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HomeMy WebLinkAboutResolutions - 1983.11.17 - 11715Miscellaneous Resolution 83309 November 3, 1983 BY: HEALTH AND HUMAN RESOURCES COMMITTEE IN RE: OAKLAND LIVINSTON HUMAN SERVICE AGENCY AND OAKLAND COUNTY MEDICAL CARE FACILITY AGREEMENT - HOMEBOUND MEALS PROGRAM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS a seventh year Agreement between the Oakland Livingston Human Service Agency (OLHSA) 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 (attached) shall be effective subject to the availability of funding and shall be in force during the period commencing October 1, 1983 and ending September 30, 1924; and WHEREAS it shall be the Medical Care Facility's responsibility to prepare the meals at their location at 2200 N. Telegraph, Pontiac, Michigan 48093 in accordance with Food Specifications provided and furnish said meals for the OLHSA Homebound Meals Program for approximately twenty (20) elderly persons living in the City of Pontiac and surrounding areas; 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- delivered meals; and WHEREAS OLHSA 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 OLHSA's employees or volunteers 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 OLHSA with a monthly invoice stating the number of meals ordered by OLHSA 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 $3.18 of which Title III-C will pay only $1.83 per meal with ;:dical Care Facility offering the remaining $1.35 per meal as an in-kind contribution to the program; and WHEREAS both parties shall comply with all other 1,H ,:ral, 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 authorize the execution of said Agreement between the Oakland Livingston Human Service Agency and the Oakland County Medical Care Facility for the period October 1, 1983 through September 30, 1984 for the purpose of providing approximately twenty (20) homebound individuals with meals at a cost of $3,18 per meal, funded by Title III-C in the amount of $1.83 and by the Oakland County Medical Care Facility in the amount o f $1.35. Mr. Chairperson, on behalf of the Health and Hum.,:n Re -;ources Committee, I move the adoption of the foregoing resolution. REPORT BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: MISCELLANEOUS RESOLUTION # 83309 - OAKLAND LIVINGSTON HUMAN SERVICES AGENCY AND OAKLAND COUNTY MEDICAL CARE FACILITY AGREEMENT - HOMEBOUND MEALS PROGRAM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: The Finance Committee has reviewed Miscellaneous Resolution #83309 and recommends that in accordance with Miscellaneous Resolution #82176 - S -ignator Authorization Procedure, the "NOW THEREFORE BE IT RESOLVED" be amended as follows: "NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners hereby authorizes its Chairperson to execute said agreement on behalf of the County of Oakland with the Oakland Livingston Human Services Agency for the purpose of providing approximately twenty (20) homebouod individuals with meals, prepared at the Medical Care Facility, at a cost of $3.18 per meal, funded by Title III-C in the amount of $1.83 and by the Oakland County Medical Care Facility in the amount of $1.35." Mr. Chairperson, on behalf of the Finance Committee, I move the acceptance of the foregoing report. FINANCE COMMITTEE CONTRACT # NUT 84 062 10/1/8 EFFECTIVE DATES: 9/30/34 10/1/33 - PROGRAM YEAR: 9/30/84 TYPE OF PROGRAM: Nutrition MONITOR: Operations Direct 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, 1983, 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", having its principal office at 2200 N. Telegraph Road, Pontiac, Michigan, 43053. SECTION IL - DATES This Agreement shall be effective, subject to availability of funding, as of this 1st ,day of October, 1983, and shall be in force during the period commencing on the effective date and ending the 30th day of'September, 1984, 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 Liv- ingston Human Service Agency. SECTION Pl. THE ONTRACTOR'S RESPONSIBILITIES The Contractor's responsibility is to furnish meals for the Agency's Homebound Meals Program to twenty (20) elderly persons in the City of Pontiac and surrounding areas. Such homebound persons shall consist of individuals aced sixty (60) years and older and who have been declared by a physician to be in need of home delivered meals. No more than fifty (50%) percent of the meals shall consist of special diets. 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 pre- paration 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") 3, 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 pick up 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 $3.18, Title III-C will only pay $1.83 per meal. Oakland County Medical Care Facility offers the remaining 31.35 per meal as an in-kind contribution to the program. The meal cost breakdown is as follows: Raw Food .......................S1,19 Labor ...,.............,.. 1.83 Supplies...,................... .16 $3.13 Less in-kind contribution__ 1.35 $1.83 G. The Contractor shall keep full and accurate sales and procurement records 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. 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 Agency. 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. 3. The Contractor shall accept the return of meals, and/or food stuffs for refund or replacement which do not, in the judgment of the Agency, meet the following specifications: , -2- 1. Temperature of food: 45 degrees Or below for cold foods, or 140 degrees or above for hot foods. Z. 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. Texture as close to original as good food preparation will allow. d. Individual meals correctly packaged and labeled. SECTION V. THE AGENCY'S RESPONSIBILITIES A. The Agency shall present the Contractor with a list of recipients of home delivered 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. 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 1:00 p.m., Monday through Friday, and deliver these meals to homebound persons. D. Notices of changes in menu shall be submitted by the Agency to theContractor 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, Attachement "A" attached hereto. 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, religion, national origin, age, sax, height, weight or marital status pursuant to 1975 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 1972, P.L. 93-112, 37 Stat. 394, which states that no employee or client or otherwise qualified handicapped individual shall, solely by reason of his/her handicap, be excluded from -participation in, be denied the benefits of ; or be subjected to discrimination under any program receiving Federal financial assistance. The parties shall comply with all other Federal, State or lotal laws, regulations, and standards, and any amendments thereto, as they may apply to the performance of this Agreement. -3- :MP POSITION: Executive Director DATE: DATE.: 13 ATTEST: DATE: ATTEST: DATE: OLHSA SLW/rc 091383 SECTION X - DISPUTES The Contractor shall notify the Agency in writing of its intent to pursue a claim agains 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 eNoiration 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 appointed 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 1-8 shall have the right to inspect the food preparation area ant the food containers used in transporting prepared meals and other food to the serving sites, and to determine the adequacy of the Contractor's cleaning, sanitation and maintenance practices .. All concerns of the above lamed parties regarding food preparation areas and containers 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 - ATTACHMENTS Food Specifications - See Attachment "A" IN WITNESS WHEREOF', the Agency and the Contractor have executed this Agreement as of the date first above written. • OAKLAND LIVINGSTON HUMAN SERVICE AGENCY OAKLAND COUNTY MEDICAL CARE FACILITY • 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. 3. 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 intention to do so. The grounds for just cause shall include failure to live up to the terms and conditions of this Agreement or the occurrence of an unforeseen' event, which would cause severe hardship to either party. 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 authorized officers of both parties. D. Assignment 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 obtaine Insurance: The Contractor is bound to maintain insurance which covers employees and visitors. This insurance must include at least 'Iorkmen's Compensation, Public Liability and Product Liability. A copy of the policies or certificates of insuranc must be sent to the Agency. The Contractor shall immediately notify the Agency if any of its issurance policies are cancelled. F. Covenant Agalpst Contingent Fees: The Contractor warrants that no person or sellinc agency or other organization has been employed or retained to solicit or secure his Agreement upon an understanding for a commission, percentage, brokerage, or core nge fee. For breach or violation of this warrant, the Agency shall have the rigot annul this Agreement without liability or, in its discretion, to deduct from Agrmen . 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 Operations Nutrition Specialistas its representative to convey complaints and grievances pertaining to the execution of this Agreement. The Contractor designates Joyce Hoppe as its representative for same. The Contractor's reoresentative may be reached by Phone at (313) 858-1423. The Agency's representative may be reached by phone at (313) 358-5191. I. Material Breach Clause: Any breach of promises or covenants containeo herein shall be construed as a material breach and shall te 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 ond liability arising against the Agency resulting from any act, omission or neglioence of the Agency. e -4- ATTACHMENT "A" OAKLAND COUNTY MEDICAL CARE FACILITY FOOD SPECIFICATIONS 1. Food shall be pleasing in appearance and flavor. 2. Food quality. Foods shall be prepared in accordance with the United States Department of Agriculture specifications as follows: Fresh Produce: Not less than U.S. #1 Canned Fruit and Vegetables: Not less than U.S. Grade B (Choice) Breaded Meat: U.S.D.A. Frozen Breaded Meat Specifications 4/1 pound Turkey Roll: All meat, 60% white and 40% dark Chicken: U.S.D.A. Grade A Veal: U.S.D.A. Good or better Lamb: U.S.D.A. Good or better Fish: Packed Under Continuous Inspection of the U.S. Department of Interior, Grade A Eggs: U.S. Grade A Beef: For roasting - U.S.D.A. Choice For pot roasting, simmering, braising or stewing - U.S.D.A. Good or better Ground Beef: Maximum of 20% fat, all meat Beef Patties: Maximum of 20% fat, all meat 3. Meal Pattern: a. Meat or alternate: Three ounces cooked edible portions of meat or meat alternate. b. Vegetable and/or fruits: One cup serving fruit. 1/3 cup vegetable because of the butter already added to it. c. Enriched or whole grain bread or alternate: One Serving d. Margarine: One teaspoon e. Dessert: 1/2 cup f. Milk: 1/2 pint (2%) Note: Canned or commercially processed soup shall not be served. (No soup sent Meat or Alternate G Menu requirements: Three ounces cooked edible portion of meat, fish, fowl, luncheon meats, eggs, or cheese. Meat alternates may be used occasionally for variety and may include dried beans or peas, nuts, or nut-butter (peanut butter and others). Chicken or turkey is to be offered once a week and roast beef 3 times a month. Alternate for protein is one ounce cooked lean meat, 1 egg, 1 ounce of cheddar cheese, 1/4 cup cottage cheese, 1/2 cooked dried beans or peas, garbanzo (sometimes called chick peas), lentils, soybeans, lima beans or other lecumes, 2 tablespoons peanut butter, 1 ounce cocked fish and 1. ounce cooked poultry. OUD Desserts Menu requirements: One 1/2 cup serving. All fruits and simple desserts such as puddings, gelatin desserts, ice cream, ice milk and sherbert, cake, pie, cookies, and similar food! are also included. A high calorie dessert (over 100 calories) cannot be offered more than once a week. 4. Menus: a. At least a five week cycle menu must be submitted to the Agency, 196 Oakland Avenue, Pontiac, Michigan 48058, for review and comment by the staff Nutritionist, three weeks prior to serving. The Contractor must assume responsibility for incorporating revisions specified by the Agency. b. Modlfied diets: Menus must be planned and food prepared in such a way as to be at least partially adaptable for sodium restricted and diabetic diets. Food is to be under-salted (.with salt available) and with high carbohydrate foods limited to any one meal. To meet this objective, creative use of herbs and mild spices, as opposed to liberal use of salt, is encouraged. C. Holiday Menus: The day preceeding a holiday, or the holiday itself (such as St. Patrick's Day) shall have a menu appropriate to the holiday. 5. Temperature of Food On delivery, cold foods must have a temperature of no higher than 45 degrees F., and hot foods must have a temperature of no less than 140 degrees F. These limitations in temperature have been set by the Environmental Health Division of the State Department. les of combinations that meet standards of three ounces of EXclITIO 1 OCOICSO Lasagna (2 oz. meat, 2 tablespoons cottage cheese 1/2 egg for serving). dilL1 an alternate nem Teat or equivalent of alternate food: Cheese burger made of 2 ounces cooked beef pattie plus 1 ounce slice of nee5e 1/2 cup baked beans plus 2 ounces of ham. Pineapple-cottage cheese salad (1/4 cup cottage c e e) plus beef s 2 ounces cooked lean meat per serving. When the main dish is high in salt, such as sausage or as cottage cheese must be provided in the proper amount. Vegetables and/or Fruits Menu requirements: 1/2 Clering-nruit. All fruits and full str-, 1 fruit juices. 1/3 Cup Serving Vegetable because butter is a One-half cup of fruit or vegetables or a single piece as ordinarily eaten a serving. For examole, a mediumesized orange or one-half of a constitutes one serving. =. .hasis the season's Fresh fruit must be served at least 2 times per week with bounty. Canned fruit should be in water or juice. Fruit served as a dessert should count only as dessert. If it is counted twice, both as a dessert and as a part of the suggested amount of vegetables and fruits a may be lacking in nutrients and satisfaction. A fresh salad (cole slaw, tossed green, etc.) must be served at least twice a week. (Tossed salad shall consist of 4oz. of lettuce, 1 oz. of spinich and 2 oz. of tomato with carrot added for color. A vitamin C rich vegetable or fruit shall be served 3 to 4 times a weekeand a vegei -abb or fruit rich in vitamin A shall be served 3 times per week. Enriched or Whole Grain Bread or Alternate menu requirements: One serving, Enriched or whole grain bread, biscuits, muffins, rolls, sandwich buns, corn bread and other hot breads. A variety of breads, withr...e•hasis on whole grain products, is preferred. Bread alternates may include spaghetti, macaroni or rice. One serving of the following bread alternateis equivalent to one slice of bread: 5 saltine crackers 2 graham crackers 1/2 to 3/4 cup cooked cereal, cornmeal, grits, rice, spaghetti, macaroni, or noodles (these should be enriched or whole grain). Fortified Margarine menu requirements: One teaspoon FISCAL NOTE BY: FINANCE COMMITTEE, DR. G. WILLIAM CADDELL, CHAIRPERSON IN RE: MISCELLANEOUS RESOLUTION #83309 - OAKLAND LIVINGSTON HUMAN SERVICE AGENCY AND OAKLAND COUNTY MEDICAL CARE FACILITY AGREEMENT - HOMEBOUND MEALS PROGRAM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: Pursuant to Rule XI-C of this Board, the Finance Committee has reviewed Miscellaneous Resolution #83309 and finds that this is a continuation of an ongoing program and that no further action is necessary. FINANCE COMMITTEE this 17th day #83 309 1 7, 19$3 Moved by Gosling supported by Nelson the report be accepted. A sufficient majority having voted therefor, the motion carried. Moved by Gosling supported by Nelson the resolution be adopted. Moved by Gosling supported by Moore the resolution be amended as follows: The NOW THEREFORE BE IT RFSOLVEn paragraph be amended to read "NOW THEREFORE BE IT RESOLVED that the Oakland County Boardof Commissioners hereby authorizes its Chairperson to execute said agreement on behalf of the County of Oakland with the Oakland Livingston Human Services Agency for the purpose of providing approxi- mately twenty (20) homebound individuals with meals, prepared at the Medical Care Facility, at a cost of $3.18 per meal, funded by Title III-C in the amount of $1.83 and by the Oakland County Medical Care Facility in the amount of $1.35." A sufficient majority having voted therefor, the amendment carried. Vote on resolution as amended: AYES: Gosling, Hobart, Jackson, R. Kuhn, S. Kuhn, Lanni, Law, McDonald, Moffitt, Moore, Nelson, Page, Perinoff, Price, Wilcox, Aaron, Calandro, Doyon, Foley, Fortino. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution as amended 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 # 83309 adopted by the Oakland County Board of Commissioners at thetr meeting held on November 17. 1983 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 h ..,:ve H1-,....;n:c set my hand and affixed the seal of said County at Fiac, '11(.nigan