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04/07/1980 Agreement AGREEMENT THIS AGREEMENT, made and entered into this 7th day of April , 1980, by and between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, a body corporate and politic existing under the laws of the State of Florida, here- inafter called the SPONSOR, and BURGER DELIGHT, INC. d/b/a DI GEORGIO'S RESTAURANT, PLANTATION KEY, FLORIDA, a Florida corporation not for profit hereinafter called the CONTRACTOR. WITNESSETH: WHEREAS, the SPONSOR desires to utilize the food prepara- tion facilities of the CONTRACTOR 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 CONTRACTOR willing to provide for said services upon the terms and conditions of this Agreement, NOW, THEREFORE, the parties hereby agree and undertake as follows: I The BOARD hereby agrees to furnish meals, in accordance with Attachment "A" 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 furnished at the Plantation Key Site. II The SPONSOR agrees to reimburse the CONTRACTOR for meals served according to the aforesaid schedule, payment to be made to the CONTRACTOR no more than thirty (30) days after receipt by the SPONSOR of the CONTRACTOR'S claim. Claims for reimbursement shall be rendered as promptly as practicable after the 10th day in each month. The SPONSOR agrees that it's obligation to reim- burse the CONTRACTOR as aforesaid shall be independent of any funding provided to the SPONSOR for the operation of the older Americans Act Title III C, Nutrition Program. Page 1 of 3 Pages III The meals to be provided by the CONTRACTOR pursuant to this AgreelJJllent are to be in accordance with Attachment "A" hereto. The CONTRACTOR may, upon request of the SPONSOR, make substitu- tions for the items on the regular menus. IV Meals will be provided on the days shown in Attachment "A". It is agreed that the individual service institution for whom the SPONSOR is responsible will by 9:00 A.M. notify the manager of BURGER DELIGHT, INC. d/b/a DI GEORGIO'S RESTAURANT the number of meals needed for that day, except, if the SPONSOR does not notify the CONTRACTOR by 9:00 A.M. as aforesaid, the maximum number of meals shown on Attachment "A" hereto shall be prepared, delivered, and charged for by the CONTRACTOR and paid for by the SPONSOR. It is agreed and understood that the number of meals which the CONTRACTOR is obligated to provide shall not exceed 25% above the maximum estimated number. If the SPONSOR desires to have the BOARD provide additional meals, the CONTRACTOR shall be notified accordingly in advance, in which event the CONTRACTOR may, but shall not be obligated to, furnish such additional meals. V The SPONSOR hereby agrees to indemnify and hold harmless the CONTRACTOR 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 CONTRACTOR 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 poisoning or contamination, at which time responsibility shall be determined. 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 CONTRACTOR. Page 2 of 3 Pages VIII This Agreement shall become effective on the 7th day of April, 1980, and shall continue in effect to and including the 30th day of September, 1980, at which time the CONTRACTOR obligations hereunder shall cease. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first above written. BOARD OF COUNTY COMMISSIONERS :: MONROYC~~ ~ airman (Seal) Attes:: ~ /) k v /r ' ( . /'. . <"4/ <%..' "'. -- i 1erk . BURGER DELIGHT, INC. d/b/a DI GEORGIO'S RESTAURANT By ~\\.'t,~~ Manager, Di Georgio's Restaurant Attest: ~~~ Secreta~y 0 t e CorporatIon IfPPROV!JIJ AS 10 FtNIM ANtJ LEGAL SUFFICIENCY. S'f .WAT_ "ttome '$ ulf;.:;e Page 3 of 3 Pages ATTACHMENT "A" Schedule of Meals and Prices Relative to BURGER DELIGHT, INC. d/b/a DI GEORGIO'S RESTAURANT providing lunches for the aged at the Plantation Key Nutrition Site the following items are agreed to: 1. Food will be prepared at BURGER DELIGHT, INC. d/b/a DI GEORGIO'S RESTAURANT and transferred In bulk by the SPONSOR to the serving site. Food will be served using dis- posable trays, napkins and cups provided by the SPONSOR. 2. Meals will be provided on the following days, on all non-school days as needed. 3. Meals provided will be charged at a rate of $2.50 per meal. 4. Meals must contain 1/3 the RDA as established by the Federal Government and must follow the pattern set below: Meat or Meat Alternate 3 oz. Vegetable or Fruit 4 oz. Vegetable of Fruit 4 oz. Bread or Bread Alternate 1 .oz. Butter or Margarine 1 oz. Dessert 4 oz. Milk 8 oz. 5. Menu planning will be the responsibility of BURGER DELIGHT, INC. d/b/a DI GEORGIO'S RESTAURANT. 6. The maximum number of meals will be thirty-five (35) unless both parties agree to an increase.