HomeMy WebLinkAbout20063119.tiff RESOLUTION
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 October2,2006,
and ending September 30, 2007, 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 13th day of November, A.D., 2006, nunc pro tunc October 2, 2006.
BOARD OF COUNTY COMMISSIONERS
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1247,R 1 WELD COU , COLORADO
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ATTEST: a , �.,
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Weld unty Clerk to th orof -,„f- Lmy
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APPROVED AS TO FOR .
Robert . Mastien
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Date of signature: U II510(c
2006-3119
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13 . 910 . 301
DF-2B (Rev. August 2006)
COLORADO DEPARTMENT OF HUMAN SERVICES
1575 Sherman Street, 3rd Floor RECEIVE
Denver, CO 80203-1700
FOOD DISTRIBUTION AGREEMENT OCT 10 2006
F0CU
COMMODITY SUPPLEMENTAL FOOD PROGRAM
(Serving Low Income Women, Infants, Children and Elderly)
This Agreement is made by and between the Colorado Department of Human Services,
1575 Sherman Street, 3rd Floor, Denver, CO 80203-1714 (hereinafter referred to as the
"Department"), and the Weld County Division of Human Services
(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 following types of storage facilities available:
Dry Yes X No
Cooler Yes X No
Frozen Yes X No
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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 which have entered
into agreements with the local agency. If applicable, list the name, address and phone
number of each certification, food distribution and storage site under contract with the
Recipient Agency
Name of Site Address Phone Function
2. Recipient Agency shall 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 which 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.
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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
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.
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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
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
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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 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.
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 is 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
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Agency shall request reimbursement for payments made to the distributor on a form
prescribed by the Department.
J. Dual Participation
a. 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 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.
a. 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
b. 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.
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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 paraprofessional could be
supervised by the County Health Department or CSU Extension Service. 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:
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.
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
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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 113-2, Rev 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:
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.
Section 504 of the Rehabilitation Act of 1973
29 U.S.C. Section 794, and its implementing regulation, 45 C.F.R. Part 84
the Age Discrimination Act of 1975, 42 U.S.C. Sections
6101 et. seq. and its implementing regulation, 45 C.F.R. Part 91
Title VII of the Civil Rights Act of 1964
the Age Discrimination in Employment Act of 1967
the Equal Pay Act of 1963
Title IX of the the Education Amendments of 1972
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
handicap, 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
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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.
O. 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.
P. 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 this
Agreement.
Q. 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,
2007. 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.
R. 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.
S. Future Effect
This Agreement is binding upon the present and future elected or employed officials of the
Recipient Agency and the State of Colorado.
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T. 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.
U. 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.
TYPE OR PRINT ALL INFORMATION BELOW:
THIS AGREEMENT ENTERED INTO ON:
DATE: October 2, 2006
NAME OF RECIPIENT AGENCY: STATE OF COLORADO
Weld County Division of Human Services DEPARTMENT OF HUMAN SERVICES
ADDRESS:
DATE ID/7).1k L APPROVED
1551 N. 17th Avenue
P. O. Box 1805 BY: `a�rr PK.b
MARV LIVINGSTON HAMMONS
Greeley, CO 80632-1805 EXECUTIVE DIRECTOR
PHONE (970) 353-3800
SIGNATURE A TITLE OF LOCAL AGENCY HEAD
OR AUTHORIZ REPRESENTATIVE:
"�/lam' otter,/
Title: Mike Geile,Chair
ATTEST:
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