03/15/2006 AgreementDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DA TE:
TO:
A TTN:
FROM:
March 22, 2006
Louis Latorre, Director
Social Services Division
Ellen Caron
Nutrition Program
Pamela G. Hancq~~
Deputy Clerk ~
At the March 15, 2006, Board of County Commissioner's meeting the Board granted
approval of Award of Bid for the 2006 Food Service Meal Catering; and authorized execution of
Contract (Agreement) for Food Service for the Monroe County Nutrition Program and Bayshore
Manor Adult Living Facility between Monroe County BOCC and G. A. Food Service, Inc. for a
period of nine-months beginning April 1, 2006 and ending December 31, 2006, with option to
renew for two consecutive years, through contract amendment beginning on January 1, 2007.
Enclosed are three duplicate originals of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
CCi
County Attorney
Finance
File
CONTRACT~GREEMENn
FOR FOOD SERVICE
AGREEMENT
THIS AGREEMENT, made and entered into this _15_th_day of March , 2006, by and between
MONROE COUNTY, a political subdivision of the State of Florida, 11 00 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, S1. 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
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 February 22.2006
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:
2006 FOOD SERVICE MEAL CATERING
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.
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B. Providing individual service site orders no later than Friday two weeks prior to the delivery date.
C. Deliveries of frozen meals will be made to each designated meal site weekly. County shall notify
contractor if the sites change.
D. Delivery schedule will be subject to the holidays of the County and the Program shall notify
Contractor of the dates.
E. Contractor shall train County's staff on any new equipment or special handling of meals
necessitated because of packaging or other requirements.
4. THE CONTRACT AMOUNT
The County shall pay to the Contractor for the faithful performance of the Contract, in lawful
money of the United States, as follows:
_$2.93
per meal for all meals
5.
A.
CONTRACTOR'S ACCEPTANCE OF CONDITIONS
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, i fi t 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 CONTRACTIRENEW AL
A. This contract shall be for a period of nine (9) months, commencing April 1, 2006, and
terminating December 31, 2006.
B. The County shall have the option to renew this agreement with 30 days notice to contractor
prior to the end ofthe term. This option may be exercised twice for one-year terms.
C. The Contract amount shall 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 HARMLESS
The Contractor covenants and agrees to i ndenmify 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 a rise 0 ut 0 f, in connection with, 0 r b y reason 0 f
services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the
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negligence, errors, or other wrongful 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 from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above. The extent of liability is in no way limited to, reduced, or lessened by the
insurance requirements contained elsewhere within this agreement. The provisions of this section
shall survive the expiration or earlier termination ofthis 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 hislher
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 lmder 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. COMPLIANCE WITH LAW
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 of, such services,
including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle the Board
to terminate this contract immediately upon delivery of written notice of termination to the
contractor. The contractor shall possess proper licenses to perform work in accordance with these
specifications throughout the term of this contract.
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12. INSURANCE
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.M. 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 0 ccurrence Form policy is p referred. If coverage is changed too r provided 0 n a
Claims Made Policy, its provisions should include coverage for claims filed 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.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED 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.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED
AS ADDITIONAL INSURED.
C. Workers Compensation -limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
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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 of Insurance, 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 financial 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, Fl 33040
and
Janice Drewing, Director
Monroe County Social Services Senior Nutrition Program
1100 Simonton Street, First Floor, Room 1-202
Key West, FL 33040
15. CANCELLATION
A) In the event that the contractor shall be found to be negligent or deficient in any aspect of
operation maintenance, repair, or service, the County shall have the right to terminate this
agreement after five (5)days written notification to the Contractor.
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B) Either of the parties hereto may cancel this agreement without cause by giving the other
party thirty (30) days written notice of its intention to do so.
16. GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, FEES
This Agreement shall be governed by and construed in accordance with 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 Monroe
County, Florida. This Agreement shall not be subject to arbitration.
The County and Contractor agree that, in the event of conflicting 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 with a
valid provision that comes as close as possible to the intent ofthe stricken provision.
19. ATTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall
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include attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be
in accordance with the Florida Rules 0 f Civil Procedure a nd usual and customary procedures
required by the circuit court of Monroe County.
20. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit 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. NONDISCRIMINATION
County and Contractor agree that there shall be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court 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: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
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Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
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 financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 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 which 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. 11) 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, conflicting
employment or contractual relationship; and disclosure or use of certain information.
28. NO SOLICITATION/PAYMENT
The County and Contractor warrant that, in respect to itself, it has neither employed nor retained
any company or person, other than a bona fide 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 firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
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 without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
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29. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to, and inspection of, all
documents, papers, letters or other materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statues, and made or received by the County and Contractor
in conjunction with this Agreement; and the County shall have the right to unilaterally cancel
this Agreement upon violation of this provision by Contractor.
30. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation 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 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 performance 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.
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35. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
36. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original all of which taken together shall constitute one and the same instrument. Any of
the parties hereto may execute this Agreement by signing such counterpart.
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 be
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.
IN~:,,~HEREOF the parties hereto have executed this Agreement on the day and date first
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Monroe County Senior Nutrition Program
1100 Simonton Street, First Floor Room 1-201
Key West, Florida 33040
(305) 292-4522
FAX: (305) 292-4483
2006 FOOD SERVICE MEAL CATERING
REQUEST FOR BIDS
TABLE OF CONTENTS
Introduction/Statement of Purpose (l.A.)... ... .................... .......................... ......... ....... ...... .................. 2
General Requirements and Information ((I.B)........ .......................................................3
Specifications and Program Needs (2.A.-2.H. )........ ........ ........ ................. ........ ...... .......................... ... 5
Balance of Bid Submission Requirements (3-19).................................................. ....... .17
Bid Form........................................................................................ ............. ....25
Attachments..................................................................................................................... ....................2 6
Sample Agreement/Contract, Attachment 12..................... ................................. ........ ... ........... ...... ...4 0
REQUIRED FORMS TO BE COMPLETED:
Attachment 5. Insurance and Indemnification Statement..............................................................31
Attachment 6. Insurance Agent's Statement.... .................. ....... ................... ........... ................. .....34
Attachment 7. Public Entity Crime Statement.................. ............. ................................................ 35
Attachment 8. Ethics Statement.............. .............. ......................... ........................ .36
Attachment 9. Non-Collusion Affidavit ..... ................ .............................. ...... .... .... ............. ...............3 7
Attachment 10. Drug-Free Workplace Form....... ...... ...... .................................. ........ .............. ... ........3 8
Attachment II.Civil Rights Compliance Statement..................................................... ...41
A TT ACHMENTS:
Attachment 1. Sample Menu.. ... ... ... ... '.. ............ ... ........... .... ..... ...... ................ ... ....27
Attachment 2, Beverage and Condiment List. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... 28
Attachment 3, Supply List.............................................. ..................................... .29
Attachment 4. Food Specifications and Requirements ofthe Florida Department of Elder Affairs, Including
"Attestation Statement" ..................................................................................... 30
Attachment 5. Insurance and Indemnification Statement..... ..... ................................... ...31
Attachment 6. Insurance Agent's Statement............. .................................. ................ .34
Attachment 7. Public Entity Crime Statement........................................................... ...35
Attachment 8. Ethics Statement.............. .......................... ..................................... .36
Attachment 9. Statement of Non-Collusion. ............................................................. ...37
Attachment 10. Drug Free Workplace Form.... ... ...... .... ..... ...... ......... ......... ......... ... .... ..38
Attachment 11. Civil Rights Compliance................................................................. ...39
Attachment 12. Sample Agreement/Contract................... ..................... .......................40
1
2006 FOOD SERVICE/MEAL CATERING BID
1. A. INTRODUCTION/STATEMENT OF PURPOSE
The purpose of this bid is to establish an agreement with a bona fide Food Service Provider (herein referred to as
Provider) for the purchase of Food Catering Services for the Monroe County Social Services Nutrition Program
(hereinafter referred to as Nutrition Program) and Bayshore Manor Adult Living Facility. The agreement will be
awarded for a period of nine-(9) months beginning April 1 , 2006 until December 31, 2006 with the option to renew
two times for 1 year terms. Such renewals shall be contingent upon the availability of funds, approval of the Monroe
County Board of County Commissioners, and satisfactory performance by the food service Provider as determined by
Monroe County Nutrition in the Monroe County Community Services Division.
In accordance with the Bid Documents, the Provider hereby agrees to furnish meals in accordance with contract
documents, consisting of these Specifications, and the attachments hereto which are incorporated herein by
reference as though completely set forth herein, including the Request for Bids, the Bid documents submitted by
the Provider and the attachments thereto, along with the Agreement entered into between the parties. Any
inconsistencies are to be resolved in favor of the County. The Provider agrees to furnish the meals in accordance
with the Attachments of the Agreement and at the price therein specified, to citizens participating in the Older
Americans Act Title III-C, Nutrition Program. Meals are to be provided at each of the specified sites in Key West,
Big Pine Key, Marathon, and Plantation Key.
It is the intent of Monroe County Nutrition to secure an agreement for the purchase of:
. Frozen luncheon meals - approximately, 100-150 meals currently provided per day, Monday through Friday;
Frozen plated meals and all components, pre-packaged, 5 meals per box TMS, (Total Meal System) for home-
deliveries - approximately 100-200 currently provided per week, Monday-Friday;
. Cold plate (fresh) luncheon meals - currently provided approximately 3 times every four weeks in place of a frozen
entree pursuant to the four-week meal cycle menu, approximately 192 meals per month;
. Picnic Lunches- On request for special occasions; and,
. Frozen and Shelf-Stable Breakfast Meals - As required for both Congregate and Home-Delivery clients, in
addition to luncheon meals;
. Shelf-stable emergency (hurricane) meals to be delivered by June 1 st of each contract year, and thereafter, as
needed - approximately 200 cases, 5 meals per case, for an approximate minimum of 1,000 emergency meals
yearly.
. Provision of fresh fruit for Congregate Meal clients at a minimum of two (2) times in a four-week meal cycle.
. Delivery shall be to the four (4) Meal Sites in Monroe County at the following locations:
Plantation Key
Marathon
Big Pine Key
Truman School, Key West
. In addition to the above, Provider agrees to provide and deliver approximately 120-170 frozen meals per week,
consisting of breakfasts, lunches and dinners, including related condiments, beverages, to Bayshore Manor Adult
Living Facility on Stock Island in Key West, operated by Monroe County at the same unit price as offered to the
Nutrition Program, as required by Bayshore Manor.
2
1. B. GENERAL REQUIREMENTS AND INFORMATION
The successful bidder must provide satisfactory evidence of its capability to maintain a food service program to
provide the average number of meals specified herein with/within fluctuations from -50% to + 1 00%. The bidder must
give assurances of being able to deliver all meals in the quantities ordered. Additional provisions:
1. Food Services are to be provided under specifications for use by the Nutrition Program, primarily through a
Federal Grant under Title III ofthe Older Americans Act.
2. The purpose ofthis bid request is to establish the best possible service at the lowest possible cost for the
planning, preparation, packaging, and distribution of meals.
Ability must be demonstrated to prepare the number and types of meals required, including the necessary
refrigeration/freezing and required temperature for frozen meals. Frozen meals should provide labeling on the
packaging, which includes: a listing of the food items contained within, the date the meal was prepared, shelf
life, and instructions for storage and cooking. Frozen meals should be frozen solid; 20 degrees below zero
Fahrenheit. A Nutritional Analysis according to the standards specified in the Manual must be provided for
each type of meal provided. Standards and menus must refer to the Age 70+ male DRI's/AI's. The following
nutrients must be targeted and included in the computer-assisted menu analysis: calories, protein, fat, fiber,
calcium, zinc, magnesium, sodium, Vitamins B6, B12, C, and Vitamin A (vegetable derived/carotenoid
sources). Adequate amounts of calories, protein, fat, fiber, calcium, zinc, magnesium. Vitamin B6, B12,
and Vitamin C must be provided daily. Vitamin A and sodium may also be averaged over one week.
However, no individual meals should exceed 1200 mg of sodium.
3. In addition, bidder must establish ability to provide other meals including shelf-stable, and non-shelf stable
(frozen) breakfasts, emergency shelf-stable meals, and some fresh food items, e.g. tuna, chicken, pasta, bean
and vegetable salads, also shown in the Sample Menu in Attachment 1. These must be prepared, packaged,
and delivered in a manner to ensure their safe use including required temperature controls (not to exceed 41
degrees F) pursuant to the Florida Administrative Code (PAC), Chapter 64E-11, Food Hygiene, and specified
packaging dates and shelf-lives, and the current edition of "DOEA" (Department of Elder Affairs) Manual
Older American Act Program. Easy- to-read instructions on preparation and use of meals must also be
included.
4. Documented appraisal ofthe caterer's site by the Monroe County Health Department or comparable evidence
of inspection from such agencies as the Florida Department of Business and Professional Regulation, the
United States Department of Agriculture, and/or the resident County Health Department. Provider must have
had an inspection from the Department of Health within six months prior to submission of bid.
5. Documented evidence of necessary licenses, etc. for out-of-county caterer/catering facilities particularly as
applies to the entree/vegetable component, if applicable in this program.
6. Demonstrated ability to deliver at a minimum, one week's supply of food to each of the service sites included
herein.
7. Demonstrated ability to provide one week's worth of meals including, frozen plated meals and all
components, pre-packaged, 5 meals per box TMS, (Total Meal System) to be used primarily by the
Nutrition Program for home-delivered meal clients.
3
8. Food service delivery shall be within Monroe County, Florida at locations in Plantation Key, Marathon
Key, Big Pine Key, and the Key West, as specified herein.
9. The Agreement shall be in effect from April 1, 2006, through December 31,2006, with Monroe County
having an option to renew at the same terms and conditions as stated in the Agreement and, (at the same
rate, excepting only consideration of an increase in the unit cost per meal to match any rise in the Cost of
Living Index for All Urban Consumers as provided by the US Government available for October closest to
the renewal date. Renewals are contingent upon the availability of funds, and the satisfactory performance
of the food service Provider as determined by the Nutrition Program and Monroe County.
10. The Monroe County Board of County Commissioners shall make the award of bid to the lowest
conforming bid by a responsible bidder. Financial responsibility and quality of food provided shall also be
a basis for the award, and the bid may not necessarily be awarded to the lowest bidder. Bids will be
considered only from firms regularly engaged in the food catering service business who can produce
evidence that they have an established record of performance for a reasonable period oftime; have
sufficient financial support, equipment and organization to insure that they can satisfactorily execute the
services if awarded an agreement under the terms and conditions herein stated. The caterer shall need to
demonstrate past performance in food services with the capability necessary to implement the nutritional
and logistical aspects applicable to the Nutrition Program and Bayshore Manor and the performance of the
food service contract. This includes conforming and complying with the requirements of Title III-C of
Federal Regulations. Chapter 13. Part 132 I and all amendments thereof; and the current edition of
"DOEA" (Department of Elder Affairs) Manual Older American Act Program; Department of Elder Affairs
Programs and Services Manual, and all amendments thereof; and any relevant regulations of the State of
Florida Department of Elder Affairs; the Federal Older Americans Act; and the Alliance for Aging, the
Area Agency on Aging for Dade and Monroe Counties.
11. The caterer must demonstrate ability to accept USDA donated bonus food and be prepared to accept USDA
commodities in lieu of cash, if required. This involves a system of storage, transfer, loading, and delivery
mechanisms as well as a system of billing and cost breakdown.
12. The caterer must provide a toll-free telephone number for communication with the Nutrition Program. Also
Provider's staff must be available Monday through Friday during normal business hours for any questions or
problems that may arise.
13. Provider should have the ability to perform research and special studies and provide technical assistance
regarding significant changes in State and/or Federal Regulations and/or requirements, which could
seriously affect the price and/or quality of specified items, method of doing business, and operations of the
program.
14. As part of bid submission, prior arrangements should be made with the Nutrition Program/Purchasing
Department to ensure that samples of frozen and shelf-stable meals are available to taste at bid opening.
In addition, for the duration of the Agreement, the selected Provider upon request must provide sample
meals from the Nutrition Program within a time frame agreed upon by both parties.
1
15. GENE:RAL INFORMATION
a. Contac't Person:
Janice Drewing, Director
Monroe County Social Services Senior Nutrition Program
1100 Simonton Street, First floor, Room 1-202
Key West, FL 33040
(305) 292-4522 / FAX: (305) 292-4483
b. Funding Source:
Primarily: Federal Funding through Title III C-l and C-2 of the Older Americans Act.
Contingent upon an annual appropriation and is therefore subject to reduction or elimination from the Monroe
County operating budget.
c. Type 0 f Agreement:
Only fixed rate agreements will be entered into. The Nutrition Program will reimburse the Provider for the
actual number of meals delivered at the approved rate.
d. Acceptance of Proposals:
Monroe County reserves the right to reject any or all bids or waive minor irregularities. Minor irregularities
are those which will not have a significant adverse effect on overall competition, cost or performance.
The Nutrition Program reserves the right to inspect Providers (caterer's) facilities prior to the award of a bid.
e. Inquiries:
Janice Drewing, Director
Monroe County Social Services Senior Nutrition Program
1100 Simonton Street, First floor, Room 1-202
Key West, FL 33040
(305) 292-4522 / FAX: (305) 292-4483
2. A. SPECIFICATIONS AND PROGRAM NEEDS
1. Evidence of past experience in meal preparation, transport, and delivery, and the organization's operational
capabilities (i.e. equipment, personnel, fmancial supports, etc.).
2. Demonstrated ability to supply approximately 55,590, (fluctuations from -50% to + 1 00%), consisting of
unitized, pre-portioned entree-vegetable components, including frozen and fresh meals in accordance with the
approved cycle menu; and, also, breakfast meals either, frozen, refrigerated, or shelf-stable, and lunch/dinner
shelf stable, non-refrigerated meals as mutually acceptable to the Nutrition Program and the Provider, over the
agreed upon contract period. Approximate numbers of meals served daily at each site are listed below.
. Key West, Truman School Meal Site - approximately, 95-170 meals per day, including Congregate and
Home-Delivered Meals
. Big Pine Key Nutrition Site - approximately, 16-40 meals per day, including Congregate and Home-
Delivered Meals
. Marathon Nutrition Site - approximately, 35-60 meals per day, including Congregate and Home-Delivered
Meals
5
. Plantation Key Nutrition Site - approximately, 30-70 meals per day, including Congregate and Home-
Delivered Meals
The Nutrition Program may observe thirteen holidays, when no meals will be served. As such, deliveries are
not to be made on weekends or holidays. If circumstances warrant, the Nutrition Program can change this on a
case-by-case basis with approval.
3. Levels of service may be increased or decreased during the contract based on reductions in funding or demand
for service.
4. Demonstrated ability to supply approximately 55,590 (fluctuations from -50% to + 100%) portions of
accompanying components (such as breads, butter, 2% milk, dessert, including fresh fruit, salad, andjuice)
over the agreed upon contract period at no additional cost.
5. Provision of all specified condiments and beverages required for each meal as per meal description and/or
indicated on the approved menu for each cycle and as listed on the Condiment and Beverage List specified in
Attachment 2. All condiments and beverages to be included in the meal cost quoted.
6. Provisions of all specified supplies ordered by the Meal Sites. (As shown on the Supply List in Attachment 3.).
Sample supply lists will be consistent with Attachment 3 and must be included. Listed supplies will be
provided at no extra charge.
7. Provision of meal service delivery to the four (4) Meal Sites in Monroe County at the following locations:
. Plantation Key, Plantation Key Government Center, MM 88.5, 88800 Overseas Highway, Plantation Key,
FL 33070
. Marathon, 535 33rd Street, Marathon, FL 33050
. Big Pine Key, 380 Key Deer Boulevard, Big Pine Key, FL 33043
. Truman School, Key West, 1016 Georgia Street, Key West, FL 33040
Monroe Countv Nutrition reserves the riflht to increase or decrease the number of delivery sites. with approval
from the Alliance for Aging.
8. A description ofthe delivery system for the meals, such as the method of transportation (i.e. vans, trucks, etc.),
type of containers for the food, length of time in transit, and assurance of proper temperatures for fresh, 41
degrees Fahrenheit or below, and frozen foods, 20 degr~es below zero Fahrenheit (as specified in the Florida
Administrative Code (FAC), Chapter 64E-ll, Food Hygiene. The proposal should identify a specific employee
position responsible for delivery and describe the delivery process, including specifying delivery days and
approximate times at each required location. Evidence of a back-up delivery procedure in the event that one is
needed should also be included. This includes the transportation of plated meals, dairy products, baked goods,
desserts and single service supplies to each ofthe delivery sites. The delivery system must also be clearly
designed to minimize potential for delivery errors and damage to meal components during shipping.
9. The ~.'eekly delivery schedule will be decided and agreed upon by the Nutrition Program and the Provider, but
must include the following:
. Deliveries will be made on weekdays only.
. The delivery schedule must specify when service will be provided (day and time) at each of the Meal Site
locations.
. The delivery schedule should be the same every week. The Nutrition Program must approve deviations
from the schedule because of special circumstances.
6
. Provisions for special deliveries, such as emergency meals, will be determined and agreed upon by the
Nlltrition Program and the Provider.
10. Proof of periodic inspections by the Health Department, or evidence of comparable inspection from such
agencies as the Florida Department of Business and Professional Regulation, the United States Department of
Agriclllture, and/or the Resident County Health Department.
11. State and local fire, health, sanitation, and safety regulations applicable to the particular types of food
preparation and meal delivery system used must be adhered to in all stages of food service operation, and must
be in accord with the requirements of Chapter 10D-13 of the Florida Administrative Code.
12. All frozen meals must be packaged to allow heating in convection ovens and microwaves.
13. All meals frozen and fresh must be identified as to content, clearly labeled with items and amounts specified,
including safe serving expiration date (i.e. "safe for use until_") and must provide instructions for proper
preparation, including heating temperatures and times to ensure heating or cooling to required F AC standards.
Delivery dates must be specified on meals, or meal packing box, and/or food delivery invoice.
14. Meals used for distribution for home-delivery must be clearly identified so participants can follow the menu
plan. This includes description of items, components, serving instructions, including heating or cooling
temperatures, and expiration dates. All printing on packaging must be labeled clearly with letters large enough
to be read by the visually impaired.
15. In all instances, except emergency meals, the food will be prepared by the Provider, pre-portioned, and
transported to the meal sites where Monroe County Nutrition Staff will receive it. The mode of catering shall
be pre-cooked, or in the case of fresh meals, such as chicken and tuna salads, pre-plated, transported to the sites
at prescribed temperatures, kept at prescribed temperatures at the sites, and served to the participants. At each
site. Nutrition Program Staff will be responsible for receiving the food, taking temperatures, keeping the food
heated and/or chilled at proper temperatures, serving the food, cleaning up, and home-delivery of food at safe
temperatures.
16. To insure quality control prior to serving and replacing a meal if necessary, if proper standards have not been
met, the Provider must agree to supply meal samples, for the duration ofthe Agreement, ~t any time, upon
request ofthe Nutrition Program within a time-frame agreed upon by both parties.
17. Food will be procured from other sources at the Provider's expense if Provider fails to deliver a meal, or any
portion of a meal, of if the food is spoiled, inedible, or othelWise does not meet proper specifications.
7
2. B. Food Purchasing and Preparation Standards
1. All food purchasing must be transacted in accordance with policies and procedures set forth in the Department
of Elder Affairs (DOEA) Financial Management Manual (HRSM 55-1).
2. All foods purchased shall be of good quality and shall be obtained from sources which, conform to federal,
state, and local regulatory standards for quality, sanitation, and safety. Food from unlabeled rusty, leaking,
and/or broken containers or cans with side seam dents, rim dents, or swells shall not be used.
3. All foods used in a nutrition program for the elderly must meet standards of quality for sanitation and safety
applying to foods that are processed commercially and purchased by the Provider.
4. No food prepared, frozen, or canned in the home may be used in meals provided to a nutrition service Provider
that is financed with Title III-C funds.
5. Only commercially processed, frozen, or canned food, or food approved by the USDA and FDA may be used
at the Meal Sites and served by the Nutrition Program.
6. Foods that are frozen must meet applicable local, state, and federal standards. Equipment and methods for
freezing must also meet these standards.
7. Providers are encouraged to participate in methods, which will result in reducing meal costs such as group
purchasing and buying in bulk, as long as such practices do not compromise the necessary food and food
service related requirements and standards specified herein.
2. C. Meal Standards and Menus
1. When developing menus and prices for a bid, the Provider shall consider the following items carefully since
they relate to cost-effectiveness:
· Maintaining proper back-up inventory to ensure that orders can be properly and adequately filled on a
timely basis.
· Providing detailed package instructions and information including number of units per case, shelf-stable
pack, breakfast pack, etc. This is needed by the Nutrition Program for proper reporting of amount of meals
served.
· Delivery cases must be clearly labeled with content, quantity, and date.
· Specify minimum order quantities for frozen, fresh, and shelf-stable meals.
· Lead time for ordering and procedure for substitutions must be clearly identified.
· Explanation of ordering practices, invoice procedures, and terms of payment.
· Indication of ability to accept USDA commodities and systems for storage and use of such items.
. Demonstration of financial capability.
· Required Nutritional Analyses for all meal items as per standards specified by the Alliance for Aging of
Dade and Monroe Counties and the Florida Department of Elder Affairs and described in Item 2, below.
2. The Provider will submit a bid based on a four- (4) week menu cycle, and based on the five-day Menu Sample
provided in Attachment 1. However, menus are not limited to the items shown in the Menu Sample and
caterers' comparable menu cycles may be presented. Menus must comply with the following:
8
· The special needs of older adults must be considered in all menu planning, food selection, and meal
preparation. The meals provided must meet a minimum of one-third ofthe Recommended Dietary
Allowances for older adults as specified in the most current requirements of the FL. Department of Elder
Affairs, as established by the Food and Nutrition Board of the National Academy of Sciences, and all
requirements ofthe US Department of Agriculture. The meals must also comply with Title III-C Meal
Standards as specified in the most current guidelines established by the Florida Department of Elder
Affairs, including Nutritional Analyses, see Attachment 4. When planning menus, the Age 70+ male
DRI's/AI's must be followed. Also, the following nutrients must be targeted and included in the
computer-assisted menu analysis: calories, protein, fat, fiber, calcium, zinc, magnesium, sodium,
Vitamins, B6, B12, C, and Vitamin A (vegetable derived/carotenoid sources). Adequate amounts of
calories, protein, fat, fiber, calcium, zinc, magnesium. Vitamin B6, B12, and Vitamin C must be
provided daily. Vitamin A and sodium may also be averaged over one week. However, no individual
meals should exceed 1200 mg of sodium.
· The types of food to be provided include: entree; vegetable, fruit, milk (low-fat), dessert, juice, salad,
beverage, condiments, butter or margarine. Please refer to Attachments I. and 4. for additional
information.
· Meal development and food preparation should comply with the Dietary Guidelines for Americans,
published by the Secretary ofthe Department of Health and Human Services and the United States
Department of Agriculture. Meal Services and operational procedures will be provided in a manner
consistent with the most current edition of the FL Department of Elder Affairs Programs and Services
Manual and the FL Department of Elder Affairs Financial Management Manual. This includes required
Nutritional Analyses for all meals including Total Meal Systems (TMS). The Age 70+ male
DRI's/AI's must be followed when planning menus. Also. the following nutrients must be targeted and
included in the computer-assisted menu analysis: calories, protein, fat, fiber, calcium, zinc, magnesium,
sodium,Vitamins B6, B12, C, and Vitamin A (vegetable derived/carotenoid sources). Adequate
amounts of calories, protein, fat, fiber, calcium, zinc, magnesium. Vitamin B6, B 12, and Vitamin C
must be provided daily. Vitamin A and sodium may also be averaged over one week. However, no
individual meals should exceed 1200 mg of sodium.
· In addition, an "Attestation Statement" must be provided and signed by the Provider's licensed Dietitian.
(A sample ofthe Attestation Statement is provided in Attachment 4.) In the event these manuals are
revised, current changes will be incorporated into the Agreement and the Provider will be advised of any
changes in requirements.
· All foods must be prepared and served in a manner to present optimum flavor and appearance, i.e. "eye
and taste appeal, while retaining nutrients and food value.
· Menu planning should take into consideration special needs of elders such as the restricted use of sodium,
sugar, and saturated fats. All menus must be consistent with the nutritional guidelines and analyses
required by the Florida Department of Elder Affairs. All meals are to be low sodium and meet the limits
and standards as currently specified by the Florida Department of Elder Affairs. No single meal is to
exceed the required amount of sodium or, an acceptable optional menu item will be offered. As such,
creativity and adaptability of cooking may be necessary, including the use of alternative herbs,
seasoning, and/or salt substitutes, as appropriate. This also requires knowledge of food and condiment
content.
· As determined by both parties, Provider must agree to supply low sodium and low calorie therapeutic
meals as necessary, at no extra charge.
9
. Nutritional Analyses of food items must be available pursuant to the requirements of the Florida
Department of Elder Affairs. Analyses must be based upon the recipes required for specified menu items
and verify the provision of one-third (33-V3%) of the RDA (Recommended Dietary Allowance) for
adults aged 70+, as established by the Food and Nutrition Board ofthe National Academy of Sciences -
National Research Council and the Florida Department of Elder Affairs. This includes specific amounts
and percent ofRDA of the nutrients, including protein, carbohydrates, calcium, sodium, potassium,
Vitamins A and C, thiamin, niacin and folic acid. Nutritional Analyses of food items must be available
pursuant to the requirements ofthe Florida Department of Elder Affairs. Analyses must be based upon the
recipes required for specified menu items and verify the provision of one-third (33-V3%) of the RDA
(Recommended Dietary Allowance) for adults aged 70+, as established by the Food and Nutrition
Board of the National Academy of Sciences -National Research Council and the Florida Department of
Elder Affairs. This includes specific amounts and percent ofRDA of the nutrients, including protein,
carbohydrates, calcium, sodium, potassium, Vitamins A and C, thiamin, niacin and folic acid. Menus
must be based on the Age 70+ male DRI's/AI's. The following nutrients must be targeted and included
in the computer-assisted menu analysis: calories, protein, fat, fiber, calcium, zinc, magnesium,
sodium,Vitamins B6, B12, C, and Vitamin A (vegetable derived/carotenoid sources). Adequate
amounts of calories, protein, fat, fiber, calcium, zinc, magnesium. Vitamin B6, B12, and Vitamin C
must be provided daily. Vitamin A and sodium may also be averaged over one week. However, no
individual meals should exceed 1200 mg of sodium.
. Provider should have the ability to perform research and special studies and provide technical
assistance regarding significant changes in State and/or Federal Regulations and/or requirements, which
could seriously affect the price and/or quality of specified items, method of doing business, and
operations ofthe program. And, in addition, Provider will identify impacts and recommend proposed
remedies, if possible. If available, Provider will offer technical assistance and share this type of
information with the Nutrition Program.
. Menu plans must provide standard volume recipes with ingredient lists for a minimum of all entrees.
Tested, quality recipes, adjusted to yield the number of servings needed, must be used to achieve the
consistent and desirable quality and quantity of meals.
3. Menus submitted by the Provider must be developed by a Licensed Registered Dietitian who meets all
requirements and standards specified by the Federal Older Americans Act, the Florida Department of Elder
Affairs, the Alliance for Aging of Dade and Monroe Counties, and/or Monroe County. The Dietitian must
provide a signed "Attestation Statement" shown in Attachment 4.
4. All menus must be submitted for approval by the Program's Nutritional Consultant and Nutrition Program
Director at least 6 weeks prior to implementation.
. Menu revisions will occur at a maximum of six (6) month intervals. New menu cycles will be adjusted
whenever appropriate to allow for a variety in menus, to lower meal cost, to accommodate seasonal
availability of raw food items, to reflect consumer preferences, but no less often than semi-annually and
with approval ofthe Nutrition Program.
5. Emphasis should be placed on including a variety of dishes in the menus and meal cycles. An opportunity for
choice should be available as much as possible and in accordance pursuant to any standards promulgated by
the FL Department of Elder Affairs and/or the Local Area on Agency, the Alliance for Aging of Dade and
Monroe Counties. In consultation with the Nutrition Program Director and Nutritional Consultant, the Provider
will observe religious, ethnic, and seasonal preferences of specified foods and have an awareness of special
10
items possibly needed during certain holiday observances. Economic feasibility will be taken into
consideration. In addition, the Provider may be requested to provide meals for holidays, special events, and
picnic items in place of regular meals at no extra cost. The Provider must work with the Nutrition Program to
revise menus and meal procedures, as needed to ensure acceptable meal content and quality.
. Food items within the meat, vegetable, fruit, and dessert groups must be different for each day of the week
and different for the same days of each week, thus providing a variety of food and nutrients.
. Meal planning should include a variety of foods and preparation methods including, color, combinations,
texture, size, shape, taste, and appearance.
6. In addition to items indicated on the menus, the Provider must supply instant decaffeinated coffee, tea,
individual packets of sugar, sugar substitute, non-dairy creamer, salt and pepper in individual packets to meet
the Site's needs. Appropriate condiments including ketchup, mustard, salad dressings, lemon or lemon juice,
tartar sauce, etc. shall be served to accompany the menu. (Beverage and Condiment List provided in
Attachment 2.)
7. The Program's Nutritional Consultant and the Nutrition Program Director must approve the final menu
prior to implementation. Menu plans, as approved, must be adhered to.
. If new items are introduced into the menu, a sample must be provided to the Nutrition Program and tested
prior to using in meal service to clients.
8. Substitutions must be minimal and must consider the following:
. Substitutions must be of similar nutritional value and may not reduce the nutritional content ofthe meal.
There may be no deviation from portions specified.
. Items used, as substitutes should be the closest possible to the food(s) replaced e.g. a non-meat dish like
macaroni or eggs should not be replaced with a meat item. Also, consideration must be given to the meal
served the day before the substitution and the meal to be used the day after the substitution. Items similar
to those used in these meals should not be used, as substitutes e.g. do not serve a pasta or fish or ground
meat dish on consecutive days.
. The Nutrition Program Director and Site Managers must be informed when a substitution is made,
including the date of substitution, the original menu item, and the substitution made. These will be kept on
file at all times for Area Agency monitoring.
9. The Provider must meet the following standards for sanitation:
. Compliance with Federal, State and local regulations.
· Food preparation facility inspection within the previous six (6) months.
. Delivery standard for:
* temperature maintenance.
* sanitary conditions.
· Inspection ofthe Provider's facility including area related to; food preparation, packaging, and storage
areas at least twice annually by the Nutrition Program and/or funding source agencies.
· Requirement of a written, documented, formal, sanitation program within the facility which meets or
exceeds the minimum requirements of Federal, State, municipal, or other agencies authorized to inspect or
11
accredit the food service operation (further information on requirements can be found in Chapter 1 OD-13,
Florida Administrative Code).
. All staff working in the preparation of food must be under the supervision of a person who will insure the
application of hygienic techniques and practices in food handling, preparation, and service. This
supervisory person shall consult with the Provider's nutrition consultant.
10. Each meal served must meet specific criteria, which can be found in Attachment 4 ofthe Bid Document.
11. All food must meet all FDA / USDA regulations.
12. The Monroe County Nutrition Program, Alliance for Aging, and Florida Department of Elder Affairs may
inspect the food used in meals to determine compliance with all specifications and to reject food not
meeting said specifications and that any food rejected for failure to meet specifications shall not be paid for
by the Nutrition Program. In addition, Provider must submit to the Nutrition Program copies of all health
inspection reports within seven (7) days of receipt.
13. All meals must be individually packaged, packed in secondary cases/containers, and transported in a manner,
which assures maintenance of proper temperatures, quality, and condition of food and primary packaging. In
addition, hot and cold food must be packaged separately, in a manner that will ensure temperature control
during delivery and prevent contamination and spillage.
14. Meal containers, related items such as packages for condiments, and delivery boxes must be completely
disposable. Other supplies as flatware, cups, plates, table coverings, home delivered meal containers, napkins,
straws, paper towels, etc. are identified in Attachment 3, Supply List. Also, all tableware must be made of
disposable materials.
15. The meals shall be transported in the Provider's vehicle( s) in such a way as to maintain the proper temperature
at all times, until delivery (hot foods above 135 degrees F, cold foods at or below 41 degrees F., frozen foods
at a maximum of20 degrees below zero Fahrenheit or frozen solid, and neutral foods at room temperature.)
16. In all instances, except shelf-stable meals, the food will be prepared by the Provider (caterer), pre-portioned,
and transported to the specified Meal Sites where Monroe County Nutrition Staffwill receive them. The mode
of catering shall be pre-cooked or pre-plated in the case of cold plates, kept at prescribed temperatures at the
sites, and served or delivered to the clients. The Nutrition Program Staff is responsible for receiving the food,
proper food storage, checking temperatures, heating or chilling the food at specified temperatures, and, serving
and/or delivering the food, and suitable/prescribed clean-up.
17. Home-deliveries to Program participants are the responsibility of Nutrition Program Staff. Regulations from
the Florida Department of Elder Affairs as outlined in the Florida Administrative Code (F AC), Chapter 64E-
11, Food Hygiene specify that, "Perishable foods shall be stored at such temperatures as will protect against
spoilage. All potentially hazardous foods, shall be kept at safe temperatures. " Pursuant to this, all hot food
items must be delivered at a temperature of 135 degrees Fahrenheit or above, all cold food items must kept at a
temperature of 41 degrees Fahrenheit or below, and all frozen food must be kept at a temperature of20 degrees
below zero Fahrenheit. Neutral food s may be kept at room temperatures. In the event that normal delivery
day falls on a holiday, arrangements can be made with the agreement of the clients to deliver meals on another
day or an appropriate cannedlboxed meal that meets the specified nutritional values shall be delivered the day
before the holiday.
12
18. The Nutrition Program will not be required to pay for food not meeting proper specifications and/or which is
damaged, defrosted, and/or otherwise inedible.
19. The Nutrition Program will procure food from other sources at the Providers additional expense if the Provider
fails to deliver a meal or any portion of a meal or if the food is spoiled, defrosted, damaged and unusable, or
otherwise inedible.
20. The Provider agrees to notify the Nutrition Program of any extreme changes in food cost.
2. D. Emergency Meals
The Provider must demonstrate ability and be capable of supplying shelf-stable emergency meals pursuant to the
following conditions:
1. At the beginning of hurricane season (starts June 15t) the Provider will supply approved shelf-stable (at least 3
month shelf-life, preferably one-year) meals requiring no cooking, heating, or refrigeration. Meals will be
delivered in the amounts specified* to the following locations:
. Plantation Key, Plantation Key Government Center, MM 88.5, 88800 Overseas Highway, Plantation Key,
FL 33070 - 50 cases each containing 5 meals
. Marathon, 535 33rd Street, Marathon, FL 33050 - 50 cases each containing 5 meals
· Big Pine Key, 380 Key Deer Boulevard, Big Pine Key, FL 33043 - 50 cases each containing 5 meals.
· Truman School, Key West, 1016 Georgia Street, Key West, FL 33040 - 100 cases each containing 5 meals
Also, Monroe County Nutrition reserves the right to increase or decrease the number of delivery sites.
· *Quantities of emergency meals may be reduced at the request of the Nutrition Program. Quantities of
emergency meals may be increased by the Nutrition Program and delivered within a time period and a
schedule determined, and agreed upon, by the Nutrition Program and Provider.
· In the event of a disaster affecting Monroe County, the Nutrition Program may need additional meals and
support items. The Provider should be capable of meeting requests for increased services including
delivery of meals, supplies, and equipment, if necessary. Arrangements for such eventualities, including
quantities and schedules will be mutually arranged and agreed upon by the Nutrition Program and
Provider.
Emergency meals must meet all standards applied to regular meal items, including provision of 1/3 ofthe
RDA (Recommended Dietary Allowance) for older adults as specified in the most current requirements of
the FL Department of elder Affairs, required Nutritional Analyses, and consideration of sodium and sugar
content recommendations. Menus must be based on the Age 70+ male DRI's/AI's. The following nutrients
must be targeted and included in the computer-assisted menu analysis: calories, protein, fat, fiber, calcium,
zinc, magnesium, sodium,Vitamins B6, B12, C, and Vitamin A (vegetable derived/carotenoid sources).
Adequate amounts of calories, protein, fat, fiber, calcium, zinc, magnesium. Vitamin B6, B12, and
Vitamin C must be provided daily. Vitamin A and sodium may also be averaged over one week. However,
no individual meals should exceed 1200 mg of sodium.
2. Emergency meals must be easy to use, require as little preparation as possible, and be housed in disposable
containers.
3. The Provider must supply the Nutrition Program with descriptions, including Nutritional Analyses of
available emergency meals as specified in Paragraph 1. of this Section.
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2. E. Equipment
Following is a list of equipment currently available at the four Nutrition Program Meal Sites, located in Key West, Big
Pine Key, Marathon, and Plantation Key, which could be used by the Provider. All equipment with the exception of
Milk Coolers, which are owned and maintained by the current food service provider, is the property ofthe Nutrition
Program.
Refrigerators . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...
Chest Freezers ..........................................
lIsite
5/Key West Truman School Site
3/remaining Sites
I Key West Truman School Site
lIsite
lIsite
lIsite
lIsite
Upright Freezers........................................
Microwaves (small) .... .... ............................
Ice Machine s. .. .. .. . .. . .. . .. . .. . .. . .. . .. . .. . .. . . . . .. . ....
Blodgett (Zephaire) Convection Ovens...............
Milk Coolers (owned by current caterer). . . . . . . . .. . ..
· Please note that the existing wanning equipment at the sites may not be compatible with all meal systems
developed for the proposal. If present equipment is not adequate, suitable, or sufficient; it shall be the
Provider's responsibility to provide additional equipment needed to ensure the successful operation of the
program at its cost. Equipment installed by the Provider will remain the property of the Provider. Nutrition
Program equipment shall remain the property of the program.
· Milk coolers for each location shall be supplied and maintained by the Provider
· The Provider is responsible for training Nutrition Program employees in the use of the selected meal system
including operating and maintaining equipment, instructions on heating and chilling of meal items, and any
special requirements for the meal service.
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2. F. Operational Systems
1. Cater~rs/Providers shall describe in detail operational systems to be developed and implemented to
accomplish the following tasks based on approval by the Monroe County Nutrition Program:
a. Providing for meal ordering and scheduling of meal delivery service and receiving changes for
them.
b. Proposed record keeping and accountability with regard to billing and payment terms for all bills
and statements to the Nutrition Program.
c. Description of site supplies to be utilized with meals, i.e. plastic ware, cups, trays, etc. and site
supplies for Nutrition Program staff serving meals, i.e. gloves, aprons, hair nets (if applicable), and
supplies required for cleanup. i.e. garbage bags, sanitizing agents, detergents, etc., of which are to
be supplied by the Provider, at no extra cost. (Also see Attachment 3. for Supply List). Samples of
food service plastic ware are to be submitted with bid packages.
d. Proposed method of confirmation of deliveries, this should include at a minimum, a bill of lading
and a packing slip. To ensure proper credit, Nutrition Program staff, will examine items delivered
and identify and note on the bill of lading unusable meals such as those that are defrosted or
damaged or missing items. The Nutrition Program will then notify the Provider of any
discrepancies or damaged goods in the weekly deliveries.
e. Proposed method of billing should include use of invoices, which clearly identify items delivered
and their prices, including, meals, component items such as, desserts, bread, margarine, etc.,
beverages, and supplies. Provisions should be made for deducting costs of missing and/or damaged
goods on the food service statement.
2. Provide a statement describing the scope and nature of the Bidders purchasing practices, including bidding
practices and any existing or proposed long-term agreements with sources of food and related supplies.
3. Provide a statement describing the Bidder's quality and quantity control standards: which will govern its
purchasing of food supplies, its handling and storage of food supplies inventory, and its production, storage
and distribution of all meals and related items.
4. Provide a copy of the Bidder's food safety and sanitation program.
5. Provide a sample ofthe container in which frozen trays will be packed and shipped with the bid.
6. Submission of a weekly delivery schedule to be decided and agreed upon by the Nutrition Program and the
Provider, including the following:
· Deliveries must be made to all meal sites specified in the bid document.
· Deliveries will be made on weekdays only (unless the Nutrition Program agrees to other arrangements).
· The delivery schedule must specify when service will be provided (day and time) at each ofthe Meal Site
locations.
· The delivery schedule should be the same every week. Deviations from the schedule, due to special
circumstances, must be approved by the Nutrition Program.
· Provisions for special deliveries, such as emergency meals, will be determined and agreed upon by the
Nutrition Program and the Provider.
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2. G. Bid Costs and Price Development
Providers must develop and submit a per meal cost based on the following:
1. All Food Service Providers must submit a bid for the entire program and service area as described herein
and for meals to be delivered to Bayshore Manor.
2. Consideration of all information and requirements referenced in this bid document including the estimated
number of meals to be served annually, Condiment and Beverage List provided in Attachment 2, Supply
List shown in Attachment 3, number of meal sites, use of fresh food items and fruit on the menu, picnic
lunches, special occasions, and emergency meals.
3. A per meal cost based on the per week average (including all beverages and components) that includes
transportation to the following four (4) Monroe County Meal Sites:
. Plantation Key, Plantation Key Government Center, MM 88.5, 88800 Overseas Highway, Plantation Key,
FL 33070
. Marathon, 535 33rd Street, Marathon, FL 33050
. Big Pine Key, 380 Key Deer Boulevard, Big Pine Key, FL 33043
. Truman School, Key West, 1016 Georgia Street, Key West, FL 33040
4. Bid Prices should include information on the percentage breakdown of the cost for meals including the
following factors: labor, food, supplies, (including disposables), transportation, and overhead.
5. Per meal costs are including all meals to be provided under the Agreement. Cost per box of one week's
worth of meals (Total Meal System, (TMS), 5 meals per box, pre-packed) including all condiments,
components, and beverages.
. Bid prices should take into account the menu and food item requirements indicated in Attachments
1,2,3, and 4.
. Bid prices should consider costs of all meal components and shipping to delivery sites, including dairy
products, juices and bakery items.
. The Bid Price s must consider such cost categories as labor, food, supplies, transportation, and
overhead.
6. A per meal cost including the purchase of any equipment necessary for freezer, refrigerator, or chiller
storage and oven preparation at the meal sites for frozen and fresh entrees, added components and
beverages. This includes equipment such as, convection ovens, upright refrigerators, coolers, chest
freezers, and ice machines.
7. The USDA plant number must be included in any bid that includes frozen food.
2.H. Administrative Information
A Table of Organization ofthe food service establishment shall be provided, including identification of the
individual (s) to be assigned by the Provider as having primary operational responsibility for operational
16
control of this agreement and who would be responsible for overseeing food service and delivery to the
Nutrition Program if a contract is executed.
2. Provider must recognize and account for the Nutrition Program, being an element of County government, and
therefore eligible for sales tax: exemption in the State of Florida.
3. The Nutrition Program will require the Provider to furnish Certificates of Insurance for: Worker's
Compensation; General Liability Insurance and Automobile Liability Insurance, including Bodily Injury and
Property Damage; Product Liability, and Excess Liability Insurance, as necessary in such amounts as are
acceptable to and specified by Monroe County. Also, all insurance coverage and policies must name the
Monroe County Board of County Commissioners as additional insured.
4. The Provider is responsible for all record keeping and accountability with regard to billing and payment terms
for accounts with the Nutrition Program. Also, the Provider's financial records must be open for audit
purposes to Monroe County, the Alliance for Aging, and the Florida Department of Elder Affairs. Such
records must be maintained for a minimum of five (5) years.
5. The Provider must be able to supply information for nutrition reporting on labor costs and raw food costs, as
requested.
6. Provider must notify the Nutrition Program of any significant food cost changes.
7. The Department of Elder Affairs and the Alliance for Aging must approve the bid package and sample
Contract.
8. Provider agrees to sell approximately 120-170 frozen meals per week, including related condiments,
beverages, to Bayshore Manor Adult Assisted Living Facility operated by Monroe County at the same unit
price as offered to the Nutrition Program.
9. A reasonable effort will be made by the Provider to supply meals as agreed upon and the Provider will be
given five (5) days notice of the termination of the Agreement if the Provider is negligent or deficient in its
service or meals provided.
10. The Agreement for Services may be terminated by either party by providing written notice to the other party of
its intention to do so thirty (30) calendar days prior to said termination.
14. The Agreement is not assignable any person, firm, or corporation and sub-contracts shall not be entered into
without the written approval of Monroe County.
3. COPIES OF RFB DOCUMENTS
A. Only complete sets of RFB Documents will be issued and shall be used in preparing the proposal.
The County does not assume any responsibility for errors or misinterpretations resulting from the
use of incomplete sets.
B. Complete sets of RFB Documents may be obtained in the manner and at the location stated in the
Notice of Request for Bids.
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4. RFB REQUIREMENTS (MUST BE SUBMITTED WITH BID)
A. Each bid must contain evidence of the respondent's qualifications to do business in the area where
the project is located.
B. To demonstrate qualifications to perform the work, each respondent shall submit written evidence
as to previous successful contractual and technical experience in similar work including references,
description, volume of present commitments, evidence of possession of valid state, county, and
local licenses covering all operations and all areas of political jurisdiction involved in the work of
this project and such other data as may be requested by the County.
C. Provide evidence such as an insurance Agents Statement that the required insurance limits are met,
or are able to be obtained.
D. The Non-collusion Affidavit, Sworn Statement under Ordinance No. 10-1990, Drug Free
Workplace Form, and the Respondent's Insurance and Indemnification Statement must be
submitted with bid along with other required attachments as specified.
5. DISQUALIFICATION OF BIDDER
A. NON-COLLUSION AFFIDAVIT: Any person submitting a bid in response to this invitation must
execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered that collusion exists
among the Respondents, the bids of all participants in such collusion shall be rejected, and no
participants in such collusion will be considered in future proposals for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a proposal or bid on a contract to
provide any goods or services to a public entity, may not submit a proposal or bid on a contract with
a public entity for the construction or repair of a public building or public work, may not submit
proposals on leases or perform work as a contractor, supplier, subcontractor, or consultant under a
contract with any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
from the date of being placed on the convicted vendor list. Category Two: $25,000.00
C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this
invitation must execute the enclosed DRUG-FREE WORKLACE FORM and submit it with his
proposal. Failure to complete this form in every detail and submit it with the bid or proposal may
result in immediate disqualification of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or
proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT
OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in
every detail and submit it with the bid or proposal may result in immediate disqualification of the
bid or proposal.
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6. EXAMINATION OF RFB and BID DOCUMENTS
A. Each Bidder/Respondent shall carefully examine the RFB and other contract documents, and inform
himself thoroughly regarding any and all conditions and requirements that may in any manner affect
cost, progress, or performance of the work to be performed under the contract. Ignorance on the
part 0 f the Bidder/Respondent will inn 0 way relieve him 0 f t he 0 bligations and responsibilities
assumed under the contract.
B. Should a Bidder/Respondent find discrepancies or ambiguities in, or omISSIOns from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify the County.
7. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Bidder/Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received seven (7) or more days prior to the date
fixed for opening of responses will be given consideration. All such changes or interpretation w ill be
made in writing in the form of an addendum and, if issued, will be mailed or sent by available means to all
known prospective Bidders/Respondents prior to the established bid opening date. Each
Bidder/Respondent shall acknowledge receipt of such addenda in his Bid/Proposal. In case any
Bidder/Respondent fails to acknowledge receipt of such addenda or addendum, his response will
nevertheless be construed as though it had been received and acknowledged and the submission of his
proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the contract
documents and each bidder/respondent will be bound by such addenda, whether or not received by him. It
is the responsibility of each Bidder/Respondent to verify that he has received all addenda issued before
responses are opened.
8. GOVERNING LAWS AND REGULATIONS
A. The Bidder/Respondent is required to be familiar with and shall be responsible for complying
with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect
the work. Knowledge of occupational license requirements and obtaining such licenses for
Monroe County and municipalities within Monroe County are the responsibility of the
Bidder/Respondent.
B. The Bidder/Respondent shall include in his bid prices all sales, consumer, use, and other taxes
required to be paid in accordance with the law ofthe State of Florida and the County of Monroe.
9. PREPARATION OF BID
Signature of the Respondent/Bidder: The Bidder/Respondent must sign the bid forms in the space
provided for the signature. If the Bidder/Respondent is an individual, the words "doing business as
", or "Sole Owner" must appear beneath such signature. In the case of a partnership,
the signature of at least one of the partners must follow the firm name and the words "Member of
the Firm" should be written beneath such signature. If the Bidder/Respondent is a corporation, the
title of the officer signing the proposal on behalf of the corporation must be stated along with the
Corporation Seal Stamp and evidence of his authority to sign the proposal must be submitted. The
19
Bidder/Respondent shall state in the Bid/Proposal the name and address of each person interested
therein.
10. SUBMISSION OF BID
Interested firms or individuals shall submit two (2) signed originals and five(5) copies of the Bid in a sealed
envelope or box clearly marked on the outside, with the Bidder's name and "Bid - Food Service Meal
Catering for Nutrition Program". If sent by mail or by courier, it shall be addressed and sent to Monroe
County Purchasing Departm~~t,llOOSi~~I1~~Il~~~et, Room 1-213, Key West, FL 33040, on or before
3:00 P.M. local time on 'Wednesda~..:MateIlJ.2006. Faxed or e-mailed proposals shall be automatically
rejected.
Proposals not received at either the specified place or by the specified date and time, or both, will be rejected
and returned unopened to the bidder.
All bids shall remain valid for a period of ninety (90) days from the date of opening.
11. CONTENT OF SUBMISSION
The bid submitted in response to this RFB shall be printed on 8-112" x 11" white paper; shall be clear and
concise and provide the information requested herein. The bid shall be tabbed and bound in a loose leaf
binder and tabbed as provided in these instructions. Statements submitted without the required information
will not be considered. Bids shall be organized as indicated below. The bidder should not withhold any
information from the written response in anticipation of presenting the information orally or in a
demonstration. Each BidderIRespondent must submit adequate documentation to certify the
Bidder's/Respondent's compliance with the County's requirements. BidderIRespondent should focus
specifically on the information requested.
The following information, at a minimum, shall be included in the Submittal:
A. Tab 1. Cover Page
A cover page that states "BID - FOOD SERVICE MEAL CATERING for NUTRITION
PROGRAM". The cover page should contain Bidder'sIRespondent's name, address, telephone number,
and the name of the Bidder's/ Respondent's contact person.
B. Tab 2. General Information
1. A list of the entity's shareholders with five (5) percent or more of the stock or, if a general
partnership, a list of the general partners; or, if a limited liability company, a list of its members; if
unincorporated and not a partnership, the name(s) of owners.
2. A list of the officers and directors ofthe entity;
3. The number of years the entity has been operating and, if different, the number of years it has
been providing the services, goods, or construction services called for in the RFB;
4. The number of years the entity has operated under its present name and any prior names;
5. Whether, within the last five (5) years, an officer, general partner, controlling shareholder or
major creditor of the bidder was an officer, general partner, controlling shareholder or major
20
creditor of any other entity that failed to perform services or furnish goods similar to those sought
in the request for bids;
6. Customer references
7. Credit references
8. Financial statement for the most current year of operation.
C. Tab 3. Relevant Experience
The Bidder/Respondent shall provide a project history of the firm or organization demonstrating its
experience similar to that requested in order to show its ability to comply with Paragraphs 2.A. 1 and
2.A.2 and 2.A. 4 of the Specifications.
D. Tab 4. Past Performance on Similar Proiects
The Respondent shall provide a list of past clients along with the following:
Name and full address
Name and telephone number of client contact
Date of initiation and completion of contract
Summary of the services and area served.
E. Tab 5. Litigation
Answers to the following questions regarding claims and suits:
a. Has the bidder ever failed to complete work or provide the goods for which it has contracted? (If
yes, provide details.)
b. Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the
bidder, or its officers or general partners? (If yes, provide details.)
c. Has the bidder, within the last five (5) years, been a party to any lawsuit or arbitration with regard to
a contract for services, goods, or construction services similar to those requested in the RFP? (If
yes, the Respondent shall provide a history of any past or pending claims and litigation in which the
Respondent is involved as a result of the provision of the same or similar services which are
requested or described herein.)
d. Has the bidder ever initiated litigation against the county or been sued by the county in connection
with a contract to provide services, goods, or construction services? (If yes, provide details.)
F. Tab 6. County Forms. Licenses and Required Documents
Bidder/Respondent shall complete and execute the forms specified below:
1. Bid Form
2. Proof of Inspection by State Health Department, or comparable inspection from Florida Division of
Professional Regulation, USDA or County Health Department. Provider must have had an inspection
from the Department of Health within six months prior to submission of bid.
3. Civil Rights Compliance Form
4. Lobbying and Conflict oflnterest Clause (Ethics Statement)
5. Non-Collusion Affidavit
6. Drug Free Workplace Form
21
7. Bidder's Insurance and Indemnification Statement
8. Insurance Agent's Statement
9. In addition, copies of all professional and occupational licenses shall be included in this section. A
Monroe County occupational license is required to be obtained within ten days of award of the contract.
G. Tab 7. Table of Organization
An organizational chart of the food service establishment shall be provided, including identification of the
individual (s) to be assigned by the Provider as having primary operational responsibility for operational
control of this agreement and who would be responsible for overseeing food service and delivery to the
Nutrition Program if a contract is executed.
H. Tab 8. Compliance with Specification Requirements
1. Paragraph 2.A.8. Description of Delivery System and proposed schedule.
2. Paragraph 2.B. Description of food furnished to show compliance with Food Purchasing and
Preparation Standards.
3. Paragraph 2.0. Description of Emergency Meals and compliance with requirements.
4. Paragraph 2. E. Description of Equipment necessary to prepare the meals provided, and what bidder
will provide.
5. Paragraph 2.F. Provide descriptions of operational systems in paragraphs 2.F.I-3.
6. Paragraph 2.F.4. Provide a copy ofthe Bidder/Respondent's food safety and sanitation program.
1. In addition to the tabbed binders, provide a sample of the container in which frozen trays will be
packed and shipped.
J. Provide a shelf stable meal with the bid package.
K. A plated frozen meal with dessert and bread and butter must be delivered to the Purchasing
Department at the above address prior to the bid opening.
12. MODIFICATION OF RESPONSES
Written modification will be accepted from Bidder/Respondents if addressed to the entity and address indicated
in the Notice of Request for Bids and received prior to bid due date and time. Modifications must be submitted
in a sealed envelope clearly marked on the outside, with the Respondents name and "Modification to Bid -
Meal Catering for Nutrition Program". If sent by mail or by courier, the modification shall be addressed to
the entity and address stated in the Notice of Request for Bids. Faxed or e-mailed modifications shall be
automatically rejected.
13. RESPONSIBILITY FOR RESPONSE
The Bidder is solely responsible for all costs of preparing and submitting the response, regardless of whether a
contract award is made by the County.
14. RECEIPT AND OPENING OF RESPONSES
22
Bids will be received until the designated time and will be publicly opened. Bids shall be read aloud at the
appointed time and place stated in the Notice of Request for Proposals. Monroe County's representative
authorized to open the Bids will decide when the specified time has arrived and no bids received thereafter will
be considered. No responsibility will be attached to anyone for the premature opening of a bid not properly
addressed and identified. Bidders or their authorized agents are invited to be present.
15. DETERMINATION OF SUCCESSFUL BIDDER
The bid shall be awarded to the responsible bidder with the lowest conforming bid. The quality of the product
and service is also a basis of the award and the bid may not be awarded to the lowest bidder. County reserves
the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best
for the interests of the County. Responses that contain modifications, or are incomplete, unbalanced,
conditional, obscure, or that contain additions not requested or irregularities of any kind, or that do not comply
in every respect with the instruction to respondent and the contract documents, may be rejected at the option of
the County.
16. AWARD OF BID
A. The County reserves the right to reject any or all bids, or any part of any bid, to waive any informality in
any bid, or to re-advertise for all or part of the work contemplated. Ifbids are found to be acceptable by the
County, written notice will be given to the selected bidder of the acceptance of his proposal.
B. If the award of the bid is annulled, the County may award the bid to another respondent or the work may be
re-advertised or may be performed by other qualified personnel as the County decides.
C. The County also reserves the right to reject the bid of a respondent who has previously failed to perform
properly or to complete projects of a similar nature on time.
D. Award of a bid is contingent upon approval by the Monroe County Board of County Commissioners.
E. The recommendation of staff shall be presented to the Board of County Commissioners of Monroe County,
Florida, for final selection and award of contract.
17. EXECUTION OF CONTRACT
The Bidder/Respondent with whom a contract is negotiated shall be required to return to the County six (6)
executed counterparts of the prescribed Agreement together with the required certificates of insurance.
18. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Bidder/Respondent shall be responsible for all necessary insurance coverage as indicated below.
Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of contract,
with Monroe County BOCC listed as additional insured as indicated. If the proper insurance forms are not
received within the fifteen (15) day period, the contract may be awarded to the next selected Bidder/
Respondent. Policies shall be written by companies licensed to do business in the State of Florida and having
an agent for service of process in the State of Florida. Companies shall have an A.M. Best rating of VI or
23
better. The required insurance shall be maintained at all times while Bidder/Respondent is providing service to
County.
Worker's Compensation
Statutory Limits
Employers' Liability Insurance
$100,000 Accident
$500,000 Disease, policy limits
$100,000 Disease each employee
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$300,000 Combined Single Limit
or
$100,000/person; $300,000/occurrence
$50,000 Property Damage
Vehicle Liability
(Owned, non-owned and hired vehicles)
$100,000/Occurrence; $50,000/Person;
$25,000/Property Damage or
$100,000 Combined Single Limit
MONROE COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON THE GENERAL LIABILITY
AND VEHICLE LIABILITY POLICIES.
19. INDEMNIFICATION
The Bidder/Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the County as
outlined below:
The Bidder/Respondent covenants and agrees to indemnify, hold harmless and defend Monroe County, its
commissioners, officers, employees, agents, and servants from any and all claims for bodily injury, including
death, personal injury, and property damage, including damage to property owned by Monroe County, and any
other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise
out of, in connection with, or by reason of services provided by the Bidder/Respondent or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the
Bidder/Respondent, its Subcontractor(s) in any tier, their officers, employees, servants or agents.
In the event that the service is delayed or suspended as a result of the Bidder's failure to purchase or maintain the
required insurance, the Bidder shall indemnify the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the respondent is consideration for the indemnification
provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the contract.
24