2008 - 08-18-08 Regular Meeting - Laserfiche WebLink

Home Browse Search

0 0 BOOK 22 P4.,F 314 Amendment No. 2 to Operating Agreement AMENDMENT No. 2, is entered into this !-L day of ~AAC h 2008 by and between County of Lee, North Carolina (`COUNTY"), The Enrichment Cdhter of Lee County and ARAMARK Correctional Services, LLC, a Delaware limited liability company, with offices located at the ARAMARK Tower, 1101 Market Street, Philadelphia PA 19107 ("ARAMARK"). WHEREAS, the parties entered into an Operating Agreement for the food services operation for participants at the Enrichment Center at Lee County Jail on May 31, 2006 (as amended. the "Agreement"); and WHEREAS, the parties desire to amend the Agreement as hereinafter set forth, effective July I, 2008. NOW, THEREFORE, in consideration of the foregoing and of the mutual promises in the Agreement, the parties agree as follows: 1. Pursuant to Paragraph 5, Term of Agreement, the teen of the Agreement shall be renewed for a one ( I ) year period, effective from July I, 2008 through June 30, 2008. 2. Pursuant to Paragraphs 5A and 513, Price Redetermination-Prospective, the price per meal charged to the COUNTY by ARAMARK shall be changed as a result of changes in the Consumer Price Index and are set forth in Attachment A. These prices shall be effective as July 1, 2008 and shall remain firm through June 30, 2009. 3. Paragraphs 5A and 5B shall be deleted and replaced in their entirety as follow "A. Price Adjustments: The per meal prices stated in this Agreement are firm for the period beginning on the Effective Date and ending on June 30, 2009. Per meal prices for each subsequent 12-month period shall be increased prior to the beginning of each such period by an amount to be mutually agreed upon; provided, however, that in the event no agreement is reached with respect to such increase, per meal prices shall be increased by the greater of the yearly percentage change in the CPI-U (defined herein) and the yearly percentage change in the Market Basket of Products (defined herein) constituting the menu in accordance with the immediately following paragraph. B. The base period for comparison for a CPI or Market Basket of Products increase in ARAMARK's per meal price(s) shall be the annual average from April of the then current year to April of the immediately preceding year, and shall be based upon the greater of the Consumer Price Index, All Urban Consumers (CPI-U), U.S. City Average, Food Away From Home Index, published by U.S. Department of Labor and the Market Basket of Products ( individually referred to as the "Index"). Such adjustments shall be calculated using a percentage in which the numerator is the Index for the third month preceding the beginning of the new 12-month period and the denominator which is the Index for the third month preceding the beginning of the prior 12-month period. The percentage shall be applied to the then-current per meal price to determine the price for the subsequent 12-month period, and such unit price shall be effective the first (I st) day of such 12-month period. The "Market Basket of Products" means the regional or local cost, in the aggregate, of the core products utilized to produce the agreed upon menu (such as dairy, protein, beverages, etc.) based on the Bureau of Labor Statistics data." Docw233417 vl/Nlatterk44315