2013-152 HR - Deli Management, Inc DBA Jason's Deli for Caterer for Employee Appreciation $5,685

Browse Search

av/j)I- 1.40 2- K 14 / I [Departmental Use Only] TITLE Emp.Appreciation lunch FY 2092-93 ORANGE COUNTY CONTRACT UNDER$10,000.00 NORTH CAROLINA THIS AGREEMENT,made and entered into this 1st day of May,2013, ("Effective Date")by and between Orange County,North Carolina,a body politic and corporate organized under the laws of the State of North Carolina,(the "County"), party of the first part; and Deli Management Inc. DBA Jason's Deli (the "Provider"),party of the second part; WITNESSETH: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the following services to the County in accordance with the terms of this Agreement,time being of the essence: The services and/or materials (hereinafter referred to collectively as "Services") to be furnished under this Agreement are as follows: Catered box lunches to include a sandwich, chips, fresh fruit cup,and j napkin for no more than 750 employees Q a rate of$7.18 each. Sandwich selections will include turkey, ham with lettuce and tomato, and vegetarian/Garden sandwich; Bread selection should be wheat or french bread. In addition to the box lunches, iced tea (sweetened and unsweetened), lemonade and ice is to be provided for approximately 300 people. Cups will be provided by the County. Meals are to be delivered to the Farmer's Market Pavillion next to the John Link Government j Services Center, 200 S. Cameron Street,Hillsborough,NC no later than 10:45 am on Friday,May 31,2013. Final count will be provided to Jason's Deli no later than 5:00 pm on Tuesday,May 21,2013. The term of this agreement rendered shall be from May 31,2013 to May 31,2013. Provider represents and agrees that Provider is qualified to perform and fu11y capable of performing and ! providing the services required or necessary under this Agreement in a fully competent, professional and timely manner to the satisfaction of the County. Provider shall be responsible for all errors or omissions, in ! the performance of the Agreement. Provider shall correct any and all errors, omissions, discrepancies, ambiguities,mistakes or conflicts at no additional cost to the County. Provider agrees that Provider shall not sub-contract any of the services to be provided in this Agreement, nor shall Provider assign any right or responsibility granted or required by this Agreement,without the prior written approval of the County. SPECIFIC TERMS I L Payment: The County agrees to pay at the rates specified for Services satisfactorily performed in accord with this Agreement.The amount to be paid by the County shall not exceed five thousand six hundred ! eighty five and no/100, ($5,685.00). Payment shall be made within thirty (30) days of an invoice properly submitted to County. Should Provider fail to perform its duties under the terms of this Agreement, County may, without fault or penalty, withhold any payment associated with the work to be performed until such time as said work is completed. i 2. Non—waiver: Failure by County at any time to require the performance by Provider of any of the provisions hereof shall in no way waive or affect the County's right hereunder to enforce the same,nor , shall any waiver by the County of any breach be held to be a waiver of any succeeding breach or a waiver of this Non-Waiver Clause. 3. Independent Contractor: The Provider shall operate as an independent Provider, and the County shall not be responsible for any of the Provider's acts or omissions. The Provider shall not be treated as an employee with respect to the Services performed hereunder for federal or state tax, unemployment or Revised Jule 2010 1