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Resolution 075-1987 Shirley Willer, Director Bay Shore Manor Louis LaTorre, Director Social Services Department RESOLUTION NO. 075 -1987 A RESOLUTION OF THE BOARD OF COUNTY COMMIS- SIONERS OF MONROE COUNTY, FLORIDA, AUTHO- RIZING THE MAYOR AND CHAIRMAN OF THE BOARD TO EXECUTE AN AGREEMENT BY AND BETWEEN MONROE COUNTY, FLORIDA, AND LOWER FLORIDA KEYS HOSPITAL DISTRICT D/B/A FLORIDA KEYS MEMORIAL HOSPITAL FOR THE PURPOSE OF PROVIDING FOOD SERVICES TO THE RESIDENTS OF BAY SHORE MANOR. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that said Board hereby authorizes the Mayor and Chairman of the Board to execute an Agreement by and between Monroe County, Florida and Lower Florida Keys Hospital District d/b/a Florida Keys Memorial Hospital, a copy of same being attached hereto, for the purpose of providing food services to the residents of 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 January, A.D. 1987. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA (SEAL) Attest :DANNY L. KOLHAGE, Clerk -/ / I..l W..e..v...... ~........ f'~ (J I,~,-., ~-~'""~,,,'" ,/c/_, I' //' . v2L~4J/ APPR '[) AS TO FORM /J AN. i'lL sur-eCIENCY.>~ BY Altomey. omce L ~ .. ~ .. AGREEMENT THIS AGREEMENT made and entered into on the ~day of ]"l.t.. r'lU Cl. r(..t . 1987. by and between MONROE COUNTY. FLORIDA. hereinafter referred to as "County". and LOWER FLORIDA KEYS HOSPITAL DISTRICT. d/b/a/ FLORIDA KEYS MEMORIAL HOSPITAL. Junior College Road. 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 CONTRACT: The Contract for food service will be for an initial term of ONE (1) YEAR. beginning January 1. 1987. 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, trademark, copyright or of any other tangible or intangible personal or property right, or any actual or alleged violation of any applicable statute, ",.,,: ".x'r~~''''''''''' ~ ~ ".,f ~)I.. '" ...../; ,,~ ~/t', J{. _~ . ~ ~'q/. .,. ~. t'!..,. '''It~ ')" . .. ". 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 claim(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. It is expressly understood that the Contractor shall not be responsible for damages caused by persons receiving the services hereunder. Contractor certifies to the County that it is self-insured for malpractice claims under existing Florida Statutes relating to sovereign immunity and that it has the resources to defend against and discharge legally constituted claims. 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. 5. SUPERVISION OF CONTRACT PERFORMANCE: Performance under this Contract shall be supervised by the County or its designee. If at any time during the Contract period performance is unsatis- factory, 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, both parties reserve the right to terminate the Contract for any reason by giving thirty (30) days written notice. 2 ..r........................;..,.;.._ir.:-..".~,,:'>..c t,'_...... _,~n:....:.".....~~l . 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 recommended 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, milK, dessert, juice, salad, beverage, condiments, butter or margarine. (See attached for further details.) Special diets must be provided as ordered by the resident's physi- cian. 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 food will be provided by the County in sufficient quality and quantity to accomplish the task and must be of a design to meet the following speci- fications at the time of delivery: 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- 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 1~";..;.L~~..,...,.~:.... ,'. ,....-"*'.""'".~,~:.;:.,'....J. . ... ,~( ~r~~/~ It is th~osPital's responsibility to delive~.meals on a daily basis and it is the County's responsibility to return equipment to the Hospital on a daily basis. 3. MENUS Contractor will write menus that are in compliance with the daily recommended allow- ance established by the Food and Nutrition Board of the National Academy of Science. (See attachment for further details). 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 ~onths 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 cover- age 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 furnishing 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, 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. 4 .. , .....;:...:::~......,....~.........:..,~..~'. ' .,~ .~-~...,..~....... ~-_.. .~ (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 experienced 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 represen- tatives 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 full acceptable 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 con- tract 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 ~ .......~.......,:~.~.....t;..,.,~ ,~.lj'~KIt.~,...-. .or.....j, ',- 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 $2.60 per meal per person. 4. ENTIRE AGREEMENT: This instrument contains the entire agreement of all parties and may not be changed orally, but only by an agreement in writing signed by the parties hereto. IN WITNESS \VHEREOF, 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 11' ~ . ',: By MAYOR/CHAIRMAN (SEAL) Attest: CLERK LOWER FLORIDA KEYS HOSPITAL DISTRICT d/b/a FLORIDA KEYS MEMORIAL HOSPITAL ~~1 tL-,~ 'I IL :;~~/~~. ,~ // ~itnesses I ../' APPROVED AS TO FORM AND GAL SUFFICIEtJCY. </~~, Attorney's Offics BY 6 ...', "..., ' ... ;Al.~_..._.... ;,,~..~ N,.....u....~~_"~,.;;;