Item C12
BOARD OF COUNTY COMMISSIONER
AGENDA ITEM SUMMARY
~ YUO/"3
ctina Department Head
Louis La Torre
Social Services
Director
Meeting Date: 12/17-12/18/03
Division: Community Services
Bulk Item: Yes ----K- No
Department: Social ServiceslNutrition
AGENDA ITEM WORDING:
Approval of Amendment to Agreement between G. A. Food Service and the Monroe County Nutrition Program
to renew contract for one additional year January 1, 2004-December 31, 2004.
ITEM BACKGROUND:
Contract signed by the Board of County Commissioners on December 18, 2002. Contract provides for contract
renewal option of one or two more years. This will be the first year renewal. Actual price of meal is $2.71,
which maintains the meals at the original contract price.
PREVIOUS REVELANT BOCC ACTION:
The Board of County Commissioners granted approval and authorized execution of initial Contract for food
service with G.A. Foods in December 2002, .for January-December 2003.
CONTRACT/AGREEMENT CHANGES:
Price per meal remains the same as last year, $2.71 per meal.
Exercising a one-year renewal option.
STAFF RECOMMENDATIONS:
Approval '.'
TOTAL COST:
$168.924
BUDGETED: Yes -X- No
COST TO COUNTY: Grant Funded SOURCE OF FUNDS Older Americans Act Grant
REVENUE PRODUCING: Yes No l AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ...L- OMB/Purchasing L Risk Management ~
Not Required
AGENDA ITEM #~
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:G.A. Food Service. first year Effective Date:01l01l04
renewal ootiom Contract Amendment
Expiration Date: 12/31/04 .
Contract Purpose/Description:Provides food service for Monroe County Nutrition Program
Congregate (Meal Site) and Home-Delivered Meals.
Contract Manager:Louis LaTorre
(Name)
4572
(Ext.)
Social ServicesINutrition Program
(Department)
for BOCC meeting on 12/17/-12/18/03
Agenda Deadline: 12/02/03
CONTRACT COSTS
Total Dollar Value of Contract: $168,924 Current Year Portion: $~891J\
Budgeted? YeslZr No D Account Codes: 125-61531-04-~-~tJyv
Grant: $ 125-61532-04-Y31'tJ2t)H-
County Match: $ _-_-_-_-
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $~yr For:
(Not included in dollar value above) (el!. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
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Risk Management / "1.'/0'3 Y esD No~ II/?{ /0"3
O.M.B./Purchasing II \H\ lfJ Yes!:!a1ioo 1117-4) 0
County Attorney 11/1'7/03 YesD No~ If~:J
co~~ng~~
OMB Form Revised 9/11/95 MCP #2
Date In
Changes
Needed_/
YesDNoLi _
Date Out
Division Director
AMENDMENT TO AGREEMENT
Monroe County Nutrition Program
THIS AMENDMENT made this _I 7th_ day of December. 2003. 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 GA Food Service, Inc., a Florida corporation whose
mailing address is 12200 32nd Court North, St. Petersburg, Florida, hereinafter called the Caterer.
WITNESSETH
WHEREAS, the parties hereto did enter into an agreement dated, December 18, 2002 for the
provision of meals for the Monroe County Nutrition Program Congregate and Home-Delivered Meals
operated by Monroe County; and
WHEREAS, said agreement provided an option to the Sponsor to renew the contract twice, each
time for an additional year; and
WHEREAS, the Sponsor has elected to exercise said option for the benefit of the Monroe County
Nutrition Program; now, therefore,
IN CONSIDERATION of the mutual covenants and obligations contained herein, the parties agree
as follows:
I. The Sponsor elects to renew the contract for an additional year pursuant to the contract
entered into on December 18, 2002,
2. The effective date of this amendment is January 1,2004 and shall extend through
December 31,2004.
3. Paragraph 10 of the contract, entered into December 18, 2002, shall remain the same to
provide for the cost per meal to be $2.71 for the period covered by this amendment.
4. All other terms and conditions of the contract dated December 18, 2002, as previously
amended shall.remain in full force and effect.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
(SEAL)
Attest:
GA FOOD SERVICE, INC.
By:
Secretary
By:
President
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A IT ACHMENT 7.
PUBLIC ENTITY CRIME STATEMENT
PUBLIC ENTIlY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for
a period of 36 months from the date of being placed on the convicted vendor list."
61
ATTACHMENT 8.
~ ETHICS STATEMENT
(TIDS MUST BE COMPLETED, NOTARIZED, and INCLUDED IN THE BID PACKET)
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY. FLORIDA
ETHICS CLAUSE
G.A. FOOD SERVICE, INC.
warrants that he/it has not employed, retained
or otherwise had act on his/its behalf any former County officer or employee in violation of
Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of
Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County
may, in its discretion,Jerminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise re
James
Date: 11
President
commission, percentage, gift, or consideration paid to the
G.A~
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'"-
'-
STATE OF FLORIDA
COUNTY OF PINELLAS
PERSONALLY APPEARED BEFORE ME, the undersigned authority, for G.A. Food Service, Inc.
James J. LoBianco, as President)Vho, after frrst being sworn by me, affixed hislher
signature (name of individual signing) in the space provided above on this 21 s t day of
November, 2002
~,
f1/~f1~
J nny -Co
NOTARY PUBLIC
My commission expires: April 8, 2005
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OMB - MCP FORM #4
~a\. Jenny Lopez-Coombl
. ~ . My Commission 00018038
~...~ Expires April 08, 2005
C2
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CONTRACT (AGREEMENT)
FOR FOOD SERVICE
This AGREEMENT made this 18th day of December, 2002, 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 GA Food Service, Inc. a corporation who's mailing
address is 12200 32nd Court N. St. Petersburg, FL 33716 hereinafter called the PROVIDER.
WITNESSETH:
Whereas, the SPONSOR desires to utilize the food preparation facilities of the PROVIDER,
for the purpose of providing meals for senior citizens participating in the Older Americans Act
Title III-C, Nutrition Program, hereinafter called the NUTRITION PROGRAM, the PROVIDER
is willing to provide for said services upon the terms and conditions 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 and undertake as follows:
1. The PROVIDER hereby agrees to furnish meals, in accordance with Attachments
of this Agreement and at the p.rices therein specified, to citizens participating in the
in the Older Americans Act Title III-C, Nutrition Program, such meals to be furnished at each of
the Congregate Sites in Key West, Big Pine Key, Marathon, and Plantation Key.
2. The SPONSOR agrees to reimburse the PROVIDER for meals served according
to the aforesaid/agreed upon schedule, payment to be made to the PROVIDER no more
than thirty (30) oays after the receipt by the SPONSOR of the PROVIDER'S claim.
Claims for reimbursement shall be rendered as promptly as practical after the 10th day of each
month, It is further agreed that the PROVIDER shall supply to the SPONSOR, Nutrition
Program, with the number of meals also to serve the In-Home Services Program.
3. The meals to be supplied by the PROVIDER pursuant to this Agreement are to be in
accordance with Attachments B, C, and D, The PROVIDER may, upon request of the
SPONSOR. make substitutions for the items on the regular menu, according to the terms
specified herein.
.
4, It is agreed that the SPONSOR must inform the PROVIDER of individual service site
orders no later than Friday two weeks prior to the delivery date.
It is further agreed that deliveries of frozen meals will be made to each designate meal site
weekly.
5. It is agreed and understood that the number of meals, which the PROVIDER is
obligated to provide, shall not exceed 50% above the maximum estimated number. If the
SPONSOR desires to have the PROVIDER supply additional meals, the PROVIDER shall be
notified accordingly, in advance. In such event, the PROVIDER may, but not be obligated to,
furnish additional meals.
6. Ifadditional services are requested by the SPONSOR, the Parties shall mutually
negotiate for the additional services, including cost of supplying them to be paid to the
PROVIDER.
7. The obligations of the provider under this Agreement are subject to the availability of
funds lawfully appropriated annually for its purposes by Monroe County, Florida and/or
availability of funds through contract or grant programs.
8, A reasonable effort will be made by the PROVIDER to supply meals as agreed upon
and the PROVIDER will be given thirty (30) days notice of the termination of the Agreement if
meals are not provided as specified herein and in Attachments B. C, and D.
9. This Agreement shall continue in effect from January 1,2003 to and including the 31 st
Day of December, 2003 at which time, the SPONSOR, will have the option to renew the
Contract for one (1) year or tWo (2) more years.
10. SPONSOR and CATERER agree that $ 2.71 per meal will be the price paid, with
maximum payable under this contract to be 55.590 meals, and subject to the availability of
funds.
11. This Agreement may be terminated by either party by providing written notice to
the other party of its intention to do so thirty-(30) calendar days prior to said termination. This
Agreement is not assignable to any person, finn, or corporation and sub-contracts shall not be
entered into without the written approval of the SPONSOR
2
.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year
first above written.
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(SEAL} '''c;
ATTE~T: Danny L. Kolhage, Clerk
- <~;;.; .-- ..:~;::.
Board of County Commissioners
Of Monroe County, Florida
G.~
. De uty Clerk
By
!k;~ >n ~a,U
Mayor/Chairman
(SEAL)
(Name of Food Service Provider)
G.A. FOOD SERVICES INC.
By
&/U'J,~A .r% GCvLe~
Secretary /'
By
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3
Attachment A.
of Contract for Food Service. Janua" 1. 2003
Annexed to and made part of the Agreement terminating December 31, 2003, between the Board
of County Commissioners of Monroe County, and (Name of Food Service Provider), providing
meals for Older Adults from Congregate Sites in Key West, Big Pine Key, Marathon, and
Plantation Key, the following items are agreed to:
1. Insurance
A. The Provider shall submit proof of all insurance's as stated in
Attachment A-I
2. Inspection
The Monroe County Nutrition Program, Alliance for Aging, and Florida Department of
Elder Affairs may inspect the food used in meals to determine compliance with all
specifications and to reject food not meeting said specifications and that any food
rejected for failure to meet specifications shall not be paid for by the Nutrition Program.
In addition, Provider must submit to the Nutrition Program copies of all health inspection
reports within seven (7) days of receipt.
3. Federal and State Regulations: State Licensing Standards
A. To conform and comply with the requirements of Title III-C of Federal
Regulations, Chapter 13, Part 1321, and all amendments thereof and the current
edition ofthe.~'Department of Elder Affairs (DOEA) Manual Older Americans
Act Program," and all amendments thereof; and any relevant regulations of the
State of Florida Department of Elder Affairs.
B. To comply with all applicable accrediting standards and any other standards or
criteria established by the Florida Department of Children and Families Aging
and Adult Services Program Office to assure quality of service.
C. To comply with all federal, state, and local laws and regulations governing the
preparing, handling, and transporting of food; and to procure and keep in effect,
all necessary licenses, permits, and food handler's card, certifications, etc. as
required.
4. Audit and Records
A. To maintain financial records and reports of funds paid under the Contract and to
submit reports to the Nutrition Program as requested.
B. Upon request, the Provider must make available to the Nutrition Program or its
authorized representatives; all records of Provider bearing upon food purchase,
storage, and use of Government donated commodities.
C. The Nutrition Program and other authorized representatives of the State
4
Attachment A. continued
Examiner, or Public Accountant and auditors of the Alliance for Aging, the
Florida Departments of Elder Affairs, and/or Children and Families, and the
United States General Accounting Office upon request, shall have access to all
such records for audit and review at a reasonable time and place.
5. Retention of Records
A. To retain all books, records, accounting records, and other documents relative to
the Agreement for a period of five (5) years, after the date of submission of the
final quarterly report of accountability for the budget year, and in the cases of
audit exception, has been cleared or resolved to the satisfaction of the Department
of Elder Affairs and the Federal Government.
B. Records for non-expendable property acquired with federal funds shall be retained
for 5 years after final disposition.
C. Federal auditors, the Secretary and Comptroller General of the United States, the
Departments of Elder Affairs and Children and Families, the Alliance for Aging,
and any persons duly authorized by the Department shall have full access to and
the right to examine any of said materials during such period.
6. Monitoring
A. To permit the Nutrition Program, the Alliance for Aging, the Department of Elder
Affairs, and Federal, State, and County personnel to monitor the food service
program acco.J;:ding to applicable regulations of the state and federal governments
and to audit and review all records required to be maintained. Such monitoring
shall consist of, but shall not be limited to inspection at any time of the Provider's
food preparation, packaging, and storage areas, and food containers and
automotive vehicles used in transporting meals and other food to the program
Sites to determine the adequacy of the provider's food handling, cleaning,
sanitation, and maintenance practices.
7. Compliance with Civil Ri2hts Act of 1964. Title VI and VII
A. That there will be no discrimination against any employee or person served on
account of race, color, sex, religious background, ancestry, or national origin in its
performance of the food service Contract.
B. That provider shall comply with Title VI of the Civil Rights Act of 1964
(42USA2000d) in regard to persons served, and the regulations issued pursuant
thereto (45 CFR, Part 80).
5
Attachment A. continued
C. The provider shall comply with Title VII of the Civil Rights Act of 1964 (42 USC
20003) in regard to employees or applicants for employment, and nay regulations
issued pursuant thereto.
D. It is expressly understood that upon receipt of evidence of such discrimination, the
Nutrition Program, Alliance for Aging, and the Department of Elder Affairs shall
have the right to terminate the food service Agreement.
8. Indemnification
That Provider shall act as an independent contractor and not as an employee of the
SPONSOR in operating the aforementioned service. Provider shall be liable and agrees
to be liable for and shall indemnify, defend, and hold harmless, the SPONSOR, Alliance
for Aging, and the Department of Elder Affairs, for all claims, suits, judgments, or
damages arising from, the operation of the aforementioned services during the course of
the Agreement, including all costs and reasonable attorney's fees, as specified in
Attachment A-I, attached.
9. Bid Specifications
Provider hereby further agrees that all specifications, systems, equipment, supplies,
obligations, etc, which are described in the bid package submitted to me on _(Specify
Date )_, which are not inconsistent with the specific requirements called for under this
Agreement, are here~y incorporated by reference as part of the Agreement as they were
specifically set forth.
6
Attachment A. continued
2. Commodities
A. It is agreed that any and all commodities received shall inure only to the benefits
of the meals purchased under this Agreement and Provider shall keep book and
records pertaining to the bonus commodities and their use in the meals for a
period of three (3) years from the close of the federal fiscal year, to which they
pertain, for inspection and audit by representatives of the Food distribution
Office, USDA, Alliance for Aging, Florida Departments of Elder Affairs and/or
Children and Families, and the Nutrition Program at any reasonable time and
place.
B. Record Keeping must include:
(i.) Meal production records; USDA foods must be distinguished from each
other, and from purchased foods.
(ii.) Perpetual inventory system recording commodity, date received, date
used, transferred or lost, and balance on hand.
(iii.) Quarterly physical inventory compared to book balance on hand.
(iv,) Book inventory should be kept of foods stored in any other facility and
periodically reconciled against a physical count.
3. Bayshore Manor Adult Assisted Living Facility
Pursuant to the "Piggxbacking" Procedure specified in the Monroe County Board of County
Commissioners Purchasing Policy. October 2000, which provides that other governmental
entities may take advantage of the pricing received through a competitively awarded bid, the
PROVIDER agrees to sell meals to Bayshore Manor Adult Assisted Living Facility
operated by Monroe County at the same unit price as offered to the Nutrition Program.
7
. .
4. Attachment A-I
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Introduction
to
Other Contractors and Subcontractors
Section
This section of the manual will apply to Vendors and Contractors supplying goods or services to
the County which are not in connection with a construction project. The insurance requirements
for Agreements/Contracts which supply goods or services associated with construction projects
should be governed by the Construction Contractors section of this manual. The types and
amounts of insurance will be determined based on the type of service or goods provided and the
projected payment to the Vendor. The fact that the funds used to pay for the goods or services
were obtained from Federal, State, or other grants is not material.
A special matrix of for this section has been developed to assist in the establishment of the
proper insurance coverages and limits.
As a general rule, all agreements will include as a minimum:
· Indemnification and Hold Harmless Provisions
· General Insurance Requirements
· Workers' Compensati.on Provisions
· General Liability Provisions
and
· Vehicle Liability Provisions
Questions should be directed to Risk Management at (305) 292-4542.
8
Attachment A-I, Continued
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
General Insurance Requirements
for
Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material), the Contractor shall obtain, at hislher own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
Contractor will ensure that the insurance obtained will extend protection to all Subcontractors
engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to
obtain insurance consistent with the attached schedules.
The Contractor will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has
been furnished to the County as specified below. Delays in the commencement of work,
resulting from the failure of the Contractor to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this contract and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
except for the Contractor's failure to provide satisfactory evidence.
The Contractor shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision
may result in the immediate suspension of all work until the required insurance has been
reinstated or replaced. Delays in the completion of work resulting from the failure of the
Contractor to maintain the required insurance shall not extend deadlines specified in this contract
and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended, except for the Contractor's failure to maintain the required insurance.
The Contractor shall provide, to the County, as satisfactory evidence of the required insurance,
either:
· Certificate of Insurance
or
· A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
9
Attachment A-t. Continued
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer,
The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving
the Contractor from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing on the
County prepared form entitled "Request for Waiver of Insurance Requirements" and
approved by Monroe County Risk Management.
."
10
. :
Attacbment A-I. Continued
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Glossary
Workers' Compensation and Employers' Liability Insurance provides coverage for
employees who suffer an on-the-job injury. Nearly all employers in the State of Florida are
required, by statute, to purchase Workers' Compensation, Fines and penalties can be levied upon
any firm that fails to comply with the law. More important, tbe County can be held
responsible for the benefits owed to an employee of a contractor or subcontractor if they
fail to maintain Workers' Compensation insurance. Since Monroe self-insures its workers'
compensation exposure, the assumption of another firms claims could have serious economic
impact on the County's budget.
Workers' Compensation Insurance pays for the medical expenses of employees that suffer a job
related injury. In addition, the injured employee is entitled to a portion (usually 66%) of his pre-
injury wage, subject to a maximum established by the State. Normally, the injury must prevent
the employee from working for a period of fourteen days before he can collect any lost wages. A
standard Workers' Compensation policy does not have a specific limit and indicates that all
statutory benefits will be paid, With few exceptions, benefits are paid without regard to fault and
the employer has limited defenses available which will permit a denial of a claim, In return for
this right, the employee waives his right to sue his employer under tort (negligence). This is
commonly referred to as the..~'Sole Remedy Provision".
Since the coverage under a Workers' Compensation policy is so broad, most job related injuries
are covered under this policy. Occasionally, coverage may not respond to the claim or the
employee is successful in circumventing the Sole Remedy Provision. To protect the employer
for such cases, most Workers' Compensation policies contain a separate section entitled
"Employers' Liability", Unlike Compensation coverage, which has no specified limits,
Employers' Liability coverage contains a per accident limit and a total policy limit. In addition, a
separate limit for disease related claims often applies on a per employee basis.
General Liability Insurance is designed to protect a firm from third party claims for bodily
injury and property damage which arise out of the operations of the Organization. Third parties
may be members of the public, another Contractor, or the County itself. Limits are usually
provided on a per occurrence (accident) basis with a separate annual limit for all occurrences.
There are two broad categories of General Liability Insurance. The first is offered on a "Claims
Made Basis" and the second is offered on an "Occurrence Basis", A Claims Made policy
requires that the claim be reported to the insurer during the policy period while an Occurrence
policy will respond to an accident that took place during the policy term regardless of when the
actual claim was made.
12
.
Attachment A-I. Continued
Normally, the County prefers that all General Liability Insurance be provided on an
Occurrence Basis. Risk Management should be consulted to assist in the establishment of
verification procedures whenever a Contractor provides a Claims Made policy.
Another concern that deserves further discussion is Contractual Liability. Some General
Liability policies exclude or limit coverage for liabilities assumed under contract. Unless
Contractual Liability is provided, coverage for the County may not be available.
Additional Insured is a method of allowing the County to have direct access to the Contractor's
insurer in the event they are included in a law suit arising out of the performance of the contract.
The County will generally require that they be added as an Additional Insured on all policies
except Workers' Compensation.
Vehicle Liability Insurance provides protection for vehicle related claims which are normally
excluded from coverage under a General Liability policy. If automobiles will be used in
conjunction with the project, Vehicle Liability Insurance will be required.
Limits can be provided in two ways. Combined Single Limits (CSL) furnish a single amount
of coverage for claims regardless whether they are for bodily injury or property damage. Split
Limits furnish separate amounts for bodily injury claims and property damage claims. The
County prefers CSL.
Umbrella Insurance (Excess Liability Coverage), while not specifically included in the required
coverages, is a type of insurance purchased by a firm in an effort to increase the limits of liability
on their General and Vehicle Liability coverages. It often increases the Employers Liability
limits as welL Frequently an Organization needs or desires higher limits than are traditionally
available on primary insurance policies. Umbrella or Excess Liability Insurance fills this void.
Professional Liability provides liability coverage for Claims arising out of the furnishing, or the
failure to furnish professional services. Such claims are normally excluded from General
Liability Insurance. ..
Miscellaneous Other Coverages contained within this Manual, and not addressed above, can be
discussed with Risk Management and further explanations can be obtained if questions or
problems arise.
Risk Management is a process designed to reduce losses and minimize the adverse effects of
losses that do occur. Risk Management can be viewed in two dimensions: a decision process
and a management process.
Risk Management viewed as a decision process includes:
v" The identification of exposure to loss;
v" Evaluating the potential impact of a loss;
v" Reviewing alternative techniques for handling the loss;
v" Selecting the most appropriate technique; and
v" Monitoring the results and making adjustments where needed.
13
Attachment A-I. Continued
Risk Management viewed as a management process entails four basic functions:
./ Planning what must be done to protect the County against the adverse effects of
accidental losses;
./ Organizing personnel and other resources to carry out the results of the planning;
./ Motivate personnel throughout the County to accomplish its goals; and
./ Monitor the results of the program, making adjustments where needed.
.."
14
Attachment A-I. Continued
MONROE COUNTY, FLORIDA
INSURANCE CHECKLIST
FOR
VENDORS SUBMITTING PROPOSALS
FOR WORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required in the event an award is made to your firm. Please review this form with your
insurance agent and have him/her sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposaL
WORKERS' COMPENSATION
AND
EMPLOYERS' LIABILITY
WC1
WC2
WC3
WCUSLH
WCJA
X Workers' Compensation
Employers Liability
Employers Liability
Employers Liability
US Longshoremen &
Harbor Workers Act
Federal Jones Act
,"
Statutory Limits
$100,000/$500,000/$100,000
$500,000/$500,000/$500,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liability
Same as Employers'
Liability
INSCKLST
15
. .'
Attachment A-I. Continued
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
· Premises Operations .
· Blanket Contractual .
· Expanded Definition
of Property Damage
Required Limits:
GLl
GL2
GL3
GL4
Required Endorsement:
GLXCU
GLLIQ
GLS
Products and Completed Operations
Personal Injury
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
..,
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Services
All endorsements are required to have the same limits as the basic policy.
INSCKLST
16
. ,
Attachment A-I. Continued
VEHICLE LIABILITY
As a minimum, coverage should extend to liability for:
· Owned; Non-owr:ted; and Hired Vehicles
Required Limits:
VLl
VL2
VL3
VL4
BRl
MVC
PROl
PR02
PR03
POLl
POL2
POL3
EDl
ED2
GK1
GK2
GK3
$50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
MISCELLANEOUS COVERAGES
Builders'
Risk
Motor Truck
Cargo
Professional
Liability
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
INSCKLST
Limits equal to the
completed project.
Limits equal to the maximwn
value of anyone shipment.
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$ 500,000 per Occurrence/$l,OOO,OOO Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$1 0,000,000 Agg.
$ 10,000
$100,000
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per Veh)
$1,000,000 ($250,000 per Veh)
]7
I. , .
MED1
MED2
MED3
MED4
IF
VLPl
VLP2
VLP3
BLL
HKL1
HKL2
HKL3
AIR1
AIR2
AIR3
AEOI
AE02
AE03
E01
E02
E03
Attachment A-t. Continued
Medical
Professional
Installation
Floater
Hazardous
Cargo
Transporter
Bailee Liab.
Hangarkeepers
Liability
Aircraft
Liability
Architects Errors
& Omissions
Engineers Errors
& Omissions
."
$ 250,000/$ 750,000 Agg.
$ 500,000/$ 1,000,000 Agg,
$1,000,000/$ 3,000,000 Agg.
$5,000,000/$10,000,000 Agg.
Maximum value of Equipment
Installed
$ 300,000 (Requires MCS-90)
$ 500,000 (Requires MCS-90)
$1,000,000 (Requires MCS-90)
Maximum Value of Property
$ 300,000
$ 500,000
$ 1,000,000
$ 1,000,000
$ 5,000,000
$50,000,000
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$l ,000,000 Agg.
$ 1,000,000 per Occurrence/$3,000,000 Agg.
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per Occurrence/$I,OOO,OOO Agg.
$ 1,000,000 per Occurrence/$3,000,000 Agg,
INSCKLST
18
Attachment A-I. Continued
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are _ Occurrence
Claims Made
Insurance Agency
Signature
BIDDERS STATEMENT
..'
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder
Signature
19
Attachment A-I
INDEMNIFICA TION AND HOLD HARMLESS
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
OBJECTIVE and GENERAL PROCEDURES
In recent years, society has seen an increase in the number of lawsuits filed in the court systems.
Frequently when a suit is filed, anyone having a connection with the activity, which gave rise to
the claim, are named as defendants, regardless of their contribution to the loss. Simple
ownership of the property where the accident took place could expose the County to a lengthy
and costly legal battle, even though it was not negligent in conducting its affairs.
To reduce the number and cost of such claims, the County attempts to hold the party responsible
for the claim accountable for their actions. This is accomplished in two (2) ways.
First, the County requires that all parties doing work for, or on behalf of Monroe County, or
utilizing County property provide an Indemnification and Hold Harmless agreement in favor
of Monroe County. Such an agreement obligates them to protect and pay for any costs which the
County might incur arising out of their activities, including providing a defense attorney to the
County. Various forms ofIriaemnification and Hold Harmless agreements may be used,
depending on the nature of the activity involved. The individual sections of this manual will
specify which agreement is appropriate. All agreements are contained in the section titled
Indemnification and Hold Harmless.
20
Attachment A-I, continued
INDEMNIFICATION AND HOLD HARMLESS
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Other Contractors and Subcontractors
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners from any and all claims for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (including attorney's fees) which arise out of, in connection with,
or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act or omission of The Contractor or its
Subcontractors in any tier, their employees, or agents,
In the event the completion of the project (to include the work of others) is delayed or suspended
as a result of the Contractor~ failure to purchase or maintain the required insurance, the
Contractor shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
21
Attachment B
of Contract for Food Service. January 1. 2003
Annexed to and made part of the Agreement terminating December 31, 2003, between the Board
of County Commissioners of Monroe County, Florida and (Name of Food Service Provider),
providing meals for Older Adults from Congregate Sites in Key West, Big Pine Key, Marathon,
and Plantation Key.
Both Parties agree that:
1. Program meal sites may be added or eliminated from this Agreement, as approved by the
Nutrition Program and the Alliance for Aging. In addition, levels of service may be
increased or decreased during the contract period based on demands for service or
reductions in funding.
2. Each meal provided will contain a minimum of one-third (33-V3%) of the RDA
(Recommended Dietary Allowances) for adults aged 51 and older, as established by the
Food and Nutrition Board of the National Academy of Sciences -National Research
Council. Meal patterns shall comply with Title III-c Standards as noted in
Attaclunent 1, Sample Menu and Attaclunent 4 Food Specifications, Including
Department of Elder Affairs (DOEA) Meal Patterns and Standards, of the Bid Document.
Provider agrees:
1. To submit six- (6) week menu cycles to the Nutrition Program at least six- (6) week prior to
the expected date of implementation. Menus shall state portion sizes and fulfIlled RDA
requirements. Also, to review client eating preferences and to submit for Nutrition Program
approval, at least six (6) weeks in advance of adoption, any revision(s) to adjust for seasonal
availability of food aria for emerging patterns of clientele preference. (Se Attaclunent 1 of
Bid Document, Sample Menu).
2. Provider will observe ethnic, religious, and seasonal preferences for specified foods in
consultation with the Nutrition Program Director.
3. Provider must work with the Nutrition Program Director and Nutritional Consultant to
update and revise meals and meal procedures to assure acceptable meal content and quality.
4. Site Supplies
a Provider shall provide to each site all supplies to be utilized with meals including, but
not limited to:
· Serving trays, plastic ware, napkins, straws, drinking cups, squat cups, lids, stirrers,
sandwich bags, garbage bags, plastic gloves, liquid detergent, and sanitizing agent.
b. Such supplies shall be furnished in accordance with Nutrition Program policy,
c. Equipment that has been installed by the Provider shall remain the property of the
Provider until such time as the agreed upon per meal cost has covered the cost of the
equipment. At such time, the Nutrition Program will own the equipment.
d. Nutrition Program equipment shall be clearly marked and remain the property of the
Program and shall be returned in good condition at the conclusion of the Contract,
normal wear and tear excepted.
22
Attachment B. Continued
of Contract for Food Service. Janua", 1. 2003
5. Provider is responsible to train Nutrition Program personnel in the proper methods of
special serving and/or heating and chilling instructions specific to frozen and fresh meals.
6. Provider agrees to supply, as accepted by both parties, low sodium and low calorie
therapeutic meals at no extra charge.
7. Provider agrees to notify the Nutrition Program Director of any radical food cost changes.
Monroe County Nutrition Program agrees to:
1. To provide personnel qualified and capable to manage and supervise handling and
distribution of meals at project sites in keeping with agreed sanitation standards.
2. To assure the availability of personnel for special instructions by the Provider.
End of Attachment B.
23
.. ,
Attachment C
of Contract for Food Service. January 1. 2003
Annexed to and made part of the Agreement terminating December 31, 2003, between the Board
of County Commissioners of Monroe County, Florida and (Name of Food Service Provider),
providing meals for Older Adults from Congregate Sites in Key West, Big Pine Key, Marathon,
and Plantation Key.
COMPONENT PROGRAM/FROZEN-FRESH ENTREE AND ACCOMPANYING MEAL
COMPONENENTS
A. The Provider agrees:
1. To supply approximately 55,590, unitized, pre-portioned entree-vegetable components,
including frozen and fresh meals over the duration of the Contract at a cost of $_ per
meal.
2. To supply approximately 55,590 portions of accompanying components (such as bread,
butter, milk, dessert, salad, juice) over the duration of the Contract at no additional cost.
3. That all frozen meals must be packaged to allow heating in ovens and/or toaster ovens, and
Inlcrowave ovens.
4. All frozen and fresh meals must be identified so participants can follow the menu plan. In
addition, all packaging must be labeled clearly with printing large enough to be read by
people who are visually impaired.
5. Meals delivered by Provider's drivers must be transported in such a manner as to insure
receipt at the delivery points to assure proper temperatures for fresh, 41 degrees Fahrenheit
or below, and frozen foods, 20 degrees below zero Fahrenheit (as specified in the Florida
Administrative Code (F AC), chapter 64E-II, Food Hygiene.
6. Payments will be witfiheld on all meals including any storage or delivery charges, which do
not meet the prescribed requirements as stated in the Nutrition Program Meal Standards,
included in Attachment D of the Agreement and/or delivered defrosted or damaged.
7. All condiments and beverages to be included in meal cost quoted.
8. Menus
a. To submit for approval at least two-weeks in advance of use, substitutes to be made
in the approved frozen/fresh entree menu.
b. A sample of meals to be served shall be provided to the Nutrition Program in such a
time frame as to allow the Nutrition Program to test said meals to assure quality
control prior to their being served and to replace said meals, if necessary, if quality
standards have not been met.
24
.. .
Attachment C. Continued
of Contract for Food Service. January 1.2003
Both parties agree:
1. That the Nutrition Program is not responsible or liable for loss or breakage of Provider's
equipment left at the Sites.
2. Upon delivery of meals to each Site, an authorized representative of the Nutrition Program
shall sign a receipt in duplicate evidencing shipment of such goods; one copy is for the
driver and one copy to be retained by the Site representative and sent to the Nutrition
Program Office.
3. Deliveries will be made weekly on weekdays only.
· The delivery schedule for each Meal Site is as follows
Plantation Key Site: illID1 and( Time)
Marathon Site: illID1 and( Time)
Big Pine Site: illID1 and( Time)
Key West Site illID1 and( Time)
· The delivery schedule should be the same every week. The Nutrition Program must
approve deviations from the schedule because of special circumstances.
· Provisions for special deliveries, such as emergency meals, will be determined and
agreed upon by the Nutrition Program and the Provider.
· The Nutrition Program may observe thirteen holidays, when no meals will be served. As
such, deliveries are not to be made on weekends or holidays. If circumstances warrant,
the Nutrition Program can change this on a case-by-case basis with approval.
4. All frozen meals must be packaged to allow heating in ovens, toaster ovens, and/or microwave
ovens.
5. All meals delivered in a ci~frosted and/or damaged state shall not be paid for by the Nutrition
Program, including storage and delivery charges. All meals must be signed for by Nutrition
Program Staff or Designee. Damaged or defrosted meals must be so noted on the delivery
receipt by the person signing. Meals signed for with no notation will be considered frozen and
undamaged and shall therefore be paid for.
6. The Provider shall cover all costs incurred by the Nutrition Program due to unusable food,i7. All such meals must be transported in a manner as to ensure proper temperatures for fresh, 41
degrees Fahrenheit or below, and frozen foods, 20 degrees below zero Fahrenheit.
End of Attachment C.
25
'" . ~ "l-'
Attachment D
of Contract for Food Service. Januarv 1. 2003
MONROE COUNTY NUTRITION PROGRAM MEALS STANDARDS
Annexed to and made part of the Agreement terminating December 31,2003, between the Board
of County Commissioners of Monroe County, Florida and (Name of Food Service Provider),
providing meals for Older Adults from Congregate Sites in Key West, Big Pine Key, Marathon,
and Plantation Key.
A. The special needs of elders must be considered in all menu planning, food selection, and
meal preparation.
B. Menus approved by Provider, dietitian/nutritional consultant, and Nutrition Program
Director shall be submitted to the Nutrition Program Director no later than six (6) weeks
prior to service.
C. Menu changes proposed by Nutrition Program Director will be made as needed to reflect
participants' meal acceptance/preference.
D. The food items within the meat, vegetable and fruits, and dessert groups must be different
for the same days of the week, thus providing a variety of food and nutrients,
E. Project menus must follow the meal pattern set forth below. Each group or its alternate
makes a special contribution toward the objective of providing at least one balanced meal
daily. (For further details see Attachment 4, Food Specifications, Including Department Of
Elder Affairs (DOEA) Meal Patterns And Standards.)
1. Meat or Alternate: 3 oz. cooked edible meat serving or its protein equivalent
of approximately 3 oz. of cooked edible meat include: 6 ounces of eggs (3 eggs),
3 ounces of ch-eddar cheese, 6 ounces of cottage cheese (3/4 cup), 7 ounces of
cooked dried beans, peas, or lentils (11/2 cups), 3 ounces of peanut butter
(6 tablespoons).
This applies to mixed dishes, meat-substituted dishes, and casseroles. Examples:
Chili (2 ounces beef, 2.5 ounces beans, macaroni, and cheese (3 ounces cheddar
cheese), lasagna (1 ounce pork, 2 ounces cottage cheese, 1 ounce cheddar cheese),
2.
Vegetables/Fruits:
2-4 ounce servings:
Any combination of vegetables or fruits may count toward meeting the 2-4 ounce
servings in the "Menu Pattern". The 2-4 ounce servings of vegetables or fruits
represent the drained weight of the food. White potatoes, sweet potatoes,
pumpkin, squash, dried beans, peas, and lentils may be included in this food
group category.
26
, .
... . ) t~
Four ounces (drained weight) of vegetables or fruits must be included in any stew,
soup, casserole, gelatin, or other combination dish if it is identified as meeting a
"VegetablelFruit" serving.
Vegetable or fruit sauces (e.g. tomato sauce on spaghetti) may not be used as a
"VegetablelFruit" serving. Rice, spaghetti, macaroni, and noodles are not
vegetables. Ajuice or drink, which is not full strength but is Vitamin A or C
fortified, cannot be identified as a "VegetablelFruit" serving.
3. Bread or Alternate: one servmg
All breads, cereals, or baked goods used in this category must be whole-grain,
enriched, or restored. Bread and their recommended serving sizes include:
1 slice of bread, 1 roll, 1 muffin or biscuit, 1 sandwich bun, I piece of cornbread
(2 ~ "by I W');
saltine crackers; 2 graham crackers; 1 tortilla; I dumpling
4, Fortified Margarine or Butter: 1 teaspoon with bread or bread substitute. Fortified
margarine is used in the "Menu Pattern"
5.
Dessert:
1 serving
The serving size of the dessert will depend on the food selected and its
contribution to the total nutrient content of the day's menu.
All fruit, full'strengthjuices, pudding, custards, ice cream, sherbet, cake, pie,
cookies, an other similar foods are in this group.
6. Milk or Milk Product: 8 fluid ounces or its calcium equivalent.
The 8 oz. serving of fluid milk must be Vitamin A and D fortified, low fat milk.
Cheese used in meal preparation cannot be imitation cheese.
FOOD PREPARATION AND DELIVERY
A. State and local fire, health, sanitation, and safety regulations applicable to the particular
types of food preparation and meal delivery system used must be adhered to in all stages
of food service operation.
B. All staff working with the preparation of food shall be under the supervision of a person
who will insure the application of hygienic techniques and practices in food handling,
preparation, and services.
27
,.,j ,.:, ,..
C. Tested, quality recipes, adjusted to yield the number of servings needs, must be used to
achieve a consistent and desirable quality of meals.
E. All foods must be prepared and served in a manner, which presents optimum flavor and
appearance, while retaining nutrients and food value.
MEAL PLANNING
A. Re: "Special Needs of the Elderly"
(1) All meals are to be low sodium (to average 1 ~ grams sodium per meal for a given
week).
(2) Requires creativity and adaptability of cooking
· Use of alternative herbs, seasonings, and salt substitutes.
· Knowledge of food and condiment content.
(3) Requires knowledge and assurance from food suppliers.
A. Menu planning should take into consideration low-sodium and sugar content.
B. Meals should incorporate seasonal fresh fruits and vegetables when possible
within budget requirements, However, pursuant to Nutrition Program policy and
bid requirements, fresh fruit must be provided at least three (3) times within the
6-week menu cycle,
,."
MEAL COOKING: For Home-Delivered Meals Only.
All frozen meals whether unitized or packed as separate entrees/vegetables, must be identified so
participants can follow the menu plan. In addition alllabeling on packaging must be printed
clearly with letters large enough to be read by people who are visually impaired.
END OF ATTACHMENT D. AND CONTRACT/AGREEMENT
28