HomeMy WebLinkAbout20092558.tiffRESOLUTION
RE: APPROVE FOOD DISTRIBUTION AGREEMENT FOR THE COMMODITY
SUPPLEMENTAL FOOD PROGRAM 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
Commodity Supplemental Food Program 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, commencing upon full
execution, and ending September 30, 2010, 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 Commodity Supplemental Food
Program 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 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 28th day of September, A.D., 2009.
BOARD OF COUNTY COMMISSIONERS
ATTEST:
Weld County Clerk to
BY
Deputy Clerk to the Boa
Date of signature a.
WELD2COtMVTY OLORADO
William F. Garcia, Chair
Dougl... Radem=cher, Pro-Tem
ei
David E. Long
2009-2558
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MEMORANDUM
DATE: September 23, 2009
William F. Garcia, Chair, Board of County Commissioners Judy A. Griego, Director, Human Services D rtme
COLORADO RE:
Food Distribution Agreement for the Commodity
Supplemental Food Program 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 Commodity
Supplemental Food Program between the Department and the Colorado Department of
Human Services. This Agreement was presented at the Board's September 22, 2009, Work
Session.
This Food Distribution Agreement is for the administration and operation of the Commodity
Supplemental Food Program and defines the responsibilities and requirements governing the
Program.
If you have any questions, give me a call at extension 6510.
2009-2558
DF-2B (Rev. August 2009)
COLORADO DEPARTMENT OF HUMAN SERVICES
1575 Sherman Street, 3rd Floor
Denver, CO 80203-1700
FOOD DISTRIBUTION AGREEMENT
COMMODITY SUPPLEMENTAL FOOD PROGRAM
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This Agreetent is made by and between the Colorado Department of Human Services, 1575
Sherman,$trtPPt i oen Denver, CO 80203-1714 (hereinafter referred to as the "Department"),
and the, 3 -kith/ L (hereafter 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 Programs
in Colorado in accordance with its Contract with USDA, and;
Whereas, the Recipient Agency desires to participate in the Donated Foods Program in accordance
with the terms of this Agreement; and
Whereas, as of the date of execution of the Agreement, Recipient Agency meets all requirements
for participation in this program.
NOW, THEREFORE, IT IS HEREBY AGREED:
1. The Recipient Agency is operating the Commodity Supplemental Food Program which
provides supplemental foods to low income pregnant and postpartum women, infants,
children and elderly; and
Complete the following questions:
The Recipient Agency has the hefollowing types of storage facilities available:
Dry Yes ICl/No ❑
Cooler Yes H7 No ❑
Frozen Yes No ❑
In the event the Recipient Agency subcontracts with another agency for any program
operation or function, the agreement shall be submitted to the Department for prior
approval. The Recipient Agency shall remain responsible to the Department for any
program losses caused by the subcontracting agency or other agencies that have entered
into agreements with the local agency. If applicable, list the name, address and phone
Attachment 1
61OO9-M55
13.910.301
number of each certification, food distribution and storage site under contract with the
Recipient Agency
Name of Site
Address
Phone
Function
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2. Recipient Agency sha I participate in the Donated Foods Program in accordance with the
terms of the Agreement and applicable legal requirements described below.
The term "legal requirements" as it is used throughout this Agreement includes federal
and state statutes, federal and state regulations, program requirements as identified in the
Food Distribution Unit Recipient Agency User's Handbook, State Plan of Operation and
Administration attached hereto and incorporated herein as Exhibit A and any amendments
thereto, which are applicable to the Food Distribution Programs, which are in effect when
this Agreement is executed. The Recipient Agency agrees to fully comply with all 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 sub -distributing agencies that are under contract with the Recipient Agency.
3. 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 food 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 losses as recommended in the
"Food Storage Guide for Schools and Institutions" in the Food Distribution Unit
User's Handbook.
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 the USDA -donated foods are readily
identified
13.910.301
5. Rotate stock utilizing "First-In/First-Out" inventory practices
6. Store donated food off the floor and away from walls in a manner to allow
for adequate ventilation
7. Maintain accurate inventory records of product issuance; and
8. Take other protective measures as may be necessary.
The Department reserves the right to inspect the facilities, without the benefit of
prior notification, to ensure these standards are met.
C. Responsibility for Damage, Spoilage, Theft, or Other Loss
Once the donated foods have been delivered to the Recipient Agency or its carrier
agent, the Recipient Agency is responsible to the Department for any loss resulting
from improper or negligent issuance/distribution of said food. Further, the
Recipient Agency is responsible to the Department for any losses resulting from
improper or negligent issuance/distribution of commodity foods by other agencies
with which the Recipient Agency has entered into sub -Agency agreements or
contracts for distribution of said foods.
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 is
required by the Department to submit documentation regarding the loss.
D. Physical Inventory
Recipient Agencies shall take a monthly physical inventory of USDA commodities
the last working day of each month. In addition to the monthly physical inventory,
an annual physical inventory of USDA commodities shall be taken the last working
day of September and submit the inventory to the Department, not later than the
5th of October, in a format prescribed by the Department. Such inventory shall be
reconciled with the Recipient Agency's book inventory records and maintained on
file by the Recipient Agency.
In no event, shall the inventory level of each donated food in storage exceed a six-
month supply unless sufficient justification for additional inventory has been
submitted and approved by the Department.
E. Complaints
13.910.301
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
an investigation can be pursued by the Department or USDA. In addition, any
complaints regarding the commercial distribution system shall be provided to the
Department in writing for appropriate action.
F. 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. Commodities will be issued in accordance with FNS food package
instruction FNS 835-1 and all legal requirements. The Department reserves the
right to redistribute any USDA donated foods in possession of the Recipient
Agency.
Recipient agency is required to provide nutrition education and information
concerning available health assistance programs, the importance of health care ,
where such persons can obtain such care as well as information on other nutrition
and public assistance programs, and make referrals as appropriate.
G. Records
The Recipient Agency will accurately maintain records of donated foods received
and such accountability records as may be prescribed by the Department. Such
records shall include, but not limited to, accurate and complete records with
respect to the receipt, disposal, and inventory of donated foods and with respect
to any funds which arise from the operation of the program. The Recipient
Agency shall also keep accurate and complete records showing the certification
and eligibility determination of those making applications for program participation.
All records must be retained for a period of three years from the close of the
federal fiscal year to which they pertain. In instances when claim actions and/or
audit findings have not been resolved, the records shall be retained as long as
required for the resolution of such actions or findings.
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 to the distribution of 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 $500,000 or more in federal financial assistance
per fiscal year shall have an audit made by an independent auditor, that complies
13.910.301
with the audit requirements established by the Office of Management and Budget
Circular Number
A-133. The audit of standards to be followed can be found in the "Yellow Book,"
Government Auditing Standards, issued by the U.S. General Accounting Office. 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.
I. Financial
1. Quarterly Statements of Expenditures
As required in the State Plan of Operation and Administration the Recipient
Agency shall submit to the Department by the 15th of the month following
the close of the quarter, a Quarterly Statement of Expenditure report
reflecting an accurate amount of funds expended for the quarter. The
Department will reimburse the Recipient Agency their fair share percentage
of federal funds available based upon each Recipient Agency's actual
expenditures submitted for the previous quarter. Quarterly Statements of
Expenditures shall be kept current and available for audit and review
purpose at the Recipient Agency.
The Recipient Agency will comply with all the fiscal and operational
requirements set by the Department and in accordance with Federal
Regulations and are responsible for any misuse of program funds received.
2. Distributor Charges
The Recipient Agency shall pay the quoted price per case directly to the
contracted regional distributor as billed for the number of cases received on
each shipment. The Recipient Agency shall comply with the distributor's
credit policy and payment terms. In the event a Recipient Agency falls
more than 60 days in arrears in payments to the distributor, 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. The Recipient Agency shall request
reimbursement for payments made to the distributor on a form prescribed
by the Department.
J. Dual Participation
1. As part of the certification process of the detection and prevention of dual
participation within each Local Agency and between Local Agencies,
applicants shall be informed of the illegality of simultaneous participation in
The Special Supplemental Nutrition Program for Women, Infants, and
Children (WIC) and the CSFP Program, or of simultaneous participation in
13.910.301
more than one CSFP Program. A statement of this nature shall appear on
the Certification Authorization Form (FDP-5), or other approved Local
Agency form/certification screen printout, which the applicant will
acknowledge, sign, and date.
2. In areas where a Local Agency serves the same area as a Special
Supplemental Nutrition Program for Women, Infants, and Children (WIC)
Agency, an agreement will be made for the detection and prevention of
dual participation. Such an agreement is outlined in the Agreements
Section of the State Plan of Operation and Administration
3. Local Agencies shall compare and screen the names, at least quarterly of
participation in both programs either electronically or manually depending
on agency's capabilities and size. Participants found in both programs
simultaneously will be terminated from one program immediately and
counseled on program rules. When intentional fraud is found, the
participant shall be disqualified from the appropriate program(s) and
applicable program sanctions will be applied. Participants will be given full
opportunity to appeal a termination.
K. Nutrition Education
All Local Agencies shall annually evaluate the effectiveness of their nutrition
education programs. This shall be accomplished by participant input, such as via
questionnaires or "client surveys," concerning basic nutrition and the use of
supplemental foods. Homebound elderly should also be included in the evaluation
process. Information provided by the completed questionnaires or other
evaluation methods shall be considered in formulating future plans, goals and
objectives for the Local Agency's nutrition education program. Copies of
participant survey results shall be kept on file at the Local Agency and made
available to State Agency staff during the yearly Agency Review.
Local Agencies shall contact Colorado State University, University of Northern
Colorado, Adams State, and Mesa Colleges as needed to determine if students
would be interested in developing, implementing, and presenting nutrition
education classes or materials at the local certification and/or distribution agencies.
Local Agencies will continue to utilize available local resources and any nutrition
education materials provided by the State from USDA to enhance their nutrition
education programs.
The minimum nutrition education may be provided on an individual interview basis
or instructed nutrition education classes. Most participants are involved in a
nutritional assessment at the initial visit. The frequency of formal nutrition
education classes depends upon the agency's financial ability to provide this
service. Whichever method is used, nutrition education is to be provided on an
ongoing basis. The professional expertise to provide nutrition education may
include a Registered Dietitian, Public Health Nutritionist, Registered Nurse,
Physician or a supervised paraprofessional. The County Health Department or CSU
13.910.301
Extension Service may supervise the paraprofessional. Local Agencies must
include in their Nutrition Education Plans, the classification and number of staff
providing nutrition education.
L. Maximum Monthly Distribution Rates
Participants shall be issued supplemental foods based on the approved food
package guide rate, i.e., "Maximum Monthly Distribution Rates and "Food
Packages," by personnel designated by the Local Agency. The Local Agency may
issue foods to participants either monthly or every -other -month, as follows:
1. For Monthly Issuance: participants receive a one -month's supply of food
based on their indicated food package. Participation figures shall be reflected
accordingly on the monthly 153 Report.
2. For Every -Other -Month Issuance: participants receive a two -months' supply
of food based on their indicated food package. Local Agencies' computerized
databases account for double issuances and participation figures in the
affected months and these figures are reflected accordingly on the monthly
153 Report.
M. Referrals
The Local Agency must provide individuals with written information on specific
programs (WIC, Medicaid, Food Stamps, SSI, etc.) and make referrals, as
appropriate.
N. Civil Rights and Nondiscrimination
The Recipient Agency at all times during the execution of this agreement shall
strictly adhere to all applicable regulations, civil rights laws, federal and state laws,
FNS Instruction 113-1, 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:
1. Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000d -1
et. seq. and its implementing regulation, 45 C.F.R. Part 80 et. seq.
2. Section 504 of the Rehabilitation Act of 1973 29 U.S.C. Section 794,
and its implementing regulation, 45 C.F.R. Part 84
3. the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101 et. seq.
and its implementing regulation, 45 C.F.R. Part 91
4. Title VII of the Civil Rights Act of 1964
5. the Age Discrimination in Employment Act of 1967
6. the Equal Pay Act of 1963
7. Title IX of the Education Amendments of 1972
13.910.301
8. Immigration Reform and Control Act of 1986, P.L. 99-603
The Recipient Agency shall comply with all regulations applicable to these laws
prohibiting discrimination because of race, color, national origin, age, sex and
disability, including Acquired Immune Deficiency Syndrome (AIDS) or AIDS related
conditions, covered in Section 504 of the Rehabilitation Act of 1973, as amended,
cited above.
In addition, the Recipient Agency agrees to comply with all provisions required by
the implementing regulations of the Department of Agriculture; Department of
Justice Enforcement Guidelines, 28 CFR 50.3 and 42; and FNS directives and
guidelines, to the effect that, no person shall, on the grounds of race, color,
national origin, sex, age or disability, be excluded from participation in, be denied
benefits of, or otherwise be subjected to discrimination under any program or
activity for which the program applicant receives Federal financial assistance from
FNS; and hereby gives assurance to immediately take measures necessary to
effectuate this agreement.
By accepting this assurance, the Recipient Agency agrees to compile data,
maintain records and submit reports, as required, to permit effective enforcement
of the nondiscrimination laws and permit authorized USDA personnel during
normal working hours to review such records, books and accounts as needed to
ascertain compliance with the nondiscrimination laws. If there are any violations of
this assurance, the Department of Agriculture, Food and Nutrition Service, shall
have the right to seek judicial enforcement of this assurance. This assurance is
binding on the Recipient Agency, its successors, transferees, and assignees, as
long as they receive assistance or retain possession of any assistance from the
Department. The person or persons whose signatures appear on this agreement
are authorized to sign this assurance on behalf of the Recipient Agency.
This assurance is given in consideration of and for the purpose of obtaining any
and all federal and/or state financial assistance. Any person who feels that she/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 reporting
requirements as set forth in the State Plan of Operation and Administration.
4. 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.
5. Enforcement
13.910.301
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 this
Agreement.
6. 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 September 30,
2010. The Recipient Agency or the Department may terminate this Agreement at any
time by giving 30 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 to such place within the State of Colorado as may be
designated by the Department.
7. 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.
8. Future Effect
This Agreement is binding upon the present and future elected or employed officials of the
Recipient Agency and the State of Colorado.
9. Authorized Representative
It shall be the duty of the Recipient Agency to promptly notify, in writing, the Department
of any change in its Agency Head or authorized representative or change in legal address.
10. 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.
13.910.301
Name Of Recipient Agency: Name Of Department:
Weld County Department of Human Services Department of Human Services
Address:
315A North 11th Avenue P.O. Box 1805
Greeley, Colorado 80632
Phone No: 970-352-1551
Address:
1575 Sherman St.
Denver, CO 80203
Phone No: 303-866-5105
Signature Of Agency Head or Authorized Signature Of Agency Head or Authorizec
Representative: , Representative:
Signature:
Date:
09/28/2009
Signature: jac.Jt4w ,
Date: /(V0 9
Please Type or Print Name and Title of Please Type or Print Name and Title of
Agency Authorized Representative: Agency Authorized Representative:
Name: William F. Garcia Name: Pauline Burton
Title: Chair, Board of County Commissionergitle: Director, Off. of Self Sufficien'
ATTEST, IF A CORPORATION:
Printed Name
Signature
Title
Date
&0619- 07511f.
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