HomeMy WebLinkAbout20020229.tiff RESOLUTION
RE: APPROVE FOOD DISTRIBUTION AGREEMENT FOR 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, with 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 January, A.D., 2002.
BOARD OF COUNTY COMMISSIONERS
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������ WELD COUNTY OLORADO
ATTEST: getyl - !f ,
Glen aad aad C air
Weld County Clerk to the B;and
David E. 'g, Pro-Tem
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to the Board ✓�_. _
� M. J. eile
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D` M: EXCUSED
♦� illiam H. Jerke
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obert D. Masden
Date of signature: ai///p6-/
de i4S:D 2002-0229
HR0073
13.910.301
DF-2B(Rev. September 2001)
COLORADO DEPARTMENT OF HUMAN SERVICES
1575 Sherman Street,3rd Floor
Denver,CO 80203-1700
FOOD DISTRIBUTION AGREEMENT
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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13. 910 .301
2. Recipient Agency shall participate in the Donated Foods Program in accordance with the terms
of the Agreement and applicable legal requirements described below.
3. 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.
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 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 loss 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.
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13. 910.301
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 losses 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 finish 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.
D. Physical Inventory
Recipient Agencies shall take an annual physical inventory of USDA commodities 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 Agencys book inventory records and maintained on file by the Recipient Agency.
In no event,may 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 by 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.
—B6—
13. 910.301
F. Utilisation and Redistribution
Available donated foods will be requested only in such quantities as will be filly 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. 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
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 be limited to, accurate and complete records with respect to the receipt, disposal, and
inventory of donated foods and with respect to any finds 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 application 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.
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$300,000 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
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13. 910 .301
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.
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. Civil Rights and Nondiscrimination
The Recipient Agency at all times during the execution of this agreement shall 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-I et. seq. and its implementing regulation, 45 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.
- Immigration Reform and Control Act of 1986,P.L. 99-603
The Recipient Agency shall comply with all regulations applicable to these Jaws 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. This assurance is
—B8—
13. 910. 301
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.
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 this
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 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.
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.
0. Future Effect
This Agreement is binding upon the present and future elected or employed officials of the
Recipient Agency and the State of Colorado.
—B9—
13 . 910.301
P. 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.
Q. 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:
LWIE: January 28, 2002
NAME OF RECIPIENT AGENCY: STATE OF COLORADO
Weld County Board of Commissioners DEPARTMENT OF HUMAN SERVICES
ADDRESS:
DATE `V/,3147 APPROVED
915 10th Street BY: �✓
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PO Box 758 tMARVA LIVIN�ON HAMMONS
i2,
Greeley, Colorado 80632 �f`"' EXECUTIVE DIRECTOR
PHONE (970) 356-4000
SIGNATURE AND TITLE OF LOCAL AGENCY HEAD
OR AUTHORIZED PRESENTATIVE:
Title: Glenn Vaad, Chair (o/iaE .2oc;Z
AI IhST:
x '
SPrL� . ���18��
Deputy Clerk to the ' 1�
—B10—
n MEMORANDUM
pcsTO: Board of County Commissioners
linkFROM: Walter J. Speckman, Executive Director, Human Services
COLORADO SUBJECT: Contract between the Colorado Department of Human
Services and the Weld County Division of Human Services
Enclosed for Board approval is the Contract between the Colorado Department of Human Services
and the Weld County Division of Human Services for the administration and operation of the
Commodity Supplemental Food Program.
This is a continuing Contract which defines the responsibilities and requirements governing the
Commodity Supplemental Food Program.
The period of this Contract is effective on the date of approval by the Executive Director of the
Department of Human Services for the State of Colorado.
If you have any questions, please telephone me at 353-3800, extension 3317.
•
2002-0229
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