Orange County NC Website
will be no sooner than the 10th of the month. County will make payments within <br />30 days of the date of each bill, provided requisitioned funds for such have been <br />received. County reserves the right to refuse payment for meals if any menu item <br />is omitted or is unacceptable per the terms of this agreement. The County has the <br />option to offer partial payment for said meals. <br />13. The amount of this Agreement for the period July 1, 2012 through June 30, 2013 <br />shall not exceed $ 172,500. The fiscal arrangements for this Agreement is based <br />upon the following number of approximate congregate meals for the period from <br />July 12, 2012 through June 30, 2013, hereunder with an option to renew for an <br />additional one year extension from July 1, 2013 through June 30, 2014. <br />A full year contract shall be 138 meals per day x 250 days = 34,500 congregate <br />meals for FY 12 -13. <br />14. Caterer will maintain records which prove that $.60, or the appropriate amount <br />designated by the U. S. Department of Agriculture, of food purchased per meal <br />was produced and grown in the United States of America in accordance with State <br />and Federal Regulations. <br />15. County may, from time to time, require changes in the number of meals to be <br />prepared by Caterer. Such changes which are mutually agreed upon by and <br />between the County and Caterer shall be incorporated in written amendments to <br />this Agreement. Any agreed on amendments should give either party a 60 day <br />notice of changes unless otherwise agreed. <br />16. This Agreement shall remain in effect (subject to the provisions identified in <br />Paragraphs 4f, 7, 17, 18, or 27) until terminated by Caterer giving the County <br />sixty (60) business days prior written notice of intention to terminate as of the <br />date specified, or by County giving Caterer sixty (60) business days prior written <br />notice of intention to terminate as of the date specified. Any notice of termination <br />shall be sent to the parties identified in paragraph 28 below by certified mail with <br />a signed receipt. The termination notice period will begin on the date of the <br />receipt of the notice of termination by either party. <br />17. This Agreement shall remain in full force and effect until June 30, 2013 (or, if <br />extended, until June 30, 2014), or until terminated as herein provided. <br />18. In the event that funds are terminated or otherwise unavailable for the purposes <br />set forth in this agreement, this Agreement is null and void, releasing County and <br />Caterer from further obligations contained herein. Meals delivered by Caterer and <br />accepted by County prior to fund termination or other unavailability of funds will <br />be reimbursed as set forth in the terms of this Agreement. <br />19. Caterer shall compensate the County for any loss, damage, spoilage or shortage of <br />food (including attorney's fees and the cost of litigation) caused by negligent acts <br />or omissions of Caterer's agents or employees in carrying out the terms of this <br />Agreement. Caterer shall defend, indemnify and otherwise hold harmless the <br />County against any claim or suit involving personal injury or property damage <br />arising out of the transportation of meals to the various project site(s) and any <br />claim alleging personal injury, sickness, and/or disease arising out of consumption <br />of meals or other food caused by the storage, preparation and delivery of meals to <br />the meal site(s). <br />