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HomeMy WebLinkAbout2022-230-E-Agin-Rymackees Café & Caterer-LunchCONTRACT FOR CATERING SERVICES IN ORANGE COUNTY THIS AGREEMENT, entered into as of this 1st day of July 2022, by and between ORANGE COUNTY through the Department on Aging, (hereinafter referred to as "County" Rymackees Café and Caterer, LLC (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 102-375 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 technical 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 appropriate 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 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 used in preparing meals to determine the adequacy of cleaning, sanitation, and maintenance practices; d. Determine the adequacy of Caterer's storage and record-keeping practices so as to ensure the safekeeping of all food, and in connection therewith 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 under this Agreement will be wholesome, suitable for human consumption and will 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 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 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 feasible. 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 [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 such replacement of meal, or parts thereof, plus any expense incurred by the County 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. h. 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 $7.00 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 this Agreement. 5. County is currently reimbursed for each complete meal served. If the meals fail to meet minimum standards of quality, temperature or nutritional composition, the project is not reimbursed. If minimum 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 $7.00 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, permits 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 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 Federal antitrust laws and civil rights laws. Caterer will maintain 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 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 HHS) 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 directly 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 format 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 o f 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 400 mg. of calcium. The fat content should be no more than 30% of total calories and the meal may not exceed 1300 milligrams of sodium. Full meal requirements are contained in the North Carolina Division of Aging and Adult Service Standards Manual for Congregate Nutrition/Home Delivered Meals. (http://www.ncdhhs.gov/aging/svcstd/nutrition.pdf) DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 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 comply 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 I, Congregate Nutrition/Home Delivered Meals, pursuant to the Older Americans Act, as amended. 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 Dietary Allowances. The dietitian responsible for menu review must be consulted and give approval to the substitution at least one (1) 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. All permanent changes in menus must be documented and recorded at the time they are incurred and all 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 not a reportable unit of service for reimbursement or USDA entitlement. 11. Meals will not be served on the following days and the holiday schedule to be observed for the 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 $7.00 per congregate meal delivered which includes delivery charge. Billing by Caterer will be no sooner than the 10th of the month. County DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 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 omitted 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, 2022 through June 30, 2024 shall not exceed Two Hundred Forty-Five Thousand Dollars ($245,000.00) per fiscal year. The fiscal arrangements for this Agreement is based upon the following number of approximate congregate meals for the period from July 1, 2022 through June 30, 2024, hereunder with an option to renew for an additional one year extension from July 1, 2024 through June 30, 2025. This year contract shall be 140 meals per day x 250 days = 35,000 congregate meals per FY. 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 produced and grown in the United States of America in accordance with State and 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, 17, 18, or 27) until terminated by Caterer giving the County ninety (90) business days prior written notice of intention to terminate as of the date specified, or by County giving Caterer ninety (90) 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. 17. This Agreement shall remain in full force and effect until June 30, 2024 (or, if extended, until June 30, 2025), or until terminated as herein provided. 18. 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 fund termination or other unavailability of funds will be reimbursed as set forth in the terms of this Agreement. 19. 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 omissions of Caterer's agents or employees in carrying out the terms 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). DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 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. 21. Caterer agrees to furnish the County with a certificate of insurance in a form 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, but not be limited to losses covered by policies of f ire, 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 or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 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 setting 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. Caterer shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal non-discrimination laws, policies, rules, and regulations and the Orange County Non- Discrimination Policy and Orange County Living Wage Policy (each policy is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any violation of the Orange County Non-Discrimination Policy is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of a breach to discrimination. 26. Caterer shall not assign any interest in this Agreement, 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 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 $7.00 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: Keshia Criss Rymackees Café & Caterer, LLC 912 S. Cliffs Circle Spring Lake, NC 28390 b. A notice to the County may be sent to: Director Orange County Department on Aging P.O. Box 8181. DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 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 Keshia Criss 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 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. Severability. If any provision of this Agreement is held as a matter of law to be unenforceable, the remainder of this Agreement shall be valid and binding upon the Parties. 33. 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 102-375 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 full force and effect and no provision contained herein shall be construed to in any way modify the provisions of the TJAAA agreement. 34. 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 Block 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 Home and Community Care Block Grant Nutrition Programs - Congregate and Home Delivered Meals", and incorporated by reference as an integral part hereof. 35. 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. 36. Compliance with Laws. Caterer shall at all times remain in compliance with all applicable local, state, and federal laws, rules, and regulations including but not limited to all state and federal anti- discrimination laws, policies, rules, and regulations and the Orange County Anti-Discrimination Policy. Any violation of this requirement is a breach of this Agreement and County may immediately terminate this Agreement without further obligation on the part of the County. This paragraph is not intended to limit and does not limit the definition of breach to discrimination. By executing this Agreement Caterer affirms that Caterer and any subcontractors of Caterer are and shall remain in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. By executing this Agreement Caterer certifies that Caterer has not been identified, and has not utilized the services of any agent or subcontractor, on the list created by the State Treasurer pursuant to G.S. 147-86.58. DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 37. 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. 38. Signatures. This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the consent of the Parties to utilize electronic signatures and the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 39. 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 funds are unavailable and not 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be signed by their duly authorized representatives. BY COUNTY: ________________________________________________ Bonnie Hammersley, County Manager BY CATERER: ______________________________________ Keshia Criss, Managing Member, Rymackees Café & Caterer, LLC DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 ORANGE COUNTY---DEPARTMENT USE ONLY---HARD COPY ONLY ______________________________________________________________________________ Department Party/Vendor Name: Rymackees Café & Caterer, LLC Party/Vendor Contact Person: Keshia Criss Contact Phone: 910-747-5148 Party/Vendor Address: 912 S. Cliffs Circle City Spring Lake State: NC Zip: 28390 Department: Aging Amount: $245000 Purpose: Lunch Budget Code(s): 10430120-630000-71086 Vendor # (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one) New x Renewal Amendment Effective Date Approved by Board Yes No Agenda Date: This agreement is approved as to technical form and content: Department Director’s Signature ________________________________________ Date: ________ Information Technologies (Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to information technology content and specifications: Office of the Chief Information Officer___________________________________ Date: ________ Risk Management This agreement is approved for sufficiency of insurance standards, specifications, and requirements: Office of Risk Management_____________________________________________ Date: _________ Financial Services This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act: Office of the Chief Financial Officer ____________________________________ Date: _________ Legal Services This agreement is approved as to legal form and sufficiency: Office of the County Attorney __________________________________________Date: ________ Clerk to the Board Received for record retention: Office of the Clerk to the Board __________________________________________Date:_________ DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 6/16/2022 6/16/2022 6/19/2022 6/23/2022 ATTACHMENT I Orange County Congregate Meal Site Information A. MEAL SITE LOCATIONS Meals will be delivered to: Robert & Pearl Seymour Center Jerry Passmore Senior 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: ______10:30 – 10:45 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 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 UNIFORM GUIDANCE (2 C.F.R. PART 200, APPENDIX II, PROVISIONS ADDENDUM This Addendum is attached to and made part of the Agreement between Orange County (“County” or “Orange County”) and Rymackees Café & Catering, LLC (“Provider” or “Contractor”) dated __________. For contracts involving the expenditure of federal funds, the Provider is obligated to comply with the following federal laws, rules, and orders: A. Equal Employment Opportunity. For Agreements that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-1.3, during the performance of the Agreement the Provider agrees as follows: 1. The Provider will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Provider will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or 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. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Provider will, in all solicitations or advertisements for employees placed by or on behalf of Provider, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The Provider will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employe e or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Provider’s legal duty to furnish information. 4. The Provider will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understandi ng, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The Provider will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 6/16/2022 6. The Provider will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the Provider’s noncompliance with the nondiscrimination clauses of the Agreement and this Addendum or with any of the said rules, regulations, or orders, the Agreement may be cancelled, terminated, or suspended in whole or in part and the Provider may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 1126 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The Provider will include the portion of the sentence immediately preceding Paragraph (A)(1) and the provisions of Paragraphs (A)(1) – (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Provider will take such action with respect to any subcontractor or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event Provider becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Provider may request the United States enter into such litigation to protect the United States. Orange County further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that Orange County is a local government, therefore the above equal opportunity clause is not applicable to any agency, instrumentality, or subdivision of Orange County which does not participate in work on or under the contract. Orange County agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for ensuring compliance. Orange County further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Orange County that if it fails or refuses to comply with these undertakings, the administering agency may take any or DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 all of the following actions: Cancel, termination, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to Orange County under the program with respect to which the failure or refund occurred until satisfactory assurances of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. B. Davis-Bacon Act, as amended (40 U.S.C. 3141-3144 and 3146-3148). Except as otherwise noted herein, when required by Federal program legislation for prime construction contracts over $2,000, all transactions regarding this Agreement shall be done in compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144 and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Provider shall comply with 40 U.S.C. 3141-3144 and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable. In accordance with the statute, contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors are required to pay wages not less than once a week. The Provider shall pay its laborers and mechanics the higher of the wages specified in the referenced determination by the Secretary of Labor or the Living Wage as determined in the Orange County Living Wage Policy and the Orange County Operating Budget for the fiscal year in which the Agreement is entered. C. Copeland Anti-Kickback Act. For construction or repair work over $2,000 where the Davis- Bacon Act also applies, the Provider shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Addendum. The Provider or subcontractor shall insert in any subcontracts the preceding sentence and other such clauses as appropriate agency instructions require, and also a clause requiring the subcontractor to include these clauses in any lower-tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with these contract clauses. A breach of the requirements of this provision may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. D. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Should this Agreement involve federal funds in excess of $100,000 and the employment of mechanics or laborers, including watchmen and guards, Provider shall comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5), as follows: 1. Overtime requirements. No Provider or sub-Provider contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R.§5.5 the Provider and any sub-Provider responsible therefor shall be liable for the unpaid wages. In addition, such Provider and sub-Provider shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5. 3. Withholding for unpaid wages and liquidated damages. Orange County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Provider or sub-Provider under any such contract or any other Federal contract with the same prime Provider, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Provider, such sums as may be determined to be necessary to satisfy any liabilities of such Provider or sub-Provider for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. §5.5. 4. Subcontracts. The Provider or sub-Provider shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of 29 C.F.R. §5.5 and also a clause requiring the sub- Providers to include these clauses in any lower tier subcontracts. The prime Provider shall be responsible for compliance by any sub- Provider or lower tier sub-Provider with the clauses set forth in paragraphs (b)(1) through (4) of 29 C.F.R. §5.5. E. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended – Should this purchase involve federal funds in excess of $150,000 Provider shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387): 1. Clean Air Act. a. The Provider agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. b. The Provider agrees to report each violation to Orange County and understands and agrees that Orange County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. The Provider agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance. 2. Federal Water Pollution Act. a. The Provider agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. b. The Provider agrees to report each violation to Orange County and understands and agrees that Orange County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. The Provider agrees to includes these requirements in each subcontract exceeding $150,000 financed in whole or in part by federal funds. DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 F. Debarment and Suspension. For Agreements meeting the definition of a “covered transaction” for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, the Provider agrees as follows: 1. The Provider is required to verify that none of the Provider’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 2. The Provider must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. 3. This certification is a material representation of fact relied on by Orange County. If it is later determined that the Provider did not comply with 2 C.F.R. pt. 180, s ubpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies made available to Orange County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. G. Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352), as amended. Providers who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. H. Procurement of Recovered Materials (section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act). a. In the performance of this Agreement, Provider shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: i. Competitively within a timeframe providing for compliance with the Agreement performance schedule; ii. Meeting with the Agreement performance requirements; or iii. At a reasonable price b. Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site: https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 c. The Provider also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. I. Prohibition On Contracting For Covered Telecommunications Equipment Or Services a. Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services As used in this clause— b. Prohibitions. i. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. ii. Unless an exception in paragraph (c) of this clause applies, the Provider and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee federal funds to: 1. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 2. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 3. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or 4. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. c. Exceptions. i. This clause does not prohibit Providers from providing— DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 1. A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or 2. Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. ii. By necessary implication and regulation, the prohibitions also do not apply to: 1. Covered telecommunications equipment or services that: a. Are not used as a substantial or essential component of any system; and b. Are not used as critical technology of any system. 2. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. d. Reporting requirement. i. In the event the Provider identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during Agreement performance, or the Provider is notified of such by a subcontractor at any tier or by any other source, the Provider shall report the information in paragraph (d)(ii) of this clause to Orange County, unless elsewhere in this Addendum and Agreement are established procedures for reporting the information. ii. The Provider shall report the following information pursuant to paragraph (d)(i) of this clause: 1. Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. 2. Within 10 business days of submitting the information in paragraph (d)(ii)(1) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. e. Subcontracts. The Provider shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 J. Domestic Preference. In accordance with 2 CFR 200.322, as appropriate and to the extent consistent with law, the Provider should, to the greatest extent practicable under this Agreement, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this paragraph must be included in all subawards and in all contracts and purchase orders for work or products under this Agreement. K. Right to Inventions Made Under a Contract or Agreement (37 C.F.R. pt. 401). If this Agreement meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and regards the substitution of parties, assignment, or performance of experimental, developmental, or research work, the Federal Government and Orange County have rights in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the applicable federal agency. DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 21 Revised 12/2021 APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Provider, Rymackees Café & Catering, LLC, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Provider understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. _________________________________________ Signature of Provider’s Authorized Official Keshia Criss, Managing Member Printed Name and Title of Provider’s Authorized Official Date DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 6/16/2022 WLTR005 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 June 14, 2022 For Informational Purposes Only 912 S CLIFFS CIR STE 30 SPRING LAKE NC 28390-3479 Account Information: Policy Holder Details :Rymackees Cafe and Caterer Contact Us Need Help? Start a live chat online or call us at (866) 467-8730. We’re here weekdays from 8:00 AM to 8:00 PM ET. Enclosed please find a Certificate Of Insurance for the above referenced Policyholder.Please contact us if you have any questions or concerns. Sincerely, Your Hartford Service Team DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 06/14/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NUTMEG INS AGENCY INC/PHS 76210775 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (A/C, No, Ext): (888) 925-3137 FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED Rymackees Cafe and Caterer 912 S CLIFFS CIR STE 30 SPRING LAKE NC 28390-3479 INSURER A : Hartford Accident and Indemnity Company 22357 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/Y YYY)LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY (Per person) ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE EACH OCCURRENCE AGGREGATE DED RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A 76 WEG AS8XXH 07/05/2022 07/05/2023 X PER STATUTE OTH- ER Y/N E.L. EACH ACCIDENT $100,000 E.L. DISEASE -EA EMPLOYEE $100,000 E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. CERTIFICATE HOLDER CANCELLATION For Informational Purposes Only 912 S CLIFFS CIR STE 30 SPRING LAKE NC 28390-3479 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 Businessowners Policy Coverage Summary We want you to understand the Hiscox Businessowners Policy. This summary highlights some important coverages and exclusions. Please see your policy for a full explanation of all coverages and exclusions. If you have any questions about your coverage, please contact one of our advisors at (Mon-Fri, 7am-10pm ET) or at This policy does cover Bodily injury or property damage To the extent you are legally liable, we cover damages or claims expenses if you injure a third-party or damage someone else’s property (including damage due to a fire at a premise you rent, unless you work from home). Medical payments We will make medical payments as a result of bodily injury that occurs in the course of your business operations, regardless of fault. Defense costs If you’re sued, even if you’re not at fault, we will appoint an attorney to defend you, even if the lawsuit is groundless. We will pay these defense costs on your behalf. Business property We cover for loss or damage to your business property (e.g. computers, printers, and office furniture). Coverage in and away from the office Your business property is insured when physically in your office. We also provide coverage for business property you take away from the office, such as laptops (see policy for “off-premises” terms and limits). Building(s) We will cover loss or damage to your building(s) from a covered cause of loss up to your building limit(s) (see policy for terms and limits). Lost business income and extra expense We will pay the actual income your business loses and extra expenses you incur if you cannot operate your business as a result of a covered loss to your business equipment (see policy for terms and limits). Tailored coverage for your business Your policy includes other tailored coverages for your business, such as equipment breakdown coverage, expediting expenses, and business income for your website. See your policy for a full description of the package of coverages specific to your business. https://www.hiscox.com/manage-your-policy. 844-357-0840 DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6 This policy does not cover Intent to injure We won’t cover you for any act that occurs with the intent to injure. This includes personal and advertising injuries if you knew your actions were false or violated the rights of others. Outside the policy period We won’t cover claims for bodily injury, property damage, personal and advertising injury or loss or damage to your business property that do not occur during the policy period. Known claims and circumstances We won’t cover your business for any claim or circumstance that could result in a claim you knew about prior to the start of your first Hiscox policy. Earthquakes or Volcanoes We won’t cover you for losses caused by earthquakes or volcanoes. However, if a fire results from one of these events, we will cover the loss as a result of the fire. Errors or omissions We won’t cover any professional services performed by you. These types of risks may be covered as part of a Professional Liability or Errors & Omissions policy. Wear and Tear We won’t cover any claims arising out of wear and tear to business property. Workers’ compensation We won’t cover any obligation you may have under a workers’ compensation claim or similar law. Exposed property We won’t cover claims for damage from rain, snow, ice, or sleet to business property in the open. Common claims examples Bodily injury — A customer slips and falls while walking in your store and you are legally liable for the injury. We will cover the subsequent claim and related medical expenses up to your limits of liability. Stolen property — A break-in results in stolen business property as well as theft of a client’s property that was in your possession. We will cover the subsequent claim up to your limits. Building fire — The building you own is involved in a fire started by a neighboring business. We will pay the subsequent claim up to your coverage limits, including loss of business income during the period of time you are unable to continue your business activities. Coverage summaries, descriptions, and claims examples are provided for illustrative purposes only and are subject to the applicable policy limits, deductibles, exclusions, terms, and conditions. Not all insurance products and services are available in all states. Hiscox recommends you read the policy documents to learn the full details of coverage. Underwritten by Hiscox Insurance Company Inc., 104 South Michigan Avenue, Suite 600, Chicago, IL 60603, as administered by Hiscox Inc., a licensed insurance provider in all states and DC. DocuSign Envelope ID: 0FEF0829-8FBB-4466-A647-077035DACBF6