Item C09
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
12/16/09-12/17/09
Division:
CAD
\
~
Bulk Item: Yes X
No
Department: _Social Services / Nutrition
Staff Contact PersonlPhone #: Ellen Caron X4522
AGENDA ITEM WORDING:
Request approval of Amendment to Agreement between the Board of County Commissioners and GA
Food Service, Inc., which renews the Agreement for another year at a price of$3.30 per meal.
ITEM BACKGROUND: GA Food Service Inc. is the vendor which provides the meals 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:
Approval of the Agreement between the BOCC and GA Food Service, Inc. on May 20,2009.
CONTRACT/AGREEMENT CHANGES:
The price per meal increases from $3.17 to $3.30.
STAFF RECOMMENDATIONS:
Approval.
TOTAL COST: $175,000 INDIRECT COST:
BUDGETED: Yes ~No
COST TO COUNTY: $25,000 - Bavshore SOURCE OF FUNDS: General Revenue Fund
$0 - Nutrition Program Reimbursed under the Older Americans Act /
American Recovery & Reimbursement Act
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: Connty AttyJ!? OMBlPurchasing _ Risk Management _
DOCUMENTATION: Inclkd X NotRequired_
DISPOSITION:
AGENDA ITEM #
Revised 1/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: GA Food Service Inc, Contract #_
Effective Date: January 1,2010
Expiration Date: December 31,2010
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 December 16, 2009 Agenda Deadline: December 1, 2009
CONTRACT COSTS
Current Year Portion: $
001-61504-530491-_-_
125-6153110-530491-_-_
125-61532.10-530491-_-_
125-6153709-530491-_-_
125-6153710-530491
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
Total Dollar Value of Contract: $ 175,000
Budgeted? Yes[3J No D Account Codes:
Grant: $ $150,000
County Match: $ In-Kind
CONTRACT REVIEW
o/~
Division Director /...
RiSk~na~~~~~ ~:f~; y esO NO~
O.M.B./Purchasmg ~nc; YesD No51
County Attorney Y esD No~
Changes
Needed
YesD No
Date Out
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO AGREEMENT
Monroe County Nutrition Program
THIS AMENDMENT made this 16th day of December 2009, by and between the Board of
County Commissioners of Monroe County, Florida, a political subdivision of the State of Florida,
hereinafter called "County," and GA Food Service, Inc., a Florida corporation whose mailing address is
12200 320d Court North, St. Petersburg, Florida, hereafter called "Contractor."
WITNESSETH
WHEREAS, the parties hereto did enter into an agreement dated May 20,2009, for the provision
of meals for the Monroe County Nutrition Program's congregate and home-delivered meals programs and
for Bayshore Manor operated by Monroe County; and
WHEREAS, said agreement provided 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:
1. 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 1,2010, and shall extend through December
31,2010.
3. Paragraph 4 of the contract entered into on May 20,2009, shall be amended to provide for the
cost per meal to be $3.30 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 2010.
5. 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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
(SEAL)
Attest:
GA FOOD SERVICE, INC.
By:
By::
Secretary
President
r- . 1- }-:;Cp~DO
,~;S.IS.T.iVJT rou' T'y' :c-Tr'~'",..-.v. '. ~ ~
Date _.._~_~ ~ ,!.\ . U;1,H:: f U ,ct 'f
-~"-""'~ u.. .... ....."n.. 0
CONTRACT (AGREEMENTI
FOR FOOD SERVICE
AGREEMENT
tf
THIS AGREEMENT, made and entered into this]0 day of May, 2009, by and between MONROE
COUNTY, a political subdivision of the State of Florida, 1100 Simonton Street, Key West, FL. 33040
(hereinafter called "County"), and G.A. Food Service, Inc, a Florida corporation whose address is
12200 32nd Court North, St. Petersburg, Florida (hereinafter called "Contractor")
WITNESSETH:
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 III-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 ofthis 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 23, 2009
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:
FOOD 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 50%, County
shall notify Contractor in advance.
B. Providing individual service site orders no later than Friday two weeks prior to the delivery date.
C. Ddivcries (I! (ruzen meals win ~,c made to each dc'igyated me;:] site v,(o:kly. COl;my shan Iv<ify
contracLUr It the sites cl:angc.
0. Deliver' ~ >ollle will be SllbjcC:l to the holiday.'; ,~J ,he County ;md Program sh:dl;rnify
Conlractor 0 i' dIe dates,
E. Contractor shall train County' staff on any new equipment or speci::1l handling of me;ils
necessitated hecause of packaging or other requiremcllb,
-t THE CONTRACT AIVIOUNT
The COUllty shall pay to the Contractor for the f:iirbful performance oj the Contract, in lawful
money of the United States, as follows:
_$3.17 per meal for all meals; :111d
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/RENEW AL
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 HAR~ILESS
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
.2
negligence, errors, or other vl'Tongful 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 trom such delay.
The tirst ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnitication
provided for above. The extent of liability is in no .way limited to, reduced, or lessened by the
insurance requirements contained elsewhere vvithin this agreement. The provisions of this section
shall survive the expiration or earlier termination of this agreement.
8. 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. Unless 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.
11. CO~IPLIANCE WITH LA \V
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 ot~ such services,
including those no\v in effect and hereinafter adopted. Any violation of said statutes, ordinances.
rules and regulations shall constitute a matt:rial breach of this agreement and shall entitle the Board
to tel111inate this contract immediately upon deli\ ery of \\fitten notice of tel111ination to the
contractor. The contractor shall possess proper licenses to pert0l111 \york in accordance \yith these
specitications throughout the tenn of this contract.
,
-'
12. INSL'RANCE
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- VI, as
assigned by the A.NI. Best Company. Prior to execution of this agreement, and maintained
throughout the life of the contract, the contractor shall 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 tiled 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.
It/ONROE COUNTY BOARD OF COUNTY COil/MISSIONERS MUST BE NAil-'/ED 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.
JJOSROE COUVTY BOARD OF COC;;\/TY CO,lLlHSSIONERS JJUST BE iVAil-'/ED
AS ADDITIOiVAL LVSC;RED.
C. \Vorkers Compensation - limits sufticient to respond to Florida Statute 4..+0,
In addition. the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
S I 00.000 Bodily Injury by Accident
S500.000 Bodily Injury by Disease. policy limits
S 1 OO.UOO Bodily Injury by Disease, each employee
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 ofInsurance, 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 tinancial statements
from the fund upon request from the County.
13. PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law 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 times 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, FI 33040
FOR CONTRACTOR
G.A. Food Service, Inc.
-12200 3211d Court North
_St. Petersburg, FL. 33716
and
Sheryl Graham, Director
Monroe County Social Services
1100 Simonton Street
Key West. FL 33040
15, CA~CELLATIO~
A) In the e\ent that the contractor shall be found to be negligent or Jdicient in any aspect of
operation maintenance. repair. or service. the County shall ha\e the right to tenninate this
agreement after tive (5) days written notitication to the Contractor.
B) Either of the parties hereto may cancel this Clgreement \\ ithout cause b:- giving the l)ther
party thil1y (30) Jd:- s \Hitten notice of its intention to do so.
:\
16. GOVE&~ING LAWS, VE~LE, INTERPRETATION, COSTS, FEES
This Agreement shall be governed by and construed in accordance \vith the laws 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 instituted 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 ~Ionroe
County, Florida. This Agreement shall not be subject to arbitration.
The County and Contractor agree that, in the event of cont1icting 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. RECORDKEEPING
Contractor shall maintain all books, 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. SEVERABILITY
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 terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law 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 \\ith a
\ alid provision that comes as close as possible to the intent of the stricken provision,
19. A TTOR:\EY'S FEES A:\D COSTS
The County Clnd Contractor agree that in the c\ent any cause of Clction or administrative
proceeding is initiated or defended by any pmt) relati\\.~ to the enforcement or interpretation of
this .\greement. the pre\ ailing party shall be entitled to reasonable attorney's tees. court costs.
imestigatiw. and out-of.-pocket e:\penses. as an a\\ard against the non-pre\ailing party. and shall
include attorney's fees. court costs. in\cstig;Hi\e. Clnd out-of-pocket c:\penses in appellate
proceedings. \kdiation proceedings initiated and conducted pursuant to this. \grecmcnt shall be
6
in accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
20. BI~DI~G EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benetit 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, seek, 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.
25. ~O~DISCRI~II~A TIO~
County and Contractor agree that there shall be no discrimination against any person, and it is
expressly understood that upon a detetmination by a court of competent jurisdiction that
Jiscrimination has occurred. this Agreement automatically terminates \\ ithout any further action
on the pm1 of any pat1y. dfecti\e the date of the cout1 order. County or Contractor agree to
comply with all Federal and Florida statutes. and all local ordinances. as applicable. relating to
nondiscrimination, These include but are not limited to: I) Title \"r of the Ci\i! Rights Act of
196-1- (PL 88-352) \\hich prohibits discrimination on the basis of race, color or national origin: 2)
Title IX of the Education ..\mendment of 1972. as amended CO LSC ss. 1681-1683. and 1685-
1686). \\ hich prohibits discrimination on the basis of sex: 3) Section 50..+ of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), vvhich prohibits discrimination on the basis of
handicaps: 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) vvhich
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:; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3
and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.) as amended, relating to
nondiscrimination in the sale, rental or tinancing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 120 I 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 \vhich may apply to the parties to, or the subject matter of, this
Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the basis of
race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age, II) 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, cont1icting
employment or contractual relationship; and disclosure or use of certain information.
28. NO SOLICIT A TION/P A YMENT
The County and Contractor warrant that, in respect to itself: it has neither employed nor retained
any company or person, other than a bona tide 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 tilm, other than a bona tide employee working solely for it, any fee,
commission, percentage, gift. or other consideration contingent upon or resulting from the a\'iard
or making of this Agreement. For the breach or violation of the provision, the Contractor agrees
that the County shall have the right to terminate this Agreement \v ithout liability and, at its
discretion. to offset from monies owed, or otherwise recover. the full amount of such fee.
commission. percentage. gift. or consideration,
s
::'9. PTJBUC r\CCESS
j he COlin and Contractor ~,l1all :111ow ;,nd permit reasonable :1CCl'<;S tCl. and illspection of. all
documents pupers, letters or O!llCl' materials in it, pos~~cssion or under JlS control subject to the
provisions uf Chapter] 19, Florida Statues. and m:llie or received by the County and Contractor
in conjunction \vith this Agreen:ent: and the County shall have the right to unilaterally CIIlCc]
this i\greeme11t upon violation of this prmision by Contractor.
30. :"JON- W AfVER OF IM.MUNITY
Not\vithstanding the provisions of Sec. 768.28, Florida Statues. the p1rticipatioll of the County
and the Contractor in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance 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.
31. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, 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 perfonnance 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 law,
33. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, 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
."!,~. NO 2ERsorc~/,L LIABILIT)i
>Jo co\'enant L;r agrcc;l1lfn1 co"tail,:..'d herein shall he deemed to be a c):cn::nt or ,lpTccmC:f)1)i
any member. pificer. ,'gem or ~JI)pJnyce of i\lonrce ("lmty in his or her ldi\idual capaci[y, :11]:1
no member, officer. agent m (~nmJoyee of Monroe C.J11l1ty shall be );:,111e persc.n::lly on ihis
,\.greement or he subject to any jJ2rsonalli<1bility m :ll'colllltabiJity by rca:-,C)l) of the execution of
this Agreement.
36. EXECUTIO:\f IN COUNTERPARTS
This ^greement may be executed in any number of counterparts, each of \'vhich shall be regarded
as an original all of which taken together shall constitute one and the salllC instrument. Any of
the parties hereto may execute this Agreement by signing such counterp~nl.
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 he
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 contingent upon an
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
fN WIT><ESS WHEREOF ,11fcPi1L~ies hereto h~l\e exccukd this ;\t'leelllcnt 0:1 the d:1V :;nd dDte first
tlen :dwve in six (61;f.pft'lIrt:iti1il~~{~>each which ,~hJll, \\it!Y1Ul proof or accoulllins for the Other
Coullterp:-:.rts. be dee1l1ect):tl.{(~r~~/" ki2o~i~\act.
~ p /..".
,~'. ' ...<.'2. 1/ .cj?) 'cO'
( 'E AL) i., i'.. 'If /) ','
.:) ~,"'\. . '.'.' "'~','" I~-";:C'-_. . .
'," t~ _ - '.- ~,~ 1..' \ -', '.___ -l
/\ttt'st: DANNY L. KalHt~BB~\tLERt
',', <_,' .,:," /'_ :'. e '; '_' .
'~~.
By: ~ 1 . " "" - .'
Deputy Clerk
Date: MAY 2 0 2009
(SEAL)
Attest/Witness
By:
"-
'By.'
Na7Ji!;ted: I. 1
By: ~LtlL/')1Aj
NamLprinted: v Rosalind H. Dawson
BOARD OF COL]'JTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
/;-zit- ~. 'oJ.......5 e4--
By:
JVlayor/Chairman
Title:
MONROE COUf'HY ATTORNEY
A,PPRO' '1=0 ,AS TO FORM:
_ _q;..a~~I3~
CHRIS n EM. LlMBERT,BARROWS
i\SSISTANT COU:'-HY ATTORNEY
Date -bf-2fd1-
II
~
Site:
Monroe County
Supply Order Sheet
Delivery Date:
Quantity
Cost
$88.00
i $98.00
! $2.60
i $16.25
I
i $725
I Code
i 0114
I 0115
10800
i 0820
I F170
I Item Description
I Re . Coffee, 160/CS
Decaf. Coffee, 160/CS
I Tea Bags, 1 C BG/BX
Instant Tea, 50 30Z BG/CS
I French 2 C/CS
,
1$7.00 i F180 Italian, 2 C/CS
i i $9.55 F240 Ketchup, 500/CS
I $7.00 F251 Mayo, 500 /CS
$6.65 F259 Relish, 200/case r
$11.65 F260 Mustard, 500/CS
$3.00 F290 Pepper, 1 M/BG I
! $1.95 F300 Salt, 1 M/BG
, $21,25 F310 Sweetener, 3 M/CS
$11.90 F320 Sugar, 2 M/CS
$6.60 F340 Tartar, 2 C/CS
$14.05 G255 Oleo, 1 ,080/CS (PATS)
$12.75 K030 Paper BaQs, 5 C/BD
$14.95 K060 Poly Baq (T Sack), 900/CS
$21.90 K090 Polv (Sandwich) Bags, 2M/BX
$18.90 K200 8 02 Cups, 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 100/pack
$24.25 K435 4/1 Kit (plastic ware 500/box)
$28.00 K580 Can Liner, 250 EAlCS
$30.45 K610 Napkins, 5 C/PK
$18.50 K660 6" Plates, 1 M/CS
$11,92 K690 Placemats, 1 M/CS
$1.95 K740 Straws, 5C/BX
I $215.80 K800 Hand Wipes. 1000/ease (10 pes Of 100) Cannot Break A Case
I $2.48 L010 Bleach, 1 GL I
!
I $2.85 L360 Detergent. 1 QT I
I I
I $14.05
: $14,15
· $9.70
! $10.75
I
1$5.35
! $31.10
I G290A
10202
i F182
, F400
i K410
I K010
802 Low Fat Milk (1/2 pints) 70les.
SS MILK, UHT, 27/CS
Lemon Juice. 200/Carton
Saltines. 500/CS
Overseas Hat. 100/CS
Apron. 100/BX
!-
,",LEASE 00 ~OT kLTER T!'itS FOFlM, AS THIS FORM is GU"TOMERCC/o;j1RA(;r sf't'ClfK: if AN IY~M YOU 1'oEED IS NOT (;N Ti-l,S UST PLEASE GE: AU-rHGI'l'IZATIO,,-/ FROM THE PROGRAM t:'RE("-OR !-'R!':;R TO
REQuFSTING WE ADO THE ,T(M TO THIS LIST, IF THE ITEr.'; YOlJ REQUEST BE ADDEO TO 1HE LIST '50 "lOT PART Of YOUR CONTRACT. THE iTEM WILL 8E ADDED AT A COST T,) THE PROGRAM