Resolution 054-1984
Louis LaTorre, Director
Social Services Dept.
RESOLUTION NO. 054 -1984
RESOLUTION AUTHORIZING THE CHAIRMAN OF THE BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, TO
EXECUTE AN AGREEMENT BY AND BETWEEN MONROE COUNTY,
FLORIDA, AND CELESTE ROSSI TO PROVIDE FOOD SERVICE.
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
Celeste Rossi, a copy of same being attached hereto, to provide
food service.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the
24th day 0 f
February
, A.D. 1984.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
~~~~
Chairman
(Seal)
Attest:
DANNY L. KOLHAGE, Clerk
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6 ~ Clerk
APPROVED AS TO FORM
AN. GAL SUFFICIENCY.
,
BY
-----... ..__n.._''.__ r' _. ,
AGREEMENT
THIS AGREEMENT made and ent~red into on the 24th day of
February
, 1984, by and between MONROE COUNTY, FLORIDA,
.
hereinafter referred to as "County", and CELESTE ROSSI, 760
N.E. 28th Avenue, Pompano Beach, Florida.
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 April I,
1984. 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.
HOLD HARMLESS/INDEMNIFICATION:
The bidder, herein
3.
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,
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 Qther 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. 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.
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
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
County reserves the right to terminate the Contract for reasons
of violations of the Contract or unsatisfactory performance/
service by giving thirty (30) da~s written notice.
6 .
NON-DESCRIPTION:
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.
1. SPECIFICATIONS: INFORMATION, RESPONSIBILITY
AND GENERAL REQUIREMENTS
a. The Contractor will be responsible for furnishing
and/or performing the following:
(1) Provide nutritionally balanced, well
prepared meals, to be prepared by the
Contractor and approved by the Facility
Director and the State Nutritionist and/or
a licensed and registered dietitian prior
to service.
A copy of each approved menu
will be provided to the County at least 30
days prior to its use.
(2) Feed the staff (including the
cafeterial operations) in a cost-conscious
quality oriented manner.
(3) Provide professional services that
will assure the quality and acceptance of
all meals prepared and served.
(4) Provide all raw food required to
prepare all meals.
(5) Pay all applicable taxes and
licenses.
(6) Provide expertise, management, staff,
purchasing power for food and other
required supplies, and preparation skills
for the consistent and orderly, timely
service of meals.
(7) Inform the County of any failures, or
loss of materials or any other condition
that will affect the preparation, storage
and service of meals.
(8) Respond to special requirements when
so authorized by appropriate authority
such as a doctor; special meals such as
"diet" meals.
(9) 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.
(10) Supervise the proper handling and
loading of meals on carts to be
transport~d to the site.
(11) Possess all required licenses and
permits.
(12) 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.
(13) Food service will be provided 365
days per year, 3 meals per day, to the
County Home and staff. 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 4:30 P.M. and 5:30 P.M. No excuse
can be accepted for non-compliance with
this requirement. Therefore, sufficient
quantity must be pr€pared for each meal to
provide for unexpected increases in
population and/or staff.
(14) 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.
C.
1.
AUDITING PROCEDURES:
The County's authorized
representatives shall have access, at all reasonable times, to
ail 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 within ten (10) days of the end of the
calendar month. All such invoices should be paid within ten
(10) 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 federal
allotment for U.S.D.A. commodities.
3. WORKING CONDITIONS:
a. Compl~ance 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 ~y other requir~ments as
estab lished by the Congress. of the U. S. in Fair Labor
Standards Act as amended and charged from time to time.
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 $1.85 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 WHEREOF, the parties hereto have executed this
Agreement in Key West, Florida, as of the date first above
written, to become effective on April 1, 1984.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By .. 'h- -- -'
Mayor/Chairman
~
(SEAL)
Attest:
DANNY L. KOLHAGE, Clerk
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Cle k
CELESTE ROSSI
Witness
Witness
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