CONTRACT ADDENDUM

Senior Nutrition Program

Services include home delivered meals to ensure that in its entirety is accessible to all clients. More specifically, every effort needs to be made to ensure that individuals with disabilities who desire to participate in the program are able to do so.

Provider Requirements

All vendor contracts with the ______Department of Health and Human Services will include the following language for vendors serving elderly, vulnerable or frail individuals:

  1. Staff of the vendor agency will immediately report any illegal abuse/neglect or exploitation of any vulnerable individual to the Long-Term Support Intake Worker of the ______Department of Health and Human Services.
  1. Service providers may not employ, contract with, or accept volunteer services from individuals convicted of child abuse, neglect, or maltreatment; a violation of the Vulnerable Adult Law; or a felony involving physical harm to any human service program participant. The vendor agency shall insure that applicants for employment by the agency or persons currently employed by the agency do not have histories including violations of these laws. This provision can be met by doing a criminal background check in compliance with ______State Statutes.
  1. No individual or entity providing services to consumers of services from the ______Department of Health and human Services may be named as beneficiaries of life insurance policies purchased by or on the behalf of program participants. Additionally, no individual or entity providing services to consumers of services from the ______Department of Health and Human Services may sell to, purchase from, or exchange with any consumer of services, goods or services having more than sentimental value.
  1. Provider contracts may be terminated for continued or repeated non-compliance with safety requirements, failure to report incidents of neglect/abuse or exploitation to the ______Department of Health and Human Services in a timely manner, or being non-responsive to needed corrections to prevent abuse, neglect, or exploitation.
  1. Provider may use fair marketing strategies to solicit participants while maintaining quality of service issues.
  1. Provider will prepare all its restaurant home delivered meals to eligible participants up to five (5) days per week: Monday, Tuesday, Wednesday, Thursday, and Friday with individual packing of meals done by the Provider and packaging supplies furnished by the Purchaser.
  1. A bill for the previous month’s meal count shall be submitted to the Purchaser by the tenth day of each month and payment will be made by the third Friday of each month.
  1. Eligibility Standards for Recipients of Services
  1. Provider and Purchaser understand and agree that the eligibility of individuals to receive the services to be purchased under this agreement from Provider will be determined by Purchaser. An individual is entitled to the right of an administrative hearing concerning eligibility and the Provider shall inform individuals of this right.
  1. A person age 60 or older who is homebound by reason of illness, incapacitating disability, or is otherwise isolated, is eligible to receive a home-delivered meal if, according to the criteria determined by the Aging Unit, receipt of the meal is in the best interest of the homebound older person. The spouse may also receive a meal. Non-elderly individuals with disabilities who reside at home with older individuals are eligible to receive home-delivered meals on a contribution basis.
  1. Nutrition programs may provide home-delivered meals on a contribution basis to non-elderly or disabled persons living in the community who do not live with or accompany an older person as long as there are sufficient funds available to serve the elderly. Services provided to these persons must be approved on a case-by-case basis. Written requests (waiver form) to provide the service must verify demonstrated need, document that other programs or resources are unavailable to provide the service or to pay the full cost of the meal and there are sufficient funds available to provide meals to the elderly. Completed waivers are submitted by the county aging unit to the Area Agency on Aging for recommendation and to the State Bureau on Aging for final approval. These meals are not eligible for USDA reimbursement.
  1. Each person applying for home-delivered meals must be assessed to determine the individual’s need for service. Only those individuals who have been assessed by the Aging Unit and who have received approval may receive a home delivered meal. The provider agrees to referral individuals interested in participating in the home delivered meal program to the Aging Unit for authorization. Persons taking part in the home delivered meal program will receive one meal per serving day, unless more are approved by the Aging Unit. The Provider acknowledges the fact that an individual may not begin to receive home delivered meals until the Aging Unit gives authorization. The Provider will give the following information when making referrals: name, address, phone number, age, contact person(s) in case of an emergency, and reason(s) for needing home delivered meals. It is the responsibility of the Aging Unit staff to provide information pertaining to the senior nutrition program’s meal donation policies and procedures. Program donations will not be the responsibility of the Provider. Problems pertaining to the above must be brought to the attention of the Aging Unit Director.
  1. The Purchaser will be responsible for the meals, the provision of hot and cold food transport equipment, and the temperatures of the food after it has been taken from the site. The Purchaser will carry adequate liability insurance for any negligence on their part from the time the meals leave the site.
  1. It is also understood that Providers shall comply with all federal, state, and local laws and regulations governing the preparation of food; shall procure and keep in effect all necessary licenses and permits as are required by law including a restaurant/catering license as per Section 96.03 of the Statutes of the State of ______and shall post such licenses, permits and cards in a prominent place within the meal preparation areas, as required. The Provider shall comply with all applicable federal, state, and local laws and regulations pertaining to wages and hours of employment.
  1. Food Service Requirements
  1. In order to ensure that the nutritional needs of older person are met, meal providers are required to develop menus that are planned with or approved by a qualified dietitian or nutritionist. This individual is responsible for assisting providers with sanitation issues, selection of food service equipment and utensils, and the development and implementation of a nutrition and education plan. In addition, the dietitian or nutritionist conducts meal site surveys to ensure that each meal is complying with applicable provisions of the State and/or local laws regarding the safe and sanitary handling of food, equipment, and supplies used in the storage, preparation, service and delivery of meals to older individuals.
  1. Subject to seasonal availability or emergency situations, meal providers must follow the menu plans that have been submitted to the Aging Unit. When a situation arises where menu changes have to be made, the Aging Unit must be notified immediately of the menu alteration(s). Unless specifically requested by meal participants, providers must make every attempt to develop menus that ensure that food items within the meat, vegetable, fruit, breads and cereals, and dessert groups vary from day to day and week to week.
  1. The special needs of the elderly must be considered in all menu planning, food selection and meal preparation. Each provider must provide special diets where feasible, appropriate, and cost effective to meet the particular dietary needs arising from health reasons of eligible participants. Therapeutic diets are defined as including: diabetic, low sodium, low fat, low cholesterol, bland and texture modified.
  1. Providers shall ensure that the meals provided through the county’s senior nutrition program comply with the Dietary Guidelines for Americans and provide each participating older individual with a minimum of 33 & 1/3% of the daily recommended dietary allowances as established by the Food and Nutrition Board of the National Research Council of the National Academy of Services, if the program provides 1 meal per day.

This template is provided for reference purposes only, to assist those interested in developing forms and documents which fit the needs of their program. This is not a substitute for advice from a qualified legal, policy, regulatory or other subject matter expert. Legal requirements may vary based on differences in state and local laws, as well as special populations served or the type of operation.