Resolution 188-1986
Shirley Willer, Director
Bay Shore Manor
RESOLUTION NO. 188-1986
A RESOLUTION AUTHORIZING THE MAYOR AND
CHAIRMAN OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, TO EXECUTE
AN AGREEMENT BY AND BETWEEN MONROE COUNTY,
FLORIDA, AND FOOD SERVICE MANAGEMENT, TO
PROVIDE FOOD SERVICE FOR BAY SHORE MANOR.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
That the Mayor and Chairman of the Board of County Commis-
sioners of Monroe County, Florida, is hereby authorized to
execute an Agreement by and between Monroe County, Florida, and
Food Service Management, a copy of same being attached hereto,
to provide food service for Bay Shore Manor.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 20th day of June, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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BY: -
MAYOR/CHAIRMAN
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
8
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AGREEMENT
THIS AGREEMENT made and entered into on the 20th day of
June
, 1986, by and between MONROE COUNTY, FLORIDA,
hereinafter referred to as "County", and FOOD SERVICE MANAGE-
MENT, 812 Southard Street, Key West, Florida, hereinafter
referred to as "Contractor".
A.
1. PURPOSE: To obtain a contract for the food service
requirements of the County under the terms, conditions and
specifications contained in this document.
2. TERM OF THE CON1RACT: The Contract for food service
will be for an initial term of ONE (1) YEAR, beginning May 1,
1986. However, the County reserves the right to extend the
Contract for additional one year terms providing both parties to
the Contract agree to the extension(s), and the terms, conditions
and specifications remain the same with the exception stated
below, and any extension is approved by the County.
Exception: The cost of meals as bid and charged
to the County may be renegotiated on
an annual basis and effective on the
anniversary date due to the changing
cost of goods and materials - costs
are to be negotiated either down or up
depending on the economic conditions.
3. HOLD HARMLESS/INDEMNIFICATION: The bidder, herein
referred to as the "Contractor", agrees to protect, defend,
indemnify and hold harmless the County and its employees or
agents from and against any and all losses, penalties, damages,
settlements, costs, charges or other expenses or liabilities of
every kind in connection with or arising directly or indirectly
out of the work agreed to or performed by the Contractor.
Without limiting the foregoing, any and all such claims, suits,
or other legal action relating to personal injury, death, damage
to property, defects in materials or workmanship, actual or
alleged infringement of any patent, tradem~~~, copyright or of
any other tangible or intangible personal or property right, or
any actual or alleged violation of any applicable statute,
ordinance, administrative order, rule or regulation or decree of
any court, shall be included in the indemnity hereunder. The
Contractor further agrees to investigate, handle, respond to,
provide defense for and defend any such claims at his sole
expense and agrees to bear all other costs and expenses related
thereto, even if the c1aim(s) is groundless, false or fraudulent.
In order to afford further protection to the County against any
suit, suits, action or actions, damages or claims, the County
may, at is discretion, withhold any monies due the Contractor
until such suit or actions have been properly adjudicated or
settled and suitable evidence of such adjudication or settlement
is furnished to the County. Contractor will be responsible for
providing $500,000.00 of single limit of insurance which will
include Worker's Compensation, bodily injury and property damage.
Contractor further agrees to furnish a Certificate of Insurance
to the County which will name the County as an additional named
insured. It is expressly understood that the Contractor shall
not be responsible for damages caused by persons receiving the
services hereunder.
4. ASSIGNMENT OF CONTRACT: Neither this contract, nor any
portion thereof, unless otherwise authorized in this document,
shall be assigned without formal approval of the County. No such
approval will be construed as making the County a part of or to
such assignment, or subjecting the County to liability of any
kind to any assignee even if subcontracting is authorized within
this document or by the County. No subcontract shall, under any
circumstances, relieve the Contractor of his liability and
obligation under this contract, and despite any such assignment
the County shall deal through the Contractor.
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5. SUPERVISION OF CONTRACT PERFORMANCE: P~rformance under
this Contract shall be supervised by the County or its designee.
If at any time during the Contract period performance is
unsatisfactory, the Contractor, upon notification by the County
or its designee, shall increase the work force or take other
action as needed to perform properly the requirements of the
Contract without any additional cost to the County. Also, the
2
County reserves the right to terminate the Contract for reasons
of violations of the Contract or unsatisfactory performance/
service by giving thirty (30) days written notice.
6. NON-DISCRIMINATION: The Contractor agrees and warrants,
in the performance of the Contract, not to discriminate against
any person or group of persons on the grounds of race, color,
religion, national origin, sex or physical disabilities, unless
it is shown by such Contractor that such disability prevents safe
and timely performance of the work required herein.
B. SPECIFICATIONS: INFORMATION, RESPONSIBILITY
AND GENERAL REQUIREMENTS
1. FOOD
Contractor will provide food in bulk to BAY
SHORE MANOR ("Home") at 3200 West Jr. College
Road, Stock Island, Florida, 365 days per
contract year. Three meals per day shall be
served to residents of BAY SHORE MANOR and to
the staff. There shall be appropriate meals
for Sundays and holidays. The Director of
the Home will provide a monthly census for
meals to be served.
Each meal must contain a minimum of one-third
of the daily reconnnended dietary allowance
for adults 51 years of age and over as
established by the Food and Nutrition Board
of the National Academy of Science - National
Research Council. The types of food provided
daily are: entree, vegetable, fruit, mill,
dessert, juice, salad, beverage, condiments,
butter or margarine. (See attached for
further details.) Special diets must be
provided as ordered by the resident's
physician.
2. DELIVERY
Contractor will deliver the food in bulk to
the Home for each meal. Breakfast shall be
served between 7:00 A.M. and 8:00 A.M.; lunch
shall be served between 11:30 A.M. and 12:30
P.M.; and dinner shall be served between 5:00
P.M. and 6:00 P.M.
Containers used to transport foods must be
designed to assure that the following speci-
fications are met at the time of de1iv~ry:
a. Hot food shall be above 1600
Fahrenheit.
b. Cold food shall be below 400
Fahrenheit.
c.
Frozen food shall be 00 Fahrenheit.
d.
ture.
Neutral food shall be room tempera-
3
Food containers will be rinsed only with
water by Home staff. Washing and steriliza-
tion will be the responsibility of the
Contractor. Individual service to the
seniors will be the responsibility of the
Home staff.
3. MENUS
Contractor will write menus that are in
compliance with the daily recommended
allowance established by the Food and
Nutrition Board of the National Academy of
Science. (See attachment for further de-
tails).
Menus will be submitted to the Home Director
at least six weeks in advance of service.
The menus will be approved by the Director
and a certified nutritionist. Prior approval
will be obtained from the Director to make
substitutions within an approved menu.
4. SANITATION
Contractor will comply with federal, state
and local sanitation regulations. Proof of
sanitation inspection within the previous six
months will be requested. The Director will
inspect food preparation, packaging and
storage areas.
5. MISCELLANEOUS SUPPLIES
Miscellaneous supplies such as individual
serving trays, napkins, paper towels, and
silverware, will be provided by Bay Shore
Manor.
C. ADMINISTRATION
The County is tax exempt.
Contractor will make available financial records for audit
purposes; and supply the County with information for reporting
labor costs, raw food costs, food cost changes, insurance
coverage and bonding.
Training of Home staff in food handling procedures is the respon-
sibility of the Home Director.
D. MISCELLANEOUS REQUIREMENTS
The Contractor will be responsible for furnjshing and/or
performing the following:
(1) Pay all applicable taxes and licenses.
(2) Provide expertise, management, staff, purchasing power
for food and other required supplies, and preparation skills
for the consistent and orderly, timely service of meals.
(3) Inform the County of any failures, or loss of materials
or any other condition that will affect the preparation, storage
and service of meals.
(4) All food service MUST meet the health requirements of
the Department of Health and Rehabilitative Service Standards,
4
the current Recommended Dietary Allowance established by the Food
and Nutrition Board, National Research Council, adjusted for age,
sex and activity, and comply with all applicable provisions of
F.A.C. 33-8.
(5) Supervise the proper handling and loading of meals on
carts to be transported to the site.
(6) Possess all required licenses and permits.
(7) All personnel shall dress appropriately to provide food
service under good sanitary conditions, pursuant to FAC 33-8 and
Department of Health and Rehabilitative Services Standards.
(8) Contractor will at all times maintain an adequate staff
to provide competent exp~rienced management on a full-time basis
and must provide for vacation, sickness, resignations, and/or
discharges of personnel.
E.
1. AUDITING PROCEDURES: The County's authorized
representatives shall have access, at all reasonable times, to
all Contractor's books, records, correspondence, instructions,
receipts and vouchers pertaining solely to work under this
Contract for the purpose of auditing and verifying costs of work.
The County shall have the right to reproduce any of the aforesaid
documents pertaining to this Contract.
2. INVOICING AND PAYMENT: The Contractor shall submit
invoices in triplicate on a monthly basis. All such invoices
should be paid within thirty (30) days of receipt by the County
unless any item is in question in which case payment will be
postponed pending adjudication. The Contractor shall credit the
County for the .fu11 federal allotment for U.S.D.A. commodities.
3. WORKING CONDITIONS:
a. Compliance with State, Federal and Municipal Law.
The Contractor shall comply with all applicable City,
State and Federal Laws relating to wages, hours and all
other applicable laws relating to the employment or
-
protection of employees, now or hereafter in effect.
b. Fair Labor Standards Act. The Contractor is
required and hereby agrees by execution of this
contract to pay all employees not less than the Federal
minimum wage and to abide by other requirements as
established by the Congress of the U.S. in Fair Labor
Standards Act as amended and charged from time to time.
5
c. No person convicted of a felony within two (2)
years prior to employment shall be employed by the
Contractor.
d. The Contractor agrees to supply the County's meals
for patients at a cost of $2.25 per meal per person.
4. ENTIRE AGREEMENT: This instrument contains the entire
agreeme~t of all parties and may not be changed orally, but only
by an agreement in writing signed by the parties hereto.
.
.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement in Key West, Florida, as of the date first above
written.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
MAYOR/CHAIRMAN
(SEAL)
Attest:
CLERK
FOOD SERVICE MANAGEMENT
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APP OVED AS TO FORM
A LEGAL SUFFICIENf) l.l
BY... . (p r~1
Attorney's Office . ,
6
C.MINIMUM SERVICE STANDARDS.
1. MEAL PLANNING.
...
(7) Planned with consideration
for the following: .
. a. Special needs of the elder-
ly, such as the restricted. u'se of sugar.
salt and saturated fats.
b. Religious. ethnic. cultural
and regional dietary practices or
pre fer en c.e s 0 f the par tic i pan t s, i f
reasonable and feasible. .
. c. Food items within the meat,
vegetable, fruit, and dessert groups shall
be varied within the week and not
repeated' on the same days of con-
secutive weeks. . .
d. Variety of food and prepara-
. tion methods including color, combina-
tions. texture, s)ze, shape, taste and ap-
'pearance.
foods.
e. Seasonal availability of
f. Availabl~ equipment for
food preparation: '.
(d) Each meal served must provide
at least one-third of the Recommended
Dietary Allowances. Therefore, the
following meal pattern requirements are
established: :
(1) MEATOR MEAT ALTERNATE
GROUP. Three ounces of .cooked, edible
'portion of. meat, fish, fowl, eggs or
'cheese.' An equivalent amount ~f ~eat
altern'ates, individually or in cornblna~lon,
may be used occasionally for van~ty.
Meat alternates include cooked dned
beans, peas, lentils, nuts or nut butter.
AlternOltes for the protein in one ounce of
cooked lean meat include:
a. One-fourth Clip cottage
cheese.
b. One ounce cheddar cheese.
c. One egg.
d. One.half cup cooked dried
beans. peas or lentils. (Garbanzos, lima
beans. blaCk'eY~d peas,' pinto.be:ans; red
beans. etc.)
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butter.
o Two tablespoons peanut
(2) VEGETABLE AND FRUIT
GROUP. Two different one half cup serv-
klgs (four Ounces drOlined weigh t):
a. One.half cup serving of a
vitamin A rich food shall be served a
minimum of three times per week. A
vitamin A rich food is defined as.a single
. food serving that provides a minimum of
one-third of the RDA for that nutrient, or a
. combination of no more than two one-half
cup servings at the same meal which
together provide at least one-third of the
RDA for that nutrient.
b. One.half cup serving of a
vitamin C rich food must be served daily.
A vitamin C rich food is defined as a
single food serving that provides a
minimum of one-third of the RDA for that
nutrient, or a combination of no more
than two one-half cup servings at the
same. meal which together provide at
least one-third of the RDA for that
nutrient. Vitamin C rich foods include raw
. or cooked citrus fruits or juices,
tomatoes, melons, berries, dark green
leafy vegetables, etc. Fortified full
strength juices are defined as "fruit
juices that are 100 percent natural juice
with vitamin C added." Partial strength or
simulated fruit juices or drinks, even
when fortified, may not count as vitamin
C sources.
c. It is noted that:
1. Rice, spaghetti, macaroni and
noodles are not vegetables but
"bread alternates". Potatoes, sweet
potatoes and yams are considered
'vegetables.
2. Vegetable soup may be used to
fulfill one portion of the vegetable
. and fruit requirement. if. the soup
contains at least one.half cup of
vegetables per serving of soup.
3. Dried peas, beans, or lentils may
be used to fulfill the fruit and
vegetable requirement. However; if
used to fulfill this requirement they
cannot simultOlneously fulfill the
protein requirement.
4. Congealed salad may be used to
fulfill one portion of the vegetable
and fruit requirement jf the salad
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contains at lee - one.twlf cup of
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5. Fruit used as a desse-"-t may not be
counted toward the required two
servings of vegetables and fruits.
(3) BREAD OR BREAD ALTER-
NATE GROUP.
a. Orie serving whole grain or'
enriched bread, biscuits, muffins,' rolls,
sandwich buns, cornbread or other hot
breads.
b. Bread alternates may in-
cl ude enriched or whole grain .cereals or
cereal products such as spaghetti,
" macaroni, dumplings, pancakes, waffles
and'tortillas.
c. When available and ap-
propriate (e.g., ethnic preferences) yams,
plantains, and sweet potatoes may be
substituted for the bread requirement.
However, when used to Julfill the bread
requirement, they cannot be
simultaneously used to . fulfill the
vegetable and fruit requirement.
d. Whenever Possible, enrich-
ed' or whole grain flour or meal should be
used. in place of unenriched flour or meal.
(4) BUTTER OR FORTIFIED
MARGARINE. One teaspoon. .
(5) DESSERT GROUP. One half
cup serving. All' fruits and simple
desserts such as puddings, gelatin
desserts, ice cream, ice milk and sherbet
ma1' be used. Cake, pie, coo/{ies and
similar foods are' also included but
should be limited in use.
(6) MILK GROUP.
. . a. . Eight ounces of fortified
whole, skim, low fat milk and buttermilk
or the ca.lcium equivalent. .
b. All milk and fluid milk pro-
ducts for drinking purposes shall be pur-
chased and served in the individual Con-
tainer in which they were packag'ed at the
milk plant, or shall be served from an ap-
p.roved bulk milk dispenser of sanitary
design, construction, and operation.
c. If a cultural or ethnic
preference precludes the acceptance of
,milk with the meal, the fOllowing may be
SUbstituted for eight ounces of milk.
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2. l e and one-half ounces
Americar ~h -9se..
3. One al,... ...,lIa.hal f cups ice milk or
ice cream.
4. One and one-half cups custard.
5. One cup yogurt.
.- (er-- Coffee, tea, dec a ffei n a ted
beverages, soft drinks, and fruit flavored
. drinks may be used, but not as a
substitute for milk.
(f) Vitamins or mineral sup-
plements may not be provided with Title
"'-C funds.
2. FOOD PROCUREMENT.
(a) All fOOd procurement must be
transacted in accord with POlicies and
procedures set forth in HRSM 55-1 and
"Federal FOOd Services Contract Provi.
sions" herein.
" .' (b) All foods procured shall be of
good quality and shall be obtained from
Sources which conform to Federal, State
and local regulatory standards for quali-
ty, sanitation, and safety. Food from.
u01abeled rusty, leaking, broken Con-
tainers or cans with side seam dents, rim
dents or swells shall not be used.
. 3. FOOD PREPARATION.
" (b) State. and local fire, health,
. s~nltat/on and safety regulations ap-
plIcable ,to the partiCUlar type of fOOd
preparation and meals delivery system
.used by the provider must be adhered to
10 all stages of fOOd service Operations.
. (c) All staff working in the prepara-
tl,on of fOOd must be under the sUpervi.
s/?n ~f a person who will insure the ap-
P/lca~/on ,of hygienic techniques and .
practlce~ In fOOd handling, preparation
and servIce. This supervisory person shall
cons41t with' the provider's nu'trition con-
sultant.
. (d) ~ested quantity recipes. ad.
Justed to YIeld the number of servings
n,eeded, must be Used to achieve the con-
sistent and desJrable quality and quantity
of meals.
(e) All fOOds must be prepared and
served In a manner to preserve oPtimum
f1av?r and appearance, while retaining
nutrients and fOOd Value.
'. (f) Hot fOOd must be served at a
mInImUm of 140QF. Neutral fOOds should
be served at ? neutral temperature. Cold
~~~~. must be served at a maximum of
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4. FOOD SAFETY.
(a) All foods used ih' a nutrition ser-
vice must meet standards of quality, '.
sanitation and safety applying to foods
th,at are processed commercially and pur-
chased by the Provider.
(b) No food prepared, frozen or
. canned in the home may be used in meals
provided by a service financed through Ti-
_ . tie III-C. . .
~,:.- ~ . - :.: 'lc) Only' ~commercially processed.
-. frozen or canned food, or approved by the
~,~DA ~nd the FDA, may be used.
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