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Agenda - 10-01-2024; 6-c - New Piedmont Food Processing Center Management Agreement
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Agenda - 10-01-2024; 6-c - New Piedmont Food Processing Center Management Agreement
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9/26/2024 2:06:16 PM
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BOCC
Date
10/1/2024
Meeting Type
Business
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Agenda
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6-c
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7 <br /> "Renewal Term" - the additional period for which this Agreement may be renewed at the <br /> option of the County in accordance with Section 3.1 hereof beyond the Management <br /> Term. <br /> "PFPC" - as defined in the first paragraph of this Agreement. <br /> 2. PFPC Scope of Services and Revenues; County Access. <br /> 2.1 Engagement. <br /> (a) General Scope. The County hereby contracts with PFPC to provide management <br /> services by operating commercial kitchen space at the Facility in order to enable local <br /> food and agricultural entrepreneurship. At the Facility, PFPC will also manage, maintain <br /> and provide spaces for dry, refrigerated and frozen storage, and office space available <br /> for rent to food enterprises engaged with PFPC. <br /> (b) Manager of the Facility. Subject to the terms of this Agreement, PFPC shall be the <br /> sole and exclusive manager to manage, operate, and promote the Facility during the <br /> Management Term and the Renewal Term, if any. In such capacity, PFPC shall have <br /> authority over the day-to day operation of the Facility and all activities therein; provided <br /> that PFPC shall follow all policies and guidelines of the County hereafter established or <br /> modified by the County that the County notifies PFPC in writing are applicable to the <br /> Facility. <br /> (c)Approval of the County. To the extent that the approval of the County is required under <br /> the terms of this Agreement, the written approval of the Contract Administrator shall <br /> constitute the approval of the County, except to the extent the approval of another party <br /> is expressly required by the terms of this Agreement. Such approval shall not be <br /> unreasonably withheld. <br /> (d) Standards for Measurement of PFPC's Performance. The County is entering into this <br /> Agreement in part based upon PFPC's expertise and experience in managing and <br /> promoting PFPC and the understanding that PFPC will utilize all of its good-faith <br /> commercially reasonable efforts to manage the Facility in a first-class, high-quality, <br /> fiscally responsible manner and in the County's best interest. It is the intention of the <br /> parties hereto that PFPC will use its good faith commercially reasonable efforts to improve <br /> the quality of operations and programming at the Facility. <br /> 2.2 Scope of Services -- Generally. <br /> PFPC shall take all reasonable precautions to prevent damage to the Facility, from fire or <br /> other causes, to prevent bodily and other personal injury, and to prevent loss from theft <br /> or other causes. Such precautions shall include taking any action required by the County's <br /> or PFPC's insurance carriers. PFPC shall inspect the Facility daily with reasonable care <br /> to ensure dangerous or unsafe conditions are eliminated or remediated to the greatest <br /> extent reasonably possible. <br /> 3 <br />
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