DOC 47 5 52 281 30 94 20 3 428 480

Reg 1 Pan Handle 14 1 15 82 15 32 9 2 140 155Reg 2 Northeast FL 14 2 16 95 6 27 1 0 129 145Reg 3 Central FL 10 2 12 53 6 21 6 1 87 99Reg 4 South FL 9 0 9 51 3 14 4 0 72 81

47 5 52 281 30 94 20 3 428 480

** Hourly Supervisors **

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