Agenda - 09-20-2018 8-b - Approval of Senior Lunch Caterer Contract with Nantucket Cafe, Inc.

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rA A full year contract shall be 123 meals per day x 250 days = 30,750 congregate meals for FY 18 -19. 14. Caterer will maintain records which prove that $.75, or the appropriate amount designated by the U. S. Department of Agriculture, of food purchased per meal was produced and grown in the United States of America in accordance with State and Federal Regulations. 15. County may, from time to time, require changes in the number of meals to be prepared by Caterer. Such changes which are mutually agreed upon by and between the County and Caterer shall be incorporated in written amendments to this Agreement. Any agreed on amendments should give either party a 60 day notice of changes unless otherwise agreed. 16. This Agreement shall remain in effect (subject to the provisions identified in Paragraphs 4f, 7, 17, 18, or 27) until terminated by Caterer giving the County sixty (60) business days prior written notice of intention to terminate as of the date specified, or by County giving Caterer sixty (60) business days prior written notice of intention to terminate as of the date specified. Any notice of termination shall be sent to the parties identified in paragraph 28 below by certified mail with a signed receipt. The termination notice period will begin on the date of the receipt of the notice of termination by either party. 17. This Agreement shall remain in full force and effect until June 30, 2019 (or, if extended, until June 30, 2020), or until terminated as herein provided. 18. In the event that funds are terminated or otherwise unavailable for the purposes set forth in this agreement, this Agreement is null and void, releasing County and Caterer from further obligations contained herein. Meals delivered by Caterer and accepted by County prior to fund termination or other unavailability of funds will be reimbursed as set forth in the terms of this Agreement. 19. Caterer shall compensate the County for any loss, damage, spoilage or shortage of food (including attorney's fees and the cost of litigation) caused by negligent acts or omissions of Caterer's agents or employees in carrying out the terms of this Agreement. Caterer shall defend, indemnify and otherwise hold harmless the County against any claim or suit involving personal injury or property damage arising out of the transportation of meals to the various project site(s) and any claim alleging personal injury, sickness, and/or disease arising out of consumption of meals or other food caused by the storage, preparation and delivery of meals to the meal site(s). Caterer will not be responsible or liable for any of the above caused by the negligent acts of County personnel after acceptance of meals. If a defect is found in the meals or other food prepared by the Caterer, as between the County and the Caterer, it will be presumed that the defect is the responsibility of the Caterer unless the Caterer can establish the defect arises from some act or omission of the County. 20. The County shall promptly notify Caterer in writing of any claims against Caterer, the County and in the event a lawsuit is filed, shall promptly forward to Caterer all legal documents served in connection therewith. The County shall not incur any expense or make any settlement without Caterer's consent. However, if Caterer refuses or neglects to defend any such suit, the County may defend, adjust, or settle any such claim, and the costs of such defense, adjustment or settlement, including reasonable attorney's fees, shall be paid by Caterer.