HomeMy WebLinkAbout20101225 RESOLUTION
RE: APPROVE FOOD DISTRIBUTION AGREEMENT FOR THE EMERGENCY FOOD
ASSISTANCE PROGRAM (TEFAP)AND AUTHORIZE CHAIR TO SIGN
WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with a Food Distribution Agreement for the
Emergency Food Assistance Program (TEFAP)between the County of Weld, State of Colorado, by
and through the Board of County Commissioners of Weld County, on behalf of the Department of
Human Services, and the Colorado Department of Human Services, Food Distribution Programs,
commencing upon full execution, with further terms and conditions being as stated in said
agreement, and
WHEREAS,after review,the Board deems it advisable to approve said agreement, a copy of
which is attached hereto and incorporated herein by reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Food Distribution Agreement for the Emergency Food Assistance
Program (TEFAP), between the County of Weld, State of Colorado, by and through the Board of
County Commissioners of Weld County, on behalf of the Department of Human Services, and the
Colorado Department of Human Services, Food Distribution Programs, be, and hereby is,approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to
sign said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 9th day of June, A.D., 2010.
BOARD OF COUNTY COMMISSIONERS
D COUNT RADO
ATTEST: -.,: Cdr
8517. j ' las ademach r, Ch 'r
Weld County Clerk to the Boa 1 ,. /1- ci) O. 41-7?((2 ,— ibara Kirkmeyer, P o-Tem
Dep Clerk o the oard l .
Sean P.
APPR AST '
-� Will' . Gar 'a
ounty Attorney
David . Long
Date of signature: to(ISII0
a 6-t;co ,p),fri NsO ( sww) Lc. ‘Aso
67 . 9-ID O1- t -ID 2010-1225
HR0081
MEMORANDUM
f&sta,m6
DATE: June 7, 2010
WIID1TO: Douglas Rademacher, Chair, Board of County o issioners
C�FROM: Judy A. Griego, Director, Human S 'c s a
COLORADO RE: Food Distribution Agreement for The Emergency Food
Assistance Program (TEFAP) between the Weld County
Department of Human Services and the Colorado Department
of Human Services
Enclosed for Board Approval is the Food Distribution Agreement for The Emergency Food
Assistance Program (TEFAP) between the Department and the Colorado Department of
Human Services. This Agreement was presented at the Board's May 25, 2010, Work
Session.
This Food Distribution Agreement is for the administration and operation of The Emergency
Food Assistance Program (TEFAP) and defines the responsibilities and requirements
governing the Program.
The term of this Agreement shall be on the date of approval by the Executive Director or
authorized designee of the Colorado Department of Human Services and shall remain in effect
until the Recipient Agency or the Colorado Department of Human Services terminates this
Agreement by giving thirty days notice in writing.
If you have any questions, give me a call at extension 6510.
2010-1225
COLORADO DEPARTMENT OF HUMAN SERVICES j,)j
Food Distribution Programs
1575 Sherman Street, 3r° Floor, Denver, CO 80203-1714 'ms's.
Phone: 303.866.5106 Toll Free: 1.888.467.0418 Fax: 303.866.5530
1 // fir
FOOD DISTRIBUTION AGREEMENT
The Emergency Food Assistance Program (TEFAP)
This agreement is made this gLitday of) (month) c'D/D (year), by
and between the Colorado Department of Human Services, 1575 Sherman Street, 3`d
Floor, Denver, CO 80203-1714 (Hereinafter referred to as the "Department"), and
"the ('Dun4y of We.Id (Hereinafter referred to as the "Recipient Agency")
Whereas, the Department is a distributing agency under a contract with the U.S.
Department of Agriculture (hereinafter referred to as "USDA"). The Contract with
USDA is subject to all federal laws and regulations. USDA controls the amount and
types of commodities available to the Department.
Whereas, the Department has the responsibility for administering the Food
Distribution Program in Colorado in accordance with its Contract with the USDA, and;
Whereas, the Recipient Agency desires to participate in the Food Distribution
Program in accordance with the terms of this Agreement, and;
Whereas, the date of execution of this Agreement, Recipient Agency meets all
requirements for participation in this TEFAP program regulated by 7 CFR Part 251
(URL: http://www.fns.usda.gov/fdd/programs/tefap/tefap regs.htm.)
NOW, THEREFORE, it is hereby agreed:
1. The Recipient Agency is operating TEFAP which provides emergency foods for
distribution to authorized low income households; and
Complete the following questions:
The Recipient Agency has the following types of storage facilities available:
Dry Yes No
Cooled Yes No
Frozen Yes No
2. Recipient Agency shall participate in the Food Distribution Program in
accordance with the terms of the Agreement and the applicable legal requirements
described within this Agreement.
(1)
Ne:/D — /02o7 5
3. The term "legal requirements" as it is used throughout this Agreement includes
federal and state statutes, federal regulations (Part 251 and as applicable, Part
250), state regulations, and program requirements as identified in the Colorado
TEFAP Handbook and the Colorado TEFAP State Plan, and any amendments
thereto, which are applicable to the Food Distribution Program. The Recipient
Agency agrees to fully comply with all on-going legal requirements defined
above, and to submit any reports requested by the Department or USDA in a
prompt and complete manner, and to enforce such legal requirements against any
processors or sub-distributing agencies which are under contract with the
Recipient Agency.
4. Recipient Agency shall receive, store, and distribute donated foods. In addition,
the Recipient Agency agrees to comply with the following terms and conditions:
A. Use of Donated Foods
Donated foods will be used only in connection with Recipient Agency's
established feeding operation for the sole benefit of persons served by the
Recipient Agency and will not be sold, exchanged, or otherwise disposed
of by the Recipient Agency without express written approval being
obtained by the Recipient Agency from the Department.
B. Storage Facilities
The Recipient Agency and any sub-distributing agencies under contract
with the Recipient Agency shall provide adequate facilities for the
handling, storage and distribution of donated foods. These facilities shall
be such as to properly safeguard against damage, theft, spoilage, or other
loss. The Recipient Agency shall provide facilities and services that:
1. Are sanitary and free from rodent, bird, insect and other animal
infestation;
2. Safeguard against theft, spoilage and other loss;
3. Maintain foods at proper storage temperatures;
4. Stock and space foods in a manner so that USDA-donated foods are
readily identified;
5. Rotate stock utilizing "First-In/First-Out" inventory practices;
6. Store donated foods off the floor and away from walls in a manner to
allow for adequate ventilation;
7. Maintain accurate inventory records of product usage; and
8. Take other protective measures as may be necessary.
9. Adhere to additional requirements when presented.
The Department reserves the right to inspect the facilities, without the benefit of
prior notification, to ensure these standards are met.
(2)
C. Responsibility for Damage, Spoilage, Theft or Other Loss
Once the Donated Foods have been delivered to the Recipient Agency, its
carrier agent, Processor, or Food Service Management Company,the
Recipient Agency is responsible to the Department for said food, for any
improper distribution or use of donated foods or for any loss of,or damage
to, donated foods caused by their fault or negligence. In the event of
damage, spoilage, theft or other loss, the Recipient Agency will promptly
notify the Department. In case of spoilage, the Recipient Agency shall
furnish a certificate from the County or the State Health Department
representative confirming such spoilage.
The Recipient Agency assumes full responsibility for reimbursing the
Department for the USDA dollar value of any Donated Foods improperly
used or disposed of or any loss or damage to Donated Foods due to the
failure of the Recipient Agency or its agents to provide proper storage,
care or handling. The Recipient Agency may be required by the
Department to submit documentation regarding the loss.
The Recipient Agency (or its sub-distributing agency) have and preserve
the right to assert claims against other persons to whom donated foods are
delivered for care, handling or distribution.
The Recipient Agency (or its sub-distributing agency) will take action to
obtain restitution in connection with claims for improper distribution, use
of loss of, or damage to, donated foods.
D. Complaints
The Recipient Agency shall immediately advise the Department in writing
of any complaints regarding the donated foods. The Recipient Agency
shall provide appropriate information regarding the product and nature of
the complaint so that the Department or USDA can pursue an
investigation. In addition, any complains regarding the commercial
distribution system shall be provided to the Department in writing for
appropriate action.
E. Utilization and Redistribution
Available Donated Foods will be requested only in such quantities as will
be fully utilized and will be receipted for by the authorized representative
of the Recipient Agency. The Department reserves the right to redistribute
any USDA Donated Foods in possession of the Recipient Agency.
(3)
F. Records
The Recipient Agency will accurately maintain records of donated foods
received and accountability records as may be prescribed by the
Department. Such Records shall include, but not be limited to, accurate
and complete records with respect to the receipt, disposal, and inventory
of Donated Foods, and with respect to any funds that arise from the
operation of the program. The Recipient Agency shall also keep accurate
and complete records showing the certification and eligibility
determination of the program participation process. All records must be
retained for a period of three years from the close of the federal fiscal year
to which they pertain.
G. Physical Inventory
Recipient Agencies shall take a monthly physical inventory of Donated
Foods on the last working day of each month. Such inventory shall be
reconciled with the Recipient Agency's book inventory records and
maintained on file by the Recipient Agency, also send a copy to the
Department on a monthly basis. In no event shall the inventory level of
each donated food item in storage exceed a six-month supply unless
sufficient justification for additional inventory has been submitted and
approved by the Department.
H. Audits and Inspections
The Recipient Agency shall allow representatives of the Department
and/or USDA to inspect and inventory Donated Foods in storage, the
facilities used in the handling or storage of such Donated Foods, inspect
and audit all records, including financial records and reports pertaining the
distribution of the Donated Foods, and to review or audit the procedures
and methods used in carrying out the audit requirements at any reasonable
time with or without the benefit of prior notification.
All Recipient agencies receiving more than $500,000 in federal financial
assistance per fiscal year shall have an audit made by an independent
auditor, that complies with the audit requirements Circular A-128 or
A-133. The audit standards to be followed can be found in the Standards
for Audit of Governmental Organizations, Programs, Activities and
Functions (1988 revision) issued by the U.S. General Accounting Office,
and the Guidelines for Audits of Federal Awards to Nonprofit
Organizations (April, 1989) published by the Department of Health and
Human Services. For this purpose, the term independent auditor means a
State or Local Government auditor who meets the independence standards
specified in generally accepted government auditing standards; or,
certified public accountant who meets such standards.
Financial
The Recipient Agency shall comply with the distributor's credit policy and
payment terms. The Recipient Agency has 60 days to remove allocated
Donated Foods from the distributor, in the event a Recipient Agency fails
to remove product, the distributor will charge storage fees. In the event
the Recipient Agency falls more than 60 days in arrears in moving out the
Donated Foods from the vendor, the Department and the distributor may
jointly agree to suspend issues of donated foods and the distributor may
take necessary action to pursue collection of the account.
J. Civil Rights and Nondiscrimination
The recipient agency at all times during the execution of this agreement
strictly adhere to all applicable federal and state laws and implementing
regulations as they currently exist and may hereafter be amended. This
includes protection of the confidentiality of all applicant/recipient records,
papers, documents, tapes and any other materials that have been or may
hereafter be established which relate to this Agreement. The recipient
agency acknowledges that the following laws are included:
✓ Title VI of the Civil Rights Act of 1964, 42 U.S.C.
Sections 2000d-1 et. Seq. and its implementing regulation, 45 C
C.F.R. Part 80 et. Seq.; and
✓ Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section
794, and its implementing regulation, 45 C.F.R. Part 84; and
✓ The Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et.
Seq. and its implementing regulation, 45 C.F.R. Part 91; and
✓ Title VII of the Civil Rights Act of 1964; and
✓ The Age Discrimination in Employment Act of 1967; and
✓ The Equal Pay Act of 1963; and
✓ The Education Amendments of 1972; and
✓ Immigration Reform and Control Act of 1986, P.L. 99-603
The Recipient Agency shall comply with and all regulations applicable to
these laws prohibiting discrimination because of race, color, national
origin, age, sex, religion and disability, including Acquired Immune
Deficiency Syndrome (AIDS) or AIDS related conditions, covered under
Section 504 of the Rehabilitation Act of 1973, as amended, cited above.
This assurance is given in consideration of and for the purpose of
obtaining any and all federal and/or state financial assistance.
(5)
J. Civil Rights and Nondiscrimination Cont.
Any person who feels that s/he has been discriminated against has the
right to file a complaint either with the Colorado Department of Human
Services or with the U.S. Department of Agriculture, Office for Civil
Rights.
The Recipient Agency is responsible for any additional Civil Rights
requirements as set for the in the TEFAP Handbook.
K. Indemnification
To the extent authorized by law, the Recipient Agency shall indemnify,
save and hold harmless the State, its employees and agents, against any
and all claims, damages, liability and court awards including costs,
expenses, and attorney fees incurred as a result of any act or omission by
the Recipient Agency, or its employees, agents, subcontractors, or
assignees pursuant to the terms of this Agreement
L. Enforcement
If the Recipient Agency fails to comply with the provisions of this
Agreement it may, at the discretion of the Department, be disqualified
from further participation in the program. The Recipient Agency or the
Department may seek judicial relief for any provision of the Agreement.
M. Effective Date
This Agreement will become effective on the date of approval by the
Executive Director of the Department or authorized designee, and shall
remain in effect until the Recipient Agency or the Department terminates
this Agreement by giving thirty days notice in writing. Upon such
termination by either the Recipient Agency or the Department, the
Recipient Agency shall, at its expense return all unused Donated Foods in
its possession or in the possession of its processors to such place within
the State of Colorado as may be designated by the Department.
N. Assignment
The Recipient Agency agrees not to assign its rights or to delegate its
obligations under this Agreement without prior approval in writing from
the Department.
(6)
O. Future Effect
This Agreement is binding upon the present and future elected or
employed officials of the Recipient Agency and the Department.
P. Authorized Representative
It shall be the duty of the Recipient Agency to promptly notify, in writing,
the Department of any changes in its Agency Head or authorized
representative or change in legal address
(7)
Signatures
The individual signing this Agreement as the "Agency Head" or "Authorized
Representative," (as attested, if a corporation) certifies that his/her signature legally binds
the Recipient Agency to the terms of this Agreement.
NAME OF RECIPIENT AGENCY: STATE OF COLORADO
DEPARTMENT OF HUMAN
Weld County Department of Human Sarvices SERVICES
DATE 8/20/(0 APPROVED
ADDRESS:
315A North 11th Ave. , P.O. Box 1805 SIGNATURE:
Greeley, Co 80632
PHONE NO.: ( 970 ) 352-1551 NAME AND TITLE OF
AUTHORIZED REPRESENTATIVE:
SIGNATURE OF AGENCY HEAD OR
AUTHORIZED REPRESENTATIVE
TITLE: Douglas Rademacher, Chair FOR EXECUTIVE DIRECTOR:
DATE: 06/09/2010
PLEASE TYPE OR PRINT NAME AND TITLE OF
AGENCY AUTHORIZED REPRESENTATIVE:
NAME:
TITLE:
ATTEST, IF A CORPORATION:
(8)
,7C/C. /o7
Hello