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HomeMy WebLinkAbout2018-656 Aging - Nantucket Cafe senior lunch catering I 2 CONTRACT FOR CATERING SERVICES IN ORANGE COUNTY THIS AGREEMENT, entered into as of this day of July 2018 by and between ORANGE COUNTY through the Department on Aging, (hereinafter referred to as - -.-"County"and--Nantucket Cafe, Inc. , (hereinafter-referred to as-"Caterer"); WITNESSETH THAT: WHEREAS, the County as entered into Grant Agreement with. Triangle J Area Agency on Aging (TJAAA) to provide certain services to persons aged 60 and over in accordance with the provision of Title .III, part C of.Public Law 1.02-375 and the North Carolina Home and Community Care Block Grant, including services provided for in this agreement, and. WHEREAS, the County is desirous of purchasing 'meals for consumption by eligible individuals under the provision of the Older Americans-Act of 1965 (Public Law 102-375), as amended, including Federal and State and Local regulations and policies relating thereto (hereinafter referred to as the "Older Americans Act, as amended"); and WHEREAS, Caterer is a food service management business and has the teclUlical knowledge and physical facilities required to supply such meals and desires to sell meals for use pursuant to the Older Americans Act, as amended; NOW THEREFORE, the parties hereto, intending to be legally bound hereby, agree as follows: 1. Caterer- agrees to sell and the County agrees to buy meals for the Congregate Meals program, which meals shall meet the nutritional requirements under the Older Americans Act. Caterer further agrees to prepare meals and deliver them.to the site(s). designated in the Congregate Meal Site Information" (Attachment 1), which is incorporated by reference as an integral part hereof Additional sites may be added or eliminated from time to time during the term of this Agreement by mutual written agreement of Triangle J Area Agency on Aging (TJAAA) and the County. Meals will be delivered within the time frames indicated in the "Meal Delivery Route Schedule." (See Attachment 1) 2. The County and TJAAA shall have the right and authority to: a. .Inspect all. food to determine compliance with specifications and to .reject any food not meeting such specifications, especially, but'not .limited to, foods not meeting the appropri ate temperature requirements; b. Have access to Caterer's purchase .records relating to the food purchased for sites for review and audit as necessary; c. Inspect at any time Caterer's food preparation, packaging, and storage areas; food containers and automotive vehicles used in transporting the prepared meals to the sites; and utensils used in preparing meals to determine the adequacy of cleaning, sanitation, and maintenance practices; 3 d. Determine the adequacy of Caterer's storage and record-keeping practices so as to ensure the safekeeping of all food, and in connection?11jerewith to have ready access to the related food inventory control records of Caterer;- e. .Inspect the meals served to determine compliance with U. S. Department of - - Health-and-Human.-Services-meal.-type requirements (Public-Law-95-478), and North Carolina Division of Aging and Adult Services meal requirements and the County shall have the right and authority to withhold payment for meals not meeting prescribed requirements. 3. The County shall notify Caterer of its daily meal requirements by 2:00 p.m. prior to the date on which said meals are to be delivered. This notification may be modified. on the day of serving in special circumstances, such as ice, snow, electrical failures, etc. The County should.notify Caterer no later than.6:00 a.m. on the day of serving if the circumstances prevent delivery. Meals will be delivered no later than one half hour prior to serving time at each site. Further, no food may be held from end of preparation to delivery of food to nutrition site for more than three hours. 4. Caterer will supply the congregate meals in. bulk to the designated Congregate :Meal site(s) or other site(s) as indicated in Attachment 1. Temperature checks of bulk food . shall be taken daily, immediately prior to packaging and will be indicated on the Meal Delivery Receipt and signed by the food production supervisor. It is recommended that all.hot food be at 180 degrees.Fahrenheit at the time of packaging. All cold foods must be at 45 degrees Fahrenheit or below. a. Caterer warrants that the .meals prepared by it urnder,'tliis=Agreement will be wholesome, suitable for human. consuniption and':'' ill satisfy the nutrition requirements of existing regulations pursuant to the Older Americans Act, as amended. b. Caterer shall be responsible for maintaining and sanitizing all insulated food containers. Caterer will assure that National Sanitation Foundation approved insulated food containers are available for transportation of meals to the designated site(s). Containers needing replacement will be replaced by the Caterer. The County will not be financially responsible for replacing carriers. Repairs to the containers will be the responsibility of the Caterer on a daily basis and will be paid for by the Caterer. Packaging and transport equipment must be kept in good working order and must maintain appropriate food temperatures. Food should be "panned" no longer than one-half hour prior to shipping. C. Caterer shall maintain adequate sanitary practices in handling the food in transit as determined by standards established by the North Carolina Division of Aging and Adult Services,North Carolina Department of.Human Resources. d. Upon delivery of food to each location. an authorized on-site representative of the County will sign a receipt in triplicate evidencing receipt of such food; one copy shall be retained by the representative, one copy shall be sent to the Caterer, and one copy shall, be retained by the County. Quantity, quality, temperature, and completeness of the meal will be verified between the,time of delivery and food service and will be indicated on the Delivery Receipt form. The County will notify Caterer of shortages on the day they`occur, when'feasib'le. 4 e. Caterer will supply, .for every meal provided, a written. plan for portioning each item served to ensure compliance with 1/3 RDA and other nutritional requirements of the North Carolina Division of Aging and Adult Services. f In the event that Caterer fails to deliver any meal or part(s) thereof or delivers - - meals-excessively late-(one-half f 1-/2] hour-or longer) past the designated hour of delivery as described in Attachment 1,the County may procure a meal or meals or parts thereof elsewhere and charge to Caterer the cost Of Bitch replacement of meal, or parts thereof,plus any expense incurred by the C6u6fy in procuring such replacement of meal, meals or parts thereof.. g. The County has the right to refuse foods that are below temperature standards, are not complete, are not aesthetically pleasing and are not palatable, and Caterer shall not be paid for said meals. The County will. immediately review with Caterer that status of the food if the meal or a portion is found unacceptable. Any unacceptable meal, meals or portion thereof will be disposed of by mutual. agreement. 11. When replacement meals are purchased by the County, Caterer's liability hereunder shall be limited to actual replacement costs for meals purchased under this provision and provided that the County shall submit a claim for .reimbursement under the Older Americans Act for such. meals or parts thereof prorated and, upon receipt, Caterer- shall reimburse the County for the amount of its liability hereunder. i. In the event the County is unable to purchase the necessary meals or parts thereof, Caterer shall. bear liability for the unit cost of$6.65 for each .incomplete or unacceptable congregate meal. j. County's failure to accept delivery of meals that comply with the provisions of this Agreement shall give Caterer the right to terminate'th s-Agreement. 5. County is currently reimbursed for each complete meal sf=vd:` If the meals fail to meet minimum standards of quality, temperature or nutritional composition, the project is not reimbursed. .If r-ninimum standards are not met through any failure of performance by Caterer and the County is not reimbursed as a result thereof, then Caterer agrees to reimburse the County at the unit rate of$6.65 for each substandard congregate meal. Project Director shall notify Caterer within. forty-eight (48) hours of any failure of performance by Caterer. 6. Caterer shall comply with all Federal, State and Local laws and regulations governing the preparation, handling and transporting of food; shall procure and keep in effect all necessary licenses, pen-nits and food handlers' cards, as are required by law; and shall post such licenses, permits and cards in a prominent place within meal preparation. areas, as required. Caterer shall comply with all applicable Federal, State and Local laws and regulations pertaining to wages and hours of employment and equal employment opportunity. Caterer will comply with all State and Federal antitrust laws and civil rights laws. Caterer will rnain.tai.n a Grade A or 90% Sanitary rating. A copy of the sanitation inspection will be sent out to the County each quarter. 7. Caterer- shall immediately notify the County and TJAAA of any changes made in his/her.license, .Food Liability Insurance, and Grade A or 90% Sanitary.Rating. This contract is in effect only as long as Caterer maintains a Grade"A"Rating and shall be 5 terminated immediately upon. change from a Grade "A" .Rating and/or loss of. Food Liability Insurance. 8. County's Senior Food Service Coordinator, or his/her designee, may conduct a formal on-site assessment of Caterer at least on a quarterly basis. County's authorized ---representatives, representatives from the North Carolina-Division of Aging and Adult - - Services and TJAAA shall have the right to conduct on-site review of the food service operation and records related thereto at any reasonable time with or without prior notification. 9. Caterer shall keep full, complete and accurate records of all purchases and sales covered by this Agreement. All such records shall be .kept on file for three (3) years (pursuant to Title 45 CFR, Part 74 H.HS) after the end of the Federal. fiscal year to which they pertain or any other period which the North Carolina Division of Aging and Adult Services or State reimbursement agency (N:C. Department of Human .Resources) may from time to time designate. All records,of.Caterer relating to food purchases, storage, and preparation and transportation diiectly related to the meals delivered under this Agreement, shall be .made available to the County, TJAAA or its authorized representative upon request. The County, and its' authorized representative, TJAAA and its' authorized representative, the North Carolina Division of Aging and Adult Services, the Administration on Aging of the Department of Health and Human Services, the United States and North Carolina Department of Agriculture, and the Comptroller General. of the United States, upon. request, shall have access to all such records for audit or review at a reasonable time and place and shall have the right to conduct on-site reviews of the food service operation with or without prior notification. 10. Caterer shall supply the recipes for meals to be delivered so as to ensure compliance with the U. S. Department of.Health.and .Human Services .Public Law 95-478 and the North Carolina Division of Aging and Adult Services meal-type requirements. Caterer will plan four menus per year.. These menus will be submitted to the TJAAA in the forrnat acceptable by TJAAA for review no later than two weeks in advance of proposed use. The menus, at. that point, will have been approved by the County. They must bear the original signature of a registered dietitian on each page of the menu, ensuring that the Federal regulations stipulating nutritional standards for older adults have been satisfied. The dietitian may be a volunteer, contract agent or an employee of the Caterer. a. All meals must meet the following basis specifications: Calorie content must be a minimum of 700 calories per meal and the Meal provide 460 Y.ng. of calcium. The fat content should be no more than 30% of total cald'ri&:`ari'd the meal may-not exceed 1300 milligrams of sodium. Full meal requit-enents are contained in the North Carolina Division of Aging and Adult Service Standards .Manual for Congregate Nutrition/.Home Delivered Meals. (htq.)://www..ticdhh.s.gov/a in Isvcstd/nutr-itio.n..)df) b. Each category of the ".Food Service Specifications" as outlined in the bid package and incorporated by reference as an.integral part hereof must be followed. c. Each meal shall cornply with all applicable regulations of the .Department of Health and Human Services, Administration on Aging, and the North Carolina .Division. of Aging Service Standards Manual, Volume 1, Congregate Nutrition/Home Delivered Meals, pursuant to the Older Americans Act, as amended. 6 d. Menu substitutions will not be allowed except under .extreme circumstances. If such a circumstance arises, food substitutions shall be approved by the person(s) responsible for menu review to ensure meals meet one-third of the daily Recommended .Di.etary Allowances. The dietitian responsible for menu review _ - - - -----must be consulted and give approval-to-the-substitution-at least one (l.)-day prior- -- - to the proposed change. Documentation that the substitution has been approved must be on file within 90 days of serving or, in. the case of the fourth quarter of the state fiscal year, not.later than July 31. Meals with.substitutions not approved in this manner are not eligible for reimbursement. Any deviation from the certified menu must be documented by a menu change form and the specific food substitution listed. The menu change form must be dated and signed by the person authorizing the change. Change forms shall be kept on file with the certified .menu for audit. The Caterer will be responsible for assuring that all menu substitutions meet one third (1/3) of the daily recommended dietary allowance for adults over age 60 and conform to the meal pattern as set forth by North Carolina Division of Aging and Adult Services. A11 permanent changes in menus must be documented and recorded at the time they are incurred and al.l substitutions must include the same nutritional requirements as the original item. All permanent changes must be approved by County prior to food service. No more than one substitution, whether temporary or permanent, are allowed per month. e. Any meal that does not meet one-third (1/3) RDA,;and:.the meal pattern and service standards, and is served to an eligible adult,``is dot.a reportable unit of service for reimbursement or USDA entitlement. 1.1.. .Meals will not be served on the following days and the holiday schedule to be observed for th.e purpose of this Agreement is as follows, but may be altered by mutual written agreement of the parties. New Year's Day Martin Luther King Jr. Day. Good Friday-Easter Memorial Day Independence Day Labor Day Thanksgiving Day and day after Christmas Day and the days preceding and following it 12. Caterer will invoice County monthly at the rate of $6.65 per congregate meal delivered which includes delivery charge. County will make payments within 30 days of the date of each bill, provided requisitioned funds for such have been received. County reserves the right to refuse payment for meals if any menu item is ornitted. or is unacceptable per the terms of this agreement. The County has the option to offer partial payment for said meals. 13. The amount of this Agreement for the period July 1, 201&.th'rdugh June 30, 2019 shall not exceed $ 250,000. The fiscal arrangements for this A eeEnt is based upon the following number of approximate congregate meals for the period from July 1, 2018 through June 30, 201.9, hereunder with an. option to renew for an additional one year extension from July 1, 2019 through June 30, 2020. 7 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 --- pi:oduced and grown in the United States of America in-accordance-with State-anal 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, 1.7, 18, or 27) until terminated by Caterer giving the County sixty (60) business days prior written notice of intention to tenninate 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. 1.7. This Agreement shall. remain in full. force and effect until June 30, 201.9 (or, if extended,until June 30, 2020), or until te.rrminated as herein provided. 1.8. *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 firnd termination or other unavailability of funds will be reimbursed as set forth in the terms of this Agreement. 1.9. 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 ore ss.ions of Caterer's agents or employees in carrying out the teens 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. 8 21. Caterer agrees to furnish the County with a certificate of insurance in. a fo.rra acceptable to the County certifying that Caterer carries Workmen's Compensation, comprehensive (including products), bodily injury and property damage liability insurance in such amounts as are acceptable to the County. The County and Caterer hereby waive any and all rights of.recovery from each other for loss to personal or -- -real property, or loss of use thereof-howsoever occurring.-- This waiver shall include g� but not be limited to losses covered by policies of fire, extended coverage, boiler explosion and sprinkler leakage. 22. It is mutually agreed between the parties that neither party shall be held responsible to the others for any losses resulting from its delay or failure to perform to the extent that the said party is delayed or prevented by Federal, State, or municipal action; war, revolution,riot or other disorder; strike or other labor problem; fire, flood, act of God, or without limiting the foregoing, by any other cause not within the control of the party whose performance is interfered with; and which by the exercise of reasonable diligence, the party is unable to prevent, whether of the class-of causes hereinbefore enumerated or not. 23. Caterer covenants that it presently has no interest, direct or indirect, which would conflict in any manner or degree with the performance of service required to be performed under this Agreement. Caterer further covenants that in the performance of this Agreement,no person.having any such.interest shall be employed. 24.No officer, member, or employee of the County and no members of this governing body or the .locality or localities in which the Project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Agreement shall participate in any decision relating to this Agreement which affects his personal interest or have any personal or pecuniary interest, direct or indirect, in the Agreement or the proceeds thereof. 25. In the carrying out of the contract work, Caterer will not discriminate against any employee or applicant for employment because of age, sex, race, creed, handicap, color or national origin. Caterer will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, creed, handicap, color oi-national origin. Such action shall include, but not be limited to the following: Employment; upgrading, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation and selection for training, including apprenticeship. Caterer agrees to post in conspicuous places, available to all employees and applicants for employment, notice to be provided by the Government sdttil?g forth the provision of this non-discrimination clause, Caterer will, in all solicitations or advertisements for employees placed, or on behalf of Caterer, state that all qualified applicants will receive consideration for employment without regard to age, sex, race, religion, handicap, color or national origin. 26. Caterer shall. not assign any interest in this Agreerent, and shall. not transfer any interest in same (whether by assignment or notation) without the prior written consent of the County thereto. No variation or modification of the Agreement, and no waiver of its provisions, shall be valid unless in writing and signed by the duly authorized officers of the County and Caterer. 27. It is mutually agreed that if any party shall fail to perform or observe any of the terms or conditions of this Agreement, the party (ies) claiming such failure shall give the other parties a written notice of such breach. If within fifteen (15) calendar days from 9 such notice the failure has not been. corrected, the injured parties may cancel. the Agreement by giving an additional thirty(30) calendar days written notice. If this Agreement is terminated due to Caterer's default, Caterer will be liable for the actual cost of meals, not to exceed$6.65 per congregate meal_, until a replacement can ---- -be secured or for a: maximum of sixty 60 calendar- days, Notice is to-be sent by- certified or registered mail, with receipt requested. 28. Notice. a. A notice to Caterer may be sent to: Marketing Manager Nantucket Cafe Post Office Box 2655 Chapel Hill, NC 27515 (919) 259-2925 b. A notice to the County may be sent to: Director Orange County Department on Aging P.O. Box 8181. Hillsborough,NC. 27278 29. The continuation of this contract is based on the caterer not being debarred or suspended by the Federal.government to receive federal grant program funds. 30. It is understood and agreed that Jerry Sullivan, Marketing .Manager shall represent the Caterer in the performance of this Agreement. Further, it is understood and agreed that the Director of the Orange County Department of Aging, Janice Tyler, shall represent the County as Project Manager in the performance of this Agreement. 31. This Agreement constitutes the entire agreement between Caterer and the County with respect to the subject matter hereof and there is no other or further written or oral understandings or agreements with respect hereto. 32. This contract is authorized through a grant agreement.between TJAAA and Orange County to fund Home and Community Care Block Grant services. Pursuant to this agreement, the County has agreed to provide certain services to persons aged 60 and over in accordance with the provision of Title III,,part C of Public Law 1.02-375 and the North Carolina .Home and Community Care .Block Grant, including services provided for in this agreement. The TJAAA grant agreement with the County remains in. frill force and effect and n.o provision contained herein shall be construed to in any way modify the provisions of the TJAAA agreement. 33. The Caterer agrees to abide by all applicable provisions of the N.C. Division of Aging and Adult Services standards, N.C. Home and Community Care B1.ock Grant Manual, Division of Aging Manual, and the TJAAA Manual including any revisions that may be made from time to time. Further, Caterer agrees to adhere to all clauses in the "Food Service Proposal Packet for Horne and Community Care Block Grant Nutrition .Programs - Congregate and .Hom.e .Delivered Meals", and incorporated by reference as an integral part hereof. 10 34. The County and the Caterer agree that the laws of the State of North Carolina shall govern.the validity and interpretation of the terms and conditions of this Agreement 35. Compliance with Laws. Caterer shall at all tirnes remain in compliance with. all applicable local state and federal laws rules and re gl}lations including but not limited to all anti-discrimination laws. Pursuant to the:,terms;of North Carolina General Statute 153A-449(b) no county may enter into ft.contract with a contractor unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Caterer's breach of this Agreement. By executing this Agreement Caterer affirms Provider is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 36. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina. It is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. The .Parties may agree to nonbinding mediation. of any dispute prior to the bringing of such suit or action. 37. Non-Appropriation. Caterer acknowledges that County is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public hinds are unavailable ands`.riot''appropriated for the performance of County's obligations under this Agreement, then this Agreement shall automatically expire without penalty to County immediately upon written notice to Caterer of the unavailability and non-appropriation of public funds. It is expressly agreed that County shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis. In the event of a change in the County's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action, which adversely affects County's authority to continue its obligations under this Agreement, then this Agreement shall automatically terminate without penalty to County upon, written. notice to Provider of such limitation or change in County's legal authority. SIGNATURE.PAGE TO FOLLOW 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives. BY COUNTY: Mark Dorosin,, air Orange County Board of Commissioners Attest: Donna Baker, Clerk Orange County Board of Commissioners BY CATERER: Signature T - e Vf Title: This contract has been.approved as to technical.content: Ja 1ce yler, Direct Department on Aging This i trument as been pre-audited in the manner required by the local government budg a is control act. Gary JA-aldson, Chief Financial Officer Th' ntra a been approved as to legal form by: An tte M. Moore, Staff Attorney 12 ATTACHMENT I - - - -Orange County Congregate Meal-Site Information A. MEAL SITE LOCATIONS Meals will be delivered to: Robert & Pearl Seymour Center Jerry M Passmore Center 2551 Homestead Road 103 Meadowland Drive Chapel Hill, NC 27516 Hillsborough, NC 27278 Food Service Coordinator Food Service Coordinator B. MEAL DELIVERY ROUTE SCHEDULE Serving Time: 12:00 Noon at each Center Meal Production Complete: 10:30­10:45 a.m. Time Meals Depart Commissary: 10:45— 10:55 a.m. Time Meal Arrival Time: Seymour Center 11:15 a.m. Central Orange Center 11:30 a.m. Will this route include other stops for other meal programs? Yes X No 13 ATTACHMENT 2 CONTRACT PROVISIONS ARRA.Funds Food Service Vendor Contracts By submission of a proposal, Contractor agrees to comply with the following provisions. Failure to comply with any and all provisions herein may be cause for the contracting agency to issue a cancellation notice to a contractor. Reporting Requirements The Contractor is notified that this project will be financed with American Recovef.y and Reinvestment Act of'2009 (hereinafter, "ARRA") Funds. The Contractor shall ensure that all subcontracts and other contracts for goods and services for an ARRA-funded project have the mandated provisions of this directive in their contracts. Pursuant to Title XV, Section 1.512 of the ARRA, the State shall require that the Contractor provide reports and other employment information as evidence to document the number of jobs created or jobs retained by this contract from the Contractor's own workforce and any sub- contractors. No direct payment will be made for providing said reports, as the cost for sarne shall be included in the various items in the contract. Posting with the Local Employment Security Commission:;. In addition to any other job postings the Contractor normally utilizes, the Office of Economic Recovery& Investment (hereinafter, "OERI")requires that the Contractor shall post with the local Employment Security Commission Office all positions for which he intends to hire workers as a result of being awarded this contract. Labor and semi- skilled positions must be posted for at least 48 hours before the hiring decision.All other positions must be posted.a minimum of five days before the hiring decision.The Contractor and any Subcontractor shall report the new hires in the manner prescribed by the Employment Security Commission and the OERI. Required Contract Provision to Implement ARRA Section 902 Section 902 of the ARRA requires that each contract awarded using ARRA funds must include a provision that provides the U.S. Comptroller General and his representatives with the authority to: (1) examine any.records of the contractor or any of its subcontractors, or any State or local. agency administering such contract, that directly pertain to, and involve transactions.relating to, the contract or subcontract; and (2) interview any officer or employee of the contractor or any of its subcontractors, or of any State or local government agency administering the contract, regarding such transactions. 14 Accordingly, the Comptroller General and his representatives shall have the authority and rights prescribed under Section 902 of the ARRA with respect to contracts funded with recovery funds made available under the ARRA. Section 902 further states that nothing in -902 shall be--interpreted to limit-or--restrict in any way-any existing-authority of - Comptroller General. Authority of the Inspector General provision Section 1515(a) of the ARRA provides authority1for any representatives of the United States Inspector General. to examine any records or .interview, any employee or officers working on this contract. The contractor is advised that representatives of the Inspector General have the authority to examine any record and interview any employee or officer of the contractor, its subcontractors or other firms working on this contract. Section 1515(b) further provides that nothing in this section.shall.be interpreted to limit or restrict in any way any existing authority of an Inspector General. Buy American provision Section 1605 of the ARRA requires that iron, steel and manufactured goods used in public buildings or public works projects be manufactured in the United States. Contractor agrees to abide by this provision and shall maintain records of such purchases for.inspections by authorized agents of the State of North Carolina and federal agencies. The Contractor must obtain written exception from this provision from the agency issuing the contract. Wage Rate.Provision Section 1606 of the ARRA requires that all laborers and mechanics employed by contractors and subcontractors with funds from the ARRA shall be paid wages at rates not less than the prevailing wage rate under. the Davis-Bacor Xclt:'The contractor agrees that by the submission of a proposal in response to a solicitation funded in whole or in part with recovery funds, continuous cornpli`ance will be maintained with the Davis- Bacon Act. Availability and Use of Funds Contractors understand and aclalowledge that any and all payment of funds or the continuation thereof is contingent upon funds provided solely by ARRA or required state matching funds. Pursuant to Section 1604 of the ARRA, contractors agree not to undertake or make progress toward any activity using recovery funds that will lead to the development of such activity as casinos or other gambling establishments, aquariums, zoos, golf courses, swimming pools or any other activity specifically prohibited by the Recovery Act. 15 Whistleblower Provisions Contractors understand and acknowledge that Article 14 of Chapter 124,NCGS 126-84 through 126-88 (applies to the State and state employees), Article 21 of Chapter 95, --NCGS 95-240 through 85-245 (applies to anyone, including state employees),, and--- - Section 1553 of the Recovery Act(applies to anyone receiving federal funds),provide protection to State, Federal and contract employees. Outsourcing outside the USA without Specific Prior Approval Provision Contractor agrees not to use any recovery funds from a contract or any other performance agreement awarded by the State of North Carolina, its agencies, or political subdivisions for outsourcing outside of the United States,without specific prior written approval from the agency issuing the contract. Federal,State and Local Tax Obligations By submission of a proposal, contractors and subcontractors assert and self-certify that all Federal, State and local tax obligations have been or will be satisfied prior to receiving recovery funds. Anti-Discrimination and Equal Opportunity Pursuant to Section 1.7 of the guidance memorandum issued by the United States Office of Management and Budget on April 3, 2009, recovery funds must be distributed in accordance with all anti-discrimination and equal opportunity statutes,regulations, and Executive Orders pertaining to the expenditure of funds. Office of State Budget and Management Access to Records OERI requires that the contractor and subcontractor agree to allow the Office of State Budget and Management internal auditors and state agency internal auditors access to records and employees pertaining to the performance of any contract awarded by a public agency. V6dor Co any Na : ,-Nantucket Cafe, Inc / prize cy Signature Title D e (Certification signature should be same as ARRA contract signature.)