Orange County NC Website
Docusign Envelope ID : CO3CBB42-6385-4265-A237- I BAD6C002EB8 <br /> 3 . Term and Renewal . <br /> 3 . 1 Management Contract Term and Renewal Term . <br /> ( a ) The " Management Term " of this Agreement shall commence on the date the County <br /> signs this Agreement with PFPC and continue for a period of five ( 5 ) years unless earlier <br /> terminated pursuant to the provisions of this Agreement . <br /> ( b ) The parties hereto may extend the term hereof on the same terms and conditions for <br /> additional periods as agreed by County and PFPC ( each a " Renewal Term " ) commencing <br /> A <br /> mmediately after the Management Term or any Renewal Term , as applicable , through a <br /> written amendment to this Agreement . <br /> 3 . 2 New Contract . <br /> ( a ) If the County intends , upon termination or expiration of the Management Term or <br /> Renewal Term , to continue to provide management of the Facility through a private <br /> provider , providing this Agreement has not been terminated based upon a breach or <br /> uncured default by PFPC , then the County may , during the final year of the Management <br /> Term or Renewal Term , as the case may be , negotiate and discuss in good faith a new <br /> contract or arrangement with PFPC for the provision of such services following the <br /> completion of such term . The obligation to negotiate with PFPC is not intended to <br /> guarantee any contract rights for a future contract with PFPC or any specific terms of a <br /> new contract . The County may contract with PFPC or extend a contract with PFPC in its <br /> sole and absolute discretion . <br /> ( b ) Should the County determine that a new private provider is better suited to manage <br /> the Facility PFPC shall fully and reasonably cooperate with the County and the new <br /> private provider in transitioning from PFPC management to the new private provider' s <br /> management . <br /> 4 . Capital Improvements ; Capital Equipment . <br /> ( a ) The obligation to pay for , and authority to perform , direct , and supervise work on <br /> Capital Improvements shall remain exclusively with the County and will not be considered <br /> Operating Expenses . The County shall retain the sole discretion to determine whether <br /> and to what level to fund Capital Improvements to the Facility . Should PFPC determine <br /> Capital Improvements would benefit food processing services at the Facility , PFPC may <br /> request the County approve such Capital Improvements and upon the County' s written <br /> approval may fund such Capital Improvements through a separate written agreement . <br /> ( b ) The County shall maintain , repair , and replace as necessary the following items at the <br /> Facility : Roof and gutters , Exterior walls , Exterior doors and hardware , Electronic access <br /> control systems , County-owned refrigeration and freezer units , Fire controls and life <br /> safety systems , Heating , ventilation , and air- conditioning systems , Foundation , Paved <br /> parking area and front entrance to the building , County- owned emergency power <br /> 7 <br />