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4 <br />indicated on the Delivery Receipt form. The County will notify Caterer of <br />shortages on the day they occur, when feasible. <br />e. Caterer will supply, for every meal provided, a written plan for portioning <br />each item served to ensure compliance with 1/3 RDA and other nutritional <br />requirements of the North Carolina Division of Aging and Adult Services. <br />f. In the event that Caterer fails to deliver any meal or part(s) thereof or <br />delivers meals excessively late (one -half [1/2] hour or longer) past the <br />designated hour of delivery as described in Attachment 1, the County may <br />procure a meal or meals or parts thereof elsewhere and charge to Caterer <br />the cost of such replacement of meal, or parts thereof, plus any expense <br />incurred by the County in procuring such replacement of meal, meals or <br />parts thereof. <br />g. The County has the right to refuse foods that are below temperature <br />standards, are not complete, are not aesthetically pleasing and are not <br />palatable, and Caterer shall not be paid for said meals. The County will <br />immediately review with Caterer that status of the food if the meal or a <br />portion is found unacceptable. Any unacceptable meal, meals or portion <br />thereof will be disposed of by mutual agreement. <br />h. When replacement meals are purchased by the County, Caterer's liability <br />hereunder shall be limited to actual replacement costs for meals purchased <br />under this provision and provided that the County shall submit a claim for <br />reimbursement under the Older Americans Act for such meals or parts <br />thereof prorated and, upon receipt, Caterer shall reimburse the County for <br />the amount of its liability hereunder. <br />i. In the event the County is unable to purchase the necessary meals or parts <br />thereof, Caterer shall bear liability for the unit cost of $5.00 for each <br />incomplete or unacceptable congregate meal. <br />j. County's failure to accept delivery of meals that comply with the <br />provisions of this Agreement shall give Caterer the right to terminate this <br />Agreement. <br />5. County is currently reimbursed for each complete meal served. If the meals fail <br />to meet minimum standards of quality, temperature or nutritional composition, the <br />project is not reimbursed. If minimum standards are not met through any failure <br />of performance by Caterer and the County is not reimbursed as a result thereof, <br />then Caterer agrees to reimburse the County at the unit rate of $5.00 for each <br />substandard congregate meal. Project Director shall notify Caterer within forty - <br />eight (48) hours of any failure of performance by Caterer. <br />6. Caterer shall comply with all Federal, State and Local laws and regulations <br />governing the preparation, handling and transporting of food; shall procure and <br />keep in effect all necessary licenses, permits and food handlers' cards, as are <br />required by law; and shall post such licenses, permits and cards in a prominent <br />place within meal preparation areas, as required. Caterer shall comply with all <br />applicable Federal, State and Local laws and regulations pertaining to wages and <br />hours of employment and equal employment opportunity. Caterer will comply <br />with all State and Federal antitrust laws and civil rights laws. Caterer will <br />