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HomeMy WebLinkAboutResolutions - 1982.10.21 - 13419Miscellaneous Resolution 82321 October 21, 1982 BY: HEALTH AND HUMAN RESOURCES COMMITTEE IN RE: OAKLAND LIVINGSTON HUMAN SERVICE AGENCY AND MEDICAL CARE FACILITY AGREEMENT - HOMEBOUND MEALS PROGRAM TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS a sixth 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, 1932 and ending September 30, 1933; and WHEREAS it shall be the Medical Care Facility's responsibility to prepare the meals at their location at 1.200 N. Telegraph, Pontiac, Michigan 48053 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 such homebound persons shall consist of individuals aged sixty (GO) 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 $3.10 of which Title III-C will pay only $1.7•per meal with the Oakland County 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 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 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, 1982 through September 30, 1983 for the purpose of providing approximately twenty (20) homebound individuals with meals at a cost of $3.10 per meal, funded by Title III -C in the amount of $1.75 and by the Oakland County Medical Care Facility in the amount of $l,35. Mr. Chairperson, on behalf of the Health and Human Resources Committee, 1 move the adoption of the foregoing resolution. n‘) ( NUT 022 CONTRACT EFFECTIVE DATES: 20/1/82 - 9/80/E PROGRAM YEAR: 10/1/32 - 9/30/83 TYPE OF PROGRAM: NUTRITION AGREEMENT BETWEEN OAKLAND LIVINGSTON HUMAN SERVICE AGENCY AND OAKLAND COUNTY MEDICAL CARE FACILITY MONITOR: OPERATIONS DIRECTOR / /0/r/e SECTION I. AGREEMENT This Agreement is made this 1st day of October, 1982, between the Oakland Livingston Human Service Agency, hereinafter designated as the "Agency", having its principal office at 196 Oakland Avenue, Pontiac, Michigan, 48058, and the Oakland County Med- ical Care Facility, hereinafter designated as the "Contractor", having its principal office at 2200 N. Telegraph Road, Pontiac, Michigan, 48053. SECTIONJI. DATES - The Agreement shall be effective subject to availability of funding, as of this 1st day of October, 1982, and shall be in force during the period commencing on the effec- tive date and ending the 30th day of September, 1983, 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 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 IV, THE CONTRACTOR'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 aged 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"). cry 3 1 j ; f.7L L ktt. hours between completion of food preparation r6 -, 7 e 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 $3.10, Title 1IIC will only -pay $1.75 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. $1.14 Labor. . 1.80 Supplies................: $3.10 Less in-kind contribution 1.35 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 authbrized auditors and officials, upon request, to have access to such records for audit and review at a reasonable time and place. H. The Contractor shall 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 cause for contract termination of the Agency. 1, The Contractor shall allow the Agency, represented by the Operations Director, Nutritionist and/or the Oakland County Health Department, to inspect the food perparation area and the food containers used in transporting prepared meals and other food to the Agency, to determine the adequacy of the Contractor's cleaning, sanitation and maintenance practices. J. The Contractor shall accept the return of meals and/or foodstuffs for refunding or replacement which do not, in the judgment of the Agency, meet the following . specifications: 1. Temperature of food: 45 degrees or below for cold foods, or 140 degrees or above for hot foods. -2- 2. Correct therapeutic diet. '3. Characteristics of food: a. Pleasing in appearance, aroma and flavor, as judged by the Agency. b. Color as close to original as can be obtained by good food preparation standards. c. Texture of food 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 delivere( '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 ofthe 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 one (1:00 p.m.) o'clock 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 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 Agencyshall periodically review and comment on the six-week cycle menus prepared. by the Contractor as described in the Food Specifications, Attachment 'A" attached hereto. _ SECTION VI. COMPLIANCE The Contractor shall comply with all applicable laws, ordinances, codes 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, 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 Rehabil- itation 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 handicap, be excluded from participation in, be denied the benefits of, or be sub- jected to discrimination under any program or activity receiving Federal financial assistance. The 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. No' person shall, on the grounds of race, creed, color, sex, age, rational criln, height, weight, handicap or marital status, be excluded from participation in, be denied the proceeds of, or be subject to discrimination in the performance of this Agreement. The Contractor shall comply with all applicable regulations pro- mulgated pursuant to the Civil Rights Act of 1964. SECTION VIII, GENERAL PROVISIONS • A. Merger of Integration: This Agreement constitutes the entire contract between the parties with respect to the subject matter thereof and there are no other further written or oral agreements with repsect hereto. B. 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 or its intention to do so. The grOunds for just cause shall include failure to live up the terms of this Agreement or the occurence of an unforeseen event which would cause severe hardship to either party. C. Modification: No variation or modification of the Agreement, and no waiver of its provisions, shall be valid unless in writing and signed by the duly author- ized officers of bath parties. • D. Assignment or Delegation: No assignment or delegation of this Agreement shall be made, in whole or in part, without the written consent of the Agency being ' first obtained. • E. Insurance: The Contractor is bound to maintain insurance which covers employees and visitors to the facility. This insurancemust 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 Agreement without- liability or, in its r discretion,-to deduct from this 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 Con- tractor 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 Joyce Hoppe as its representative for same. jhe Contractor's representative may be reached by phone at (313)858 -141 The Agency's representative may be reached by phone at (313) 858-5163. I. Material Breach Clause: Any breach of promises or covenants contained herein shall be construed as a material breach and shall be the basis for immediate termination of this Agreement by the Agency. By: / • osition: Executive Director Et(qard P. Revis Date: Attest: Date: By: Date: Attest: Date: cl/ 2— S,E,CTION IX , . 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 his intent to pursue a claim against the Agency for breach of. any -terms of this Agreement. No.suit may be com- menced 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 (9D) day period, the Contractor, at the request of the -Agency, must meet with an appointe& 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 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 to determine the adequacy of the Contractor's cleaning, sanitation and maintenance practices. • All concerns of the above named 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 re-- quests for modification, the Operations Director will notify the Contractor and es- . tablish an appropriate period of time necessary to resolve the identified concern. SECTION XII. ATTACHMENTS A. Food Specifications. 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 a C"..7 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. 41 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 neat, 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. Dept. 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: Maxi= of 20% fat, all neat Beef Patties: Maximum of 20% fat, all meat 3. Meal Pattern: a. Meat or alternate: Three ounces cooked edible portions of neat or neat alternate. b. Vegetable and/or fruits: One 1/2 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. soup sent). Meat or Alternate Group Menu requirements: Three ounces cooked edible portion of meat, fish, fowl, luncheon Treats, eggs, or cheese. Meal 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 month. Alternate for protein is one ounce cooked lean meat, I egg, 1 ounce of cheddar cheese, 1/4 cup cottage cheese, 1/2 cooked dried beans or pease garbanzo (sometimes called chick peas), lentils, soybeans, lima beans or other legumes, 2 tablespoons peanut butter, 1 ounce cooked fish and 1 ounce cooked poultry. -1-- Examples of combinations that meet standards of three ounces of cooked lean neat or equivalent of alternate food;. Cheese burger made of 2 ounces cooked beef pattie plus 1 ounce slice of_cheese. Lasagna (2 oz. neat, 2 tablespoons cottage cheese and 1/2 egg for serving). 1/2 cup baked beans plus 2 ounces of ham. Pineapple-cottage cheese salad (1/4 cup cottage cheese) plus beef stew containing 2 ounces cooked lean meat per serving. When the Rain dish is high in salt, such as sausage or ham, an alternate such as cottage cheese rust be provided in the proper amount. Vegetables and/or Fruits Menu requirements: 1/2 CUP Serv±ng7:Fruit. All fruits and full strength fruit juices.. 1/3 Cup Serving Vegetable beCause butter is added. One-half cup of fruit or vegetables or a single piece as orHinarily eaten is a serving. For example, a medium-sized orange or one-half of a small grapefruit constitutes one serving, • . .• .• . . Fresh fruit rust be served at least 2 times per week with emphasis on the season's bounty. Canned fruit should he in water or juice. Fruit served a-,=; a dessert should count only as dessert. If it is counted twice, both. as a dessert and a a part of the suggested amount of vegetables and fruits, a Real 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 week-•and a vegetab 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, with emphasis on _whole grain products, is preferred. Bread alternates may include spaghetti, macaroni or rice. One serving of the following bread alternate is 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 - 2 - Desserts Menu requirements: • One 1/2 cup serving. All fruits and Simple desserts such as puddings, gelatin desserts, ice cream, ice milk and sherbet, cake, pie, cookies, and similar foods are also inclirled. A high calorie dessert (over 100 calories) cannot be offP -red more than once a week. 4. Menus: a. At least a five week cycle menu must be submitted to the Agnecy, 196 Oakland Avenue, Pontiac, Michigan 48058, for review and comment by the staff Nutritionist, three weeksprior to serving. The Contractor must assume responsibility for incorporating revisions specified by the Agency. b. Modified diets: Menus most 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 he 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. Eoliday Menus: The day prece&ing a holiday, or the holiday itself (such as St. Patrick's Day) shall have a menu appropriate to the holiday. 5. Ta7perature of Food: On delivery, cold feeds most have a temperature of no higher than 45 degrees F., and hot foods mast have a temperature of no less than 140 degrees F. These limitations in terrperature have been set by the Environmental Health Division of the State Departrent. See copy of 5-week cycle menu attached. #8232) Octo)r 21, 1982. Moved by Gosling supported by Fortino the resolution be adopted. AYES: Patterson, Perinoff, Pernick, Peterson, Price, Whitlock, Wilcox, Aaron, Caddell., Cagney, Calandro, DiGiovanni, Doydn, Fortino, Gabler, Geary, Gosling, Hobart, Lanni, McDonald, Moffitt, Montante, Moore, Olsen. (24) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MTCHIGAN) COUNTY OF OAKLAND) 1, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that 1 have compared the annexed copy of Miscellaneous Resolution #82321 adopted by the Oakland County Board of Com-lissioners at their meeting held on October 21, 1982 with the original 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, 1 have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan erk/Register of D this