Download - WFISD's Contract with Aramark
-
7/23/2019 WFISD's Contract with Aramark
1/26
r r
6/9/2015
To: Janet Powell
Wichita Falls ISO
11 1
Market Street
Philadelphia, PA 19107
T L
215.238.3551
Re: Wichita Falls Independent School District TX) 2015 Facilities Management
Services Agreement for Full Service Custodial-Janitorial Services
Enclosed for your records is a fully executed document with regard to the above
referenced.
If you should have any questions, please contact Blase laconelli at 215-238-3244.
Thanks,
Theresa Witherup
Assistant to Blase laconelli
-
7/23/2019 WFISD's Contract with Aramark
2/26
MANAGEMENT SERVICES AGREEMENT
FOR FULL SERVICE CUSTODIAL-JANITORIAL SERVICES
This
MANAGEMENT
SERVICES
AGREEMENT
(the Agreement ) is entered into this
2 f
day
of
May 2015, by and between
WICHITA
FALLS
INDEPENDENT
SCHOOL
DISTRICT
( District ),
and ARAMARK MANAGEMENT SERVICES
LIMITED
PARTNERSHIP, a Delaware limited
partnership ( Aramark ). District and Aramark will be referred
to
jointly as
the
Parties and
individually as a Party.
WITNESSETH THAT:
1. $cooe of Management Services
District hereby grants to Aramark the exclusive right to provide District with certain
Management Services for District's facilities (the Facilities ) during the Term (defined below in Section
2). Management Services are generally defined as management and provision
of
full service custodial
and janitorial services for the District, and are more specifically defined by the scope of work described
in the following Exhibits which are incorporated by reference herein. The Facilities for which
Management Services will be provided are defined individually for each type
of
service, and are listed in
Attachment 1
t
each respective Exhibit. Aramark will provide the Management Services solely in
accordance with the Exhibits attached hereto and in accordance with the terms and conditions
of
this
Agreement.
Service
Exhibit
Custodial
B
Aramark shall render the Management Services with the same degree
of
care nonnally exercised
by other custodial service providers under similar circumstances and perform all work required herein in
a good and workmanlike manner and in accordance with the requirements
of
this Agreement. Aramark
wiU
perform its services hereunder as an independent contractor, and nothing in this Agreement shall be
deemed to make Aramark, or its employees or contractors, a common law employee, agent, partner or
fiduciary of, or joint venturer with, District. Aramark shall at no time be acting as an architect, engineer,
indoor air quality expert or advisor
or
other design professional, and shall not be required
to
carry out
duties requiring the services
of
a design professional.
District shall be solely responsible for all services required for the ownership and operation
of
the Facilities beyond the scope of the Management Services to be provided by
Aramark.
District shall be
responsible for compliance with all applicable federal, state, and local safety and health laws and
regulations with respect to the Facilities. ramark shall be responsible for compliance with all
applicable federal, state, and local safety and health laws and regulations with respect to the Management
Services. Aramark shall also be responsible for any and all actions or lack of action by Aramark
employees.
2.
Tenn;
Renewals
The initial term
of
this Agreement will begin on June
1
2015 (the Commencement Date ), and
will continue for a period ofone (1) year, ending on May 31, 2016 (the Initial Term ).
Thereafter, this Agreement may be renewed upon the mutual agreement of the Parties for
up
to
five additional one (1) year terms (individually, a Renewal
Term,
and collectively with the Initial
Term, the
Termj.
Either Party may elect not to renew this Agreement at the expiration
of
either the
296690.7
-
7/23/2019 WFISD's Contract with Aramark
3/26
Initial Term or any Renewal Tenn by giving the other Party written notice to that effect not later than
sixty (60) days before the date on which the then current Initial Term or Renewal Term would otherwise
end. Any changes to the Agreement will
be
documented
by
written agreement, executed by both Parties
prior to the commencement
of
the Renewal Term. ( Renewal Amendment'')
f
no written Renewal
Amendment is executed the terms
of
this Agreement shall control until such a written agreement
s
executed.
3. Operational atters
(a) Space and Utilities. District will provide Aramark with reasonable office space, storage
and locker space, warehouse and distribution space at District's Facilities, for Aramark's use in providing
the Management Services. Aramark will
pay
District One Thousand Dollars ($1,000) per month for the
use
of
District's office space, storage and locker space, warehouse and distribution space at District's
Facilities, to be prepaid
on
a annual basis in the amount
of
Twelve Thousand Dollars ($12,000) on June
I
2015,
and
each June 1st thereafter. Such space will include all utilities (including water, sewer,
electricity and telephone service) and access to copiers, fax machines and other standard office
equipment. Such space will be under Aramark's exclusive use, subject to District's access
rights
for
safety inspection and emergency response. The District shall have the right,
in
its sole discretion to
require Aramark to move to a different location within the District upon thirty (30) days written notice;
provided the space
s of
similar size
and
functionality. The Aramark Operations Team (defined below in
Section 4(a)) will also be granted access to District's voicemail and intranet systems, at no cost to
Aramark
to facilitate electronic communications and access to information needed to render
Management Services efficiently under this Agreement. District will provide Aramark with keys for
access into the District's facilities. Any keys
or
other access items will
be
replaced at the Aramark's
expense
iflost
including, but not limited to, the master
or
sub-master system.
(b) Cooperation.
The
Parties acknowledge that each will need the active support
of
the
othe r's professional, administrative, operations, and other personnel to most effectively provide
Management Services under this Agreement, and District agrees to use its best efforts to cooperate with
Aramark in that regard.
(c) Start-Up Period. The Parties acknowledge that the Management Services will begin with
a start-up phase to transition to Aramark's programs, beginning on the Commencement Date (the Start
Up Period ). During the Start-Up Period, the Aramark Operations Team will familiarize itself with
particular aspects
of
the Facilities, operations, applicable equipment, materials, supplies, and other such
matters as the Parties' and Service Employees' transition to the Management Services. Aramark's
activities during the Start-Up Period will include coordinating interviews with the Service Employees
and assessing their skill sets, setting up Aramark's computer and software
programs
and measuring
determining the square footage/acreage of the Facilities. District agrees to cooperate with
Aramark
in its
efforts during the Start-Up Period.
(d) Joint Review.
The
Parties' representatives will meet on a regular basis, at least once
p r
week, to review and discuss any ongoing operational matters relevant to the Management Services under
this Agreement.
(e) Budgetini. The Parties acknowledge and agree that District bas the sole authority to
review, approve and, from time to time, modify District's budget for the Management Services. ;
provided however, that any such review, approval
or
modification shall not change the financial terms set
forth in this Agreement without Aramark's prior written approval.
2
-
7/23/2019 WFISD's Contract with Aramark
4/26
The Parties further acknowledge and agree that Aramark's ability to
perfonn
its obligations
hereunder is subject to, and conditioned upon, District's approval and implementation
of
budgets for the
Management Services consistent with Aramark's recommendations.
(f)
u r c h s i n ~
Aramark shall manage all purchases
of
products, supplies, equipment and
services utilized in the Management Services, which purchases shall
be
made through Aramark's
purchasing program. n the event Aramark pays for products, supplies, equipment and services which are
District's responsibility in order to expedite the purchase of such items, all such purchases shall be
accounted for as a direct cost
of
operations and shall be reimbursed promptly by District. Unless
otherwise expressly stated herein, all such purchases made by Aramark to expedite purchasing shall be
titled in the name
of
the District (using District's tax identification information) and used solely in the
Management Services
To
the extent
that
Aramark provides products or supplies to District
on
a cost.reimbursable basis,
ramark is entitled to receive and retain all cash discounts and all other discounts, rebates and
allowances otherwise available to Aramark under its arrangements with distributors and suppliers.
In
the event an affiliated company
or
division
of
Aramark furnishes products, supplies,
equipment
or
services necessary to the efficient operation of the Management Services, charges to
District for such products, supplies, equipment or services shall be competitive with the cost
of
obtaining
such products, supplies, equipment or services from an independent source in the open market.
(g) District's Operational and Financial lnfonnation. The Management Services that
ramark has agreed to provide under this Agreement and the corresponding Aramark Fee were
developed based on operational and financial information provided by District (including but not limited
to labor and supply costs, District' s employees at the Facilities, and use of the Facilities by District, its
employees, and its students).
To
the best of the District's knowledge and belief, District represents that
such information is current, materially complete, and accurate, and acknowledges that ramark has
reasonably relied on it. The Parties anticipate that District will continue to provide similar information to
Aramark from time to time, which will also be current, complete, and accurate, so that ramark may
reasonably rely
on
it in providing Management Services. f such information changes
or
is inaccurate,
then the financial terms and other obligations assumed by ramark will be renegotiated and restated to
correct such change
or
inaccuracy on mutually agreeable terms.
(h) Ha:rdous Substances; Pre-Existing Conditions . Aramark
has
no duty to investigate,
detect, prevent, handle, encapsulate, remove,
or
dispose of, and will have
no
responsibility to District or
others for any exposure
of
persons
or
property to, asbestos, lead, fuel storage tanks
or
contents, indoor air
pollutants or contaminants, poor air quality, or hazardous, toxic, or regulated waste substances, mold,
fungi, mildew, pollutants, or contaminants (collectively, the Hazardous Substances ) at Distr ict's
Facilities
or
their surrounding premises; and such duties have
not
been included in the ramark Fee.
District will comply with all applicable federal, state, and local laws and regulations, which have been or
will
be
enacted during the
Tenn of
this Agreement, regarding such Hazardous Substances on the
Facilit ies' premises. District will inform Aramark of the presence of such Hazardous Substances and
acknowledges that Aramark employees will not be required to work in any location where they could be
exposed to such Hazardous Substances. Aramark has advised District that it docs not provide or assume
any responsibility to monitor or remediate Hazardous Substances
or
any similar conditions, and that all
determinations and corrective actions regarding Hazardous Substances and any similar conditions shall
be made by District or a third party retained by
istricl
n no case will any Aramark employee act in the
capacity
of
a Designated Person (within the meaning
of
the Asbestos Hazard Emergency Response
Act, AHERA''), which duties remain solely with District.
3
-
7/23/2019 WFISD's Contract with Aramark
5/26
Aramark will not be responsible for any conditions that existed
in
on,
or
upon the Facilities
or
the District's equipment
or
systems before the Commencement Date of this Agreement ( Pre-Existing
Conditions ), including, without limitation, environmental impairments, and o ther conditions.
Notwithstanding the general indemnity provision contained below in Section 6, without waiving the
doctrines
of
sovereign
or
governmental immunity and immunity from suit, and to the extent permitted
by
the laws and Constitution
of
the State
of
Texas.
To
the extent permitted by the laws and Constitution
of
the State
of
Texas, District will indemnify, defend and hold Aramark harmless from and against any and
all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees) that Aramark
may incur in connection with any Pre-Existing Conditions. The Parties acknowledge and agree that
Aramark's responsibilities hereunder are limited to the scope and substance
of
Aramark's Management
Services, as defined in the Exhibits to this Agreement.
4.
Personnel
(a) Aramark Operations Team. Aramark will provide and pay personnel for the efficient
management of the Management Services (the Aramark Operations Team ), which Aramark may adjust
from time
to
time, as appropriate. The ramark Operations
Team
will
be
led by at least one (1) manager
(the Aramark Manager ), who will coordinate training and management
of
the service employees in
those departments managed by Aramark (the Service Employees ). The ramark Manager will act as
Aramark's chief representative for Aramark 's day-to-day performance of the Management Services, and
will interact directly with District.
f
an Aramark Manager should become unacceptable to District's
Director of Support Services
or
such officer's designated representative, then District's Director of
Support Services or designated representative may request his or her removal and Aramark will provide
a mutually acceptable replacement within a reasonable time thereafter. While on the Facilities, the
Aramark Operations Team will be subject to the rules and regulations of District, copies ofwhich will be
provided by District to Aramark reasonably in advance.
(b) Service Employees. Aramark will provide and pay all Service Employees ramark
deems necessary for the efficient provision
of
the Management Services. The Service Employees will be
subject to the rules and regulations ofDistrict while
on
the Facilities. Aramark will be responsible for all
wages, payroll and other taxes, benefits, fees, and other charges
or
insurance required by any federal,
state and local law, statute or regulation (including, but not limited to, unemployment taxes, Social
Security contributions, worker's compensation premiwns and all similar taxes and payments),
attributable to each ramark Service Employee. ramark will have no authority with respect to the
wages, hours, or other working conditions of any Aramark Service Employee and Aramark shall be
responsible for all matters associated with recruiting, hiring, employment, compensation, benefits,
insurance, promotion, discipline, and discharge
of
each Aramark Service Employee. Aramark will
indemnify and hold the District, its trustees, elected officials, officers and employees, harmless from and
against all claims, liabilities, and losses relating
to
or arising out of any claim
or
allegation that the
District is, or is deemed to be, an employer or a joint employer of the ramark Service Employees.
(c) Restrictions on Hirini: Syperyisory Employees. Supervisory Employees, for the
purpose
of
this Section, is defined as those persons who perfonned management or professional services
for the Facilities, directly or indirectly, at any time during the then previous twelve (12) months.
Aramark agrees that no Supervisory Employees ofDistrict will be hired by Aramark for the
Term
of this
Agreement and twelve (12) months thereafter.
District acknowledges that Aramark has invested considerable amounts of time and money in
training its Supervisory Employees n the systems, procedures, methods, forms, reports, formulas,
computer programs, plans, techniques and other valuable information that are proprietary and unique to
Aramark's manner
of
conducting its business and that Aramark makes such information available to its
4
-
7/23/2019 WFISD's Contract with Aramark
6/26
Supervisory Employees, its subsidiaries and affiliates, on a confidential basis. Therefore, District agrees
that no Supervisory Employees of Aramark, its subsidiaries or affiliates, will be hired by District for the
Term
of
this Agreement and twelve (12) months thereafter, and that District will not permit any
Supervisory Employees of
Aramark
its subsidiaries or affiliates to provide services for the Facilities
directly
or
indirectly (through consulting contracts, contracts with third parties that employ
or
otherwise
retain any Supervisory Employees, or otherwise) for the Term of this Agreement and twelve (12) months
thereafter. Additionally, District agrees that
if it
violates the conditions set forth in this Section, District
will pay to Aramark, and Aramark will accept as liquidated damages nd not as a penalty, an amount
equal to two times the annual salary (base and bonus)
of
the Supervisory Employee(s) retained by
District or allowed to work on the Facilities in violation
of
this Section.
(d) Equal Opportunity and Affirmative Action Employer. Aramark
affirms
that it is an
equal opportunity and affirmative action employer, and shall comply with
all
applicable federal, state and
local laws and regulations relating to non-discrimination and affirmative action. It is the policy
of
Aramark to recruit, hire,
train
promote, transfer and terminate persons without regard to race, color,
religion, national origin, age, sex, gender, pregnancy, disability, sexual orientation, gender identity,
genetic information, military status, protected Veteran Status or other classification protected by
applicable federal, state
or
local law (each a Protected Status ).
In
addition, Aramark will ensure that
all
other personnel actions such as compensation, benefits, lay-off, return from lay-off, company
sponsored training, education, tuition assistance, social and recreational programs are administered
without regard to Protected Status. Veteran Status is specifically status as a disabled veteran, special
disabled veteran, Vietnam Era veteran, recently separated veteran, armed forces service medal veteran, or
other protected veteran. Aramark affirms that
t
is an equal opportunity
nd
affirmative action employer,
and shall comply with all applicable federal, state and local laws and regulations relating to non
discrimination and affirmative action.
(e) Backsround Checks.
Aramark
shall obtain National Criminal History Record
Information ( CHRI''), pursuant to Texas Education Code section 22.0834 and Texas Government Code
4
l.082(a), on Aramark, Aramark's employees, subcontractors, independent contractors, applicants,
agents, or consultants, to the extent those persons are Covered Employees. Covered Employees include:
(1) persons who will have continuing duties related to the Project and (2) the duties are
or
will
be
performed on the District's property and the person(s) will or may have direct contact with students.
In
connection with this requirement, the Aramark will be required to:
1.
Assume all expenses for obtaining CHRI,
if
required.
ii. Certify to the District in writing that it has complied with this section and that none of its
Covered Employees have a Disqualifying Criminal History on a form provided by the
District. A Disqualifying Criminal History includes conviction
of
one
of
the following
offenses, if t the time of the offence the vict im was under eighteen ( 18)
or
enrolled in a
public school: (a) a felony offense under Title 5, Texas Penal Code;
(b)
an offense for
which a defendant is required to register as a sex offender under Chapter 62, Texas Code
of
Criminal Procedure;
or
(c) n equivalent offense to (a) or (b) under federal law or the
laws
of
another state. Aramark. agrees that any Covered Employee discovered to have a
Disqualifying Criminal History shall
be
disqualified and prohibited from performing any
contract duties or services under
this
Contract.
f t receives information that a Covered Employee is arrested or convicted for any of the
Disqualifying Criminal History offenses during the performance
of
this contract,
Aramark will immediately remove the Covered Employee from Owner's property or
other location where students are regularly present, and notify the Owner
of
said removal
within three (3) days
of
doing so.
-
7/23/2019 WFISD's Contract with Aramark
7/26
Aramark understands that any failure to comply with the requirements of this section may
e
grounds for
termination
of
its contract with the District. Instructions for complying with CHRI requirements will
e
made available by the District. Instructions for complying with CHRI requirements are attached as
Exhibit
and
C
(f)
Absenteeism. Aramark
will
provide adequate substitute
staff
to ensure the efficient
management of the Management Services.
i
District may receive a credit
of
100 per day for vacancies and absences
of
management
personnel in excess of five (5) consecutive work days.
ii. District may receive a credit of 50 per day, per employee if Aramark fails to be fully
staffed within one
full
week
of
the school start date.
m
District may receive a credit of 50 per day, per employee
if
the summer staffing
numbers falls be low 50%
of
regular school year staffing levels.
iv.
Aramark
must maintain an inventory
of
at least eight (8) floaters/substitutes at all times.
District will receive a credit of 25 for each and every time an absence is not covered by
a floater/substitute. This credit will be limited to eight (8) absences ( 200) daily. District
may waive all or part
of
this credit depending
on
the circumstances, including but not
limited to, cold and flu outbreaks.
5. Financial Terms. Financial terms
of this
Agreement are set forth on Exhibit A hereto.
6
Indemnity; Insurance; Limitation
of
Liability
(a) Indemnity. To the extent permitted by the laws and Constitution of the State
of
Texas,
each Party will indemnify and hold the other Party, its subsidiaries and affiliated companies, and their
respective directors, trustees, officers, partners, members, shareholders and employees, harmless from
any
third
party
liability (including reasonable attorneys' fees and court costs) by reason
of
the negligent
acts
or
omissions
of
the indemnifying Party, its employees
or
agents.
f
the damages, injury, loss or
claim is caused by the negligence
of
both Parties, the apportionment
of
said damages, injury, loss
or
claim shall
e
shared between both Parties based upon the comparative degree
of
each Party's negligence
and each Party shall be responsible for its own defense and its own costs including but not limited to the
cost
of
defense, attorney's fees and witnesses' fees and expenses incident thereto.
In
no event will either
Party
e
liable to the other Party for any loss
of
business, business interruption, consequential, special,
indirect or punitive damages.
Each Party agrees to provide the other Party with prompt written notice
of
all losses or claims for
which
it
will seek indemnity under this Agreement. Each Party agrees not to incur any cost
or
expense
with respect to any loss or claim for which it seeks indemnity under this Section without the other Party's
prior written approval; provided, however, that the foregoing shall not apply in the event that the other
Party
has
in writing rejected, denied
or
otheiwise declined the indemnification request with respect
to
such loss or claim. Each Party agrees to cooperate fully with the other Party in the investigation, defense
and settlement of all such losses and claims.
(b)
Insurance. Subject to Aramark 's right to maintain reasonable deductibles, Aramark shall
obtain and maintain in full force and effect for the duration
of
this Agreement, and any extension hereof,
at Aramark's sole expense, insurance coverage issued
by
companies authorized, approved or admitted to
6
-
7/23/2019 WFISD's Contract with Aramark
8/26
do business in the State of Texas and rated
B+
or better
by
A.M. Best Company and/or otherwise
acceptable to District, in the following types
and
amounts:
Worker s Compensation:
Employer's Liability:
Commercial General Liability:
Occurrence
Aggregate
Personal Injury
Automobile Liability:
All liability
nsmg
out of Consultant's
employment
of
workers and anyone for whom
Consultant shall be liable for Worker's
Compensation claims. Worker s
Compensation is required and no alternative
form
of
insurance shall be permitted.
$1,000,000.00
$1,000,000.00
$2,000,000.00
$1,000,000.00 each person
$1,000,000 combined single limit
(1) Prior to the commencement
of
any work under this Agreement, Aramark shall furnish an
original completed Certificate of Insurance to Distric t's representative, completed by an agent
authorized to bind the named underwriter(s) and their company to the coverage, limits,
and
termination provisions shown thereon, containing all required information referenced
or
indicated thereon.
The
original certificate must have the agent s original signature, including the
signer s company affiliation, title
and
phone number, and be mailed directly from the agent to
District. District shall have no duty to pay or perform under this Agreement until such certificate
shall have been delivered to District's representative, and no officer
or
employee shall have
authority to waive this requirement.
(2) The General Liability and Automobile issued in the name
of
Aramark shall also name the
District as n additional insured.
The
coverage afforded to the additional insured under the policy
or policies shall be primary insurance. It is the intent of the parties to this Agreement that the
General Liability coverage required herein shall be primary to and shall seek
no
contribution
from all insurance available
to
Owner, with Owner s insurance being excess, secondary and non
contributing. The Commercial General Liability coverage provided by
Aramark
shall be
endorsed to provide such primary and non-contributing liability. f the additional insured has
other insurance which is applicable to the loss, such other insurance shall be
on
an excess or
contingent basis. Any insurance coverage (additional insured or otherwise) that Aramark
provides the District shall only cover insured liability assumed by Aramark in this Agreement;
such insurance coverage shall not otherwise cover liability in connection with or arising out
of
the wrongful or negligent acts
or
omissions of the District.
(3) Both Aramark and the District waive all rights of recovery from each other for property
damage
or
loss of use thereof, however occurring. The foregoing waiver does not apply to bodily
injury
or death claims.
(4) Notice of cancellation of
ny
insurance policies required herein shall be subject to
ACORD
5
Certificate
of
Liability standards, and will be delivered, as applicable, in accordance
with policy provisions.
7
-
7/23/2019 WFISD's Contract with Aramark
9/26
(5) f Aramark fails to maintain the aforementioned insurance, or fails to secure and
maintain the aforementioned endorsements, District may at its option terminate
this
agreement or
obtain such insurance, and deduct and retain the amount
of
the premiums for such insurance from
any sums due under the Agreement; however, procuring
of
said insurance
by
District is an
alternative to other remedies District may have, and
is
not the exclusive remedy for failure of
Aramark
to maintain said insurance or secure such endorsement. In addition to any other
remedies District may have upon
Aramark's
failure to provide and maintain any insurance
or
policy endorsements to the extent and within the time herein required, District shall have the
right to order Aramark to stop work hereunder, and/or withhold any payment(s) which become
due to Aramark hereunder until Aramark demonstrates compliance with the requirements hereof
(6) It is agreed that Aramark's insurance shall be deemed primary with respect to any
insurance or self-insurance carried by District for liability arising out of operations under this
Agreement
7
Termination; Force Maleure
(a) Termination. f one Party (the ''Notifying Party'') considers the other Party (the
Responding Party ) to have materially breached any of its duties hereunder-, then the Notifying Party
will
give the Responding Party written notice with sufficient detail to provide the Responding Party with an
opportunity to cure the alleged breach. The Responding Party will then have thirty (30) days from receipt
of
such notice to cure the alleged breach (the
Cure
Period''). f he Notifying Par ty reasonably considers the
alleged breach not to have been substantially cured after the Cure Period has ended, then the Notifying Party
may terminate this Agreement by giving the Responding Party written notice
of
termination, and the
Notifying Party will be relieved from further performance
of
ts duties under this Agreement
thirty
(30) days
after delivery of such notice (the Transition Period''). The Parties will cooperate with each other during the
Transition Period, so that the Management Services provided under this Agreement may be transitioned to
District
or
to another service provider in an orderly manner.
(b)
f
at
any time during the term
of
this Agreement either Party considers terminating the
Agreement, such Party shall give the other Party written notice that it is considering such action, which
notice shall set forth with sufficient specificity such Party's reasons for contemplating termination.
During the following thirty (30) day period the Parties shall discuss,
in
good faith, the Party's reasons for
considering terminat ion in an effort to avoid the need for such action. Following the thirty (30) day
discussion period the Party considering termination, if not fully satisfied, may elect to terminate the
Agreement by giving the other Party sixty (60) days' written notice
of
its intention t o terminate; provided,
however, neither Party may give notice
of
its intention to terminate during the first ninety (90) days
of
operation under this Agreement.
Notwithstanding any provision in this Agreement to the contrary, Aramark may terminate this Agreement
immediately at any time if District fails to pay Aramark any amounts due Aramark hereunder within the
time period provided in this Agreement for such payment, and such failure continues for a period of
fourteen ( 14) business days following written notice by Aramark to District
of
such failure.
(c) Force Majeure. f either Party is rendered unable to perform its duties under this
Agreement, in whole
or
in part, by reason of any event that is not reasonably under its control (including,
but
not
limited to, Acts
of
God, fires, floods, earthquakes, accidents, strikes, riots, national emergencies,
and other such force majeure events), then any duty so impacted will be suspended during such event.
The Party rendered unable to perform due to force majeure must promptly notify the other Party, and
neither Party shall be responsible to the other Party for any losses resulting from such force majeure,
8
-
7/23/2019 WFISD's Contract with Aramark
10/26
except for payment of monies owed. f either Party s inability to perform exceeds one hundred twenty
(120) days, then either Party may terminate this Agreement by written notice, effective upon the other
Party's receipt of such written notice.
( d) Prej>aid Vendor Contracts. Intentionally Deleted.
(e) Purchase of Inventory. Intentionally Deleted.
(f) Appropriation
of
Funds. f sufficient funds are not appropriated for District's proposed
budget for its next fiscal year to enable District to make payments due to Aramark under this Agreement,
then District will provide Aramark with an opinion letter and supporting documentation from District's
attorneys containing a specific description of the lack of funds, and the Agreement will terminate at the
end of the District's then current fiscal year. The District agrees that it will not contract with another
service provider for services in the nature of the Management Services during the remainder of the then
current term if this Agreement is terminated pursuant to this Section.
8.
Confidential Information and Proprietary Materials
All financial, statistical, operating and personnel materials and infonnation, including, but not limited to,
technical manuals, plans, policy and procedtll C manuals and computer programs relative to or utiliz.ed in
Aranwk s business or the business of any subsidiary or affiliate of Aramark, shall be the property of
ramark
and shall be confidential.
To
the extent permitted by law, the District shall keep such information
confidential and shall so instruct its agents, employees, and independent contractors, and the use of such
information by District in any manner shall not affect Aranwk' s ownership
or
the confidential nature of
such information. District shall not photocopy or otherwise duplicate any such materials without the prior
written consent
ofAramark
District agrees that all proprietary computer software, signage, and marketing and promotional literature
and material used by
Aramark
in providing services pursuant to this Agreement (the Proprietary
Material' ') shall remain the property
of
Aramark, notwithstanding the fact that the District may have been
charged for the use
of
such materials. Aramark grants District a non-exclusive right to use the
Proprietary Material for the
Term of
this Agreement. All patents, copyrights, trade secrets and other
proprietary rights in
or
related
to
the Proprietary Material are and will remain the exclusive property of
Aramark, whether or not specifically recognized
or
perfected. District will not take any action that
jeopardizes Aramark' s proprietary rights or acquire any rights in the Proprietary Material. Unless
otherwise agreed, Aramark will own all rights in any copy, modification, adaptation, or derivation of the
Proprietary Material, including any improvement or development thereof. District will obtain, at
Aramark.'s request, the execution of any instrument that may
be
appropriate to assign these rights to
Aramark or to perfect these rights in Aramark.'s name. Upon the conclusion or other termination
of
this
Agreement, all use of trademarks, service marks, and logos owned by Aramark or licensed to it by third
parties shall be discontinued by District and District shall immediately return any Proprietary Material to
Aramark.
Notwithstanding any provision of this Agreement to the contrary, nothing herein may be construed
as
a
limitation on District' s obligations under the Texas Public Information Act, Texas Government Code
Chapter
552
and no disclosure of materials as required by the Act shall constitute a breach of this
Agreement.
In
the event District receives a request for materials identified by Aramark as confidential,
copyrighted, trade secret,
or
proprietary, District shall promptly notify Aramark of the request and shall
permit Aramark to submit to the Texas Attorney General reasons why materials should not be released
pursuant to the Texas Government Code 552.305. District shall not be required to submit such reasons
why the materials should not be released, or to incur any expense in resisting the release of the materials
9
-
7/23/2019 WFISD's Contract with Aramark
11/26
9.
General
Provisions
a) Notice.
Any
notice under this Agreement must be in writing, and will be effective when
delivered personally, delivered
by
a
national overnight delivery service,
or
three 3} business days after
being deposited in the United States mail postage prepaid, registered or certified}. All notices will be
addressed to the receiving Party at the following address
(or such other
address
of
which that Party has
given proper notice}:
f
o District:
WICIDTA FALLS INDEPENDENT SCHOOL DISTRICT
Attn:
Janet
Powell, Director of Support Services
1104
Broad
Street
Wichita Falls,
TX
76301
f
o Aramark:
ARAMARK MANAGEMENT SERVICES
LIMITED
PARTNERSHIP
Attn: Vice President and Chief Financial Officer, Aramark Education K-12)
Aramark Tower
1101 Market Street
Philadelphia,
PA
19107-2988
With a copy to:
ARAMARK MANAGEMENT SERVICES LIMITED PARTNERSHIP
Attn: Vice President and Associate General Counsel,
Aramark
Education K-12)
Aramark Tower
110 l Marke t Street
Philadelphia, PA 19107-2988
b) Computer Matters. District acknowledges and agrees that ramark has no responsibility
for the continued successful operation
of
any computer hardware, software
or
equipment under
computerized control other than computer hardware, software and equipment provided by, or
on
the behalf
of, Aramark), which malfunctions or ceases
to
operate
as
a result of software errors, operator errors,
infection by computer virus,
or
tampering.
c) Survival. The sections
of
this Agreement entitled Start-Up Period; Purchasing, Haz.ardous
Substances; Pre-Existing Conditions; Restrictions on Hiring Supervisory Employees; Indemnity; Insurance;
Limitation of Liability; Prepaid Vendor Contracts; Purchase of Inventory; Confidential Infonnation and
Proprietary Materials; and
Computer Matters
will survive the term and termination of this Agreement.
d) No Waiver. No waiver will
be
effective against either Party unless it
is
in writing and
signed
by
the waiving Party. A waiver of
any
particular breach of any term contained in
this
Agreement
will not operate as a waiver of that term itself, or as a waiver ofany subsequent breach thereof. The failure
of ramark or District to exercise any right or remedy available under this Agreement upon the other
Party s breach of the tenns, representations, covenants
or
conditions of this Agreement or the failure to
demand the prompt performance of
any
obligation under this Agreement shall not be deemed a waiver of i)
such
right
or
remedy; ii) the requirement of punctual performance; or iii) any right
or
remedy in
connection with any subsequent breach or default
on
the part of he other Party.
1
-
7/23/2019 WFISD's Contract with Aramark
12/26
(e) Severability. Should any of the provisions of this Agreement be declared or detennined
by any Court
of
competent jurisdiction to be illegal or invalid, the validity
of
the remaining parts, terms
or provisions shall not be affected thereby and said illegal or invalid part, term or provision shall be
deemed not to be a part
of
this Agreement, unless the illegality or invalidity of the illegal or invalid part,
term
or
provision causes this Agreement to fail
of
its essential purpose, in which case, this entire
Agreement shall become invalid and shall be null and void.
(f) Authority. Each Party represents and warrants that it bas the requisite authority to enter
into this Agreement and to perform its duties hereunder, that the individual signing below on that Party s
behalf has all requisite authority and approvals to do so and to bind that Party, and that it has done and will
do all things necessary so that this Agreement will be valid, binding and legally enforceable upon that
respective Party.
(g) Entire Agreement; Amendments. This Agreement bas been negotiated and prepared jointly
by the Parties, and will not be construed as having been drafted by any one Party. This Agreement and
ils
Exhibits contain the
final
and complete expression
of
all agreements between the Parties with respect to the
subject matter
of
this Agreement, and supersede all prior and contemporaneous agreements between the
Parties
whether oral
or
written. Except
as
otherwise provided herein, any change, modification or
amendment of this Agreement must be in writing and signed by all Parties.
(h) Counterparts. This Agreement may be executed in multiple counterparts, including,
without limitations, by facsimile and portable document format, each
of
which will be deemed an original,
but all of which together will constitute one and the same instrument
(i) Assignment. Neither District nor
Aramark
shall assign this Agreement without the prior
written consent
of
the other; provided, however, such consent shall not be unreasonably withheld.
j) Governing Law. The agreement shall be governed by and construed in accordance with the
laws of the State of Texas without regard to the choice oflaw rules of any jurisdiction
k)
Venue. Venue for any necessary court proceedings shall
be
the court system located
in
Wichita County, Texas.
IN WITNESS WHEREOF the Parties have executed this Management Services Agreement as of the
date shown first above.
ARAMARK MANAGEMENT
SERVICES
LIMITED PARTNERSHIP
By its General Partner,
ARAMARK SMMS
LLC
By:
BW--
Brian Pressler
Authorized Signatory
WICHITA
FALLS INDEPENDENT
SCHOOL
DISTRICT
By:
dd fu; ;t _
Michael S. Kuhrt
Interim Superintendent ofSchools
-
7/23/2019 WFISD's Contract with Aramark
13/26
EXIUBITA
FINANCIAL TERMS
A.
Aramark
Fee: All facilities, equipment and services to be provided by District under
this
Agreement shall
be
provided at District's expense. During the term
of
this Agreement, District shall pay
Aramark an annual fee for Aramark' s provision
of
the Management Services hereunder (the "Aramark
Fee"), which Aramark Fee shall
be
Two Million Six Hundred Eighty-Seven Thousand Three Hundred
Sixty-One Dollars ($2,687,361). The Aramark Fee will include (i) services for school-related activities
during after-hours and on weekends and (ii) Aramark' s corporate overhead costs including support
staff
office, warehouse storage, vehicles, radios, cellular phones and pagers.
follows :
8.
Adjustments to
Aramark Fee:
The Aramark Fee will be adjusted from time to time, as
(i) Annual
Ad ustment. Commencing on the first anniversary of he Commencement Date, and
annually on each successive anniversary hereafter, the ramark Fee will be increased by an amount
equal to the Consumer Price Index, U.S. City Average, All Items
For
All Urban Consumers, or a
comparable index
if
that index
is not
available.
ramark
shall be entitled
to
automatically
implement the foregoing increase in the
ramark
Fee.
(ii)
Prepaymept
Discoupt:
f
the entire
Aramark
Fee is prepaid by the District within fifteen
(15) days of receipt of Aramark 's annual invoice, the District shall receive a 1.5 prepayment
discount on the
Aramark
Fee.
C. Invoicing. At the beginning
of
each month during the Tenn
Aramark
will
submit to District
an
invoice for the Aramark Fee and any additional costs incurred in accordance with this Agreement
owed to Aramark for such month.
D.
Payment
Terms. All invoices submitted by Aramark to District shall be paid within 45 days
of
receipt
of
an invoice in accordance with the applicable provisions
of
the Texas Prompt Payment Act,
as set forth in Texas Government
Code
2251.001-2251.043.
E. Change in $cope. The Parties agree that the scope of the Management Services and the
corresponding
Aramark
Fee are based upon factors including but not limited to: the number, size, and
function of the Facilities; use of areas; average monthly occupancy rates, enrollment levels, employment
levels, shifts, traffic volume, etc.; departments managed; equipment; and specific duties
and
frequencies
described in the Exhibits. Any change in any such factors or in the nature
or
scope
of
Management Services
will constitute a change in scope to this Agreement. f District requests
an
expansion
or
reduction in the
Management Services provided by Aramark hereunder, the Parties shall negotiate in good faith an
equitable adjustment of the Aramark Fee commensurate with the expansion
or
reduction of such services.
n
addition, the District may request, and Aramark may provide, additional services hereunder
on
such
terms and conditions as the Parties sball mutually agree in writing.
f
Aramark's costs increase due to
increases in employee health and welfare benefits costs
or
due to causes beyond Aramark's control, the
Parties shall thereafter negotiate in good faith an increase to the Aramark Fee
to
reflect such increases in
costs.
Further, in the event that a determination is made
by
a government authority that any sale,
purchase, payment
or
use
of
property made to
or by
Aramark under this Agreement, either in whole or in
part, is subject to any sales, use, gross receipts, property or any similar
tax,
which
tax was
not
contemplated by the Parties at the Commencement Date, the full amount
of
any such
tax
liability,
12
-
7/23/2019 WFISD's Contract with Aramark
14/26
together with any interest paid by Aramark shall be invoiced by Aramark and shall be reimbursed by
District, notwithstanding the fact that this Agreement may have expired or been terminated for any
reason by either Party prior the date
of
such determination.
F Capital Investment
In
consideration
of
District's agreement to award this Agreement to
Aramark,
ramark
shall make n initial capital investment in custodial equipment for District in an
amount up to Four Hundred Thirty-Nine Thousand Eight Hundred Forty-Three Dollars ($439,843)
(collectively, the Capital Equipment ). Any Capital Equipment purchased will at all times remain the
property
of
Aramark and upon expiration
or
termination
of
the Agreement, Aramark shall accordingly be
entitled to remove any and all Capital Equipment from District's facilities.
ramark
shall at all times
maintain inventory records ofCapital Equipment, documenting the placement into service of the original
Capital Equipment, as well as the retirement/replacement of any Capital Equipment.
In
the event any
piece
of
Capital Equipment
is
retired and replacement equipment is provided by Aramark, it shall be
included as part of Aramark's Capital Equipment inventory.
ramark
shall be entitled to remove only
the Capital Equipment for which t can adequately document its ownership on the Capital Equipment
inventory upon expiration
or
termination
of
this Agreement. Contract.
3
-
7/23/2019 WFISD's Contract with Aramark
15/26
EXHIBITB
CUSTODIAL MANAGEMENT SERVICES PROGRAM
SCOPE
OF
SERVICES
Aramark will provide a Custodial Management Services Program ( Custodial Program )
to
District as
described in this Exhibit.
I. AREAS SERVED
Attachment CUST-1 contains a list of the Facilities that are included in the Custodial Program.
II. VENDOR CONTRACTS
Aramark will provide coordination and administrative oversight, but not management, of certain vendor
contracts identified in Attachment CUST-2 (the Managed Vendors ). All Managed Vendors will be
paid directly by District.
Ill
ARAMARK MANAGER'S RESPONSIBILITIES:
The Aramark Manager will manage the Custodial Program. The Aramark Manager
will
coordinate the
management and the activities of the Service Employees within the Custodial Department.
The Aramark Manager's duties will be
to:
consult with and
make
recommendations
t
District on custodial functions and services;
provide recommendations for staffing levels, implementation
of
procedures, and utilization
of
resources within the Custodial Department;
work with District t develop, implement,
and
maintain a Custodial Program that will comply with
the Description of Services and Frequencies set forth in this Exhibit;
produce reports related to the operation of the Custodial Department
as
mutually agreed upon by the
Parties;
develop job descriptions and standards
of
perfonnance for
ll
positions under Aramark's control;
track employment and training;
conduct Service Employee performance and progress evaluations;
payroll preparation and all other accounting functions;
bold team meetings for Service Employees
on
training and other relevant activities;
Attend certification, training and awards meetings and seminars as required from
time
to time;
Accompany the District's Director
of
Maintenance and Support Services during bis formal
inspections of school campuses perfonned four (4) days per week;
Establish and support an employee incentive program
for
maintaining a high cleanliness
standard;
Perform an inspection of two school campuses daily (following dismissal). Each inspection shall
last a minimum of 30 minutes. Inspection forms shall be submitted to the Director of
Maintenance and Support Services for review/approval;
Submit a
written
daily report to the District's Director
of
Maintenance and Support Services; and
Participate
in
security related duty/calls five days per week (Monday-Friday).
IV. MATERIALS AND SUfPLIES
ramark and District shall be responsible
for
the costs designated to each of hem in the following Cost
Responsibility Summary. Unless otherwise indicated, those costs for which Aramark is responsible, are
included in the Aramark Fee.
4
-
7/23/2019 WFISD's Contract with Aramark
16/26
Cost Responsibility Summary
SappHes Equipment Office Space
and
Purchasing
Custodial Chemicals: i.e. floor finishes. cleaners delt:n r:nts, sanitiz.cfS. hand soaos etc.
Walle ff Mats at Buildina Entrancewavs
Custodial Supplies: i.e. mops, buckds gloves wines. naner. plastics
etc.
Custodial Fnuinmcnt i.e. va.,unm ft()()(' machines..
laddCT
etc. costin2 lc:sAhanS249)
Reulacement o f x ~ d a b l e Custodial F.nuinment
Reulacement ofNon-Ernnvlablc Custodial Bauinment
Interior Pest Control
Facilities Manucmc:nt
Software
Svstcm (Custodial MArtHemcnt TMA)
Computcrized Custodial Oualitv Assurance Svstem (software
aod
haod held PDA'sl
All Safetv and Penonal Protection ~ i n m e n t for Contractor's Staf f
Snow Removal Eauinment:- i.e. snow throwers shovels
etc.
Replacement
of
Snow Removal Equipment:- i.e., snow throwen, shovels, vehicles, plows
Walks/entrances
Snow Removal Sul)l)lies : i.c.,di>icer
Offices
and
Warehouse Snace (provided bv District and leased bv Contractor)
Utilities for Office and S t o n o ~ of&uinment
Broad Band Internet Access (Will be provided for . Modifications will be the Contractor's
,..,._,.,aibilitv and must comnlv
with
disttict
nctworlc
stalldards)
Office FumilUfe and -
t
Cnnv Fax Machines Software Comouters and nrintcrs for
''ions
Tclenhooe and Telc:nhooe l'h.anres Both Local and Lon2 Distance
Office Supo\ies and
POltallC
for Custodial and Ground On.n.tions
Communication Bauinment
Cornmc:n:ial
Laundrv Bauinment
Labor- Management and Clerical
Recruitment and
Hirin l
Manaement
and
Clerical Emnlovees
Pavment of Mana '"'""'" and Clerical Waaa
Payroll Taxes ofManaacmcot and Clerical Emolo""""
fringe Benefits and insut'lnce ofMana_ , , t and Cleric:al F.mnlo..-..
Preoaruion and
Processin11
ofManlll elllcnt and Clerical
EmpJovees
Pavmll
Workers' Com"""ution
for
Manal ClllCnt and Clerical Emnl"""""
Criminal Backornunds Checks (State and Priva1e)
Labor
- Hourlv
Recruitment
111d
Hirin11 of Hourly Emplowes
Pa""""'l ofHl'lllrlv
WaRes
Pavmll Taxes ofHourlv Emnlo""""
Fringe Benefits and Insurance of Hourly Employees
Preparation and Procesain11 ofHour lv Emplo"""" Pavml\
15
ARAMARK
District
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
-
7/23/2019 WFISD's Contract with Aramark
17/26
R M RK
District
Wortm Comnen.ution for Hourly Emolovem
x
Uniforms
and
Safetv
Shoes
for
Hourly Emolovees
x
Criminal Backcrmunds Checks
-
7/23/2019 WFISD's Contract with Aramark
18/26
Painting.
Weekend or outside normal operations cleaning services
VIII. EXCLUSIONS
The
following are expressly excluded from
Aramark s
responsibilities under this Agreement:
Mold/mildew/fungi investigations
and
remediation is excluded. Cleaning mold/mildew is limited to
bathroom
and
shower areas to the extent that they are included in the scope of services described
above
in
this Exhibit.
Investigations remediation and abatement
of
Hazardous Substances.
7
-
7/23/2019 WFISD's Contract with Aramark
19/26
ATTACHMENTCUST- I
BUILDINGS
TO
BE
SERVICED
UNDER
CUSTODIAL PROGRAM
Facility Type
A B
. . ~ . .
--
rookVillaoA
Elementary
27
,
028
24,325
B1,rgess
Elementary
62,301
56,071
Crockett
Elementary
,3n 54,339
Cumingham
Elementary 69
,784
62
,806
Fain Elementary
69
.528
62,575
Farris Elementary
27,040
24 ,336
RMW
Elementatv 57
,361
51,
625
Franklin
Elementary 54.627
49,164
Haynes
E
.
42,856
38 5n
Jefferwn
Elementary
70
.451
63,406
Lamar
Elementary
38
.105
34,295
MK
am
Elementary
67
,896 61 ,106
Scotland Elementary
75
,569
68
,012
ISheppard
Elementary
49,554
44
,
59\l
ScMAhem Hills
Elementary
71
,
607
64,446
Washington Math/Science
Elementary
113,036
-
101 ,732
Wfft Elementary
64
,356
57,920
Zundy Junior
High 110,967
99,870
1,132,445 1,0111.201
Hi
rschi
High School
Hl 1l School
228,356
205,520
Rider
H1 1l School
High
School
256,074
230,487
Wldllta FallsHlgh School
Hi
gh
School 382 ,736 344 ,462
887,
1116
780- ll
Barwise Junior
Hioh
68 ,272
79,445
Kirby JuniorHiah
112,736 1
01
,482
McNie l Junior High
117,585
105.
827
318,593
286,734
Carrlgan
Other
64
,692
36,815
Denver Other
9,924
8,932
Education Center
Other
102,616
92,354
Hamill Centllf
Other
32,173
28,956
Support Center Office Areas
Other
7,764 7,006
Head Start FaciMtles
(Nl N,
Rosewood)
Other
15,719 14,147
232,908 188,209
2,551,112
2,274,5113
Portable BuUdlngs
21,392 26A53
Total Square Feet for
H ~ u
2,580,504
2,301,CM
The Custodial Program and the corresponding ARAMARK Fee are based on the foregoing data provided
by
District.
Any
buildings
or
areas not listed above are excluded from the Custodial Program.
18
-
7/23/2019 WFISD's Contract with Aramark
20/26
NOTE:
TI
ACHMENT CUST 2
VENDOR CONTRACTS UTILIZED IN
THE
CUSTODIAL PROGRAM
ANY VENDOR CONTRACTS NOT LISTED ABOVE ARE EXCLUDED FROM
THE
CUSTODIAL PROGRAM.
9
-
7/23/2019 WFISD's Contract with Aramark
21/26
Mai
dO
Q
Areas
c
:ii
.0
CJ
Q
=
c
,,
c
..
~
"
ftl
u
0
Q.
Cl
i
'E
c
g
ftl
:c
.8
ll
u
,,
I
...:
'E
...:
Cl
::::s
::::s
Ill .c
c
ID
::t:
u
Cafeteria
SW
3W
SW
NA
Classrooms
SA SA
SW
1W
Corridors
'3W
3W
SW
NA
Entrances
3W
3W
SW
NA
Gymnasiums
'3W
3W
SW
NA
Laboratories
SA
SA SW
1W
Art
Rooms
SA SA 5W
1W
Library, Music Room
SA SA
5W
1W
Offices
SA SA
5W 1W
Restrooms
SA
SA
SW
NA
Stairways SA AN 5W NA
Noles:
1. Classrooms are mopped
2. Grounds are to
be
walked for
litter
twice dally
3. Binds and shades are wiDed clown v.eekly. Cleaned SA
ATTACHMENT CUST - 3
ions Deoartmeat Cleanin2
F
-------
- -
..1
cbedule-E
2
c:
Q
Ill
Q
c
c
( j
c
u
Il l
f
i i
II
0
::::s
i i
>
IClll
Q
Q
.g
l)
cc
LL
:c
c
E
..
a
::::s
ii
:
1(
Q
(0
.
a.
,,,
0
at
ii:
c
~
0
c
c
=
25
.
2
E
2
=
l :
E
-
Cl
9
i
c
.
I
Q
::::s
~
c c
( )
:
a:
iii
NA 5W 5W
AN
A AN SW
AN
SW
5W
1W
5W 5W 5W
AN A AN
5W
AN SW
SW 1W
NA SW SW
AN
A
AN 5W
AN
SW
SW 1W
NA
5W
SW
AN 5W
AN NA AN SW
SW 1W
SW 5W 5W AN
A
AN
5W
AN
SW 5W
1W
SW
5W
SW
AN
A
AN
SW
AN SW SW
1W
5W SW SW
AN
A
AN
5W AN
SW SW 1W
5W
5W SW
AN
A
AN
SW
AN SW SW 1W
SW
5W SW
AN A
AN
5W
AN
SW
5W 1W
SW
5W
5W AN
A
AN
5W
SA
5W 5W 1W
NA 5W
SW
AN A
AN
NA
AN 5W
SW
1W
4. Mats are
vaa.n.rned dai
y and as needed
.
Mats are extracted 2M
SW-Five x
M 8k
SA-Semi-AnnuallY
1W-Once/Week
A-Annually
2M-2xMonth
AN-As needed
g
:c r
lD
c
Js
:c
c
0
'i
CJ
0
l
-
.1
ICll
"C
c
c
:. i
U)
0
>
Q.
Ill
Li:
.
1
-
~
0
'E
...:
5i
.,,
-
. ::t:
u
11.c
: I
NA SA NA
NA
A
5W
2
SW SA
SW
SA A
SW
N
NA SA SW
SA A NA N
NA
SA SW SA A SW
2
NA
A NA
NA
A NA 2
SW
SA SW SA A
SW N
SW
SA
SW
SA A
5W
N
SW
SA SW SA A
5W
N
SW SA 5W
SA A SW
A
NA
SA
NA NA A 5W
N
NA
SA SW SA
A NA
2
296690.7
-
7/23/2019 WFISD's Contract with Aramark
22/26
re as
SW-Five x week
I W-Once/Week
2M-2xMonth
I
DD
15
t:l
t:l
c
u
...
ll
u
,
....
c
"'
ii
....
S
s:::I
0
u
J
g
l
f-
f l l
f l l
J
:E
Iii
-
....
c
u
=
u u
c
u
...
C
C
e-
f'
...
...
u
u
u
JJ
Cl
....
...
:::... :::...
u
.Ill
al
u
-
7/23/2019 WFISD's Contract with Aramark
23/26
Notes:
l Classrooms are mopped daily.
2. Grounds are to be walked for litter twice daily.
3
Blinds and shades arc
wiped
down weekly. Cleaned
SA
4. Mats are vacuumed daily and as needed. Mats are extracted M
5. Snow and ice removal from entry and sidewalks to street. AN
6. Replace interior light bulbs at elementary schools District will provide bulbs) AN
7. Laundering and treating custodial supplies. AN
8
Staph infection prevention procedures during the football season at
all
secondary campuses
by
means
of
weekly
disinfection
of
locker rooms using aerosols.
W August-November
9. Screen and refinish hardwood gymnasium floors A
10. Clean and seal tile or ceramic floors in schools
and
cafeteria dining areas 3x Year
11 . Light fixture cleaning up to height of 12
feet.
3
-
7/23/2019 WFISD's Contract with Aramark
24/26
EXHIBITC
CONTRACTOR CRIMINAL BACKGROUND CERTIFICATION
Introduction: Texas Education Code Chapter 22 requires entities that contract with school districts ( Contractor )
to obtain criminal history record infonnation
( CHRij
on Covered Employees. Covered Employees
with
Disqualifying Criminal Histories are prohibited from serving at a school district. Contractors must certify
to
the
District that they have complied and must obtain similar information from subcontractors
of
every tier.
For more information or to set up
an
account, sec Exhibit 8-1 .
Definitions:
Covered Employees: All employees
of
a contractor or a subcontractor
of any
tier and individuals
who are
independent contractors and who have or will have continuing duties related to the service
to
be p rfonned at the
District and have or will
have
direct contact with students. The District will
be
the final arbiter
of
what constitutes
continuing duties
and
direct contact with students.
Disqualifying Criminal History: One
of
the following offenses,
if
at the time
of
the offense, the victim
was
under 18
or enrolled
n
a public school: (a) a felony offense under Title
5,
Texas Penal Code;
(b) an
offense for which a
defendant
is
required
to
register
as
a sex offender under Chapter
62,
Texas Code
of
Criminal Procedure; or (c)
an
equivalent offense
to
a) or (b) under federal law or the laws
of
another state.
296690.7
-
7/23/2019 WFISD's Contract with Aramark
25/26
CONTR CTOR CERTIFIC TION
n behalf of Aramark Management Services Limited Partnership
( Contractor ), I certify that [check one]:
[ ] None
of
Contractor's employees are Covered Employees,
as
defined above.
r
[X] Some or
all of
Contractor's employees are Covered Employees. If this box is selected, I further certify that:
I) Contractor has obtained
al]
required criminal history record information, through the Texas Department
of
Public
Safety, regarding its Covered Employees. None of the Covered Employees has a Disqualifying Criminal History.
2)
If Contractor receives infonnation that a Covered Employee
has
a Disqualifying Criminal History, Contractor
will immediately remove the Covered Employee
from
contract duties and notify the District in writing within 3
business
days.
3)
Upon request, Contractor
will
provide the District with the name
and
other requested information of covered
employees so that
the
District may obtain
criminal
history record information on the Covered Employees. If the
District objects to the
assignment
of
a Covered Employee on the basis
of
the Covered Employee's criminal history
record infonnation, Contractor agrees to discontinue using that Covered Employee to provide services at the District.
also certify to the District on behalf
of
Contractor that Contractor has obtained certifications from its subcontractors
of compliance with Education Code Chapter
22.
Noncompliance by Contractor with this certification may be grounds for contract termination.
Aramark Management Services Limited Partnership
ContractorNam e :
Brian Pressler
Submitter'sName:
______________________________
Title: Authorized Signatory
Email Address: [email protected]
Telephone No. 215-238-3000
Fax No.______________
Address: 1101 Market Street, 23rd Floor
City, State and Zip Code: . . ; ; ; P . . ; . . ; h . ; . . . i l a d ' e . , . l ~ _ . . h ' i a . . . _ _ P - A - 1...
_1..;. 07
__________________
j_
Submittcr's Signature:
~ l : 1 ~ L D a t e : ~ ~
~
All related costs including background checks/fingerprinting shall be at the contractor's expense.
2
-
7/23/2019 WFISD's Contract with Aramark
26/26
EXHIBITC-1
INSTRUCTIONS TO SCHOOL DISTRICT CONTRACTORS
REGARDING CRIMINAL HISTORY BACKGROUND SEARCHES
UNDER TEXAS EDUCATION CODE SECTION 22.0834
Texas Education Code section 22.0824 requires school district contractors ( Contractor ) to obtain state
and national criminal history record information on their employees who will have direct contact with
students, and to receive those results through the DPS criminal history clearinghouse (Fingerprint-based
Applicant Clearinghouse
of
Texas - FACT).
n
order for contractors to receive the information through
FACT, they must first establish an account with the DPS for FACT clearinghouse access. The Contractor
owner must sign a user agreement with the DPS. To obtain the user agreement and more information,
Contractor must contact:
Access and Dissemination Bureau
Texas Department
of
Public Safety
Crime Records Service
P.
0 .
Box 149322
Austin, Texas 78714-9322
Email
FACTl txdps.state.tx.us
Phone:(512)424-2365
For fastest service, please email or call. State in the message that the Contractor
is
a school district
contractor and needs to have an account established for DPS FACT clearinghouse access. Please include:
Contractor Name
Contractor Address
Contractor Phone
Name
of
Contractor point
of
contact
Phone
of
Contractor point
of
contact
Contractor email
to
be used for notification of FACT records and messages
The information in the DPS FACT Clearinghouse is confidential, and access must be restricted to the
least number of persons needed to review the records. The account must include at least one designated
supervisor to make necessary changes and to monitor the site's security and the access to the criminal
history data retrieved. Additional users must be limited to those who need to request, retrieve, or evaluate
data regarding the individual applicants.
PLEASE NOTE After the Contractor signs the DPS User Agreement for FACT, DPS will provide the
Contractor with a revised F ST ingerprint Pass that Contractor will have to provide to its employees
and applicants. Contractor's employees and applicants will use that
F ST
ingerprint Pass
when
scheduling
their
FAST
fingerprinting.