2019-113 Resolution - Laserfiche WebLink

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pay for the ordered meals at the prevailing price for such meals paid by the Agency to its Caterer [i.e. at the Agency's cost, $3.74 per meal]. 3. Community Meals shall be ordered and served by Contractor only with respect to NSIP eligible participants, and Contractor shall report each individual Community Meal served through the existing ODA required reporting system A&D (formally known as SAMS), using a separate identifier from OAANP funded meals. In addition, Contractor shall report Community Meal utilization on the monthly summary of community meal utilization for NSIP report and the community meal weekly report for NSIP now in use for the OAANP. Contractor's provision of Community Meals shall follow the OAANP guidelines/requirements, including without limitation the guidelines/requirements for: meal orders; food handling; cooking; portion control; nutrition; reporting; monitoring; record maintenance, accessibility and retention; criminal background checks; accounting; problems in provision of services; Contractor audits and monitoring visits; confidentiality and disclosure of information; insurance; indemnification; and legal obligations, including without limitation those which prohibit illegal discrimination. Those guidelines / requirements may be found at: httgs://aging.ohio.gov/rules. 4. Payment for Community Meals sold by the Agency under this Agreement shall be made within thirty (30) calendar days after receipt by the Contractor of a request for payment from the Agency. In the event Contractor contests any item on any request for payment, it may withhold payment on that item only, and the Agency agrees not to charge any penalty or interest on that item until the parties have had an opportunity to address, review and attempt to resolve the matter. Failure by Contractor to pay timely for any Community Meals, including contested items, following receipt of a request for payment may, in the sole discretion of the Agency, result in the Agency's refusal to sell additional Community Meals to Contractor and/or legal action. In any such legal action the prevailing party shall be entitled to full reimbursement of its attomeys' fees and litigation expenses. 5. Contractor recognizes that the Agency's Caterer may not always be able to deliver Community Meals ordered by Contractor (i.e. weather, Acts of God, mechanical breakdown, etc.), and that Contractor must have a back-up plan in place in the event Community Meals are not delivered to Contractor due to circumstances beyond the control of the Caterer or the Agency. Neither the Agency nor its Caterer shall be liable to Contractor for any failure by the Agency's Caterer to deliver ordered Community Meals which is beyond the control of the Agency, its POS 3 of 6 Final