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Item C23BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting ate: 1 19/11 - - 1/20/11 Division: CAD Bulb Item: Yes X No Department: _Social Services Nutrition Staff Contact Person/Phone Ellen Caron X4522 AGENDA ITEM WORDING* Request approval of Amendment to Agreement between the Board of County Commissioners and uA Food Service, Inc., which renews the Agreement for another year at a price of $3.41 per meal.. ITEM BACKGROUND: CAA Food Service Inc. is the vendor which provides the heals for the Monroe County Nutrition Program. and Bayshore Manor. The county? s Agreement with them, provides for a renewal of the contract each year for two consecutive years. The contract allows GA. Food Service Inc. to adjust the price per meal annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous year using the month of October closest to the renewal date. PREVIOUS RELEVANT BOCC ACTION: pp A roval of a revised Supply Dist, which is a part of the Contract between the BOCC and GA Food Service, Inc., approved by the BOCC on 9/ 15/ 10. CONTRACT/AGREEMENT CHANGES: The price per meal increases from $3.30 to $3.41. STAFF RECOMMENDATIONS* Approval. TOTAL COST: $1 So 00o INDIRECT COST: BUDGETED: Yes X No COST To COUNTY: $26,000 — Ba shore SOURCE OF FUNDS: General Revenue Fund $o — Nutrition Program - reimbursed under the Older Americans Act REVENUE PRODUCING: Yes No X AMOUNT" PER MONTH Year APPROVED BY.- County Atty DOCUMENTATION: Included DISPOSITION: Revised 1/09 O/v/Purchasing Not Required Risk. Management AGENDA ITEM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS I! A4 Amin wq t8i U7 IN ON L Contract with: GA Food Service Inc. Contract # Effective Date: January 1, 2011 Expiration Date: December 3l.2011 Contract Purpose/Description-, Meal Service for the Monroe County Nutrition Program and Bayshore Manor ................................ .......... ..... Contract Manager: Sheryl Graham 4510 Social Services / stop #1 (Name) (Ext.) (Department/Stop #) for BOCC meeting on January 19, 2011 Agenda Deadline-, January 4, 2 011 CONTRACT COSTS Total Dollar Value of Contract.- $ 18000 Budgeted.? Yes Z No E] Account Codes*. Grant: $ 1541000 County Match.- $ In -Kind Current Year Portion-, 001-61504-530491- 125-6153111-530491- 125-6153 7 1 .... 1.-.530491 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Change! D to .In Needed Division Director 7 Yes[:] No Risk Mana ement 9 -Li Yes E] No 0.&. /Purchasing 1,]i-�2 1 "0 YesEl No County Attorney lYeso No. T_ I Date Out A-) Comments: -4 � ............. . .. . . C br 1 OMB Form Revised 2/27/01 MCP #2 AMENDMENT To AGREEMENT Monroe County Nutrition Program. TH.I.S AMENDMENT made this day of January 2011, by and between the Board of Count Commissioners of Monroe County, Florida, a political subdivision of the State of Florida, hereinafter called County~'nd , and GA Food Service, Inc., a Florida corporation whose mailing address is l.2.2o0 32 Court North, St. Petersburg, Florida, hereafter called ``Contractor." WITNESSETH WHEREAS, the parties hereto did enter into an agreement dated May .o, 2009, for the provision of meals for the Monroe County Nutrition Program's congregate and hone -delivered meals programs and for Bayshore Manor operated by Monroe County; and WHEREAS, said agreement prodded an option to the County to renew the contract twice each time for an additional year; and WHEREAS, the County has elected to exercise said option for the benefit of the Monroe County Nutrition Program and Bayshore Manor, IN CONSIDERATION of the mutual. covenants and obligation contained herein, the parties agree as follows: I . The County elects to renew the contract for an additional year pursuant to the contract entered into on May 20, 2009. 2. The effective date of this amendment is January 1, 2011, and shall extend through December 31., 2011. 3. Paragraph 4 of the contract entered into on May 20, 2009, shall be amended to provide for the cost per meal. to be $3.41 for the period covered by this amendment. 4. GA Food Service, Inc. shall provide evidence of insurance, which names the Board of County Commissioners as additional insured for the year 201.1. S. All other terms and condition of the contract dated May 20, 2009, as previously amended shall remain in full force and effect. (SEAL) Attest: DANNY L. KOLHAGE CLERK By: Deputy Clerk (SEAL) Attest: By: Secretary MONROE COUNTY ATTORNEY BOARD of COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman GA FOOD SERVICE, INC. =11 President MINUTES of THE MONROE CCU TY BOARD OF COUNTY COMMISSIONERS Regular Meeting Board of County Commissioners Wednesday, September 15, 2010 Marathon, Florida 175 Regular Meeting of the Monroe County Board of County Commissioners issioners convened at 9.00 A.M., at the Marathon Government Center. Present and answering to roll call were Commissioner Heather Carruthers, Commissioner Mario DiGennaro, Commissioner George Neugent, Commissioner King Wigington, and Mayor Sylvia Murphy. Also present at the meeting were Roman Gastesi, County Administrator, Debbie Frederick, Assistant County Administrator; Suzanne Hutton, County Attorney; Danny L. Kolha e, Clerk; Isabel C. DeSantis g � , Deputy Clerk; County Staff, members of the press and radio; g and the general public. ADDITIONS, CORRECTIONS, DELETIONS Motion was made by Commissioner Carruthers and seconded by Commissioner Wigington approving the addition of the following agenda item to g today 's agenda: C39 - Approval for the Mayor to sign a letter through which Monroe Count objects to the application of Out at u y o� P dloe Cay, Inc. to operate a wastewater utility for the subdivision. RI - An A.ttomey-Client Closed Session of the Board of County Commissioners to be held at I :30 P.M. in the matter of Roman Gastesi, Jr. v. Stand UFor Animals a Ca �. - P Inc., Case �o. 1050. 'Lotion carried unanimously. .Motion was made by Commissioner Neugent and seconded b Commissioner Wigington gington granting approval of Additions, Corrections, and Deletions to the Agenda. Motion carried - unanimously. g ed unanimously. PRESENTATION of AWARDS Presentation of Mayor's Proclamation declaring Oct. 3-9, 2010 as .Fire Prevention We ek in Monroe County. Presentation of Mayor's Proclamation declaring September 26, 2010 as "US t Radi o Day' in the Florida keys. 176 Motion was made by Commissioner Neugent and seconded by Commissioner Wigington to adopt the following Resolution honoring Warren Johnson and The Propeller Club of the United States of America. Motion carried unanimously. RESOLUTION No. 262a-2010 Said Resolution is incorporated herein by reference. BULK APPROVALS Motion was made by Commissioner Carruthers and seconded by Commissioner DiGennaro granting approval of the following items by unanimous consent: Board granted approval of the filing of a Grant Application and Agreement for State Aid to Libraries from the Florida Department of State, Division of Library and Information Services, and execution of same with the proper County authorities. Board granted approval of the document entitled Monroe County Public Library Long_ .range Plan ofServicefor the years 2011-2013, submitted by Norma .hula, .director of Libraries, dated August 13, 2010. Said document is incorporated herein by reference. Board granted approval of the receipt of the monthly report on Change Orders reviewed by the County Administrator's office. Board granted approval and authorized execution of a Second renewal to the Administrative Agreement with the Florida Keys Council of the Arts to utilize 10% of the I % allocation for art funding for the reimbursement of administrative expenses. Board granted approval and authorized execution of a Fourth Amendment to Agreement dated July 19, 2006 between Monroe County and Kelley, Kronenberg, Gilmartin, Pichtel, Wander, P.A. for Legal Services to update authorized timekeepers retroactively to .April 2, 1010. Board granted approval of a Risk Management settlement in the amount of $40,000.00 (inclusive of Attorneys Pees and Cost) for Claim # 200904GL, in the matter of Jamison Fleming v. Monroe County. Board granted approval of a Risk Management settlement in the amount of $28 ,706.77 (inclusive of Attorneys Pees and Cost) for Claim # 200700GL, in the matter of Celeste Bruno v. Monroe County, 07-CV-10117. Board granted approval to accept renewal with " PIS to provide Portable Equipment and Emergency Apparatus Insurance. Board granted approval and authorized execution of a Contract Amendment between Monroe County and Interlsk Corporation to include consulting services on an as needed basis in the areas of Workers' Compensation and Risk Management and exclude services related to Employee Benefits. 177 Board granted approval to accept a proposal with Gallagher Benefit Services, Inc. to provide Employee Benefits Consulting Services and authorized execution of sane. Board granted approval of various resolutions for the transfer of funds, receipt of unanticipated revenue, and rescinding. Rescinding Resolution No. 206-2010 ({FMB Schedule Item No. 1). RESOLUTION NO, 2 3-2010 Said Resolution is incorporated herein by reference. Rescinding Resolution 207-2010 (OMB Schedule Item. No. 2). RESOLUTION NO. 2 4-2010 Said Resolution is incorporated herein by reference. .Amending Resolution No. 008-2010 (OMB Schedule Item No. 3). RESOLUTION NO.265-2010 Said Resolution is incorporated herein by reference. Amending Resolution 009-2010 (OMB Schedule Item No. 4). RESOLUTION NO.266-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item. No. 5), RESOLUTION NO.267010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 6). RESOLUTION NO. 268-201.0 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 7). RESOLUTION NO, 269-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 8). RESOLUTION NO.270-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated (OMB Schedule .Item No. 9) RESOLUTION NO.271-2010 Said Resolution is incorporated herein by reference. Trar s fer of Funds (OMB Schedule Item, No. 10 RESOLUTION NO, 272-201. Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 11 W1001 RESOLUTION NO.273-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item. No. 12) RESOLUTION NO.274-2010 Said Resolution is incorporated herein by reference. Receipt of `unanticipated Funds (OMB Schedule Item No. ) RESOLUTION NO.275-2010 Said Resolution is incorporated herein by reference Receipt of Unanticipated Funds (OMB Schedule Item. No. 14). RESOLUTION NO.276-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 15). RESOLUTION NO.277-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 16). RESOLITTION ISO.278-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 17), RESOLUTION NO.279-201.0 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 18). RESOLUTION NO.280-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 19) RESOLUTION NO.281-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 20) RESOLUTION NO.282 -201.0 Said Resolution is incorporated herein by reference. Receipt of Unanticipated Funds (OMB Schedule Item No. 2 I ) RESOLUTION NO.283-2010 Said Resolution is incorporated herein by reference Receipt of Unanticipated Foals (OMB Schedule Item No. 22). RESOLUTION NO. 284°""`201 Said Resolution is incorporated herein by reference. W916 Receipt of Unanticipated Funds OMB Schedule Item. No. 3). RESOLUTION No. 285.2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item No. 24). RESOLUTION No, 2 6-2010 Said Resolution is incorporated herein by reference. Transfer of Funds (OMB Schedule Item. No. 25) RESOLUTION NO. 287-2010 Said Resolution is incorporated herein by reference. Receipt of Unanticipated (OMB Schedule Item No. 26) RESOLUTION NO.288.2010 Said Resolution is incorporated herein by reference. Board authorized the Mayor to execute a Certificate of .Acceptance of Subgrant .Award for the Monroe County Jail Incarceration Program., using funds granted by the Florida Department of Law Enforcement for the Residential Substance ,Abuse Treatment (RSAT) program, for the period from September 1, 2010 through August 31, 2011. Board authorized the Mayor to execute a Contract with the Guidance Care Center for the Monroe County Jail Incarceration Program, using funds provided under the FDLB Residential Substance Abuse Treatment Grant, for the period from. September 1, 2010 through .august 31, 2011. Board granted approval of .Award of Bid and authorized execution of a Contract between Monroe County and Hi-Lite Markings, Inc, for the Taxiway "A" Marking Protect at the Florida Keys Marathon Airport, in the total amount of $49,995.00. Board granted approval of a Consent to Assignment of the Lease Agreement for the West Bay of Hangar One at the Florida Keys Marathon Airport from. David P. Rice, Assignor, to Steven Strobbe, assignee. Board granted approval to "partner" with the Florida Keys Council of the Arts to pursue an .ArtReach audience development grant being submitted by Artists in Paradise. Board granted approval to enter into a one-year residential Lease .Agreement with a Monroe County Sheriff's Deputy to reside in a Monroe County -owned residence Location C . Board granted approval to exercise the second and final renewal option of the Contract between Monroe County and FB&G Environmental Services, LLC, for beach cleaning, maintenance & beautification of Higgs Beach, Key West. M# Board granted approval of Award of Bid and authorized execution of a Contract between Monroe County and Weathertrol Maintenance Corp. for Diddle Keys facilities central air conditioning requested maintenance and repair. Board ratified a previously executed Federal Aviation Administration Grant to provide funding to "Conduct Utility Master Plan; Improve Airport .Drainage (Phl Design); Rehabilitate Apron. (Ph 1 Design); and Construct Terminal Building (Reimbursement), Ph4b" at the Key West International Airport. Board ratified a previously executed Federal Aviation Administration Grant to provide funding to "Improve Utilities Grater and serer lines) Ph 1 Design; Improve Taxiway Markin s y g and fighting; and Conduct wildlife Hazard Assessment" at The Florida Keys Marathon Airport. Board granted approval of Purchase Service order ##09/ 10/ 15 between Monroe County and URS for Pavement rehabilitation for Aircraft Parking Areas and Connections at the Key West International Airport. Board granted approval of Purchase Service order #09/10/16 between Monroe Count and URS for Drainage study, plans and specifications for rehabilitation of the Air Carrier Ramp, including connecting taxiways ##9, ## 10 and # 11 at the Ivey West International Airport. Board granted approval of Purchase Service order #09/ 10/29 between Monroe Count and URS to prepare plans and specifications � P ep P p cations for the installation of a baggage handling elevator at the Ivey West International Airport. Board granted approval of Purchase Service Order #09/1.0/34 between Monroe Count and LTRS to conduct a Wildlife Hazard Assessment to identify hazardous wildlife attractants and species utilizing The Florida Keys Marathon Airport. Board granted approval and authon*zed execution of a Grant Agreement from the Florida Energy and Climate Commission (Grant #ArS010) pursuant to American recovery and Reinvestment in the amount of $2,687, 88.00. Board ,granted approval to enter into an Agreement between Gila Corporation d/b/a Municipal Services Bureau (MSB) and the Board of County Commissioners and the Board of Governors of Fire and Ambulance District 1 for the collection of outstandingground and ambulance �` d air a ance transport account receivable balances, effective October 1, 2010 through September 30, 2011 with two additional one (1) year renewals. .Board grated approval of a revised Supply List made part of the Food Service Contrac t between GA Food Service, Inc. and the Board of County Commissioners. The company P y revised their supply list on 11512010 to reflect minor changes n the pricing �-g p g of two items on the List, due to a change in their suppliers. Monroe County Supply Order Sheet Effective Site: Delivery Date: Quanta Cost Code Item Description $88.90 D1 14A Reg, Coffee, 160/CS $98,9D D 115 A-% Decaf. Coffee, 160/CS $2.60 D800 Tea Bags, 1 C BG/BX $18.25 D820 Instant Tea, 50 30Z BG/CS ............... $7.25 F170 French, 2 C/CS $7.00 F1 80 Italian, 2 C/CS $9.55 F240 Ketch u , 500/CS $7.90 F251 Mayo, 500 /CS $6.85 F259 Relish, Zoo/case $11.85 $3.90 F260 F290 Mustard, 500/CS Pepper, 1 M/BG $1.95 F300 Salt, 1 M/BG $21.25 F31 0 Sweetener, 3 M/CS $11.90 F320 Sugar, 2 M/CS $6.8o F340 Tartar, 2 C/CS $14.05 G255 Oleo, 1,080/CS (PATS) $12.75 K030 Paper Bag§,, 5 C/BD $14.95 K060 Poly Bag (T Sack), 900/CS $21.90 K090 Poly (Sandwich) Bags, 2M/BX $18. 90 K200 8 oz Cu- s, 1 M/CS $8.10 K290 Forks, 1 M/CS $8.10 K300 Knives, 1 M/CS $8.10 K320 Spoons, 1 M/CS $5.80 K380 Gloves, 1 C/PK $3.05 K400 White Hair Covers 1 00/pacm $24.25 K435 4/1 Kit (Plastic ware 500/box) $28. oo K580 Can Liner, 250 EA/CS $5.75 K61 0 Na kins, I PACK contains 375 $18. 5o K660 6" Plates, 1 M/CS $11.92 ............................... K690 Placemats, 1 M/CS $1. 95 K740 Straws, 5C/BX $38. 5 K800 Hands Wipes, 1501box $2.48 L010 Bleach, 1 GL $2.85 L360 Detergemt, 1 QT $14.05 G290A 8 oz Low Fat Milk (1,/2.p_!.9tsj. 70/cs. $14.15 D202 SS MILK, UHT, 27/CS $9.70 F182 Lemon Juice, 200/Carton $10.75 F400 Saltines, 500/CS $5.35 K41 0 Overseas Hatjoo/cs $31.10 1010 Apron, 1 OO/BX *Price changed due to packaging as of 115110 the supplier changed the quality of the product to a better quality product. PLEASE DO NOT ALTER TM5 FORM, AS THIS FORM M CUSTOMEFMONTRACT SPECIFIC. IF AN ITEM YOU NEED 13 NOT ON THIS UST, PLEASE GET AUTHORIZATION FROM THE PROGRAM DIRECTOR PRIOR TO REOUESTWG WE ADD THE ITEM TO THIS LIST, IF THE ITEM YOU REQtWST BE ADOED TO THE LIST IS 40T PART OF YOUR COMMACT, THE ITEM WILL BE ADMD AT A COST TO THE PROGRAM. € I iDkf f N . % SS 1 1 Is I N kls% W if: ;0 vpf.'t 3 is I FOR FOOD SERVICE AGREEMENT - f f- THIS AGREEMENT, made and entered into this' O day of May,2009 by and between MONRoE COUNTY, a political subdivision of the State of Florida, 1100 Simonton Street, Key West, PL. 33040 (hereinafter called "County"'), and G.A. Food Service Inc a Florida corporation whose address is 1220032 d Court North St. Petersbur Florida (hereinafter called "Contractor") Ik . WHEREAS, County desires to utilize the food preparation facilities and delivery systems of the Contractor for the purpose of providing meals for senior citizens participating in the older Americans Act Title 111_C Nutrition Program (hereinafter called "Program") and for residents of Bayshore Manor; and WHEREAS, Contractor desires and is qualified to provide the meals and services needed by County for the Program; NOW, THEREFORE, the parties agree as follows: 1. THE CONTRACT The contract between the County and the contractor, of which this agreement is a part, consists of the contract documents, as specified in paragraph 2. 2, THE CONTRACT DOCUMENTS The contract documents consist of this Agreement, the specifications, all change orders and/or substitutions, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the Contractor's bid proposal dated March 232009 and all required insurance documentation. 3. SCOPE OF THE WORK The Contractor shall provide all necessary supplies and equipment required and perform all of the work and services described in the Request for Bids entitled: ,OD SERVICES AND MEAL CATERING FOR MONROE COUNTY NUTRITION PROGRAM AND BAYSHORE MANOR which shall include A. Providing meals according to the specifications which are attached hereto and incorporated by reference. The Contractor may, upon request of the County, make substitution for the items on the regular menu, according to the terms specified herein. The number of meals shall not exceed 50% above the maximum estimated number. If the County desires additional meals over and above the 5)0%, County shall notify Contractor in advance. B. Providing individual service site orders no later than Friday two weeks prior to the delivery date. l fy Dk-_,,+,1vcries i'rozen men w, is '111 ltc made to ectch (h__ I..t­j site7i'lcrited meite V m" _Kly. c) Y sh�L fie, Sites chaacc. Zn 'Ie -1 lie, e a--t L Delivery !,"�".131,3dtfle will be subJecL to [lie 1-101idar; .-f �i wl ty tilPro rn-i sli11nt;fy Comractor of the dates. �'X Contractor shill train County's staff on any new, or spck.ial handling -of nic.=-ils I because of packaging or other requirements. necess tatect 1 :!7 4, THE CONrRACT AMOUNT The County shall pay to the Contractor for the f iiilhful performance of the Contract, in lawful money of the United States, as follows _$3.17 per meal for all meals; acid the dollar amount for supplies as indicated in the Supply List. 5. CONTRACTOR"S ACCEPTANCE OF CONDITIONS A. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the description of the meals to be provided and the service to be provided. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor. B. The passing, approval, and/or acceptance by the County of any of the services furnished by the Contractor shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor, immediately after Notice to Correct shall entitle the County, if it sees fit, to correct the same and recover the reasonable cost of such replacement from the Contractor, who shall in any event be jointly and severally liable to the County for all damage, loss, and expense caused to the County by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 6. TERM OF CONTRACT/RENEWAL A. This contract shall be for a period of seven (7) months, commencing June 1, 2009, and terminating December 31, 2009. B. The County shall have the option to renew this agreement with 30 days notice to contractor prior to the end of the term. This option may be exercised twice for one-year terms. C. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics for the previous year using the month of October closest to the renewal date. 7, HOLD HAWN'ELESS 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 of 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's 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 (S 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. The provisions of this section shall survive the expiration or earlier termination of this agreement. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 9, ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 10. ASSIGNMENT/SUBCONTRACT The Contractor shall .not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem. necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. [finless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the board in addition to the total agreed -upon price of the services/goods of the contractor. It, COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, riles and regulations shall constitUte a material breach of this agreement and shall entitle the Board to ten-inate this contract ii mediately- Lipon deliN ery of vv ritten notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these speci ficatioi s thr oi.i11oi.it the term of this contract. 12, INSURANCE Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-V, as assigned by the A.M. Best Company. Prior to execution of this agreement, and maintained throughout .roughout the life of the contract, the contractor shah furnish to the County Certificates of Insurance indicating the minimum coverage limitation as listed below A. General Liability -- include as a minimum." +� Premises operations Products and Completed operations ■ Blanket Contractual Liability +� Personal Injury Liability Expanded Definition of Property Damage The minimum limits acceptable shall be $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $ 100,000 per person; $300,000 per occurrence; and $50,000 Property Damage. An occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made Policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of 48 months following the termination or expiration of the contract. iVONROE COUNTY BOARD OF COUNTY COAliVISSIONERS iV U S`T BE NAB' IED AS ADDITIONAL INSURED, B. vehicle Liability — include as a minimum.: • Owned, Non -owned, and Hired vehicles The minimum limits acceptable shall be $ 100,000 Combined Single Limit. If split limits are provided, the minimum limits acceptable shall be: $50,000 per Person; $ 100,000 per occurrence; and $25,000 Property Damage. ,11O ROE COU,vTY BOARD OF COUNTY C0,1411IS'S'.�ONERS MUST BE NA.HED AS ADDI TIN vAL L rSURED, C. workers Compensation -- limits sufficient to respond to Florida Statute 440. n addition. the Contractor shall obtain Einplovers' Liability Insurance ce \�'ith limits of not less than: S 100.000 Bod i t ,�- I j ury bN Accident S500.000 Bodily- Injury by Disease. policy limits 100.000 B dill 111j L11A by Disease. each em plovee All coverages shall be provided. If the Contractor has been approved by Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of authorization issued by the Department of Labor and Certificate of Insurance, providing details on the Contractor's Excess Insurance Program.. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County. 13, PROFESSIONAL RESPONSIBILITY The Contractor warrants that it is authorized by later to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents. The Contractor shall at all tunes exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the County is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 14. NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following. - FOR COUNTY County Administrator Gato Building 1100 Simonton Street Key West, Pl 33040 and Sheryl Graham, Director Monroe County Social Services l 100 Simonton Street Key West. FL 33040 FOR CONTRACTOR —G.A. Food Service, Inc. 12200 3?"d Court North _St. Petersburg, PL. 33716 15. C.-.kNCELLATIO "X) In the event that the contractor shall be fo nd to be negliTent or deficient in and aspect of operation maintenance. repair. or ser, ice. the County shall have the right to terminate this a.l.reernent after five 5) daN,-s x� ritten notification to the Contractor. 13Either of the parties hereto rna� cancel this ao�reen ent N ithOLlt cause b�,Y � iV i ty the other Party thi rt - 3 ) dads �. ritten notice of its intention to do so. 16, GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, FEES This Agreement shall be governed by and construed in accordance with the la v s of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instigated for the enforcement or interpretation of the Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in 'Monroe County, Florida. This Agreement shall not be subject to arbitration. The County and Contractor agree that, in the event of conflicting interpretation of the terms or a term of this agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. 17. RECORD EPING Contractor shall maintain all boobs, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. All such documents shall be retained for a period of 5 years. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor or not paid to County pursuant to this Agreement were spent for purposes not authorized by this Agreement or wrongfully retained by Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were to have been paid. 18, S VERABILI'TY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terns, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining terns, covenant, condition and provision of this .Agreement shall be valid and shall be enforceable to the fullest extent p errnitted � 1 i ■ 7 by lam unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement Would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a N alid provision that comes as close as possible to the intent of the stricken provision. 190 ATTORN EY'S FE ES A D COSTS -fhe Coi.iM' and Contractor agree that in the event ativ cause of action or administratiVe proceeding is initiated or defended bN- anv part" relatiV to the enforcement or i tei retation of this koreenient. the prey ailing part shall be entitled to reasonable � ttorne�_•s te�.�s. coiii�t costs. investi.l.atiN e. and out-of-pocket expenses. as an a Nand against the iron -prevailing party-. and shall K 11 clL de attorney's eCS. COUrt costs. investigative. and Ot-Of-p cket expenses in appellate proceedinuts. Mediation i roceedinos initiated and condi.icted p i-s cant to this .(green ei t shall be 6 Y in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 20, BINDING EFFECT The terms, covenants., conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 21, AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 22, CLAIMS FOR FEDERAL OR STATE .AID Contractor and County agree that each shall be, and is, empowered to apply for, seep, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 23, ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of Paragraph 15 concerning cancellation. 24, COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Col my and Contractor agree that there shall be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this ikareement a itornatically terminates m. ithout an-v, farther action on the part of a iv part-. OffectiN-e the date of the court order. Courtly or Contractor agree to co 1pl�,- k�'ith all Federal and Florida statutes, and all local ordinances. as applicable. relating to nondiscrimination. These include b t are not 11mited to: l Title Vf of the Ci�-il R*(,Tllts : ct of 1964 PL s- 3 5 2 xN'h c h prohibits discrimination on the basis of race. color or rational origin: 21) _title X of the Fd cation Amendment � f l 1)7" as amended ded 0 -S�` ss. 68 l - 683, and 1685 -� 1686). N Mich prohibits discri -nination on the basis of sex: 3 Section 504 of the Rehabilitation itation Act of 1973, as amended 20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1 75, as amended 42 USC ss. 6101-6107 which prohibits discrimination on the basis of age; 5 The .Drug Abuse office and Treatment Act of 1972 PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and rehabilitation Act of 1970 PL 91.616 as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism.; 3 7 The .public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 90ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8 Title V111 of the Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 MSC s. 1 ?01 Noteo, as maybe amended from time to time, relating to nondiscrimination on. the basis of disability; 10) Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Monroe County Code Ch. 13, Art. v1, prohibiting discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age. 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of , this Agreement. 26, COVENANT OF No INTEREST County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 27, CODE OF ETHICS County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statues, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 28, NO SOLICITATION/PAYMENT The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee commission, percentage, gift. or other consideration contingent upon or resulting from the aNvard or making of this Agreement. For the breach or N-iolation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement k�,ithout liability. and, at its discretion, to onset from nionies ok�ed. or otherwise recover. the full a nOUnt of such fee. commission. percentaize, gl t, or consideration. S _�9. PTJB1, C ACCESS . is ��o ii ' � tacl Contractor steal sallow -,Tid pert� it reasoi a ble i cccss to. and in ���i 0 do�:uineiats. 1)�gr)crs, lct ers or other materials ials ii it�� oss ssloi or ui d=:i- s coi ti-ol siib ect o me nrovisions of Chapter 119, Fl()Y da Statues. and i �Ic e or i-eceivccl big the County and Coiatr(a :tor in co iw c it-,)n with this A grce a ient; and the COUn y shall have the r 1 t to wi ate gal v this Agreement upon violation of this pr ovi s ion by Coitractor. 0. NON -WAIVER of IMMUNITY Notwithstaiiding the provisions of Sec. 768.28, Florida Statues, the ji.articipation of the Coctiaty � i11d the Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability iiasUrance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. 32. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laves, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers agents or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers agents, volunteers, or employees outside the territorial limits of the County. 32. LEGAL OBLIGATIONS .AND RESPONSIBILITIES Non -Delegation of Constitutional or Statutory Duties. This .Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by and participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case laver. 33, NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of therm, of the .Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this .Agreement. 34, ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, An Ethics Statement, and a Drug -Free Workplace Statement. 9 ..E t 3 'p � T 7 . "� � � � l i � ' t '! l 'i � "Y "'R � .,� i � x 7.'* r Y � r �'� � �' s ` .. � p'"1 �.�. 'f €" ��o coy e� a �t tr � avrconl.t .tc z herci s4al be dl�cl r�e(J o he ac �-� �. i.f:lt EV��. �����r �¢ �fj 0 i�, k��Y ieniber. oificei. 1 (len o wk� � ���.��'eL of �3 l ;e �`�1�u ty it ,10" V - �� � �'a0i�ri��3[� ',�#i ;witN�. iio ncinberl, officer. i-tEo'ent ot- t. iif)'Jom7ee sir Monroc County shall -)e i=,€pie pei-sckn l ly on =iris �,).cyrcenient or Ise SUb ect to any p..-sonf l liability or���•e��u� tab'it b ° -eE����� of the �: �ec��tio Of t leis Agreeni-e A. This Agreement may be executed in any number of counterparts, each of \ hich shall be regarded as an original all of which taken together shall constitute one and the saine instrument. Any of the parties hereto may execute this Agreement by signing such counterpart. 37. SECTION HEADINGS .Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this .Agreement and will not be used in the interpretation of any provision of this Agreement. 38, CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is p contingent upon an g annual appropriation by the Monroe County Board of County Commissioners and the obtaining of grant funding for the .program. 39. BILLING .AND PAYMENT The Contractor shall render to the County an itemized invoice properly dated, describing the services rendered, the cost of the services, and all other information required. The County shall only reimburse, subject to the funded amounts, those reimbursable expenses which are reviewed and approved as complying with this agreement. The Contractor's final invoice must be received within 30 days after the termination date of this contract. The original invoice shall be sent to: Monroe County Nutrition Program., 1100 Simonton Street, Key 'west, Fl. 33040. 10 L -4 ficreto h-tv(� executc-d flik AL!weiiieiv on the cl,iv fliiid kic first IN W1T\,."ESS W"HEREOF Jie--garties -or the O'diff 014ttkeach of wll'ch shall, N'v'thiut proof 'Ic - I Itel 'hove in six (6�. 01 OU 1.1 i il f . . . ...... - counterl),f,irts, be, _NTY COMMISSIONERS (S EAL) BOARD OF CO, L' Attest: I.) ANNY L. KQL� OF MONROE COUNTY. FLORIDA. . ..... 4ny..44 )4o44o e94 C7 B 31: By. 001f" Deputy Clerk M,,iyor/Chairunan Date.- PRAY 2 o 2009 (SEAL) Attest/Witness By: Name P ted-, 'lox tin B y: Nam -Printed: — Rosalind., H...--..-.DaysQn CONTR CTO.P%)) S J. Bianco Title-, I es .dent N1 0 N R 0 E C 0 Uhl TY ATTO R N E`/k AfP D AS TO FORM: ,HRjSf1_ G M_ -1,48ERT-13ARROWS ISSISTANT 00 0'at a UNTY ATTORNEY