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Resolution 092-1985 Louis LaTorre, Director Social Services Department RESOLUTION NO. 092 -1985 A RESOLUTION OF THE BOARD OF COUNTY COMMISSION- ERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR AND CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE AN AGREEMENT BY AND BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AND KEYS HOSPITAL FOUNDATION, INC. D/B/ A MARINER'S HOSPITAL, FOR THE PURPOSE OF PROVIDING MEALS FOR SENIOR CITIZENS PARTICI- PATING IN THE OLDER AMERICANS ACT TITLE III-C NUTRITION PROGRAM IN PLANTATION KEY, FLORIDA. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the Mayor and Chairman of the Board of County Commissioners of Monroe County, Florida, is hereby authorized to execute an Agreement by and between the Board of County Commissioners of Monroe County, Florida, and Keys Hospital Foundation, Inc., d/b/a Mariner's Hospital, a copy of same being attached hereto, for the purpose of providing meals for senior citizens participating in the Older Americans Act Title III-C Nutrition Program in Plantation Key, Florida. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 12th day of April, A.D. 1985. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA --.- .'~ By \k)~.aJ -..... "- ~. ~ Mayor/Chairman (Seal) D ^ 'll.T1\TV L. KOLHAGE, Clerk Attest: ,lUU'l.L /'-'. / ) / 1,,/, '" ~,~L '{b~:rxd ,e er I .I J) / Ii/A., APPROVED AS 70 FOHM AND "l SUFF/C/;;;;;jJ , BY ~ Q/J.~/ 9 Attorney's (If'7;;,{-, :=. r ~ AGREEMENT THIS AGREEMENT, made and entered into this day of , 1985, effective the first day of January, 1985, by a~d between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a body corporate and politic existing under the laws of the State of Florida, hereinafter called the SPONSOR, and KEYS HOSPITAL FOUNDATION, INC., D/B/A MARINERS HOSPITAL, . . Plantation Key, Florida ,-11~~Florida Corporation not for profit, whose mailing address is 50 High Point Road, Tavernier, FL 33070, hereinafter called the HOSPITAL. WITNESSETH: WHEREAS, the SPONSOR desires to utilize the food preparation facilities of the HOSPITAL for the purpose of providing meals for senior citizens participating in the Older Americans Act Title III-C, Nutrition Program in Plantation Key, and the HOSPITAL is willing to provide for said services upon the terms and condi- tions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and obligations to be performed by the respective parties hereunder, the parties hereby agree as follows: I The HOSPITAL hereby agrees to furnish meals, in accordance with Attachments "A" and "B" of this Agreement and at the prices therein specified, to senior citizens participating in the Older 'Americans Act Title III-C, Nutrition Program, such meals to be served at the Plantation site, II The SPONSOR agrees to reimburse the HOSPITAL for meals served according to the aforesaid schedule, payment to be made to the HOSPITAL no more than thirty (30) days after receipt by the SPONSOR of the HOSPITAL'S claim. Claims for reimbursement shall be rendered as promptly as practicable after the 10th day in each month. III The meals to be provided by the HOSPITAL pursuant to this agreement are to be in accordance with Attachments "A" and "B" I. hereto. The HOSPITAL may, upon request of the SPONSOR, make substitutions for the items of the regular menus. IV Meals will be provided five days a week, Monday through Friday, year round, except as shown on Attachment "A" hereto. It is agreed that the individual service site for whom the SPONSOR is responsible will, by 2:00 P.M. the day prior to food service or i~ the case of Mondays or Fridays, notify the HOSPITAL'S Food Service Director of the number of meals needed for the next day. If the SPONSOR does not notify the HOSPITAL by 2:00 P.M. as aforesaid, the maximum number of meals shown on Attachment "A" hereto shall be prepared, delivered, and charged for by the HOSPITAL and paid for by the SPONSOR. It is agreed ftnd understood that the number of meals which the HOSPITAL is obligated to provide shall not exceed 2S%-above the maximum estimated number. If the SPONSOR desires to have the HOSPITAL provide additional meals, the HOSPITAL shall be notified accordingly in advance. In such event, the HOSPITAL, may, but shall not be obligated to, furnish such additional meals. V The SPONSOR hereby agrees to indemnify and hold harmless the HOSPITAL from and against any and all liability which may at any time be asserted or claimed by any person, natural or otherwise, arising out of or in connection with the performance by the HOSPITAL pursuant to this Agreement or in connection with the purposes thereof, and that liability insurance be provided to effectuate the purposes herein stated, except in case of food poisoni~g or contamination, at which time responsibility shall be determined. It is hereby understood that the HOSPITAL is and shall be an independent contractor and not an employee or agent of the SPONSOR. VI If additional services are requested by the SPONSOR, the parties shall mutually negotiate for the additional services, including cost of providing same to be paid to the HOSPITAL. I, VII The obligations of the HOSPITAL under this agreement are subject to the availability of funds lawfully appropriated annually for its purposes by Monroe County, Florida, and/or the availability of funds through contract or grant programs. VIII A reasonable effort will be made by the HOSPITAL to provide meals and the SPONSOR will be given thirty (30) days notice of termination, of this agreement if meals are not provided as specified herein and in Attachments A and B. IX This Agreement shall continue in effect from January 1, 1985 to, and including, the 31st day of December, 1985, ~t which time the SPONSOR and HOSPITAL shall have the option, upon mutual agreement, to renew this agreement for a period of one (1) additional year, upon the same terms and conditions, excepting only an increase in the per meal prices as specified in Attachment "A" to match any rise in the "cost of living" index as such information is provided by the Federal Government. X This Agreement may be terminated by either party by giving written notice to the other party of its intention to do so thirty (30) days prior to said termination. This agreement is not assignable to any person, firm or corporation and sub-con- tracts shall not be entered into without the written approval of the SPONSOR. /. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairman (SEAL) Attest: Clerk KEYS HOSPITAL FOUNDATION, INC., D/B/A MARINERS HOSPITAL, INC. By (SEAL) APPROVED AS TO FORM ANDLEGALSUFRC~NCY. BY~}'I~w-&9'~ Attorney's Office , I I• ATTACHMENT "A" (Annexed to and made a part of Agreement terminating December 31, 1985 , between the Board of County Commissioners of Monroe County, Florida, and Keys Hospital Foundation, Inc . , d/b/a Mariners Hospital. ) Relative to Mariners Hospital providing lunches for the aged at the Plantation Nutrition site , the following items are agreed to : 1 . Food will be prepared and loaded by Sponsor and Mariners Hospital (when sufficient dietary personnel are available) and transferred in bulk by the Sponsor to the serving site. . Food will be served using disposable ware provided by the Sponsor'. Transfer pans will be provided by the Hospital until the Sponsor provides the Hospital with their own transfer pans the latter date for which will be March 1 , 1985 . The pan shall be washed and sanitized by the Hospital. 2 . All food prepared by the Hospital will meet temperature standards as defined in Attachment "B" , section C. 3 (Minimum Service Standards . Food Preparation. ) 3. Food safety requirements as defined in Attachment "B" , section C . 4 (Minimum Service Standards . Food Safety. ) will be met by the Hospital . 4 . Food service facilities will provide proof of sanitation inspections performed within previous six months , and the Sponsor will periodically inspect the sanitary conditions of food preparation, packaging and storage areas . 5 . Meals will be provided daily, Monday through Friday, except for the following dates : a. New Year' s Day - Tuesday, January 1 , 1985 b. Martin Luther King' s Birthday '- Tuesday, January 15 , 1985 c . Washington' s Birthday Observance - Monday, February 18 , 1985 d. Good Friday - April 5 , 1985 e: Memorial Day - Monday, May 27 , 1985 f. Independence Day - Thursday, July 4 , 1985 g. Labor Day - Monday, September 2, 1985 h. Columbus Day - Monday, October 14 , 1985 i. Veteran' s Day - Monday, November 11 , 1985 j . Thanksgiving Day Observance - Thursday & Friday, • November 28 & 29 , 1985 k. Christmas Day - Wednesday, December 25 , 1985 6. Meals provided will be charged at a rate of $2 . 90 per meal. All condiments and beverages to be included in meal cost quoted. 7 . Menus will be planned by the Hospital ' s Food Service Director. Menus will be planned with consideration of special needs of elderly, ethnic and regional dietary preferences , food item variation, seasonal availability of foods and available equipment for food preparation. Each meal served must provide at least one-third of the Recommended Dietary Allowance. Menus will be approved by the State (HRS) Nutrition Consultant . The minimum menu pattern to be followed for senior citizens is specified in Attachment "B" , Section C. 1 . (Minimum Service Standards . Meal Planning) . 8 . Special meals for dietetic or medical purposes cannot be prepared due to the limited number of daily meals to be prepared by the Hospital. 9 . The minimum number of meals will be twenty (20) and the maximum will be fifty (50) daily unless both parties agree in writing to an increase or decrease : 11111/ 10 . If food does not meet proper specifications , the Sponsor will not be required to pay for such food. If food is believed to not meet specifications , the Sponsor will immediately contact the Hospital specifying the exact food discrepancies and will thereafter document same in writing , a copy of which will be forwarded to Administration of Hospital . 11 . Meals to be delivered to homes will be dished at the serving site by Sponsor personnel and delivered by the Sponsor . 12. The responsibility for the care and maintenance of the serving site is that of the Sponsor . 13 . .In accordance with applicable State and Federal regulations pertaining to food service contracts under the Older - Americans Act - Title III-C , the Hospital agrees that its records pertaining to services to be performed under this contract will be open to the Sponsor for audit purposes . 14 . The Sponsor has authorized the Nutrition Program to operate 250 days per year . Through mutual agreement by both Sponsor and Hospital , the operation of any site can be discontinued at any time and for any length of time . 15 . Sample meals will be provided by Contractor at the rate of four per month for quality and appeal check by Sponsor . 16 . Any other problems and/or complaints will be documented in detail and in writing with copies thereof forwarded to the appropriate parties for follow-up or corrective action.