06/01/1983f
AGREEMENT
THIS AGREEMENT, made and entered into this lst day of June ,
1983,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,
hereinafter called the SPONSOR, and FISHERMEN'S HOSPITAL, INC., Marathon,
Florida, a Florida corporation not for profit herinafter 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 parti-
cipating in the Older Americans Act Title III-C, Nutrition Program in Marathon
and the HOSPITAL is 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 HOSPITAL hereby agrees to furnish meals, in accordance with Attach-
ments "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 furnished at the Marathon 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 loth
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" hereto. The HOSPITAL may,
upon request of the SPONSOR, make substitutions 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 2:00 p.m. the day prior to food service or in the case of Mondays on
Fridays notify the HOSPITAL'S Food Service Director of the number of meals
I
needed for the next day, except, 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 and charged for by the HOSPITAL and paid for by the
SPONSOR. It is agreed and understood that the number of meals which the
HOSPITAL is obligated to provide shall not exceed 25% 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 which event the HOSPITAL may, but shall not be obligated to, furnish such
additional meals.
U
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 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 HOSPITAL.
VII
The obligations of the SPONSOR under this Agreement are subject to the
availability of funds lawfully appropriated annually for its purpose by Monroe
County, Florida, and on 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 if meals are not provided.
IX
This Agreement shall continue in effect to an including the 31st day
of August, 1983, at which time the HOSPITAL'S obligations hereunder shall cease.
- 3 -
This Agreement may be terminated by either party by giving written
notice to the other party of its intention so to do thirty (30) days prior
to said termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the date first above written.
BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA
9
By !
Mayo /Chairman
(Seal)
Attest: &� ��►►tt
MPH W. R�b�aT ��.� i�
Nr
M
6 6 Clerk
FISHERMEN'S HOSPITAL, INC.
B;��k C%✓�-
spital Administrator
(Seal)
Attest:
Secretary of Corporation
ATTACHMENT "A"
(Annexed to and made a part of Agreement terminating August 31, 1983, between
the Board of County Commissioners of Monroe County, Florida, and Fishermen's
Hospital, Inc.)
Relative to Fishermen's Hospital, Inc., providing lunches for the aged at
the Marathon Nutrition Site the following items are agreed to:
1. Food will be prepared at Fishermen's Hospital 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 Sponsor and sterilized 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 CA
(Minimum Service Standards. Food Safety.) will be met by the Hospital.
4. Food service facilities will provide proof of sanitation inspection 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, during the period
June 13 through August 26, 1983, except on Monday, July 4, 1983.
6. Meals provided will be charged at a rate of $3.25 per meal.
7. Menus will be planned by the Hospital's dietician. 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 sitizens 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 eighteen (18) and the maximum will
be twenty-five (25) daily unless both parties agree to an increase or decrease.
10. If food does not meet proper specifications, the Sponsor will not be
required to pay.
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. Fishermen's Hospital financial records will be open to the Sponsor for
audit purposes; and information concerning labor and raw food costs, insurance
coverage, bonding, food cost changes will be available to the Sponsor for
reporting 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 the site can be discontinued at any time and for any length of time.
March 31, 1981
ATTACHMENT "B"
(Page One of Seven)
H RSM 140-1
Appendix B
CONGREGATE MEALS
A. DEFINITION OF SERVICE. A con-
gregate meal is a hot or other appropriate
nutritionally balanced meal that meets
one-third of the current daily Recom-
mended Dietary Allowances (RDA) served
in a strategically located center to older
persons.
B. GOAL OF SERVICE. To provide eligible
persons, particularly those in greatest
social and economic need, with low cost,
nutritionally sound meals served in
strategically located centers such as
schools, churches, community centers,
senior centers, and other public or private
facilities where they can obtain other
social and rehabilitative services.
Besides promoting better health among
the older segment of the population
through improved• nutrition, such a pro-
gram is aimed at reducing the isolation of
old age and offering older persons the op-
portunity to live their remaining years in
dignity.
C.MINIMUM SERVICE STANDARDS.
1. MEAL PLANNING.
(a) Meal service should be planned
so that food is available for at least one-
half hour after serving time begins to
enable individuals who may not arrive at a
specific time to participate in the meal.
(b) The special needs of the elderly
must be considered in all menu planning,
food selection, and meal preparation.
(c) Menus must be:
(1) Planned in advance for a
minimum of four weeks in a format pro-
vided by the Program Office.
(2) Certified in writing as pro-
viding a minimum of one-third of the cur-
rent Recommended Dietary Allowances
(RDA) established by the Food and Nutri-
tion Board of the National Academy of
Sciences - National Research Council by
the dietitian or nutritionist whose ser-
vices are utilized by the project.
(3) Submitted for review and ap-
proval by the AAA Nutrition Consultant at
least four weeks prior to use for nutri-
tional adequacy and inclusion of USDA
donated food, if applicable. Menus must
be transmitted to the AAA to arrive on the
first of the month four weeks prior to their
anticipated use.- An approved cycle menu
may not be repeated for more than six
months.
a. Revisions may be required
by the AAA's Nutrition Consultant based
upon the review. Appropriate comments
will be returned to service providers.
Copies of corrected menus must be
resubmitted to the AAA within one week
of receipt of comments.
(4) Dated and posted in a con-
spicuous location in each congregate
meal site as well as the preparation area.
(5) Filed, as served, for a period
of one year both by service provider and
the AAA for purposes of audit.
(6) Adhered to, subject to
seasonal availability of food items, as
well as availability of USDA donated
foods, if applicable. Substitutions for the
approved menu must be minimal and ap-
proved prior to use by the Provider. A list
that includes the date of substitution, the
original menu item, and the substitution
made must be submitted to the AAA at
the end of each month.
(7) Planned with consideration
for the following:
a. Special needs of the elder.
ly, such as the restricted use of sugar,
salt and saturated fats.
b. Religious, ethnic, cultural
and regional dietary practices or
Appendix B for HRS11 140-1
HRSM 140-1
t
(Page Two of Seven)
March 31, 1981
preferences of the participants, if
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, size, shape, taste and ap-
pearance.
foods. e. Seasonal availability of
f. Available 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) MEAT OR MEAT ALTERNATE
GROUP. Three ounces of cooked, edible
portion of meat, fish, fowl, eggs or
cheese. An equivalent amount of meat
alternates, individually or in combination,
may be used occasionally for variety.
Meat alternates include cooked dried
beans, peas, lentils, nuts or nut butter.
Alternates for the protein in one ounce of
cooked lean meat include:
a. One-fourth cup cottage
cheese.
b. One ounce cheddar cheese.
c. One egg.
d. One-half cup cooked dried
beans, peas or lentils. (Garbanzos, lima
beans, black-eyed peas, pinto beans; red
beans, etc.)
butter. e. Two tablespoons peanut
(2) VEGETABLE AND FRUIT
GROUP. Two different one half cup serv-
ings (four ounces drained weight):
a. One-half cup serving of a
vitamin A rich food shall be served a
a-z
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 simultaneously fulfill the
protein requirement.
4. Congealed salad may be used to
fulfill one portion of the vegetable
and fruit requirement if the salad
C
ATTACHMENT "B"
March 31, 1981
contains at least one-half cup of
vegetables or fruit per serving of the
salad.
5. Fruit used as a dessert may not be
counted toward the required two
servings of vegetables and fruits.
(3) BREAD OR BREAD ALTER-
NATE GROUP.
a. One serving whole grain or
enriched bread, biscuits, muffins, rolls,
sandwich buns, cornbread or other hot
breads.
b. Bread alternates may in-
clude 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 fulfill 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
may be used. Cake, pie, cookies 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 calcium 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 packaged at the
B•3
(Page Three of Seven)
HRSM 140.1
milk plant, or shall be served from an ap-
proved 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.
1. One and one-half cups cotta
cheese. z
2. One and one-half ounc
American cheese.
3. One and one-half cups ice milk
ice cream.
4. One and one-half cups custard.
5. One cup yogurt.
(e) Coffee, tea, decaffeinated
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
III-C funds.
(g) Nutrition service providers
shall provide special menus, where feasi-
ble and appropriate, to meet the par-
ticular dietary needs arising from the
health requirements, religious beliefs, or
ethnic backgrounds of eligible in-
dividuals.
(1) Menus for modified diets may
be provided for health reasons.
(2) A written or documented oral
order must be on record for each in-
dividual on a modified diet, and the order
must be reviewed annually with the par-
ticipant's physician.
(3) Modified or therapeutic
menus must be planned and prepared
under the supervision of a registered
dietitian.
(4) A current diet manual, ap-
proved by the PDAA Nutrition Consultant,
must be used as the basis for therapeutic
or modified menu planning.
(5) In determining feasibility and
appropriateness, the provider must use
ge
es -
or
ATTACHMENT "B"
HRSM 140-1
(Page Four of Seven),
March 31, 1981
the following criteria:
a. Whether there are suffi-
cient numbers of persons who need the
special menus to make their provision
practical.
b. Whether the food and skills
necessary to prepare the special menus
are available in the planning and service
area.
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.
unlabeled rusty, leaking, broken con-
tainers or cans with side seam dents, rim
dents or swells shall not be used.
3. FOOD PREPARATION.
(a) When nutrition service is
designed to serve meals at more than one
congregate meal site, efforts should be
made to have all meals prepared at one
facility and then delivered to the various
sites. For the most economical delivery of
meals, the duplication in staffing and
equipping food preparation facilities at
more than one congregate meal site
should be minimized.
(b) State and local fire, health,
sanitation and safety regulations ap-
plicable to the particular type of food
preparation and meals delivery system
used by the provider must be adhered to
in all stages of food service operations.
(c) All staff working in the prepara-
tion of food must be under the supervi-
sion of a person who will insure the ap-
plication of hygienic techniques and
practices in food handling, preparation
and service. This supervisory person shall
a-4
consult with the provider's nutrition con-
sultant.
(d) Tested quantity recipes, ad-
justed to yield the number of servings
needed, must be used to achieve the con-
sistent and desirable quality and quantity
of meals.
(e) All foods must be prepared and
served in a manner to preserve optimum
flavor and appearance, while retaining
nutrients and food value.
(f) Hot food must be served at a
minimum of 1400F. Neutral foods should
be served at a neutral temperature. Cold
food must be served at a maximum of
40 OF.
(g) More than one meal per day
may be provided. if a second meal is pro-
vided, the combination of the two meals
must provide at least two-thirds of the
RDA if these are to be reported as two
meal service -units.
4. FOOD SAFETY.
(a) All foods used in a nutrition ser-
vice must meet standards of quality,
sanitation and safety applying to foods
that 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-
tle III-C.
(c) Only commercially processed,
frozen or canned food, or approved by the
USDA and the FDA, may be used.
5. USDA FOOD ASSISTANCE. Con-
gregate meals programs shall take such
steps as necessary to assure that max-
imum numbers of older persons within
the service area benefit from the USDA
food assistance program. Each recipient
of an award shall:
(a) Provide the opportunity for, and
assist all nutrition participants who
desire food stamps to apply for such
assistance.
ATTACHMENT "B"
March 31, 1981
(Page Five of Seven)
HRSM 140-1
(b) Provide the opportunity for in-
dividuals receiving meals to use food
stamps as their contribution toward the
cost of the meal by having the Provider
certified for receipt of food stamps.
(c) After the Provider is certified for
receipt of food stamps, it must take steps
to assure that all provisions related to the
use and handling of food stamps (as
prescribed by USDA) will be met.
6. UTILIZATION OF EXISTING
RESOURCES.
(a) A service provider must make
every effort to utilize the existing social
service resources provided by agencies
such as health and mental health, public
assistance, Medicaid, social services,
food and agriculture agencies to provide
the supporting services.
(b) Such efforts shall include joint
planning, sharing of information, and
negotiation of agreements for joint fun-
ding and operation of programs for the
elderly.
7. ELIGIBILITY. Eligible individuals
are those persons who are aged 60 or
over and the spouses of such individuals.
8. TARGET POPULATION. Nutrition
services under the Older Americans Act
should be reserved for those individuals
in the target population who have been
identified as being in greatest economic
or social need. Factors which should be
considered in establishing priority in-
clude those older persons who:
IY
(a) Cannot afford to eat adequate-
(b) Lack the skills or knowledge to
select and prepare nourishing and well-
balanced meals;
(c) Have limited mobility which
may impair their capacity to shop and
cook for themselves; or
(4) Have feedings of rejection and
loneliness which destroy the incentive
necessary to prepare and eat a meal
alone.
B-5
9. NUTRITION CONSULTATION.
(a) A minimum of eight hours of
consultation per month by a registered
dietitian or other qualified person who
has been approved by the AAA Nutrition
Consultant is required for each Title III-C
Nutrition Provider. A resume for the Nutri-
tion Consultant must be included in the
service provider application or submitted
when there is a new person hired in this -
position.
(b) The Nutrition Consultant must
be either a provider employee or an in-
dependent consultant hired by the pro-
ject (paid or in -kind).
(c) Minimum responsibilities of the
Nutrition Consultant must include:
(1) Monitoring of food service to
include measurement of food
temperatures and portion sizes, assess-
ment of food quality, and adherence to
contract specifications.
(2) Staff training in areas of
nutrition, food service management, and
sanitation.
(3) Assessment of participants'
satisfaction and preference.
(4) Menu review and approval.
(d) Individual diet counseling with
participants, if provided, should be done
only by persons with approved training in
therapeutic diets.
10. FOOD SERVICE CONTRACT
PROVISIONS.
(a) Food service contracts are
defined as contracts for the purchase of
meals or portions of meals or for food
preparation.
(b) All service providers must
adhere to all standards set forth herein, in
HRSM 140.1, HRSM 55-1 and HRSM 115-1
in preparing contracts.
(c) Written specifications for food
service contracts must be approved by
the AAA prior to solicitation of bids for
such contracts by the Title III-C grantees.
ATTACHMENT "B" (Page Six of Severe).
HRSM 140-1 March 31, 1981
(d) Competitive bidding for food
service contracts must be conducted a
minimum of every two years. The con-
tracts must not be signed for longer than
one year but may be extended for an addi-
tional year as a "continuation clause" if
included and both parties are agreeable
to terms and conditions.
(e) Specifications for bids and
terms and conditions of the proposed
contracts must establish methods or
responsibilities for each of the following:
- (1) DELIVERY.
a. Transportation: trucks,
vans.
b. Delivery sites: number and
location.
c. Delivery schedule.
1. Number of days each week.
2. Hour of delivery for each site.
d. Type of containers for bulk
food delivery.
e. Type of containers for in-
dividual service.
f. Return of containers.
1. How and by whom.
2. Condition (washed„ sterilized,
etc.)
(2) MENUS.
a. Written by whom.
b. Approved by whom.
c. Compliance with Title III-C
meal pattern and other standards re-
quired herein.
d. Menus submitted to project
director at least five weeks in advance of
service.
e. Approval of substitution on
menus.
(3) SANITATION.
a. Compliance with Federal,
State and local regulations.
b. Food preparation facility in-
spection within previous six months.
c. Delivery standards.
1. Temperature maintenance.
B-6
2. Sanitary conditions.
d. Inspection of food prepara-
tion, packaging and storage areas by the
project.
(4) FOOD.
a. Number of meals.
1. Provision for flexibility.
2. Time limits for ordering amounts
of food.
3. Dispositon of unconsumed meals.
b. Cost schedule.
c. Food purchased by whom.
d. Food provided - entree,
vegetable, fruit, milk, dessert, juice,
salad, beverage, cream (or substitute),
condiments, butter or margarine.
e. Storage and handling of
USDA donated foods.
f. If food does not meet proper
specifications, the project will not be re-
quired to pay.
g. If the caterer fails to deliver
a meal or any portion of a meal, the pro-
ject will procure food from other sources
at the caterer's expense.
(5) MISCELLANEOUS SUP-
PLIES. Napkins, table coverings, home -
delivered meal containers, paper towels,
table service (plates, cups glasses, silver-
ware).
(6) ADMINISTRATION.
a. Sales tax exemption.
b. Caterer's financial records
open for audit purposes.
C. Supply information for
nutrition reporting on:
1. Labor costs.
2. Raw food costs.
d. Insurance coverage.
e. Bonding.
f. Food cost changes.
g. Termination of contract
agreement.
h. Dates and times of contract
payments, to contractor.
i. Approval by PDAA.
L
" ATTACHMENT "B" (Page Seven of Seven)
March 31, 1981 HRSM 140-1
Cj. Holidays and days when
meals are not to be served.
k. Training of site personnel.
(f) All proposed food service con-
tracts with profit -making organizations
must be submitted for prior approval by
the Area Agency.
11. NON-DISCRIMINATION ON THE
BASIS OF HANDICAP. Access to benefits
and services for handicapped par-
ticipants will be assured pursuant to Sec-
tion 504 of the Rehabilitation Act of 1973
(45 C F R 84).
12. INSURANCE. It is strongly recom-
mended that service providers have ade-
quate liability insurance coverage, in-
cluding product liability.
13. RECRUITMENT. Service pro-
viders will provide, subject to their merit
systems, a preference to persons aged 60
or over for any staff positions (full or part-
time), whether paid or volunteer.