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0 0 <br />BOOK 20 PAGE 969 <br />OPERATING AGREEMENT - FOOD SERVICE <br />This OPERATING AGREEMENT (the "Agreement") is made as of this day of <br />2005, among the County of Lee, North Carolina with offices at 1408 South Homer Blvd., <br />Sanford, North Carolina 27330 ("COUNTY"), The Enrichment Center of Lee County, located at 1615 <br />S. Third Street, Sanford, North Carolina 27330 ("CENTER") and ARAMARK Correctional Services, <br />Inc., a Delaware corporation, having a place of business at 1801 South Meyers Road, Suite 300, <br />Oakbrook Tcrrace, Illinois 60181 ("ARAMARK"). <br />WITNESSETH: <br />1. GRELNT: The COUNTY hereby grants to ARAMARK the exclusive right to provide food <br />service (excluding vending machine operation) for its inmates, staff and visitors, and for the participants <br />at the CENTER at the Lee County Jail (the "FACILITY"). ARAMARK hereby agrees to furnish <br />nutritious, wholesome, and palatable food to such inmates, staff, visitors, and participants in accordance <br />with this Agreement. The food service shall meet all current standards as established by: <br />A. The American Correctional Association. <br />B. The Food and Nutritional Board of the National Academy Science as prescribed for the <br />elderly. <br />C. The State of North Carolina. <br />2. OPERATIONAL RESPONSIBILITIES: <br />A. FACILITIES AND EQUIPMENT: The COUNTY shall at its expense provide <br />ARAMARK with adequate preparation kitchen facilities at the FACILITY completely equipped and <br />ready to operate, together with such heat, refrigeration and utilities services as may be reasonably <br />required for n e efficient performance of the Agreement. <br />The COUNTY shall famish building maintenance services for the FACILITIES and shall <br />provide prev;mative maintenance and equipment repairs and replacements for the COUNTY owned <br />equipment. The COUNTY shall furnish and maintain an adequate inventory of service ware, thermal <br />trays and associated delivery equipment, pots, pans, beverage containers and utensils at the FACILITIES. <br />B. EMERGENCY PLAN: ARAMARK shall, within sixty days after the start up of <br />service, submit a contingency emergency plan to provide for meal service in the event of a Force Majeure <br />(hereinafter (lefined). In the event of a Force Majeure, the COUNTY shall assist ARAMARK by <br />permitting reasonable variations in ARAMARK's menu cycle and service methods. However, <br />ARAMARK shall not be relieved of its responsibility to provide meal service under the terms of this <br />Agreement. Additional costs, if any, incurred in providing service in the event of a Force Majeure shall <br />be home by the COUNTY. The term "Force Majeure" means any war, riot or other disorder, strike or <br />Page 1 of 10 <br />