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<br />The Caterer warrants that the meals delivered under this Agreement will be wholesome <br />and suitable for human consumption. The Purchaser shall not be obligated to accept or <br />pay for any food items ~hat are spoiled, damaged, unwholesome or not delivered in time <br />for serving as specified. <br /> <br />The Caterer shall bill the Purchaser each calendar month for meals provided. After <br />verification of proper billing, the Purchaser shall pay such billing within fifteen (15) days <br />of the receipt of the invoice. <br /> <br />Bills presented to the Purchaser by the Caterer must include the following information: <br />1) a daily accounting of the number of meals delivered to each LunchPlus Club site and <br />the original signed copy of each delivery ticket organized by location and consecutive <br />day; 2) the total nUn1ber of meals delivered; 3) the total cost for meals delivered <br />excluding tax; 4) tax figured on this amount; 5) the amount of the total billing. <br /> <br />The Caterer shall maintain full and accurate sales records of purchases and billings <br />made in connection with this Program. Caterer will prepare and furnish any and all <br />reports of other documentation requested by the Purchaser. All such records, reports <br />and documentation sh.1I be kept on file for five (5) years after the last date covered by <br />this agreement. Authorized representatives of the Purchaser, North Carolina Division of <br />Aging and Adult Servides and United States Department of Health and Human Services <br />shall have access to all Caterers' records for audit and review at a reasonable time and <br />place with advance notice to the Caterer. <br /> <br />The use of USDA cas~ resources at the level instructed by the North Carolina Division <br />of Aging for FY 2007 must be assured by the Caterer. Detailed records must be <br />maintained on USDA Icash resources by Caterer. These records must also provide <br />documentation to the program that the cost per meal includes raw food purchases of <br />U.S. grown or produceD food equivalent to the current USDA rate. <br /> <br />Should USDA commo~ity/bonus foods become available, Purchaser will negotiate with <br />Caterer in using food$' according to state regulations. This agreement will be made a <br />part of the food contradt by an attached amendment. <br /> <br />The Caterer represent. it has or will secure at its own expense, all personnel required to <br />perform the services d~scribed in this Agreement. <br />I <br /> <br />The Caterer must ass\.Jre that a qualified person is in charge of meal preparation and <br />delivery, who can be qontacted at any time during normal business hours (8:00 a.m. - <br />5:00 p.m.). The nam~ and title of that individual and the name and title of alternate <br />persons must be provi~ed to the Purchaser. <br /> <br />! <br />The Caterer must proVide a Registered Dietitian to approve any food substitutions on <br />the menus provided. trhe menu change must be dated and signed by the Registered <br />Dietitian on the appropriate form and mailed to the Purchaser. (Schedule A) <br /> <br />6 <br />F-~ <br />