Catering Contract Template Page 6

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D. The Caterer agrees that all records (including but not limited to those records listed in Item A
above) pertaining to the Caterer’s preparation, delivery and service of meals and snacks for the
SFA’s Child Nutrition Program will be made available to the SFA upon request and agrees to retain
all records for inspection and audit by representatives of the School, the NC Department of Public
Instruction/State Board of Education, U.S. Department of Agriculture, and U.S. General Accounting
Office, at any reasonable time and place for a period of three (3) years after the final payment for the
contract, except that in circumstances where audit findings have not been resolved the records must
be retained beyond the 3-year period until resolution of the audit.
E. The Caterer agrees to provide a copy of a current license to do business in North Carolina.
F. The Caterer also agrees to undergo at least four food safety inspections each year; the caterer
will provide the food safety inspection report to the SFA and to the NCDPI upon request.
IX. ADDITIONAL CATERER RESPONSIBILITIES
The Caterer agrees to the following, as required by USDA regulations for operating the Federally-
funded Child Nutrition Programs. The Caterer will:
A. Provide on-site access to all records and food storage, preparation and service areas of the
Caterer’s operations facility to the SFA and the State Agency (NC Department of Public Instruction)
upon request and as deemed necessary and appropriate at any time during the contract period to
monitor safe food-handling procedures, food production, food quality and other parameters incumbent
in purchasing, storing, preparing, transporting and serving meals in conjunction with the SFA’s Child
Nutrition Program
B. Not offer A la Carte food service unless free, reduced price and full price reimbursable meals are
offered to all eligible children.
C. Buy American domestic commodities and products for school meals to the maximum extent
practicable. Domestic products are those that are produced in the United States and those that are
processed in the United States substantially (51 percent or more) using agricultural commodities
produced in the United States. All food and beverages for use in the SFA’s Child Nutrition Program
must be purchased from approved sources. All non-domestic foods used in the preparation and
service of meals to students shall be approved, in writing, by the Child Nutrition Manager of the SFA.
D. Comply with the following as applicable, incorporated into the contract by reference:
I. For contracts in excess of $2,500: Sections 103 and 107 of the Contract Work Hours and
Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations
(29 CFR Part 5);
II. For contracts in excess of $10,000: Executive Order 11246, entitled "Equal Employment
Opportunity," as amended by Executive Order 11375, and as supplemented in Department of
Labor regulations (41 CFR Part 60);
III. For contracts in excess of $100,000: All applicable standards, orders, and requirements issued
under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act
(33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40
CFR Part 15) which prohibit the use of facilities included on the EPA List of Violating Facilities.
Contractor shall report all violations to the grantor agency and to the USEPA Administrator for
Enforcement (EN-329).
IV. The contractor acknowledges that N.C. General Statute 14-208.18 prohibits anyone required
to register as a sex offender under Article 27A of Chapter 14 of the General Statutes from

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