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Resolution 450-1989 RESOLUTION NO. 450 -1989 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO APPROVE THE AGREEMENT BETWEEN MONROE COUNTY AND FLORIDA KEYS MEMORIAL HOSPITAL CONCERNING FOOD SERVICE TO BAY SHORE MANOR. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA, that the Mayor/Chairman of the Board is hereby authorized to approve the agreement between Monroe County and Florida Keys Memorial Hospital, concerning food service to Bayshore Manor, a copy of same being attached hereto. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on this r -I-It day of #1i~flS.T ,1989, A.D. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By /JJI~1ft:4 Mayor/ hairman (Seal) Attest: DANNY L. KOLHAGE, Clerk ~~.~/iO.L APPROVED AS TO FORM AND LEGAL SUFFICIENCY. By Ct\,~~ J; Q QleA/\ Attorney's Office i NflOJ JOHMOW ,I \~lJ "J ~~~vC l(: ,d "l ~ 68. 'OJ'll.t , ' ~~, ." I 'Ll.;J ,. J {j lj -Jl'-" ~ - AGREEMENT THIS AGREEMENT made and entered into on the day of 1989, by and between MONROE COUNTY, FLORIDA, hereinafter referred to as "County", and FLORIDA KEYS MEMORIAL HOSPITAL, 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 speci- fications contained in this document. 2. TERMS OF THE CONTRACT: The Contract for food service will be for an initial term of ONE (1) YEAR, beginning April 1, 1989. However, the County reserves the right to extend the Con- tract 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, indem- nify and hold harmless against any and all losses, penalties, damages, settlement, costs, charges or other expenses or liabili- ties of every kind in connection with or arising directly or indirectly out of the work agreed to or performed by the Contrac- tor. Without limiting the foregoing, any and all such claims, suits, or other legal action relating to personal injury, death, damages 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, ordi- nance, administrative order, rule or regulation or decree of any court, shall be included in the indemnity hereunder. The Contrac- tor further agrees to investigate, handle, respond to, provide defense for and defend any such claims at his sole expenses and agrees to bear all other costs and expenses related thereto, even if the claim(s} is groundless, false or fraudulent. The Con- tractor agrees to maintain Commercial General Liability Insurance with minimum combined single limits of $500,000 for bodily injury and property damage, with no separate or lower limits for prod- ucts liability. The Contractor also agrees to maintain Workers Compensation Insurance, including minimum limits of $100,000 for Employer's Liability. Contractor further agrees to furnish a Certificate of Insurance to the County indicating the coverages required and naming the County as an additional named insured. 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 party 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 obliga- tion 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 with- out any additional cost to the County. Also, both parties re- serve the right to terminate the Contract for any reason by giv- ing thirty (30) days written notice. -2- 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 show 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 BAYSHORE MANOR ("Home") at 5200 W. Jr. College Road, Stock Island, Florida, 365 days per contract year. Three meals per day shall be served to residents of BAYSHORE 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, 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. -3- Containers used to transport food will be provided by County in sufficient quality and quantity to accomplish the task and must be of a design to meet the following specifications at the time of delivery: a. Hot food shall be above 160' Fahrenheit. b. Cold food shall be below 40' Fahrenheit. c. Frozen food shall be 0' Fahrenheit. d. Neutral food shall be room temperature. Food containers will be rinsed only with water by the Home staff. Washing and sterilization will be the responsibility of the Contractor. Individual service to the seniors will be the responsibility of the Home staff. It is the Contractor's responsibility to deliver meals on a daily basis at the appropriate times as scheduled. 3 . MENUS Contractor will supply menus that are in compliance with the daily recommended allowance established by the Food and Nutrition Board of the National Academy of Science, following the directions embodied in the Florida Dietetic Association Manual. (See attachment for further details.) Menus will be submitted to the Home Director at least thirty (30) days in advance of service. The menus must be approved by the Director and a Registered Dietician. 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 -4- 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 service trays, condiments, coffee, napkins, paper towels, and silver- ware will be provided by Bayshore 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 proce- dures is the responsibility 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, as -5- specified in the Florida Dietetic Association Manual, the Current Recommended Dietary 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 F.A.C. 33-8 and Department of Health and Rehabilitative Service Standards. (8) Contractor will at all times maintain an adequate staff to provide for vacation, sickness, resignations, and/or discharg- es of personnel. E. 1. AUDITING PROCEDURES: The County's authorized represen- tatives shall have access, at all reasonable times, to all Con- tractor'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. 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 re- quired and hereby agrees by execution of this contract to pay all employees not less than the Federal minimum wage and to abide by -6- other requirements as established by the Congress of the U.s. in Fair Labor Standards Act as amended and changed 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 residents at a cost of $4.09 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 writ- ten. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: (SEAL) Attest: FLORIDA KEYS MEMORIAL HOSPITAL By: () /' '- 7JF /LLI Lflu_~ . ~-.:tr' / Witness lLIl JJ .".1"1 n 1;;1;j -7-