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Resolution 188-1986 Shirley Willer, Director Bay Shore Manor RESOLUTION NO. 188-1986 A RESOLUTION AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN MONROE COUNTY, FLORIDA, AND FOOD SERVICE MANAGEMENT, TO PROVIDE FOOD SERVICE FOR BAY SHORE MANOR. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: That the Mayor and Chairman of the Board of County Commis- sioners of Monroe County, Florida, is hereby authorized to execute an Agreement by and between Monroe County, Florida, and Food Service Management, a copy of same being attached hereto, to provide food service for Bay Shore Manor. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 20th day of June, A.D. 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA . A ~ \1.::>..~~., "'IV' . - . -~ BY: - MAYOR/CHAIRMAN (SEAL) Attest: DANNY L. KOLHAGE, Clerk 8 .. AGREEMENT THIS AGREEMENT made and entered into on the 20th day of June , 1986, by and between MONROE COUNTY, FLORIDA, hereinafter referred to as "County", and FOOD SERVICE MANAGE- MENT, 812 Southard Street, Key West, Florida, hereinafter referred to as "Contractor". A. 1. PURPOSE: To obtain a contract for the food service requirements of the County under the terms, conditions and specifications contained in this document. 2. TERM OF THE CON1RACT: The Contract for food service will be for an initial term of ONE (1) YEAR, beginning May 1, 1986. However, the County reserves the right to extend the Contract for additional one year terms providing both parties to the Contract agree to the extension(s), and the terms, conditions and specifications remain the same with the exception stated below, and any extension is approved by the County. Exception: The cost of meals as bid and charged to the County may be renegotiated on an annual basis and effective on the anniversary date due to the changing cost of goods and materials - costs are to be negotiated either down or up depending on the economic conditions. 3. HOLD HARMLESS/INDEMNIFICATION: The bidder, herein referred to as the "Contractor", agrees to protect, defend, indemnify and hold harmless the County and its employees or agents from and against any and all losses, penalties, damages, settlements, costs, charges or other expenses or liabilities of every kind in connection with or arising directly or indirectly out of the work agreed to or performed by the Contractor. Without limiting the foregoing, any and all such claims, suits, or other legal action relating to personal injury, death, damage to property, defects in materials or workmanship, actual or alleged infringement of any patent, tradem~~~, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ordinance, administrative order, rule or regulation or decree of any court, shall be included in the indemnity hereunder. The Contractor further agrees to investigate, handle, respond to, provide defense for and defend any such claims at his sole expense and agrees to bear all other costs and expenses related thereto, even if the c1aim(s) is groundless, false or fraudulent. In order to afford further protection to the County against any suit, suits, action or actions, damages or claims, the County may, at is discretion, withhold any monies due the Contractor until such suit or actions have been properly adjudicated or settled and suitable evidence of such adjudication or settlement is furnished to the County. Contractor will be responsible for providing $500,000.00 of single limit of insurance which will include Worker's Compensation, bodily injury and property damage. Contractor further agrees to furnish a Certificate of Insurance to the County which will name the County as an additional named insured. It is expressly understood that the Contractor shall not be responsible for damages caused by persons receiving the services hereunder. 4. ASSIGNMENT OF CONTRACT: Neither this contract, nor any portion thereof, unless otherwise authorized in this document, shall be assigned without formal approval of the County. No such approval will be construed as making the County a part of or to such assignment, or subjecting the County to liability of any kind to any assignee even if subcontracting is authorized within this document or by the County. No subcontract shall, under any circumstances, relieve the Contractor of his liability and obligation under this contract, and despite any such assignment the County shall deal through the Contractor. - 5. SUPERVISION OF CONTRACT PERFORMANCE: P~rformance under this Contract shall be supervised by the County or its designee. If at any time during the Contract period performance is unsatisfactory, the Contractor, upon notification by the County or its designee, shall increase the work force or take other action as needed to perform properly the requirements of the Contract without any additional cost to the County. Also, the 2 County reserves the right to terminate the Contract for reasons of violations of the Contract or unsatisfactory performance/ service by giving thirty (30) days written notice. 6. NON-DISCRIMINATION: The Contractor agrees and warrants, in the performance of the Contract, not to discriminate against any person or group of persons on the grounds of race, color, religion, national origin, sex or physical disabilities, unless it is shown by such Contractor that such disability prevents safe and timely performance of the work required herein. B. SPECIFICATIONS: INFORMATION, RESPONSIBILITY AND GENERAL REQUIREMENTS 1. FOOD Contractor will provide food in bulk to BAY SHORE MANOR ("Home") at 3200 West Jr. College Road, Stock Island, Florida, 365 days per contract year. Three meals per day shall be served to residents of BAY SHORE MANOR and to the staff. There shall be appropriate meals for Sundays and holidays. The Director of the Home will provide a monthly census for meals to be served. Each meal must contain a minimum of one-third of the daily reconnnended dietary allowance for adults 51 years of age and over as established by the Food and Nutrition Board of the National Academy of Science - National Research Council. The types of food provided daily are: entree, vegetable, fruit, mill, dessert, juice, salad, beverage, condiments, butter or margarine. (See attached for further details.) Special diets must be provided as ordered by the resident's physician. 2. DELIVERY Contractor will deliver the food in bulk to the Home for each meal. Breakfast shall be served between 7:00 A.M. and 8:00 A.M.; lunch shall be served between 11:30 A.M. and 12:30 P.M.; and dinner shall be served between 5:00 P.M. and 6:00 P.M. Containers used to transport foods must be designed to assure that the following speci- fications are met at the time of de1iv~ry: a. Hot food shall be above 1600 Fahrenheit. b. Cold food shall be below 400 Fahrenheit. c. Frozen food shall be 00 Fahrenheit. d. ture. Neutral food shall be room tempera- 3 Food containers will be rinsed only with water by Home staff. Washing and steriliza- tion will be the responsibility of the Contractor. Individual service to the seniors will be the responsibility of the Home staff. 3. MENUS Contractor will write menus that are in compliance with the daily recommended allowance established by the Food and Nutrition Board of the National Academy of Science. (See attachment for further de- tails). Menus will be submitted to the Home Director at least six weeks in advance of service. The menus will be approved by the Director and a certified nutritionist. Prior approval will be obtained from the Director to make substitutions within an approved menu. 4. SANITATION Contractor will comply with federal, state and local sanitation regulations. Proof of sanitation inspection within the previous six months will be requested. The Director will inspect food preparation, packaging and storage areas. 5. MISCELLANEOUS SUPPLIES Miscellaneous supplies such as individual serving trays, napkins, paper towels, and silverware, will be provided by Bay Shore Manor. C. ADMINISTRATION The County is tax exempt. Contractor will make available financial records for audit purposes; and supply the County with information for reporting labor costs, raw food costs, food cost changes, insurance coverage and bonding. Training of Home staff in food handling procedures is the respon- sibility of the Home Director. D. MISCELLANEOUS REQUIREMENTS The Contractor will be responsible for furnjshing and/or performing the following: (1) Pay all applicable taxes and licenses. (2) Provide expertise, management, staff, purchasing power for food and other required supplies, and preparation skills for the consistent and orderly, timely service of meals. (3) Inform the County of any failures, or loss of materials or any other condition that will affect the preparation, storage and service of meals. (4) All food service MUST meet the health requirements of the Department of Health and Rehabilitative Service Standards, 4 the current Recommended Dietary Allowance established by the Food and Nutrition Board, National Research Council, adjusted for age, sex and activity, and comply with all applicable provisions of F.A.C. 33-8. (5) Supervise the proper handling and loading of meals on carts to be transported to the site. (6) Possess all required licenses and permits. (7) All personnel shall dress appropriately to provide food service under good sanitary conditions, pursuant to FAC 33-8 and Department of Health and Rehabilitative Services Standards. (8) Contractor will at all times maintain an adequate staff to provide competent exp~rienced management on a full-time basis and must provide for vacation, sickness, resignations, and/or discharges of personnel. E. 1. AUDITING PROCEDURES: The County's authorized representatives shall have access, at all reasonable times, to all Contractor's books, records, correspondence, instructions, receipts and vouchers pertaining solely to work under this Contract for the purpose of auditing and verifying costs of work. The County shall have the right to reproduce any of the aforesaid documents pertaining to this Contract. 2. INVOICING AND PAYMENT: The Contractor shall submit invoices in triplicate on a monthly basis. All such invoices should be paid within thirty (30) days of receipt by the County unless any item is in question in which case payment will be postponed pending adjudication. The Contractor shall credit the County for the .fu11 federal allotment for U.S.D.A. commodities. 3. WORKING CONDITIONS: a. Compliance with State, Federal and Municipal Law. The Contractor shall comply with all applicable City, State and Federal Laws relating to wages, hours and all other applicable laws relating to the employment or - protection of employees, now or hereafter in effect. b. Fair Labor Standards Act. The Contractor is required and hereby agrees by execution of this contract to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the U.S. in Fair Labor Standards Act as amended and charged from time to time. 5 c. No person convicted of a felony within two (2) years prior to employment shall be employed by the Contractor. d. The Contractor agrees to supply the County's meals for patients at a cost of $2.25 per meal per person. 4. ENTIRE AGREEMENT: This instrument contains the entire agreeme~t of all parties and may not be changed orally, but only by an agreement in writing signed by the parties hereto. . . IN WITNESS WHEREOF, the parties hereto have executed this Agreement in Key West, Florida, as of the date first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By MAYOR/CHAIRMAN (SEAL) Attest: CLERK FOOD SERVICE MANAGEMENT ~L ~L ~.~.L~~L ~Jv,- ~ Witnesses APP OVED AS TO FORM A LEGAL SUFFICIENf) l.l BY... . (p r~1 Attorney's Office . , 6 C.MINIMUM SERVICE STANDARDS. 1. MEAL PLANNING. ... (7) Planned with consideration for the following: . . a. Special needs of the elder- ly, such as the restricted. u'se of sugar. salt and saturated fats. b. Religious. ethnic. cultural and regional dietary practices or pre fer en c.e s 0 f the par tic i pan t s, i f reasonable and feasible. . . c. Food items within the meat, vegetable, fruit, and dessert groups shall be varied within the week and not repeated' on the same days of con- secutive weeks. . . d. Variety of food and prepara- . tion methods including color, combina- tions. texture, s)ze, shape, taste and ap- 'pearance. foods. e. Seasonal availability of f. Availabl~ equipment for food preparation: '. (d) Each meal served must provide at least one-third of the Recommended Dietary Allowances. Therefore, the following meal pattern requirements are established: : (1) MEATOR MEAT ALTERNATE GROUP. Three ounces of .cooked, edible 'portion of. meat, fish, fowl, eggs or 'cheese.' An equivalent amount ~f ~eat altern'ates, individually or in cornblna~lon, may be used occasionally for van~ty. Meat alternates include cooked dned beans, peas, lentils, nuts or nut butter. AlternOltes for the protein in one ounce of cooked lean meat include: a. One-fourth Clip cottage cheese. b. One ounce cheddar cheese. c. One egg. d. One.half cup cooked dried beans. peas or lentils. (Garbanzos, lima beans. blaCk'eY~d peas,' pinto.be:ans; red beans. etc.) .:' ~~\~.~... ~." M . :'''';;'~''' J_ ~ _ l'-.>r-f\.' , " .~r~.) I' " J" ," . I . ..~ ..., -~ "'fo,l-" butter. o Two tablespoons peanut (2) VEGETABLE AND FRUIT GROUP. Two different one half cup serv- klgs (four Ounces drOlined weigh t): a. One.half cup serving of a vitamin A rich food shall be served a minimum of three times per week. A vitamin A rich food is defined as.a single . food serving that provides a minimum of one-third of the RDA for that nutrient, or a . combination of no more than two one-half cup servings at the same meal which together provide at least one-third of the RDA for that nutrient. b. One.half cup serving of a vitamin C rich food must be served daily. A vitamin C rich food is defined as a single food serving that provides a minimum of one-third of the RDA for that nutrient, or a combination of no more than two one-half cup servings at the same. meal which together provide at least one-third of the RDA for that nutrient. Vitamin C rich foods include raw . or cooked citrus fruits or juices, tomatoes, melons, berries, dark green leafy vegetables, etc. Fortified full strength juices are defined as "fruit juices that are 100 percent natural juice with vitamin C added." Partial strength or simulated fruit juices or drinks, even when fortified, may not count as vitamin C sources. c. It is noted that: 1. Rice, spaghetti, macaroni and noodles are not vegetables but "bread alternates". Potatoes, sweet potatoes and yams are considered 'vegetables. 2. Vegetable soup may be used to fulfill one portion of the vegetable . and fruit requirement. if. the soup contains at least one.half cup of vegetables per serving of soup. 3. Dried peas, beans, or lentils may be used to fulfill the fruit and vegetable requirement. However; if used to fulfill this requirement they cannot simultOlneously fulfill the protein requirement. 4. Congealed salad may be used to fulfill one portion of the vegetable and fruit requirement jf the salad \\ l \ ~.... \ ,,:::.: g",'~:!_";Il~~~t..:~~i!\~~==:::~;:;:i::~__.:,._; ; ".:., ';~i~''';;'':-~':i'~'':'' -....n_.-. .'....J........ .".. .-....,,:~....f\,...'!t. c.~t".~~.,.;:t"..'}..,;...c'\uk;;..,.....\.,,~..... "\.;."" .,~ ,'~~ '+ ~.~. "#-,.. ,. ~:. .'~. ~':;:S:f~:Z-:2'~;';,:-:~.:""c;.;~:'< --:.. ,<"::,~~,,, , "'; .. ,.... .-. __""';..._ ,.., .'. .~ . . -..-, -~ contains at lee - one.twlf cup of v8g('.f'I,'~S or fruit per serving of ttle saICl.... 5. Fruit used as a desse-"-t may not be counted toward the required two servings of vegetables and fruits. (3) BREAD OR BREAD ALTER- NATE GROUP. a. Orie serving whole grain or' enriched bread, biscuits, muffins,' rolls, sandwich buns, cornbread or other hot breads. b. Bread alternates may in- cl ude enriched or whole grain .cereals or cereal products such as spaghetti, " macaroni, dumplings, pancakes, waffles and'tortillas. c. When available and ap- propriate (e.g., ethnic preferences) yams, plantains, and sweet potatoes may be substituted for the bread requirement. However, when used to Julfill the bread requirement, they cannot be simultaneously used to . fulfill the vegetable and fruit requirement. d. Whenever Possible, enrich- ed' or whole grain flour or meal should be used. in place of unenriched flour or meal. (4) BUTTER OR FORTIFIED MARGARINE. One teaspoon. . (5) DESSERT GROUP. One half cup serving. All' fruits and simple desserts such as puddings, gelatin desserts, ice cream, ice milk and sherbet ma1' be used. Cake, pie, coo/{ies and similar foods are' also included but should be limited in use. (6) MILK GROUP. . . a. . Eight ounces of fortified whole, skim, low fat milk and buttermilk or the ca.lcium equivalent. . b. All milk and fluid milk pro- ducts for drinking purposes shall be pur- chased and served in the individual Con- tainer in which they were packag'ed at the milk plant, or shall be served from an ap- p.roved bulk milk dispenser of sanitary design, construction, and operation. c. If a cultural or ethnic preference precludes the acceptance of ,milk with the meal, the fOllowing may be SUbstituted for eight ounces of milk. . . - ' r_ '~,- -... " j~. ....... ",~ r' , I ~_ L,; ..~. 2. l e and one-half ounces Americar ~h -9se.. 3. One al,... ...,lIa.hal f cups ice milk or ice cream. 4. One and one-half cups custard. 5. One cup yogurt. .- (er-- Coffee, tea, dec a ffei n a ted beverages, soft drinks, and fruit flavored . drinks may be used, but not as a substitute for milk. (f) Vitamins or mineral sup- plements may not be provided with Title "'-C funds. 2. FOOD PROCUREMENT. (a) All fOOd procurement must be transacted in accord with POlicies and procedures set forth in HRSM 55-1 and "Federal FOOd Services Contract Provi. sions" herein. " .' (b) All foods procured shall be of good quality and shall be obtained from Sources which conform to Federal, State and local regulatory standards for quali- ty, sanitation, and safety. Food from. u01abeled rusty, leaking, broken Con- tainers or cans with side seam dents, rim dents or swells shall not be used. . 3. FOOD PREPARATION. " (b) State. and local fire, health, . s~nltat/on and safety regulations ap- plIcable ,to the partiCUlar type of fOOd preparation and meals delivery system .used by the provider must be adhered to 10 all stages of fOOd service Operations. . (c) All staff working in the prepara- tl,on of fOOd must be under the sUpervi. s/?n ~f a person who will insure the ap- P/lca~/on ,of hygienic techniques and . practlce~ In fOOd handling, preparation and servIce. This supervisory person shall cons41t with' the provider's nu'trition con- sultant. . (d) ~ested quantity recipes. ad. Justed to YIeld the number of servings n,eeded, must be Used to achieve the con- sistent and desJrable quality and quantity of meals. (e) All fOOds must be prepared and served In a manner to preserve oPtimum f1av?r and appearance, while retaining nutrients and fOOd Value. '. (f) Hot fOOd must be served at a mInImUm of 140QF. Neutral fOOds should be served at ? neutral temperature. Cold ~~~~. must be served at a maximum of . ..~; ~. ~, -:,"" ,..:.",..; , .. .... .... .~.jii . .~.'?-, tr.,. I C;' . .' ... ,_",L,?::S,I,!.~;._.t",'~'~~~;~~;~~;7.~~;::'~:~~~~~~~'~:~;"Y~~'~ ~ "+J.."" "-~\' j:;X~.:' ....).~~c\,;..~.J.i..:; ....~'I\.'+...;...~....;,(.~.. '1vA,);J4;.,:'-t:.-..\. '7)..~.'/'~,'" ....;.~~ P,-~......-. ,;."'- . .:.~_,,~..... to'-~, '7~:' . '_...!_ ~.' ";..' .. _ 0: .' .... ..' "_ ',,~~"""~;':~"':,~~~j/~c~ '.}l:.-.;....;;,,;;,.~~:..~.-:;:." .\,..i<-.-n.:~...-: .:....:,....-:..::~, .,_,.,.. . ,.; ~ ~ '. _". _ _~.... .~, _q. '. ';' l\' I. t. i ~ 11..lL j l' (Pngc Three) , . -... .-- ....'" . . 4. FOOD SAFETY. (a) All foods used ih' a nutrition ser- vice must meet standards of quality, '. sanitation and safety applying to foods th,at are processed commercially and pur- chased by the Provider. (b) No food prepared, frozen or . canned in the home may be used in meals provided by a service financed through Ti- _ . tie III-C. . . ~,:.- ~ . - :.: 'lc) Only' ~commercially processed. -. frozen or canned food, or approved by the ~,~DA ~nd the FDA, may be used. ". -:::' _.. \"'. .,", '.~., ", '.' "':" ~ .t' ,'-. .... 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