Orange County NC Website
Browse       Search
DocuSign Envelope ID:9A8BDE32-FC8A-4203-8474-1ECCF7AF62EC <br /> A full year contract shall be 123 meals per day x 250 days = 30,750 congregate <br /> meals for FY 14-15. <br /> 14. Caterer will maintain records which prove that $35, or the appropriate amount <br /> designated by the U. S. Department of Agriculture, of food purchased per meal was <br /> produced and grown in the United States of America in accordance with State and <br /> 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 between <br /> the County and Caterer shall be incorporated in written amendments to this <br /> Agreement. Any agreed on amendments should give either parry a 60 day notice of <br /> 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 sixty <br /> (60) business days prior written notice of intention to terminate as of the date <br /> specified, or by County giving Caterer sixty (60) business days prior written notice of <br /> intention to terminate as of the date specified. Any notice of termination shall be sent <br /> to the parties identified in paragraph 28 below by certified mail with a signed receipt. <br /> The termination notice period will begin on the date of the receipt of the notice of <br /> termination by either party. <br /> 17. This Agreement shall remain in full force and effect until June 30, 2015 (or, if <br /> extended,until June 30, 2016), or until terminated as herein provided. <br /> 18. In the event that funds are terminated or otherwise unavailable for the purposes set <br /> forth in this agreement, this Agreement is null and void, releasing County and Caterer <br /> from farther obligations contained herein. Meals delivered by Caterer and accepted <br /> by County prior to fund termination or other unavailability of funds will be <br /> 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 or <br /> 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 County <br /> against any claim or suit involving personal injury or property damage arising out of <br /> the transportation of meals to the various project site(s) and any claim alleging <br /> personal injury, sickness, and/or disease arising out of consumption of meals or other <br /> food caused by the storage, preparation and delivery of meals to the meal site(s). <br /> Caterer will not be responsible or liable for any of the above caused by the negligent <br /> acts of County personnel after acceptance of meals. If a defect is found in the meals <br /> or other food prepared by the Caterer, as between the County and the Caterer, it will <br /> be presumed that the defect is the responsibility of the Caterer unless the Caterer can <br /> establish the defect arises from some act or omission of the County. <br /> 20. The County shall promptly notify Caterer in writing of any claims against Caterer, <br /> the County and in the event a lawsuit is filed, shall promptly forward to Caterer all <br /> legal documents served in connection therewith. The County shall not incur any <br /> expense or make any settlement without Caterer's consent. However, if Caterer <br /> refuses or neglects to defend any such suit, the County may defend, adjust, or settle <br /> any such claim, and the costs of such defense, adjustment or settlement, including <br /> reasonable attorney's fees, shall be paid by Caterer. <br /> I <br />