[2023-114 Senior Center Western Reserve Nutrition Exhibit A.pdf]
WESTERN RESERVE AREA AGENCY ON AGING
CONTRACT
WITH
PROVIDER
PROGRAM:
OLDER AMERICANS ACT/ SENIOR COMMUNITY SERVICES
CONTRACT PERIOD:
JANUARY 1, 2023 THROUGH DECEMBER 31, 2023
CONTRACT AMOUNT:
Contract Amount
CL2:524036_v1
EXHIBIT A
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PURCHASE OF SERVICE AGREEMENT
FOR OLDER AMERICANS ACT/SENIOR COMMUNITY SERVICES FUNDS
THIS AGREEMENT (hereinafter “Contract Agreement” or Agreement”) is entered into by
and between the Western Reserve Area Agency on Aging, an Ohio Nonprofit Corporation serving
the counties of Cuyahoga, Geauga, Lake, Lorain and Medina, Ohio (Agency), and PROVIDER
as the implementing authority (Contractor) for the purpose of providing Older Americans
Act/Senior Community Services (OAA) service(s) as described in the Older Americans Act of
1965, as amended, to persons sixty (60) years of age and older within the foregoing counties
(“Consumers”).
The Agency and Contractor hereby agree as follows:
ARTICLE I: SCOPE OF CONTRACT
1.1
The Agency shall enter into agreements with the Contractor to develop and implement a
comprehensive and coordinated system of services for consumers and their caregivers.
The Agency is ultimately responsible to the Ohio Department of Aging (ODA) for ensuring
that all state and federal funds received from ODA are used in a manner that complies with
this chapter and the uniform administrative requirements, cost principles and audit
requirements for federal awards under 45 C.F.R. Part 75.
1.2
The Contractor agrees to provide the OAA service(s) contained on the Contract Services
page(s), attached, for a twelve-month period commencing January 1, 2023 through and
including December 31, 2023 (“Term”).
1.3
The Contractor shall provide such service(s) according to the procedures described in the
Contractor's proposal(s) for Older Americans Act/Senior Community Services (OAA)
funds, as amended and approved by the Agency, and said proposal(s) is/are fully
incorporated herein. The Contractor is prohibited from assigning any of its duties under the
Contract Agreement to another provider or Contractor without the written authorization of
the Agency. The Contractor for the Aging and Disability Resource Network shall follow the
Roles and Responsibilities in Article II and provide such services as described in the
Contractors Contract Service Pages.
1.4
The Contractor shall meet the Agency’s specific objectives for giving priority to specific
consumer groups (including those described in this section) and shall satisfy the service
needs of older persons with the greatest economic and social needs. To the maximum
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extent feasible, the Contractor shall give particular attention to providing services to older
persons and adults with physical disabilities who are low-income, who are low-income
minorities, who have limited proficiency in the English language, who reside in rural areas,
or who are at risk for institutional placement (frail) in accordance with their need for such
services.
1.5
The Contractor shall specify how it intends to satisfy the need for services by consumers
with the greatest economic and social needs with particular attention to consumers who
are low-income, who are low-income minorities, who have limited proficiency in the
English language, who reside in rural areas, and/or who are at risk for institutional
placement.
1.6
The Agreement shall comply with the Older Americans Act and any additional federal
law governing, or federal rule regulating, the Agreement.
1.7
The Contractor warrants and covenants that during this Term of this Agreement it will
have the capability to and agrees to provide such service(s) as referred to above in
accordance with the Ohio Department of Aging (ODA) taxonomy of services and Agency
clarifications to said taxonomy of all services. This includes the requirement to comply
with the criminal records check under section 173.394 of the Revised Code and Rule
173-9-01 - 10 of the Ohio Administrative Code (OAC).
1.8
The Contractor shall comply with applicable Administrative Rules; those Rules are
posted on ODA’s website and are part of the Ohio Administrative
Code: https://aging.ohio.gov/wps/portal/gov/aging/agencies-and-service-
providers/rules-and-forms/currently-effective-rules
1.9
Contractors providing Nutrition Services shall comply with the provisions of Article X and
the applicable Rules of the Ohio Administrative Code including all documentation,
recordkeeping, and other requirements of the following Rules:
OAC
Topic / Service
173-4-02
Eligibility
173-4-03
Enrollment process
173-4-05.1
Congregate nutrition program
173-4-05.2
Home-delivered nutrition program
173-4-05.3
Restaurant and grocery meal service
173-4-05
Meal Service
173-4-08
Nutrition education service
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173-4-09
Nutrition health screening service
1.10 Contractors providing the following services shall comply with the applicable Rules of
the Ohio Administrative Code, including all reporting, documentation, recordkeeping,
and other requirements of the following Rules:
OAC
Service
173-3-06.1
Adult Day service
173-3-06.2
Chore service
173-3-06.3
Home maintenance, modification or repair service
173-3-06.4
Homemaker service
173-3-06.5
Personal care service
173-3-06.6
Transportation service
1.11 If the service provided is not specified in OAC 173-4-02, 173-4-03, 173-4-04, 173-4-05.1,
173-4-05.2, 173-4-05.3, 173-4-08, 173-4-09, 173-3-06.1, 173-3-06.2, 173-3-06.3, 173-
3-06.4, 173-3-06.5, 173-3-06.6, the Contractor shall comply with a written specification
of the service (e.g., a description of the service and any conditions for providing the
service contained in the Agency’s Request for Proposal (RFP) or the Contractor’s
approved proposal).
1.12 The Agency shall not reimburse the Contractor for any service unless a valid Agreement
is in place at the time the service is provided. No Agreement is valid unless and until the
Agreement is signed by authorized representatives from both the Agency and the
Contractor.
1.13 The Contractor shall designate its primary contact for purposes of this Agreement. Such
primary contact shall participate in provider orientation sessions at the Agency as a
condition to performance of this Agreement. Contractor shall also provide a current fax
number and e-mail address.
ARTICLE II: ADRN ROLES AND RESPONSIBILITIES
2.1
The purpose of this Agreement is to outline the roles and responsibilities in the
development of the Aging and Disability Resource Network (ADRN) between Contractor
and Agency.
2.2
Goals of ADRN
The purpose of the ADRN is to provide consumers with a point of entry to all long-term
services and supports, as well as a streamlined process for determining eligibility for all
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public programs that provide services and supports with particular attention to identifying
consumers at high risk for nursing home placement and re-hospitalization. The key
operational functions of a fully developed ADRN include: Information and Referral
Assistance; Specialized Information and Assistance: Long Term Services and Supports
Options Counseling and Assistance; Streamlined Eligibility Determinations for Public
Benefits; Care Transitions/Care Coordination and Quality Assurance and Continuous
Improvement.
2.3
The ADRN consists of Aging and Disability Resource Centers (ADRC), Benefits
Enrollment Centers (BEC) and Information and Referral Assistance (I&RA) providers.
The Agency is the coordinating agency for the ADRN. The PROVIDER shall be
designated as a N/A, N/A.
2.4
Coordination of Responsibilities
The Agency, as the ADRN coordinating agency, agrees to provide leadership and guidance in
the development and implementation of the ADRN and will work cooperatively in the
development and execution of the activities of the ADRN initiative as follows:
A.
The Agency staff will work cooperatively with each ADRN partner to define program
goals and budgetary issues to be addressed in implementing the project. A detailed work
plan will be developed outlining major activities for each program year. The work plan
will include timelines and evaluation outcomes.
B.
The Agency will work with ADRN partners to develop service protocols for the key
operational components of the ADRN.
C.
The Agency will conduct periodic technical assistance briefings and trainings for ADRN
staff related to carrying out the key operational components of the ADRN program.
D.
The Agency will convene meetings for the purposes of coordination and ongoing
program development.
E.
The Agency will work with community partners in developing a comprehensive resource
database which includes information about the range of long-term support resources in
the ADRN service area.
F.
The Agency will assist ADRN partners with developing relationships with critical pathway
partners.
G.
The Agency will work to develop a management information system that can support the
ADRN program functions.
H.
The Agency will conduct Marketing and Outreach on behalf of the ADRN as a whole.
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I.
The Agency will create a framework for quality assurance and evaluation.
2.5
The Contractor, as a designated N/A, agrees to fully participate in the development of a
regional Aging and Disability Resource Network and will work cooperatively in the
development and execution of the activities of the ADRN initiative as follows:
A.
The Contractor commits to developing program and evaluation goals as part of a
detailed work plan that outlines major activities as well as quality assurance and
evaluation processes.
B.
The Contractor commits to work with Agency staff and ADRN partners in the
ongoing development and implementation of service protocols for key operational
components of the ADRN.
C.
The Contractor commits to having a program representative participate in pre-
program planning and ongoing ADRN technical assistance and development
sessions.
D.
The Contractor commits to having a program representative attend coordination
and program development meetings with Agency staff and ADRN partners.
E.
The Contractor commits to the use of a comprehensive resource database.
F.
The Contractor commits to work in collaboration with the Agency to develop
relationships and organizational partnerships with critical pathway partners.
G.
The Contractor commits to consistency and competency in data collection and
reporting processes developed as part of the management information system
for the ADRN.
H.
The Contractor commits to conducting own site-specific marketing and outreach
in addition to what is coordinated for the whole network by Agency.
I.
The Contractor commits to participating in quality assurance and evaluation
developed by the Agency.
ARTICLE III: GRANT
3.1
The Agency agrees to pay the Contractor with OAA program funds for the service(s)
detailed in the attached { X } Contract Services page(s) and delivered in accordance with
Article 1 up to the amount(s) in Section B, Line 1 on the said page(s). The maximum
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amount of funds to be paid under this Agreement is: Contract Amount.
3.2
The Contractor may request modification(s) to this Agreement no more than twice between
January 1 and September 30th of each year unless the Agency initiates additional
modifications. Modification shall be at the sole discretion of the Agency, and request for
modification shall be made in writing and reasonably in advance of need for modification
or as soon as practicable. The grounds for modifying this Agreement are: emergency/force
majeure, unforeseen changes in Consumer needs or in Contractor’s ability to meet
Consumer needs, and changes in funding or funding levels. The process for modifying
this Agreement is: Contractor shall in writing set forth the modification requested and the
grounds for the modification sought. The Agency shall respond in writing promptly or as
soon as practicable.
3.3
The Contractor understands that the funds allocated to this Agreement are subject to
increase or decrease at any time prior to the final payment to the Contractor by the Agency
based on its notification of grant awards from the ODA, and that such a change may affect
the amount or the scope of the services provided by the Contractor under this Agreement.
The funding source for this Agreement is federal and State of Ohio funds provided through
the Ohio Department of Aging (ODA). State of Ohio funds are provided through the Senior
Community Services State Subsidy. Federal funds provided through the Administration on
Aging and ODA are:
Title III B
Supportive Services
CFDA #93.044
Title III C-1 Congregate Meals
CFDA #93.045
Title III C-2 Home-Delivered Meals
CFDA #93.045
Title III-D
Preventive Health Services CFDA #93.043
Title III-E
Caregiver Services
CFDA #93.052
The federal funding source for each service is found on the Contract Services page(s)
Section A, Line 2.
3.4
The Contractor shall attempt to pace service delivery proportionately at 1/12 of their annual
contracted units per month. The Agency will inform the Contractor of reimbursement
restrictions if they become necessary.
3.5
This Agreement is for the provision of goods or services paid for with federal funds that
the United States Department of Health and Human Services appropriated to the Ohio
Department of Aging (ODA). ODA, in turn, allocated the federal funds to the Agency.
This Agreement is subject to all applicable federal and state laws, rules and regulations,
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including ODA's Rules.
ARTICLE IV: METHOD OF PAYMENT
4.1
Payment for services rendered under this Agreement shall be made within thirty (30)
calendar days after timely receipt by the Agency of an accurate and complete “Older
Americans Act/Senior Community Services Provider Monthly Request for Payment” from
the Contractor, if the reports required in Article V of this Agreement have also been
submitted to the Agency by their due dates. The Agency shall then pay the Contractor at
the OAA unit rate specified in Section B Line 9 of the attached Contract Service page(s)
for each eligible OAA unit of service delivered by the Contractor and reported to the
Agency.
4.2
If any such report is submitted after its due date no payment shall be made until thirty (30)
days after such late report is received by the Agency. If any such report is deemed by the
Agency not to be complete and accurate no payment shall be made until thirty (30) days
after a complete and accurate report is received. Reports may be deemed inaccurate, for
instance, if the SAMS Agency Summary Report is not included with the Request for
Payment, or if the units shown on the SAMS Agency Summary Report do not match the
units on the Request for Payment, as described in Article 5.
4.3
Updated unit, cash and in-kind match, client cost share, program income and other funds
spent shall be reported on the Request for Payment no later than January 31, 2024.
4.4
If any report required in Article V of this Agreement is received by the Agency after January
31, 2024, the outstanding funds shall not be paid to the Contractor.
4.5
If a service under this Agreement is for any of the four (4) quarters of the Term of this
Agreement not performed by the Contractor the Agency shall for each such quarter reduce
the Contractor's OAA award for such service by a prorated one-fourth of the annual award
for said service. Should Contractor fail to provide at least 65% of the units detailed in the
attached Contract Services pages by September 30, 2023 the Contractor shall be deemed
to have relinquished unused funds so that those funds may be distributed to other
contractors by the Agency. In the Agency’s discretion, exceptions to the consistent pace
of service may be granted upon written request by the Contractor.
4.6
Contract amounts which are not earned by the Contractor will not accrue or carry forward
to a future contract period.
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ARTICLE V: MONTHLY AND OTHER FINANCIAL AND SAMS REPORTING
REQUIREMENTS
5.1
The Contractor agrees to submit an Older Americans Act/Senior Community Services
Request for Payment that is accurate and complete as to units of service, cash and in- kind
match, client cost-share, program income and other funds spent; each such Request for
Payment shall be received by the Agency on or before the tenth (10th) calendar day of
each month from February 2023 through January 2024 for services performed in the
preceding month. If the tenth (10th) day falls on a Saturday, Sunday, or holiday, such report
shall be due the following business day.
5.2
The Contractor, to the extent determined by assigned cluster activities and as required by
ODA, must use the Social Assistance Management System (SAMS) program to report
required consumer information (including demographics) and account for units of service
delivered. Such data must be entered into SAMS on or before the tenth (10th) calendar day
of each month from February 2023 through January 2024 for services performed in the
preceding month. The Agency will provide the Contractor with a subscription and license
to access the SAMS Program during the Term of this Agreement; all other provisions of
the RFP for this Agreement which relate to the use of the SAMS system are incorporated
herein by reference.
5.3
To the extent Contractor uses the SAMS Program to report information, Contractor shall
submit a printed SAMS Agency Summary Report with its Request for Payment. The units
on the Agency Summary Report must match the monthly Request for Payment.
5.4
If an error is made on a monthly Request for Payment the error must be corrected within
three months using the Unit Adjustment Form. The Contractor must provide a written
explanation for the correction and request an adjustment on a subsequent Request for
Payment; the error must also be corrected in SAMS. A request for adjustment is subject to
approval by the Agency.
ARTICLE VI: MATCH, PROGRAM INCOME AND COST-SHARING
6.1
The Contractor is required to provide cash or in-kind resources equal to a percentage of
the funds provided by the Agency for each service, as specified on the Contract Services
page(s) attached to this Agreement. This amount is the “match”. Contractor covenants,
warrants and certifies that the match required for each service will be a cost reasonably
expected to be incurred in the delivery of the service.
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6.2
The Contractor further agrees that final payment will be reduced if the Contractor has
incurred and reported on the monthly Request for Payment less than the minimum match
for each service, as required by the Agency. This reduction will be in the amount necessary
to support the total payments to Contractor with the reported match using the Agency’s
minimum required match percentage.
6.3
The Contractor is encouraged by the Agency to receive voluntary contributions for services
reimbursed with Older Americans Act funds, and to record these as Program Income.
The Contractor further agrees as follows:
A.
The terms "charge" and "fee" must not be used when presenting this
opportunity to contribute.
B.
No person sixty (60) years of age or older may be denied service under this
Agreement due to that person's inability or decision not to contribute to the
service.
6.4
The Contractor shall implement a consumer cost-sharing policy under Rule 173-3-07 of
the Administrative Code for any service that is subject to such Rule
6.5
Program Income and Cost Sharing funds shall be used exclusively to pay for the cost of
and expand the capacity to provide the service from which they were generated.
ARTICLE VII: MONITORING
7.1
The Agency, ODA or the Administration on Aging may conduct on-site monitoring of a
service(s) for which funds are being reimbursed under this Agreement at any time during
the normal working hours of the Contractor with no prior notification necessary, and the
Contractor agrees that representatives of the Agency, ODA or the Administration on Aging
shall be given full and immediate access to the premises upon which such service(s) is/are
being provided.
ARTICLE VIII: RECORD MAINTENANCE, ACCESSIBILITY AND RETENTION
8.1
To the extent authorized by law, the Contractor shall allow representatives of the Agency,
ODA, and the Administration on Aging access without prior notice to all programmatic,
fiscal, and other records related to the service(s) for planning, auditing, and monitoring
purposes at any time during the normal working hours of the Contractor, except that prior
notice of at least 24 hours shall be given where access is sought to the confidential
complaint files of the Contractor.
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8.2
The Contractor shall keep and maintain Consumer information, including but not limited to:
name, address, telephone number, date of birth, gender, minority status, disability and
poverty status, emergency contact person’s name and telephone number, and functional
abilities of Consumers, relevant to service(s) delivered.
8.3
The Contractor shall document that all service(s) were delivered in accordance with the
ODA taxonomy of services and Agency clarifications to said taxonomy, as well as the ODA
Conditions of Participation and Service Specifications contained in the applicable
Administrative Rules.
8.4
The Contractor shall retain records relating to costs, work performed, supporting
documentation for payment of work performed, and all deliverables for monitoring by the
Agency and ODA, and for auditing by the state auditor, the inspector general, duly-
authorized law enforcement officials, and agencies of the United States government for a
minimum of three years after the end of the Term of this Agreement. If a record is
monitored or audited, the Contractor shall retain it until the monitoring or auditing is
concluded and all issues are resolved, even if doing so requires the Contractor to retain
the record for more than three years.
8.5
The Office of the State Long Term Care Ombudsman of ODA shall have access to the
complaint files of the Contractor. The Agency shall use and treat all information contained
in said records as is required by law, including the Older Americans Act Amendments of
1987.
8.6
The Contractor shall have audit, review and monitoring rights to the extent provided by the
Ohio Public Records Act.
ARTICLE IX: ACCOUNTING RECORDS
9.1
The Contractor agrees to maintain its accounts and documents at all times so as to readily
permit the determination of the status of the cost of services rendered under this
Agreement and to have such information readily available for examination by government
auditors or Agency representatives.
9.2
The Contractor agrees to maintain supporting documents so as to permit the determination
of the status of cash, accrual and in-kind transactions which are used as a match for the
Contractor's OAA funds.
9.3
If the Contractor receives funds to administer activities not covered under this Agreement,
the Contractor agrees to develop and maintain documentation describing the method used
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to allocate any line-item costs that are shared by the OAA service(s) and other such activity
and agrees to have such information readily available for examination by government
auditors or Agency representatives.
9.4
The Contractor agrees to comply with all applicable federal (e.g. 45 CFR, Sec 92.25) and
state administrative rules and regulations, ODA’s Rules, and with Agency policy, for the
procedures relating to and the accounting for program income.
ARTICLE X: NUTRITION SERVICES
If a nutrition service is covered under this Agreement, the Contractor further agrees as follows:
10.1
Meal Reports:
The Contractor agrees to submit to the Agency accurate meal report(s) in accordance with
the forms provided by the Agency and in accordance with due dates established by the
Agency.
10.2
Emergency Food and Closings:
In the event of an emergency which includes, but is not limited to, inclement weather, utility
failure, strikes, natural hazards or acts of God, the Contractor may opt to close a service
center, and written confirmation of such emergency must be received by the Agency within
48 hours of any such closure. In any such instance, the Contractor agrees to make every
reasonable effort to fulfill its home-delivered meal responsibilities. Emergency food
supplies are to be used only when authorized via telephone by the Agency, and written
confirmation of such authorization together with the name of the person who provided such
authorization on behalf of the Agency must be received by the Agency within 48 hours.
The Contractor agrees to pay for the cost of replacing catered meal supplies and/or
emergency food which are/is lost, stolen, or otherwise removed or used without the
Agency's authorization.
10.3
Food/Supply Delivery:
The Contractor agrees to provide staff at its site who will accept, count, check and record
temperatures of potentially hazardous foods, and who will sign for the delivery of IIIC meals
and supplies scheduled to take place daily between 6:00 am and 10:30 am.
10.4
Interruption of Nutrition Service:
The Contractor agrees to submit in writing to the Agency all requests for relocating and
remodeling nutrition sites. Such requests must be received by the Agency not less than
sixty (60) calendar days prior to the proposed relocation/remodeling in order to receive
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prior approval from the Agency. The Contractor agrees to notify the Agency in writing no
later than the Thursday of the week prior to any scheduled activities which interrupt
nutrition service delivery, and to obtain written Agency approval prior to any such
interruptions.
10.5
Number of Serving Days
The Contractor agrees to provide OAA nutrition services each day during the Term of this
Agreement (i) as detailed in the Contractor's WRAAA 2023 Nutrition Meal Worksheet, (ii)
as summarized on the attached nutrition Contract Service page(s) (Section A, Line 5), and
(iii) as approved by the Agency. The Contractor agrees that any change to the number of
serving days (outside of emergency closing days) must be approved in writing and in
advance by the Agency.
10.6
Meal Usage
The Contractor shall be responsible for paying the Agency for any meals ordered in excess
of the number of meals allocated to Contractor on the appropriate Contract Services
page(s) (Section A, Line 5) which are paid for with OAA funds The Agency may recover
the amount due to the Agency from the Contractor under this section in accordance with
Article 14.2.
10.7
Menus for Sites funded for onsite or central kitchen preparation
If Contractor prepares and serves meals through onsite preparation or a central kitchen,
Contractor must submit 3-month cycle menus to the Agency for pre-approval. The cycle
menus must be submitted 30 days prior to the beginning of a menu cycle.
10.8 Nutrition Education and Health Screen Services
To the extent Contractor provides congregate nutrition products or services (OAC Rule
173-4-05.1), home-delivered nutrition products or services (OAC Rule 173-4-05.2) or
restaurant and grocery meal services (OAC Rule 173-4-05.3), it is the responsibility of the
Contractor to provide Consumers with nutrition education and health screening services in
accordance with Rules 173-4-08 and 173-4-09 of the Ohio Administrative Code.
ARTICLE XI: CONDITIONS OF THE GRANT
11.1
If the Contractor is found to be in violation of a state and/or local health, fire, safety, zoning
and/or sanitation code, the Contractor must in writing notify the Agency immediately. The
Agency may suspend the grant without advance notice, including the withholding of the
supply of meals and/or any payments in whole or in part due under this Agreement, due to
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the Contractor’s failure to comply with a state and local health, fire, safety, zoning and/or
sanitation code; the Agency will give written notice of the specific reasons for the
suspension to the Contractor. The Contractor must provide evidence that the violations
have been corrected before the suspension will be lifted.
ARTICLE XII: PROBLEMS IN PROVISION OF SERVICES
12.1 The Agency may begin the process to suspend and/or terminate this Agreement, the
grant and/or any payment due under this Agreement for any one of the following causes:
A.
The Contractor’s failure to provide Reports required by this Agreement in
accordance with due dates established by the Agency.
B.
The Contractor’s failure to permit on-site monitoring and/or review of all
pertinent records.
C.
The Contractor’s failure to comply with the accounting, record keeping
and/or audit requirements of this Agreement.
D.
The Contractor’s failure to provide and/or document service(s) in
accordance with ODA Service Specifications and applicable Rules, or as
required by this Agreement.
E.
The Contractor’s failure to conform to any of the legal requirements of Article
20.
F.
The Contractor’s failure to perform fully all of the Contractor’s other duties
and responsibilities in accordance with this Agreement.
12.2
The Agency will notify the Contractor in writing of any problems it finds in the provision of
the service(s). If the health, safety or well-being of a Consumer is at immediate risk the
Contractor shall respond to the Agency as soon as possible but not later than forty-eight
(48) hours after receiving such notice, informing the Agency of the corrective action it has
taken or it will take in regard to each such problem, and, if the corrective action has not yet
been taken, stating when such corrective action will be effective. If the health, safety or
well-being of a Consumer is not at immediate risk, the Contractor shall respond in writing
to the Agency as soon as possible but not later than ten (10) calendar days after receiving
such notice, informing the Agency of the corrective action it has taken or will take in regard
to each such problem, and stating when such corrective action was or will be effective.
12.3
If the Contractor does not respond in writing as required by the foregoing provision, or if
the Agency does not approve such corrective action and/or the date proposed for its
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implementation, the Agency shall so inform the Contractor in writing and specify a time by
which corrective action acceptable to the Agency shall be proposed and/or implemented.
If such corrective action is not proposed and/or implemented by the Contractor timely the
Agency may suspend or deny payment to Contractor or may terminate this Agreement.
12.4
If this Agreement has not been terminated pursuant to the foregoing provision, and
payments are merely suspended, reimbursement may resume when the Contractor has
taken all required corrective action and the Agency receives and approves a written report
documenting the corrective action.
ARTICLE XIII: CONDITIONAL CONTRACTOR STATUS
13.1
The Agency may designate Contractor as an OAA service provider with problematic
programs, in accordance with Agency Policy, due to performance failures; as a Conditional
Contractor, the Contractor may be placed into a probationary status. In event of said
designation, the terms of the probation shall become an addendum to this Agreement.
ARTICLE XIV: RECOVERY OF FUNDS
14.1
The Contractor must return any funds received from the Agency if the Agency determines
that the Contractor was paid for any unit or units of service it did not actually provide, for
units provided to ineligible Consumers, or for units that it provided that did not comply with
the Ohio Administrative Code, the Ohio Revised Code, or any other law that regulates the
Contractor or the services provided; a Contractor shall also return any funds received from
the Agency for services that did not comply with the requirements set forth in the Agency’s
Request for Proposal, or the Contractor’s approved Proposal, or which were not properly
documented as required by this Agreement.
14.2
The Agency may recover its payment made for any such service unit or units from the
Contractor by withholding funds due to the Contractor under this Agreement or under any
other agreement the Contractor has entered into with the Agency, or at any time after the
termination of this Agreement. Recovery may also be sought by legal action. The
maximum amount of funds to be paid under this Agreement may, in the discretion of the
Agency, be reduced by the amount of the funds recovered or to be recovered by the
Agency.
ARTICLE XV: CONTRACTOR AUDITS
15.1
If the Contractor is subject to OMB circular A-133 requirements the Contractor shall obtain
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an independent audit by a certified public accountant which encompasses the grant period
and funds under this Agreement within nine months following the Term of this Agreement,
and shall provide the Agency with a copy of the such audit within ten (10) calendar days
after such an audit report is received by the Contractor.
15.2
If the Contractor is not subject to OMB circular A-133 requirements, but nonetheless
obtains an annual agency audit which covers any part of this grant period or funds under
this Agreement, the Contractor shall submit a copy of such audit to the Agency within ten
(10) calendar days after such audit report is received by Contractor.
15.3
The Contractor agrees that such audit will be engaged and performed in accord with all
federal and state regulations governing audits of the funds paid under this Agreement.
15.4
In the event an audit report discloses a discrepancy the Contractor shall respond in writing
to the Agency within ten (10) calendar days of receipt of any such audit findings with a plan
to resolve the discrepancy(ies). If said response is not received by the Agency within the
said ten (10) calendar days, the Agency may suspend payment to Contractor until
corrective action acceptable to the Agency is implemented; in addition, the Agency may
take other appropriate action.
15.5
The Contractor agrees to reimburse the Agency any funds paid under this Agreement
which are found in the course of an audit to have been improperly or illegally used.
ARTICLE XVI: CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
16.1
The Contractor shall not use any information, systems, or records made available to
Contractor for any purpose other than to fulfill the obligations specified herein. In the
performance of any work authorized or funded under this Agreement, the Contractor
specifically agrees to be bound by the same standards of confidentiality that apply to the
employees of ODA and the State of Ohio. The terms of this Agreement shall be included
in any agency-authorized subcontracts or lower-tired grant agreements executed by the
Contractor for work under this Agreement. The Contractor specifically agrees to comply
with all state and federal confidentially laws and regulations applicable to the programs
under which this Agreement is funded. The Contractor is responsible for obtaining copies
of all applicable administrative and other Rules governing confidentiality, and for assuring
compliance with the Rules by its employees, contractors, or lower-tiered sub-recipients. To
the extent federal requirements apply to this Agreement, the Contractor agrees to current
and on-going compliance with the Health Insurance Portability and Accountability Act of
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1996 (HIPAA), as amended, including 45 CFR 164.502 and 164.50, regarding the
disclosure of protected health information.
16.2 The Contractor is required to store consumer records in a designated, locked storage
space.
16.3
The Contractor shall not use or disclose any information concerning a Consumer for any
purpose directly associated with the provision of services unless the Contractor has written
documentation of the Consumer’s consent to do so.
16.4
The Contractor is prohibited from using or disclosing any information concerning a
Consumer for any purpose not directly associated with the provision of services, even if
the Consumer consents to doing so.
16.5 If Contractor is a mandatory reporter, Contractor must immediately notify the county
department of job and family services, or the agency the county department of job and
family services designates to provide adult protective services, whenever the Contractor
has reasonable cause to believe a Consumer is the victim of abuse, neglect, or
exploitation.
ARTICLE XVII: CONTRACTOR ROLE IN CASE OF DISASTER
17.1
The Contractor is required to cooperate with the Agency and ODA to assess the extent of
the disaster impact upon persons aged sixty years and over, and to coordinate the public
and private resources in the field of aging in order to assist older disaster victims whenever
the President of the United States declares that the Contractor’s service area is a disaster
area.
ARTICLE XVIII: INSURANCE
18.1
The Contractor shall secure and maintain at least the following minimum amounts of
insurance for the capital term of this Agreement:
A.
General commercial liability insurance against claims for injury and/or death
in the amount of $1,000,000 aggregate and per occurrence.
B.
If Contractor staff is required to drive while providing the OAA service, and/or
if transportation is part of the OAA service under this Agreement: automobile
liability insurance against claims for injury and/or death in the amount of
$1,000,000.00 aggregate and per occurrence, and property damage
insurance in an amount not less than $50,000 aggregate and per
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occurrence.
C.
Third party fidelity bond and property damage insurance (including damage
or theft or loss involving the property of a Consumer) in any one accident or
occurrence in an amount not less than $50,000 for losses in connection with
service visits to the Consumer’s home, and in an amount no less than $5,000
for all other services.
D.
First party fidelity bond or employee-theft coverage on persons handling
OAA program funds in the amount of no less than $10,000 or 10% of the
amount set forth in Section 3.1 of this Agreement, whichever is greater.
E.
Full replacement value property insurance on equipment or capital
improvements funded at least in part by Agency grant funds or OAA program
income.
F.
The insurance required under this Agreement shall cover the acts and/or
omissions of all of Contractor’s paid employees, volunteers or approved sub-
contractors.
ARTICLE XIX: INDEMNIFICATION
19.1 To the extent permitted by law, the Contractor agrees to indemnify and hold the Agency
and ODA harmless from any and all claims, demands, damages, suits, judgments, awards,
costs and expenses, including but not limited to attorney's fees, arising from, resulting from
or attributable to the performance of services under this Agreement by the Contractor’s
employees, volunteers and/or its approved subcontractors, except to the extent those
matters or occurrences are caused by the negligence of the Agency.
ARTICLE XX: LEGAL OBLIGATIONS
20.1
The Contractor shall conform to the requirements of all applicable federal, state and local
laws, regulations, federal circulars, and established guidelines incorporated by reference
herein, including, but not limited to:
A.
Older Americans Act of 1965, as amended;
B.
Civil Rights Act of 1964, as amended;
C.
Section 504 of the Rehabilitation Act of 1973, as amended;
D.
Age Discrimination Act of 1975, as amended;
E.
Fair Labor Standards Act of 1938, as amended;
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F.
Age Discrimination in Employment Act of 1967, as amended;
G.
State and local health, fire, safety, zoning and sanitation codes;
H.
Federal, State and local financial and payroll reporting requirements;
I.
Federal and State lobbying restrictions and reporting requirements;
J.
The Americans with Disabilities Act of 1990;
K.
ODA and Agency Policies and Procedures; and
L.
Health Insurance Portability and Accountability Act.
20.2
The Contractor agrees that neither the Contractor, nor any sub-contractor, nor any person
acting on behalf of Contractor or any sub-contractor will, in the employment of any person
qualified and available to perform the work to which this Agreement relates, discriminate
by reason of race, color, religion, sex, military status, national origin, disability, ancestry,
age, or any other legally protected classification. Contractor further agrees that neither
Contractor nor any sub-contractor, nor any person acting on behalf of Contractor or any of
its sub-contractors, shall in any manner discriminate against, intimidate, or retaliate against
any employee hired for the performance of work under the Agreement on account of race,
color, religion, sex, military status, national origin, disability, age, ancestry, or any other
legally protected classification.
20.3
The Contractor certifies that it understands Ohio’s ethics and conflict of interest laws and
will do nothing inconsistent with them.
20.4
If Contractor is approved by the Agency for and enters into a subcontracting relationship
for OAA services, the Contractor shall require that the language of Articles XX and XXI of
this Agreement be included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
20.5
If Contractor is approved by the Agency for and enters into a subcontracting relationship
for OAA services, the Contractor remains responsible for ensuring that all provisions of this
Agreement are met by the sub-contractor.
ARTICLE XXI: AFFIRMATIVE ACTION
21.1 For the term of this Agreement, the Contractor agrees to have executed a written Equal
Employment Opportunity Affirmative Action Plan in accordance with Title VI and Title VII
of the 1964 Civil Rights Act, as amended. The Contractor further agrees that the following
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posters and notices will be prominently displayed at the Contractor's main office: (A) EEO
policy statement, (B) EEO posters, (C) Job vacancies, (D) Training session available, and
(E) discrimination complaint procedures.
ARTICLE XXII: EXECUTIVE ORDER REQUIREMENTS
22.1 The Contractor affirms that it has read and understands Executive Order 2019-12D
issued by Ohio Governor Mike DeWine, that it shall abide by those requirements in the
performance of the Agreement, and that it shall perform no services required to
implement the project or program subject to the Agreement outside of the United States
for which grant funds will be used to pay or reimburse the cost of such services or for
which the cost of such services will be counted as match or cost share specifically
required as a condition to the disbursement of the grant funds. For purposes of this
Addendum and the Agreement in which its terms are incorporated, “services under the
Agreement” and “services performed under the Agreement” means services required to
implement the grant-supported project or program and for which grant funds will be used
to pay or reimburse the cost of such services or for which the cost of such services will
be counted as match or cost share specifically required as a condition to the
disbursement of the grant funds. The Executive Order is available at the following
website:
https://governor.ohio.gov/wps/portal/gov/governor/media/executive-
orders/2019-12d and
https://governor.ohio.gov/wps/portal/gov/governor/media/executive-orders/Executive-
Order-2022-02D
22.2 The Contractor also affirms, understands, and agrees to immediately notify the Agency
of any change or shift in the location(s) of services performed under the Agreement by
Contractor or its agency-approved lower-tiered sub-grantees or sub-contractors, and no
services performed under the Agreement shall be changed or shifted to a location(s)
outside of the United States.
22.3 Notwithstanding any other provision of this Agreement, this Agreement shall not become
effective unless and until the Contractor has executed this Agreement, and submitted it
to the Agency.
ARTICLE XXIII: TERMINATION, SANCTION, DAMAGES
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23.1 If the Contractor or any of its lower-tiered sub-grantees or sub-contractors performs
services under the Agreement outside of the United States, the performance of such
services shall be treated as a material breach of this Agreement. The Agency is not
obligated to pay and shall not pay for such services. If the Contractor or any of its lower-
tiered sub-grantees or sub-contractors perform any such services, the Contractor shall
immediately return to the Agency all grant funds disbursed as payment or
reimbursement for those services or on the basis of the cost of such services having
been counted as match or cost share specifically required as a condition for
disbursement of grant funds.
23.2 The Agency may, at any time after the breach, terminate this Agreement upon written
notice to Contractor. The Agency may recover all accounting, administrative, legal and
other expenses reasonably necessary for the preparation of the termination of the
Agreement. If the Agency determines that actual and direct damages are uncertain or
difficult to ascertain, the Agency, in its sole discretion, may recover a payment of
liquidated damages in the amount of twenty-five percent (25%) of the value of this
Agreement (not to exceed the amount of grant funds disbursed prior to any termination
of the Agreement).
23.3 The Agency, in its sole discretion, may provide written notice to the Contractor of a
breach and permit Contractor to cure the breach. Such cure period shall not be longer
than 21 calendar days. Notwithstanding the Agency permitting a period of time to cure
the breach or Contractor’s cure of the breach, the Agency does not waive any of the
rights and remedies provided the Agency under applicable law or in the Agreement,
including, but not limited to, the recovery of grant funds paid for services provided by the
Contractor, its lower tiered sub-grantees or sub-contractors performed outside of the
United States, cost associated with corrective action, or liquidated damages.
ARTICLE XXIV: ASSIGNMENT / DELEGATION
24.1 The Contractor shall not assign any of its rights, nor delegate any of its duties and
responsibilities under the Agreement without prior written consent of the Agency. Any
assignment or delegation not pre-approved in writing by the Agency shall be void or
voidable by the Agency.
ARTICLE XXV: DRUG-FREE WORKPLACE:
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25.1 The parties agree to comply with all applicable federal, state, and local laws regarding
smoke-free and drug-free work places, and shall make a good faith effort to ensure that
none of its employees will purchase, transfer, use, or possess illegal drugs or alcohol, or
abuse prescription drugs in any way, when they are engaged in the work being
performed hereunder.
25.2 Public Law 103-227, Part C – Environmental Tobacco Smoke, also known as the Pro-
children Act of 1994 (Act), requires that smoking not be permitted in any portion of any
indoor facility owned or leased or contracted for by an entity and used routinely or
regularly for the provision of health, day care, education, or library services to children
under the age of 18, if the services are funded by Federal programs either directly or
through State or local governments, or by Federal grant, contract, loan or loan
guarantee. The law does not apply to children’s service provided in private residences,
facilities funded solely by Medicare or Medicaid funds, and portions of facilities used for
inpatient drug or alcohol treatment. Failure to comply with the provisions of the law may
result in the imposition of a civil monetary penalty of up to $1,000 per day and/or the
imposition of an administrative compliance order on the responsible entity.
25.3 By signing and submitting this document, the Contractor certifies that it will comply with
the requirements of the Act. The Contractor further agrees that it will require the
language of this certification to be included in any sub-awards, which sub-grantee shall
certify accordingly.
ARTICLE XXVI: ENTIRE AGREEMENT
26.1 This Agreement and its exhibits and any documents referred to herein constitute the
complete understanding of the parties and merge and supersede any and all other
discussions, agreements and understandings, oral or written, between the parties with
respect to the subject matter hereof. No other terms and conditions shall be considered
a part of this Agreement unless expressly agreed upon in writing and signed by both
parties, or unless otherwise required by law.
ARTICLE XXVII: SEVERABILITY
27.1 Whenever possible, each provision of this Agreement shall be interpreted in such
matter as to be effective and valid under applicable law, but if any provision of this
Agreement is held to be prohibited by or invalid under applicable law, such provision
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shall be ineffective only to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision of this Agreement.
ARTICLE XXVIII: DEBARMENT:
28.1 By signing this Agreement, Contractor verifies to ODA and the Agency that the
Contractor is not currently debarred, proposed for debarment, declare ineligible, or
voluntarily excluded from participation in transactions by any agency of the United
States government under 2 CFR Part 376.
28.2 Contractor certifies to the best of its knowledge and belief, that it and its principals:
A.
Are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded by any federal department or agency;
B.
Have not within a three-year period preceding the execution of this
Agreement been convicted of or had a civil judgment rendered against it
or them for commission of fraud or a criminal offense in connection with (i)
obtaining, attempting to obtain, or performing a public (federal, state or
local) transaction or contract under a public transaction; (ii) violation of
federal or state antitrust statutes or commission of embezzlement, theft,
forgery, bribery, falsification or destruction of records; (iii) making false
statements; or (iv) receiving stolen property;
C.
Are not presently indicted for or otherwise criminally or civilly charged by
a governmental entity (federal, state or local) with commission of any of
the offenses enumerated in this certification; and
D.
Have not within a three-year period preceding the execution of this
Agreement had one or more public transactions (federal, state or local)
terminated for cause or default.
28.3 Whenever the Contractor would be unable to certify to any of the statements in the
foregoing certification for itself and for all of its principals at any time during the Term of
this Agreement, the Contractor shall immediately notify the Agency in writing of the
reason the Contractor can no longer make the certifications required by this Agreement.
ARTICLE XXIX: LOBBYING
29.1 The Contractor is subject to the restrictions on lobbying set forth in 45 CFR Part 93. (See
45 CFR 75.214). By signing this agreement, the Contractor certifies, to the best of its
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knowledge and belief that:
A.
No federally appropriated funds have been paid or will be paid, by or on
behalf of the Contractor, to any person for influencing or attempting to
influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or any employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any
federal grant, the making of any federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal
amendment or modification of any federal contract, grant, loan, or
cooperative agreement.
B.
If any funds other than federally appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this
Agreement, the undersigned shall complete and submit Standard Form-LLL,
“Disclosure Form to Report Lobbying,” in accordance with its instructions.
C.
The Contractor shall require that the language of this paragraph be included
in the award documents for all lower-tiered sub-contracts and that all lower-
tiered sub-contractors shall certify and disclose accordingly.
29.2 The certifications contained in this Agreement, including those in Articles XXVIII and XXIX
are material representations of fact upon which reliance will be placed when the Agreement
is entered into by ODA and Agency. These certifications are a prerequisite for making or
entering into this Agreement, and are imposed by Section 1352, title 31, U.S. Code and/or
other applicable law. Any person who fails to make and file the required certifications shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
such failure.
ARTICLE XXX: FOCAL POINTS
30.1
Focal points are posted on the Agency’s website at www.areaagingsolutions.org.
ARTICLE XXXI: PUBLICITY
31.1
The Contractor agrees that all public notices and publicity regarding this program shall
state that: "This program is made possible by a grant from the Ohio Department of Aging
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through the Western Reserve Area Agency on Aging." If the grant reference is in written
material, the words “Ohio Department of Aging” and “Western Reserve Area Agency on
Aging” and their respective logos, shall appear in at least the same size letters or type as
the name of the Contractor.
31.2 The Contractor shall not use the words “Ohio Department of Aging” and “Western Reserve
Area Agency on Aging” to indicate funding of a program otherwise financed, unless specific
authorization has been obtained from the Agency in writing.
ARTICLE XXXII: MODIFICATION
32.1
Any amendment to laws, Rules or regulations, including those cited in this Agreement, will
result in a correlative modification to the Agreement without the necessity of executing a
written amendment. However, this Agreement (which incorporates the Contractor’s
approved proposal and all amendments attached hereto) may otherwise be modified only
in a writing signed by both parties.
ARTICLE XXXIII: TERMINATION BY CONTRACTOR
33.1
If the Contractor decides that it no longer wishes to provide services under this Agreement,
the Contractor may not terminate services until the first day of the third month after the
Agency has received written notice of termination from the Contractor. Nothing in this
Article shall relieve the Contractor of the Contractor’s legal obligations to the Agency under
this Agreement or applicable law.
ARTICLE XXXIV: TERMINATION BY AGENCY
34.1
The Agency may at any time terminate this Agreement without further obligation if ODA
determines, through the appeals process or through monitoring, that this Agreement was
entered into inappropriately, or if funding is decreased or eliminated.
ARTICLE XXXV: RENEWAL OF AGREEMENT
35.1
This Agreement may be renewed by the Agency at the discretion of the Agency after the
Agreement has been in effect for a year, upon notice given no later than 90 days prior to
the expiration of the initial year of this Agreement, and for one additional year at the
discretion of the Agency upon similar notice.
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ARTICLE XXXVI: APPEALS
36.1
The Contractor has the right to appeal adverse action by the Agency in accordance with
the following process and Rule 173-3-09 of the Ohio Administrative Code. The Contractor
may appeal an adverse action decision made by Agency as follows:
1. An appealing Contractor must submit a letter, signed by the official authorized to sign
the appeal, to the Chief Executive Officer of the Agency with a copy sent to the
President of the Board of Trustees of the Agency, within two (2) working days of receipt
of written notice of an adverse action taken by the Agency. The ground for appeal must
be specified in the appeal letter.
2. If the Appeals Committee determines the appeal is not within the above-established
criteria it shall so notify the appealing Contractor. If the Agency’s Appeals Committee
approves the appeal request and determines that the appeal is within the above-
established criteria, a meeting of the Appeals Committee will be scheduled within five
(5) working days, with an appearance by the appealing Contractor, to review the
adverse decision and recommend final action by the Board of Trustees. An appealing
Contractor will be notified of the date and time of the meeting. The Appeals Committee
will render a final recommendation, in writing, within five (5) working days after the
meeting, which shall become the final decision of the Agency unless appealed to the
Board of Trustees.
3. An appealing Contractor may by letter appeal the notice that the appeal is not within
the above-established criteria, or the final recommendation of the Appeals Committee
to the Board of Trustees, with a copy to the Chief Executive Officer of the Agency,
within two (2) working days of receipt of notice that the appeal is not within the above-
established criteria or written notice of the final recommendation of the Appeals
Committee. The ground for appeal must be specified in the appeal letter.
4. The Board of Trustees, or in its absence the Executive Committee, will review the notice
that the appeal is not within the above-established criteria or the appeal from the final
recommendation of the Appeals Committee at its next meeting, adopt a final course of
action and notify the appealing Contractor about its final decision in writing within five
(5) working days. The decision of the Board, or its Executive Committee, shall be the
final decision of the Agency, which may be appealed by the Contractor to ODA.
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5. An appealing Contractor may request a hearing by the ODA. ODA shall only honor a
request for an appeal hearing before ODA if the provider has fully complied with the
written process for appealing an adverse action by the Agency and the Agency has
rendered its final decision on the appeal, or as required by applicable law.
To request a hearing before ODA, the Contractor shall submit a written request to ODA and its
director via certified mail no later than fifteen (15) business days after the date that Agency renders
its final decision, or as required by applicable law.
ODA shall hold a hearing and render its final decision on the appeal no later than thirty (30)
business days after the date of the hearing. The appeal process will comply with Rule 173-3-09
and other applicable law.
ARTICLE XXXVII: NOTICES
37.1
Notices under this Agreement shall be in writing and may be delivered in person, by
certified mail (return receipt requested), by overnight mail (proof of delivery required), or
by facsimile (to the Contractor, only).
ARTICLE XXXVIII: APPLICABLE LAW AND FORUM
38.1
This Agreement shall be construed in accordance with Ohio law and specific applicable
federal statutes, rules and regulations. Any litigation to enforce this Agreement shall be
brought in the Cuyahoga County Court of Common Pleas or in the United States District
Court for the Northern District of Ohio, in Cleveland, Ohio.
IN WITNESS WHEREOF, the duly authorized representatives of the Agency and the Contractor
have executed this Agreement on the dates written below their signatures.
WESTERN RESERVE AREA AGENCY ON AGING
Contractor:
PROVIDER
E. Douglas Beach, Ph.D., CEO
Contractor/DULY AUTHORIZED SIGNATORY
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DATE
TYPED or PRINTED NAME & TITLE OF
SIGNATORY
DATE
---
[2023-114 Senior Center Western Reserve Nutrition.pdf]
CITY OF NORTH OLMSTED
RESOLUTION NO. 2023 - 114
By: Mayor Jones
A
RESOLUTION
AUTHORIZING
THE
SENIOR
CENTER
ADMINISTRATOR TO MAKE APPLICATION TO THE WESTERN
RESERVE AREA AGENCY ON AGING (“WRAAA”) FOR A TITLE IIIC
NUTRITION GRANT FOR 2024, 2025, 2026 AND 2027 AND, IF AWARDED,
FURTHER AUTHORIZING THE MAYOR TO ENTER INTO AN
AGREEMENT WITH THE WRAAA TO ACCEPT THE GRANT FUNDS,
AND DECLARING AN EMERGENCY.
WHEREAS, the Western Reserve Area Agency on Aging (“WRAAA”) provides
nutrition programs, including a Congregate Meal Program, with meals served to senior citizens in
greater Cleveland; and
WHEREAS, the WRAAA Congregate Meal Program offers a vital service and benefit for
the citizens and is one of many outstanding nutrition programs conducted at the North Olmsted
Senior Center; and
WHEREAS, the City’s proposal, if funded, will provide approximately 10,000 meals
annually during an estimated 125 serving days; and
WHEREAS, up to $20,000.00 in grant funds will be requested per year to reimburse for
staffing; and
WHEREAS, it is accordingly the desire of this Council to authorize the Senior Center
Administrator to make application for the Title IIIC Nutrition Grant and to authorize the Mayor
to enter into an Agreement with the WRAAA to provide for the 2024, 2025, 2026 and 2027
Congregate Meal Program at the North Olmsted Senior Center.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
NORTH OLMSTED, COUNTY OF CUYAHOGA, AND STATE OF OHIO:
SECTION 1: The Senior Center Administrator is authorized to make application for the
Title IIIC Nutrition Grant with the WRAAA and, if awarded, the Mayor is hereby authorized to
enter into an Agreement, on behalf of the City of North Olmsted, with the Western Reserve Area
Agency on Aging to provide for the 2024, 2025, 2026 and 2027 Congregate Meal Program,
which shall be in form and substance as Exhibit A, with only such changes to be hereinafter
made in said contracts as are not substantially adverse to the City and which are approved by the
Director of Law.
SECTION 2: That this Resolution is hereby declared to be an emergency measure
immediately necessary for the preservation of the public health, safety and welfare, and further
2
for the reason that it is necessary that this Resolution go into effect immediately since the
application deadline is October 20, 2023; and further provided it receives the affirmative vote of
two-thirds of all members of Council, it shall take effect and be in force immediately upon its
passage and approval by the Mayor.
PASSED: ________________________
First Reading: _______________
Second Reading: _______________
Third Reading: _______________
Committee: __________________
ATTEST:
_____________________________
__________________________
BEATRICE TAYLOR
LOUIS BROSSARD
Clerk of Council
President of Council
APPROVED: _____________________
APPROVED AS TO LEGAL FORM:
_______________________________
/s/ Michael R. Gareau, Jr. ______
MAYOR NICOLE DAILEY JONES
MICHAEL R. GAREAU, JR.
Director of Law