HomeMy WebLinkAboutResolutions - 1985.12.12 - 11347Miscellaneous Resolution # 85390 December 12, 1985
By: HEALTH & HUMAN RESOURCES COMMITTEE--Nancy McConnell, Chairperson
In Re: MEDICAL CARE FACILITY--AGREEMENT WITH OAKLAND LIVINGSTON
HUMAN SERVICE AGENCY—HOMEBOUND MEALS PROGRAM
To the Oakland County Board of Commissioners
Mr. Chairperson, Ladies, and Gentlemen :
WHEREAS a ninth year Agreement between the Oakland Livingston
Human Services Agency ( OLHS A ) and the Oakland County Medical Care
Facility has been proposed for the purpose of catering federal therapeutic
home-delivered meals in Oakland County ; and
WHEREAS the Agreement shall be effective subject to the availability
of funding and shall be in force during the period commencing October 1,
1985, and ending September 30, 1986; and
WHEREAS it shall be the Medical Care Facility's responsibility to prepare
the meals at their location at 2200 North Telegraph, Pontiac, Michigan 48053,
in accordance with Food Specifications provided and furnish said meals
for the OLHS A Homebound Meals Program for approximately forty (40) elderly
persons living in Oakland County ; and
WHEREAS authorized officials shall have the right to conduct on-site
reviews of the food service, transportation, and handling operations ; and
WHEREAS such homebound persons shall consist of individuals aged
sixty (60) years and older and who have been declared by a physician
to be in need of home-bound delivered meals ; and
WHEREAS OL HS A shall present the Medical Care Facility with a list
of recipients of home-delivered meals and shall notify same of additions
or deletions immediately; and
WHEREAS OLHS A's employees or volunteer shall pick up meals prepared
by the Medical Care Facility and deliver these meals to homebound persons ;
and
WHEREAS the Medical Care Facility shall provide OLHS A with a monthly
invoice stating the number of meals ordered by OLH SA and prepared by
the Medical Care Facility during the previous month ; and
WHEREAS the meal cost breakdown shall reflect a total price per meal
of $3 .27 of which Title III-C will pay $1 .92 per meal with the Medical Care
Facility offering the remaining $1.35 per meal as an in-kind contribution
to the program ; and
:ECY APPROVE THE FOREGOING LESOLUTION
WHEREAS both parties shall comply with all other federal, state, and
local laws, regulations, and standards and any amendments thereto as they
may apply to the performance of the Agreement.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board
of Commissioners hereby authorizes its Chairperson to execute said Agreement
between the Oakland Livingston Human Service Agency and the Oakland
County Medical Care Facility for the period October 1, 1985, through September 30,
1986, for the purpose of providing approximately forty (40) homebound
individuals with meals at a cost of 3.27 per meal, funded by Title III-C
in the amount of $1.92 and by the Oakland County Medical Care Facility
in the amount of 1.35.
Mr. Chairperson, on behalf of the Health and Human Resources Committee,
I move the adoption of the foregoing resolution.
Health & Han Resources Committee
EFFECTIVE DATES: 9/30/86
10/1/85 -
PROGRAM YEAR: 9/30/86
TYPE OF PROGRAM: Nutrition
MONITOR: Operations Director
AGREEMENT BETWEEN
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY
AND
OAKLAND COUNTY MEDICAL CARE FACILITY
SECTION I - AGREEMENT
This Agreement is made this 1st day of October, 1985, between the Oakland Livingston
Human Service Agency, hereinafter designated as the "Agency", having its principal
office at 196 Oakland Avenue, Pontiac, Michigan, 48058-0598, and the Oakland County
Medical Care Facility, hereinafter designated as the "Contractor", haying its
principal office at 2200 N. Telegraph Road, Pontiac, Michigan, 48053.
SECTION II - DATES
This Agreement shall be effective, subject to availability of funding, as of this
1st day of October, 1985, and shall be in force during the period commencing on the
effective date and ending the 30th day of September, 1986, and during such additional
period(s)-of time as the Agency and the Contractor shall agree upon.
- In consideration of the mutual promises and covenants contained herein, the Agency
and the Contractor shall agree as follows:
• SECTION III - PURPOSE OF AGREEMENT
The purpose of this Agreement is the catering of Federal therapeutic home delivered
meals in Oakland County by Oakland County Medical Care Facility for the Oakland
- Livingston Human Service Agency.
- SECTION IV THE CONTRACTOR'S RESPONSIBILITIES.
The Contractor's responsibility is to furnish meals for the Agency's homebound meals
- program to an average of forty (40) elderly persons in the City of Pontiac and
surrounding areas. Such homebound persons shall consist of individuals aged sixty
- (60) years and older and who have been declared by a physician to be in need of home
• delivered meals. The Contractor shall prepare special diets only for those individuals
for Whom a physician has specified a particular diet in writing. Such service shall •
consist of the preparation of fresh_ foods daily, Monday through Friday, during the
operating days of the Agency,
A. The Contractor shall prepare meals at their location at Oakland-County Medical
Care Facility, 2200 N. Telegraph Road, _Pontiac, Michigan, 48053, in accordance_
with the Food Specifications attached hereto. (See Attachment "A")
'Food is to be prepared fresh daily with a lapse of time not to exceed two (2)_
hours between completion of food preparation and time of pickup by delivery
aide.
C. The Contractor shall individually package the meals and other food items in
containers, furnished by the Agency, for maintaining hot food at a temperature
of 140 degrees and above, and cold foods at a temperature of 45 degrees or less.
D. The Contractor shall accept the return of the soiled and empty containers from
the Agency's employees and/or volunteers following the delivery of the meals.
The Contractor shall be responsible for cleaning the containers for the next
day's use.
E. All equipment used by the Contractor in the preparation and storage shall be
appropriate to its use and shall be maintained in proper working order and
cleanliness. Any equipment which does not comply with the foregoing statement
must be repaired or replaced by the Contractor within a reasonable time.
F. The Contractor shall provide the Agency with a monthly invoice stating the
number of meals ordered by the Agency and prepared by the Contractor during the
previous month. Although the meal cost breakdown reflects a total price per
meal of $3.27, Title III-C will only pay $1.92 per meal. Oakland County Medical
Care Facility offers the remaining $1.35 per meal as an in-kind contribution
to the program. The meal cost breakdown is as follows:
Raw Food ..................... $1.23
Labor 1.86
Supplies ..................... -18
777T
Less in-kind contribution ....-. 1.35
$1.92
G. The Contractor shall keep full and accurate sales and procurementrecords related
to sales covered by the contract. All such records shall be kept on file for a
minimum of three (3) years after the end of each fiscal year to which they pertain.
The Contractor shall allow authorized auditors and officials, upon request, to
- - have access to such records for audit and review at a reasonable time and place.
Authorized officials shall have the right to conduct on-site reviews of the food
service, transportation and handling operations.
H. The Contractor must assure the Agency that any complaints registered by the Agency
with the Contractor shall be given prompt attention and that action to correct the
_ problem areas shall be taken by the Contractor immediately upon notification.
Failure-to correct the problem to the satisfaction of the Agency or repetition
of the problem due to the failure of the Contractor shall be deemed a cause for
contract termination at the discretion of the Aoency.
I. The Contractor shall allow the Agency, represented by the Operations Director,
a Nutritionist, and/or the Oakland County Health Department, to inspect the
food preparation area and the food containers used in transporting prepared meals
and other food to the serving sites, to determine the adequacy of the Contractor's
cleaning, sanitation and maintenance practices.
J. The Contractor shall accept the return of meals, and/or food stuffs for refund
or replacement which do not, in the judaement of the Agency, meet the following
specifications:
• I. Temperature of food: 45 degrees or below for cold foods, or 140 degrees
or above for hot foods.
- 2. Correct therapeutic diet.
3. Characteristics of food:
a. Pleasing in flavor, aroma and appearance, as judged by the Agency.
b. Color as close to original as can be obtained by good food preparation
standards.
c. Texture as close to original as good food preparation will allow.
d. Individual meals correctly packaged and labled.
SECTION V - THE AGENCY'S RESPONSIBILITIES
A. The Agency shall present the Contractor with a list of recipients of home de--
livered meals and shall notify the Contractor of additions or deletions
immediately upon the Agency's notification of such a change.
B. The Agency shall make payment to the Contractor within thirty (30) calendar
days of the date of invoice submitted by the Contractor, refer to Section IV,
(F). The Agency shall not be obligated to pay for any meals or other food
which does not meet the prescribed requirements.
r C. Employees or volunteers of the Agency shall pick up meals prepared by the Con-
tractor at Oakland County Medical Care Facility, 2200 N. Telegraph Road Pontiac,-
Michigan, 48053, at approximately Iljon ajr1,, Monday thrbugh Friday, and deliver
these meals to homebound perSons-.
D. Notices of changes in menu shall be submitted by the Agency to the Contractor
twenty-four (24) hours prior to food preparation.
- E. In the event that complaints are received from Program participants, program
staff, or others, relating to the meals prepared by the Contractor, the Agency
shall record such complaints and shall inform the Contractor of such complaints.
F. The Agency shall provide disposable compartment plates or trays.
G. The Agency shall periodically review and comment on the at least six week cycle
_menu prepared by the Contractor as described_in the Food Specifications. (See
Attachment "A") -
n•n
SECTION VI - COMPLIANCE
Both parties shall complY .with all applicable laws, ordinances and regulations of
: the Federal, State and local governments.
SECTION VII - DISCRIMINATION PROHIBITED
The parties shall not discriminate against any employee -or applicant for employment
with respect to hire, tenure, terms, conditions or privileges of employment, or a
matter directly or indirectly related to employment, because of race, color, reli-
gion, national origin, age, sex, height, weight or marital status pursuant to 1976
P.A. 453, Section 209. The parties shall also comply with the provisions of the
Michigan Handicappers Civil Rights Act, 1976 P.A. 220, and the Federal Rehabilitation
Act of 1973, P.L. 93-112, 87 Stat. 394, which states that no employee or client
or otherwise qualified handicapped individual shall, solely by reason of his/her
T " WIT 73 7 SCP,"7,NA 7ION PP O''1791777 4.d
°handicap, be excluded from participation in, be denied the benefits of, or be sub-
jected to discrimination under any prooran receiving Federal financial assistance.
The parties shall comply with all other Federal, State or local laws, regulations,
and stanoards, and any amendments thereto, as they may apply to the performance of
this Agreement.
SECTION VIII - GENERAL PROVISIONS
A. Merger or Integration: This Agreement constitutes the entire contract between
the parties with respect to the subject matter thereof and there are no further
written or oral agreements with respect hereto.
Termination: Either party may at any time during the life of this Agreement,
or any extension thereof, terminate this Agreement for just cause by giving
thirty (30) days notice in writing to the other party of its intent to do so.
C. Modification: No variation or modification of this Agreement, and no waiver of
its provisions shall be _valid unless in writing and signed by the duly author-
ized officers of both parties.
D. Assionment or Delegation: No assignment or delegation of this Agreement shall
be made whole or in part -, without the written consent of the Agency being first
obtained.
E. Insurance: The Contractor it bound to maintain insurance which covers employees
. and visitors. This insurance must include at least Workmen's Compensation,
Public Liability and Product Liability. A copy of the policies or certificates
of insurance must be sent to the Agency. The Contractor.,shall immediately
notify the Agency if any of its insurance policies are cancelled.
- F. Covenant Against Contingent Fees: The Contractor warrants that no person or
- _ selling agency or other organization has been employed or retained to solicit -- --
- - - or secure this Agreement upon an understanding for a commission, percentage,
brokerage, or contingent fee. For breach or violation of this warrant, the
Agency shall have the right to annul this Agreementwithout liability or, in
- its discretion, to deduct from Agreement or otherwise recover the full amount
- - of such commission, percentage, brokerage or contingent fee, or to seek such -
other remedies as legally may be available.
G. Independent Contractor Provision: The relationship of the Agency to the Contractor
shall be that of an independent contractor. No partnership, association or
joint enterprise shall arise between the parties hereto as a result of any
provision of this Agreement, nor shall any provision herein be construed as
- -- making an employee of the Contractor an employee of the Agency.
_H. Designation of Representatives: The Agency designates its Nutritionist as its -
-representative to convey complaints and grievances pertaining to the execution
of this Agreement.- The Contractor designates its Food ServiceManager as its
representative for same. The Contractor's representative may be reached by
phone at (313) 858-1423. The Agency's representative may be reached by phone
at (313) 858-5179.
OAKLAND LIVINGSTON HUMAN SERVICE AGENCY
By:
Edwar
OAKLAND COUNTY MEDICAL CARE FACILITY -
Position: Executive Director
Attest : t.:;97v--
Date:
Attest:
3 1 HSA .
EV/rc Date: _
.'987 734
/"-- fr
• SECTION VIII - GENERA! PROVISION (continued)
I. Material Breach Clause: Any breach of promises or covenents contained herein,
snail be construed as a material breacn and shall be the basis for immediate -
termination of this Agreement by the Agency.
SECTION IX - INDEMNIFICATION
A. The Contractor shall indemnify, defend and hold harmless, the Agency against
any and all expense and liability arising against the Contractor resulting
from any act, omission or negligence of the Contractor.
B. The Agency shall indemnify, defend and hold harmless,- the Contractor against
any and all expense and liability arising against the Agency resulting from
' any act, omission or negligence of the Agency.
SECTION X - DISPUTES '
The Contractor shall notify the Agency in writing of its intent to pursue a claim
against the Agency for breach of any terms of this Agreement. No suit may be
commenced by the Contractor for breach of this Agreement prior to the expiration
of ninety (90) days from the date of such notification. Within this ninety (90)
day period, the Contractor, at the request of the Agency, must meet with an ap-
pointed representative of the Agency for the purpose of attempting to resolve
the dispute. .
- SECTION XI - INSPECTION
Representatives from Administration on Aging, Office of Services to the Aging, and .
the Area Agency on Aging 1-B shall have the right to inspect the food preparation
- area and the food containers used in transporting prepared meals and other food to
the serving sites, and to determine the adequacy of the Contractors cleaning,
sanitation and maintenance practices.
- All concerns of theabove named parties regarding food preparation areas and con-, -
tainers shall promptly be brought to the attention of the Operations Director. If
such concerns constitute compliance violation or are considered by the Agency to
, be reasonable request for modification, the Operations Director will notify the
Contractor and establish an appropriate period of time necessary to resolve the
identified concern.
SECTION -XII - ATTACHMENT •
- A. Food Specifications
IN WITNESS WHEREOF, the Agency and the Contractor have executed this Agreement as
of the date first above .written. -
Food Shall be pleasing in abbearance and flavor.
2 . Food cuality: FocCs shall be oreoared accordance :ne United States
Cepartment of Agriculture soecifications as follows:
Fresn Produce: Not less than U.S. No.
Canned Fruit and Vegetables: No: less than U.S.. Grade 3 (:MPS,) J./ 2 pound
Breaded Meat: U.S.C.A. Fropen Breaded M=a: Specifications
Turkey Roll: All meat,. 50% white and 40% tark meat
Chicken: U.E.L.A. Grade A
Veal: U.S.C.A. Good or better
Lamb: U.S.C.A. Good or better
.Fish: Packed Under -Continuous insmection of the U.S. Cepartment of -
Interior, Grade A
Eggs: U.S. Grade A
Beef: For roasting .7_ U.S.C.A. choice
. For pot roasting, simmering, braising, or stewing - U.S.C.A.
- Good or better
Ground Beef: Maximum of 20% fat, all meat
Beef patties:- Maximum of 20% fat, all meat
- MeP1 p d e
a. Meat or alternate: Three ounces cooked edible portions of meat or
meat alternate may be used occasionally for variety..
b. Vegetables and/or fruits: Two 2/2 cup servings
_c Enriched or whole grain bread or alternate: One serving
d. Marcarine: one teaspoon
a. Dessert:, 1/2 cup
f. Milk: 1/2 pint (2%)
„- -I
'nu recuirmmaIn -s:
7hree-ounces cooked edible :ortion of meat, fisn, =owl, luncheon meats,
zoos, or =lease. Meat alternates may :e USEC :col:tonally =or variety
and may include cried teens :r :eas, nuts, or nut-cutter oeanut putter
and ctners;.
Chicken- is to te offered once a. week and roast beef once a monzn.
Alternate for protein is one ounce • tooked lean meat, I egg, 1 co. of
cneddar cheese, 1/4 :up coztaae cneese, 1/2 cup cooked cried beans or
peas garmanzo (sometimes called :nick teas); lentils, soyteans;- lima -
beans or ozner legumes, 2 tablestoons peanut butter, 1 oz. socked fish,
and 1 oz. cooked poultry.
Examples of combinations that meet standards of three ounces of cooked
lean meat or equivalent of alternate food:
Cheeseburcer made of 2 ozs. cooked beef pattie plus 1 oz. slice of cheese
Lasaana CZ ozs. meat, 2 tablespoons cottage cheese and 1/2 egg for serving)
cup baked beans plus. 2 cos. of ham
Pineapple-cottage cheese salad (1/4 cup cottage cheese) plus beef stew con-
taining ozs. cooked lean_ meat per serving _
When the main dish is high in salt, such as sausage or ham, an alternate
such as cottage cheese-must be provided in :h proper amount_
Veget abl e s and/or Fruits
Menu requirements: •
Two,, one-half cup servnas of vegetables or one 1/2 cup serving of vege-
tables and one 1/2 cup - serving of fruit_ Full strength vegetable or
fruit j.uice may be used occasionally. . - --
One-half sup of fruit or vegetables or a single piece as ordinarily eaten
is a serving. For example, a medium-sized orange or one-half of a small -
grapefruit constitutes one serving.
Fresh fruit must be served at least 2 times per week with emphasis onzne
season's bounty.
Canned fruit must be packed in its own ,juice or water.
Fruit served as a dessert should count only as dessert. . :f it is counted
twice,- both as a dessert and as a part of the sucaested amount 07 vegetaties
and fruits, a meal may be lacking in nutrients an satisfaction.
a
vuo Ana a
, resn salad °.pie caw, toer --,A,An, ,A ,—.; must := ,:er..'er4 -".. . ..; :r en,
i NeaAk. , Ildn SZUr".2 .. i,..'44i . -LIZ. -= ser'rad ••n ••:: .f.; ! ,Ba..0 MI '° ... ... '.
a.
.. , . sourde :17 i7:amin , 7:us: := orovIdee, thre,. :es . Nek.
artc..,.M :741 S . 'ICTE:
,..-Mar; Vs
I nn•• nnn•
stacner -i :taa ,roni And hoocia‘s are not •
4ho7e 3r=r4
Menu r.duirement ,:
One serving. Enriched or whole grain .....rad„ tiscuits, muffins, rolls,
sandwich buns_,. corn tread and other hot ore.ads. A variety of treads 'with
ErnPhasi.s on whole ;rain product: is preferred.
Bread alternaces.may include soagnetti, macaroni, ric.e, pancakes, waffles,
dumplings or whole grain cereals. .
One serving of the following bread alte.rnaie is eduivalent to one slice of
bread:
5 sal :I ne crackers
2 graham crackers
1/2 to 3/41.- cup cooked cereal -, cornmeal, grits, rice., spaghetti,
. macaroni, or noodles (these should be enriched or whole grain)
.• -• ror..,.1 71 ed Ma roari ne
Menu requirements:
One teasobon.
Desserts
One-, one 7 nalf duo. serving:.... All and simole desserts such as oup:Cinds,
gelatin: desserts, ice. cream,. ice milk and sherbet; cake', pie, cookie, and -
s-imilar foods. are also included. A high-calorie. dessert (over 100 calorieS)
cannot be offered =re than once. a week..
• Mil k
Vitamin A and. 0 fol—...ified skim or low-fat milk_
7..n addition to the above battern, menus must meet the following szedific.ations:
No meal snail include.- more than
serving), including the dessert.
t reads , cereals, crams, sugary
(corn, peas, winter squash, lima
three high carbohydrate items (over 12 :-/
Hion ::...roohydrate foods incluce oastz-.,
cecser—s, And starchy vaderablcAc and fruits
peens, tananas, potatoes and baked :beans).
„A variety.. of-foods must be included in the menu.. :na 2D-day menu cycle, no
entree preoared with the same recipe shall ;•-peat.. Recipes within :he meat, vegetable- and f.t-uit and -zessert -groups must -:e different for the same days c eaC71 week.
MI*
L , At 70=st wecx. dycle menus mucz :a :ne can:'/, ,/
?cntiat, AECI"7,, trtr ,na dt7ment ,v -ma sm'1"F rl'umrt:77.1 7 t":
twd weeKs - ,r1 2 _artr ,--ddr mus- sne
7-dr imtcrtorattng evlsIdns :y one Agency.
t. `,1,nus must :e :1Pnned nd ftca drrdart in suan a way
as td be a: least :ar:ially ,aatz ,,le for sodium r.sz:"..cted and diapettt
diets. Fcad is e under-salted ,witn salt awe:ladle) and, witn lign
o'roohydr,te .tods-lt=d in any one meAl.
c. There- should te at least two (2) special menus each month:
(I) The second :oiednesday of eacn month snail be desionazed for
celebration of birthdays with cake for dessert and an appropriate
menu.
- (2) The day orecedinc a holiday or the holiday itself shall have a
menu appropriate to the holiday.
, o. Temperature 07 Foo d:
On deliver, cold foods must have a temperature no higher than 45 degrees, and
hot foods must have a temperature no.less-than 140 degrees. These 'limitations -
in temperature have been set by the Environmental Health Division of the Oakland
County Health Department.
E. Food Carriers:
- The Agency must provide food carriers which have the capacity to keep hot
- foods above 140 degrees,- and cold. foods below 45 decrees, for_two (2) hours
:r until serving time and protect food _from dust, insects, and rodents dur-g
transportation.--
- 7. The following disposables shell be provided by the Contractor:
a.: Single- service -heavy duty ptensiTs
b. Single service plates or trays (without tompartments), squat cups, -
juice cups_ (with lids)
; c. Napkins
d. Disposable gloves for serving tread, fruit, or any other self-contained
item.
S. The Contractor shall provide serving eouipment including serving scoops,
spoons, eto., which are. the appropriate size to yield correct .portions.
Condiments:
The Contractor snail provide oondiments -including but not limited to:
Salt, pepper, sauces,-_salad dressing, mustard, catsup,
< •
.7/85390 December 12, 1985
12th day of 7—.) Dec=ber 1_9 85
ALLEN
Counk Clerk/Register of Deeds
Moved by McConnell supported by Fortino the resolution be adopted.
AYES: Pernick, Price, Rewold, Skarritt, Webb, Wilcox, Caddell, Calandro,
Doyon, Fortino, Gosling, R. Kuhn, S. Kuhn, Lanni, Law, McConnell, McPherson, Moffitt,
Moore, Nelson, Olsen, Page, Perinoff. (23)
NAYS: None. (0)
A sufficient majority having voted therefor, the resolution was adopted.
STATE OF MICHIGAN)
)
COUNTY OF OAKLAND)
I, Lynn D. Allen, Clerk of the County of Oakland and having a seal,
do hereby certify that I have compared the annexed copy of
Miscellaneous Resolution adopted by the Oakland County Board of Commissioners
at their meeting held on December 12, 1985.
with the orginial record thereof now remaining in my office, and
that it is a true and correct transcript therefrom, and of the
whole thereof.
In Testimony Whereof, I have hereunto set my hand and affixed the
seal of said County at Pontiac, Michigan
this