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The Caterer shall be flexible regarding the number of daily meals to be prepared and delivered. The program will notify the caterer of the number of meals required (per location) for the next serving day by telephone, fax, or email no later than 2:00 p.m. the previous day. This will constitute a purchase order which will cover maximum billing for that order. The Program has the authority to make a change in the number of daily meal orders. The Caterer shall bill the Program each calendar month for meals purchased. After verification of proper billing, Purchaser shall pay such billing within fifteen (15) days of the receipt of the invoice. Any such payment shall be conditioned upon receipt of sufficient funds from Centralina Council of Governments Area Agency on Aging and NC Division of Aging and Adult Services. Bills presented to Purchaser shall have the daily meal orders listed by location, each location's daily orders totaled, total meals ordered for billing periods, along with copies of delivery receipts. The bill should be figured with total meals excluding tax, and the tax figured separately. The total amount should reflect the added tax. A sample form must be included with this bid. Meal deliveries must be made within the limits specified in the NC Division of Aging and Adult Services Policies. These policies state meals must be delivered within three (3) hours of preparation time. Meals must be delivered to all locations in Cabarrus County between 9:00 a.m. and 11:00 a.m. If meals are not delivered within a twenty- minute late time frame, meals may be purchased from an alternate source, and the meal cost plus related expenses billed to the Caterer. The Caterer should contact the Purchaser as early as possible in the event that the Caterer is unable to deliver the requested meals. This will allow the Purchaser as much time as possible to make other arrangements. Alternately, the Program may elect to accept meals delivered more than twenty minutes late to a location but Purchaser will only be obligated to pay for the number of meals that can be served to the Program participants still in attendance at the time of meal delivery. Meals ordered will be packaged in bulk containers approved by the National Sanitation Foundation (NSF). The Caterer must abide by food safety practices required in the North Carolina Administrative Code (NCAC) Section .2644 (Rules Governing the Sanitation of Restaurants and other food handling establishments). If Caterer fails to deliver adequate amounts of food or all items on menu as ordered, the Purchaser may request that any omissions in delivery be provided by the Caterer. If there is insufficient time for the Caterer to deliver the omissions on the same day before serving time, then the Purchaser shall have the right to purchase the comparable food items from another source and the cost of items purchased will be billed to Caterer or credited on the Caterer's invoice equal to the Purchaser's expense for obtaining these food items. If the shortage or omission cannot be made up by the Caterer by serving time on the same day and if the Program is not able to purchase the needed food items, then the shortage or omission of the specific food item (meat, vegetable, bread, dessert or milk) will constitute a shortage of entire meal(s) and the cost of these meals will be deducted from the Caterer's bill accordingly. Cost of the meals shall be the contract price including tax plus total administrative expenses figured per meal. This cost shall be the total unit cost established in the Cabarrus County Home & Community Care Block Grant funding plan as submitted to Centralina Council of Governments Area Agency on Aging. Should the Caterer fail to deliver meals for a consecutive three (3) day period or should any person eating meals prepared under this contract become ill as a result of food borne illness attributable to the negligence of the Caterer, as determined by the Cabarrus Health Alliance or their assignee, then such 0 Attachment number 3 G -2 Page 164