HomeMy WebLinkAbout20002901.tiff RESOLUTION
RE: APPROVE CONTRACT FOR CHILD AND ADULT CARE 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 Contract for the Child and Adult Care
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,
Family Educational Network of Weld County, and the Colorado Department of Public Health
and Environment, commencing October 1, 2000, and ending September 30, 2005, with further
terms and conditions being as stated in said contract, and
WHEREAS, after review, the Board deems it advisable to approve said contract, 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 Contract for the Child and Adult Care 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, Family Educational Network of
Weld County, and the Colorado Department of Public Health and Environment be, and hereby
is, approved.
BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized
to sign said contract.
The above and foregoing Resolution was, on motion duly made and seconded, adopted
by the following vote on the 20th day of November, A.D., 2000, nunc pro tunc October 1, 2000.
BOARD OF COUNTY COMMISSIONERS
WELD �COUNTY,COORADO
ATTEST: A / �� 4A€ I/.
arbara J. kme er, Chair//
Weld County Clerk to the roar•' :�
`,zn
M. J. ile, Pro-Tem
BY:
De•uty Clerk to the .u� • ,1 <
George . Baxter
APPROVED AS TO FORM: _ Q
a `.1�' Dale K. all /
unty Attorney Ail AA Glenn Vaad `����
2000-2901
HR0071
APPROVED WAIVER FORM CONTRACT DEPARTMENT OR AGENCY NUMBER
Child Care Center or COLORADO DEPARTMENT OF
Sponsor of Child Care Center PUBLIC HEALTH AND ENVIRONMENT
DEPARTMENT OR AGENCY NAME
FAA
CONTRACT ROUTING NUMBER
.oeeFP00416 65103-0;
(;!
CONTRACT
This CONTRACT is made this 1st day of August 2000,by and between: the State of Colorado, for the use and
benefit of the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT(CDPHE),whose address or
principal place of business is 4300 Cherry Creek Drive South,Denver,Colorado 80246,hereinafter referred its
"the State; and, WELD COUNTY,FAMILY EDUC NETWORK OF WELD CO(Public Entity),whose ado it.s
or principal place of business is, PO BOX 1805,GREELEY,CO 80632-1805 reinafter referred to as"the
Contractor"
WHEREAS, as to the State, authority exists in the Law and Funds have been budgeted,appropriated, and utheniri,e
made available, and a sufficient uncommitted balance thereof remains available for subsequent encumberine ant''
payment in Fund Number 100 and Appropriation Code 657 under Blanket Contract Encumbrance number
CFP******* •
WHEREAS the purpose of this Contract is to carry out the objectives of Section 17 of the National School Lur.I
Act, as amended, and the Regulations governing the CHILD AND ADULT CARE FOOD PROGRAM.(CAC VP)
issued thereunder(7 C.F.R., Part 226);
WHEREAS, as of the made date of this Contract, the State ha; a currently valid Group 11 purchasing deieeatiot
agreement with the Division of Purchasing within the Colorado Department of Personnel;
WIIEREAS,this'is a special circumstances procurement made;in accordance with Colorado Procurement Rule
R?4-103-206-04;
WHEREAS, all required approvals, clearances, and coordination have been accomplished from and with all
appropriate agencies.
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2000-2901
NOW THEREFORE, in consideration of their mutual promises to each other, stated below,the parties herein
agree as follows:
A. EFFECTIVE DATE AND TERM. The effective date of this Contract is October 1.2000. or such late
the State Controller approves this Contract, whichever !s later. The initial term of this Contract shall
commence on October 1,2000, and continue through and including September 30,2005, unless
terminated earlier as provided for herein and so long as funds are avai'able to carry out the object i%t of r�e
CACFP. The total term of this Contract, may not exceed five (5)years
B. DEFINITIONS. For the purposes of this Contract, the following definitions shall apply:
1. "Children" means (a)persons twelve(12) years of age and under, (b) children of migrant N.orkc s
fifteen (15)years of age and under, and(c)mentally or physically disabled persons, as defused
the State,who are enrolled in an institution or child care facility serving a majority of pec,o is
eighteen (18)years of age and under.
2. "Enrolled child" means a child whose parent or guardian has submitted to the Contractor a',ignrd
document which indicates that the child is enrolled for child care with the Contractor.
3. "Milk" means pasteurized fluid types of unflavored or flavored whole milk, low fit milk, skim
milk, or cultured buttermilk which meet State and local standards for such milk. "Milk" means
unflavored types of whole fluid milk or an equivalent quantity of reconstituted evaporated milk
which meets such standards. All milk should contain vitamins A and D at levels
specified by the Food and Drug Administration and be consistent with State and 'ocal standard:
for such milk.
4. "Verification" means a review of the information reported by the Contractor to ti e Stat- re;:ard n�
the eligibility of enrolled children for free or-educed cost meals.
C. DUTIES AND OBLIGATIONS OF THE CONTRACTOR.
1. Compliance. The Contractor shall comply w:th Title VI of the Civil Rights Act of 1964 i Tubas
Law 88-352) and all requirements imposed by the Regulations of the: Department of Agriculture
(7 C.F.R., Part 15),the Department of Justice (28 C.F.R.,Parts 42 & 50), and the Food any!
Nutrition Service(ENS), directives or regulations issued pursuant to that Act; and, those
Regulations which state that no person in the United States shall,on the basis of race, color,
national origin, sex,religion, age, disability, political beliefs, be excluded from participatitn iu_ ar
be denied the benefits of,or be otherwise subject to discrimination under any program of actry a'.
for which the Contractor received Federal financial assistance.
'2- Assurances. The Contractor hereby assures the State that it shall immediately tare any mzasw c..
necessary to effectuate this Contract. This assurance is given in consideration of and for the
purpose of obtaining: any and all Federal financial assistance,grants,or loans of Federal 9md:
reimbursable expenditures, grants or donations of Federal property and any interest in hot
property; the detail of Federal personnel;the sale and lease of, and the permission to u Federal
property or any interest in such property the furnishing of services without considerato t or al a
nominal consideration; the furnishing of sen ices at a consideration which is reduced fa he
purpose of assisting the Contractor;the furnishing of services to the Contractor n recognition o'
the public interest to be served by such sale, lease,or furnishing of services to the Con utor.. .n
any improvements made with Federal financial assistance extended to the Contractor by the
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Federal government. This requirement includes any Federal agreement, arrangement, or other
contract which, as one of its purposes the provision of assistance such as food,food stamps, cash
assistance for the purchase of food, and any other financial assistance extended in reliance on tie
representations and agreements made in this assurance.
3. Title VI Data Collection. The Contractor agrees to compile data,maintain records, and submit
reports as required to permit the effective enforcement of Title VI. The Contractor shall pi,rmi.
authorized State personnel, during the Contractor's normal working hours,to review such records,
books,and accounts as may be needed to ascertain the Contractor's compliance with Title V1. it
the Contractor fails to maintain such data and records,then the State shall have the right n, see
judicial enforcement of this provision. This provision is binding upon the Contractor, its
successors,transferees, and assignees so long as it receives assistance or retains possession of anv
assistance from the State.
4. Center Administration. The Contractor's governing body is responsible for the administra_ion of
the centers listed in"Attachment B", which is incorporated herein by this reference,made a par
hereof, and attached to this Contract, or it is an agency to which the centers listed in Artachme it B
have delegated authority for the operation of the food service program.
5 Adherence to Applicable Federal Law. In order to qualify for reimbursement urder this Conn act,
the Contractor shall conduct itself in accordance with: the regulations governing the CACFP ("
C.F.R. Part226);all appropriate OMB circulars; and, all appropriate State regulations or policies.
Additionally,the Contractor shall:
A. Operate a nonprofit food service using all of the income received from the CALF P solely
for the operation or improvement of such service. The Contractor shal. use cash
reimbursement for the purchase of food and other food service expenses_
B. Serve meals which meet the minim am nutritional requirements specified in Attachment
A.
C. Serve the same meal at no separate charge to enrolled children who are: hi attendance at
meal time (non-pricing institution)and so designate on the"Application Form. and
Nondiscrimination Policy Statement" and abide by the terms of the"Nondiscriminat on
Policy Statement and Program Verification Rules"(Regulations 226.23 h.1); or. have an
identifiable separate charge from tuition for meals served to enrolled children(pricing
institution)and so designate on the"Application Form and Nondiscrimination Polic'
Statement" and abide by the terms of the"Non-discrimination Policy Statement and
Program Verification Rules"(Regulations 226.23 h.2).
D. Collect data on family size and income and record that data on the"Income Eligibilny
Form" (IEF)for children enrolled at all centers listed in Attachment B to determine
which children are from families meeting the income eligibility guidelines for free or
reduced cost meals. Children for whom family size and income data is not ava,labie
shall be reported under the Paid(not eligible for free or reduced cost meals)category
only.. An IEF is valid for twelve(12)months. The eligibility term is calculated fror the
first day of the month in which the parent or guardian signed the IEF. Free or reducec
cost meals may be claimed for reimbursement beginning with that date. The II. is never
retroactive from this date. Meals claimed after the expiration date of an IEF car on'y he
claimed in the Paid category.
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E. Claim reimbursement only for those meals served to eligible enrolled children in each
income category within the limits of the Contractor's licensed capacity or registration
certificate capacity. No more than two(2)meals and one(1)snack or two(2) snacks and
one(1)meal per child per day shall be claimed.
F. Submit claims for reimbursement in accordance with the procedures established by tt e
State. Claims for reimbursement which are received by the State after 12:00 p.m on .he
10th calendar day of a month, or on such other date as may be specified. by the State,
shall be processed for payment in the following month. Only original final claims
received within sixty(60)calendar days following the last day of the claim month shill
be eligible for reimbursement. Revised claims requiring an upward adjustment to the
prior amount paid must be submitted within ninety(90)calendar days of the lasi day .r
the claim month. Revised claims requiring a downward adjustment may be subrritte iit
anytime.
G. Store,prepare, and serve food in conformance with all applicable State and local hea.tl•,
laws and regulations.
H. Maintain full and accurate records which pertain to the CACFP, and retain such records
for a period of six(6)years after the end of the State of Colorado fiscal year to
they pertain.
Make all accounts and records which pertaining to the CACFP available to the State and
the USDA for audit or review during the Contractor's normal business hours aT all tin,is
during the term of this Contract.
I. Provide adequate supervisory and operational personnel for overall monitoring and
management of each food service operation, and promptly take such actions as are
necessary to correct deficiencies found at the time of any on-site visit, review, or audi
K. If the Contractor is acting as a sponsor, then it shad monitor all centers at least three (`i)
times each year, including once during the first six (6)weeks of the CACFP operation
These reviews cannot be more than six(6)months apart. All outside-school-hours
centers must be monitored at least six(6)times each year, including once during the first
month of CACFP operation. These reviews cannot be more than three(3)months aoan.
L. Schools operating outside-school-hours centers must monitor each site at least three (i)
times per year.
6. Tax Exempt Status. The Contractor is: a public organization or a nonprofit organization wh cii
has tax exempt status,e.g.,under section 501(a)of the Internal Revenue Code; or, is movin,
toward compliance with the requirements of the aforementioned section in accordance ti ith
Section 226.15 of the Program Regulations.
7. Title XX Certification. If the Contractor is a for profit Title XX center,then it certifies that It
receives funds under Title XX of the Social Security Act for at least twenty-five percent (25%) of
each center's enrolled children or license capacity,whichever is less,during the month preceding
its original application to the CACFP and shall continue to certify such information in each
succeeding claim month. The Contractor shall not claim reimbursement for meals served it any
for profit center for any month during which the center receives Title XX funds for less that
Page 4 of 13
twenty-five percent(25%)of its enrolled children or license capacity.
8. Licenses. The Contractor certifies that all child care centers listed in Attachment 13 shall hace a
valid license or registration certificate for providing child care.
9. Nonresidential Child Care. The Contractor certifies that it provides organized child care it:
nonresidential situations.
10. Operational Responsibility. The Contractor certifies that it accepts full and final fimmcial and
administrative responsibility for all CACFP operations for each child care center under its
jurisdiction.
1 1. Smoke Free Environment. The Contractor cenifies that it shall provide services tc all program
participants and employees in a smoke free environment. In accordance with Public Law 103-
227, also known as the Pro-Children Act of 1994, smoke free shall mean that smoking is not
permitted in any portion of any indoor facility owned or leased or contracted for if said facii ty i
routinely or regularly used for the provision of child care or health services to any child under th
age of 18 when those services are funded all or in part with Federal funds.
12 Record Keeping Requirements. The Contractor shall keep full and accurate records pertaining tc,
its food service as a basis for its claims for reimbursement and, for State and Federal audit and
review purposes. These records include,but are not limited te, the following:
A. Menus and food production records which indicate the quantities of foods prepared the
number of persons for whom meals were prepared for, and the serving sizes.of the!;,)
meals. The food production records shall include the number of adults served.
B. Daily records of the meals served to children itemize"by: name, type of meal (i.e..
breakfast, lunch, supper,or snack), and income category (i.e., free, reduced cost, or paid)
This information shall be recorded on the"Record of Meals Served"fonr.
C. Approved IEFs for enrolled children categorized as free or reduced cost.
D. Documentation of income to the Contractor from funds to subsidize food service
program, from State CACFP reimbursement, from payments for adult meals,and from .11
other sources, including loans and donations to the Contractor.
E. Invoices or receipts for purchases by the Contractor, including:bills from food service
management companies,payroll records including fringe benefits, equipment costs,
maintenance and repair fees, office costs, utilities' costs and other administrative costs.
This documentation shall be sufficient to show that all reimbursement funds are used:
(1)solely for the conduct of the CACFP food service, or(2)to improve such food service
operations principally for the benefit of the enrolled children. DOCUMENTATION OF
ALL COSTS PERTAINING TO THE OPERATION OF THE CACFP SHALL BF
SPECIFICALLY ITEMIZED. DOCUMENTATION SHALL CLEARLY SHOW
THAT THE FOOD SERVICE IS NONPROFIT BASED ON ALL CACFP
INCOME AND EXPENSES.
F. License, registration, or certification documentation.
G. Documentation of visits to child care centers to monitor compliance. This requirement
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pertains only to sponsors that administer more than one child care center in accordance
with Federal Regulation 226.16(d).
H. Documentation of enrollment.
Documentation of attendance (class a tendance records or sign-in/sign-out sheets)
J. Documentation of Civil Rights racial,ethnic data.
K. Documentation of staff training pertaining to the CAACFP.
L. Daily records of the times children ate in the Contractor's facility(ies) (also known as
sign-in/sign-out records).
M. Special Diet Statements documentin;;variances from the CACFP meal F attems.
1;. Any contract(s)with a food service management company or, any other food service
contract(s).
O. Any Colorado Department of Human Services contract(s)- For Profit Title XX center
only.
P. Copies of any payment and billing records from the Department of Human Services- For
Profit Title XX centers only.
Q. Copies of any records of deposit of CACFP reimbursement.
13. Res nonsibility for Commodities. The Contractor shall properly account for, stogy e, and ust all
USDA commodity foods provided to it under this Contract. The Contractor shall only use all
USDA commodity foods provided to it under this Contract solely for the benefit of those persii
served or assisted by the Contractor under this Contract. The Contractor shall not dispose of:.n
USDA commodity foods without the prior express,written consent of the State. The Con trac o..
shall promptly provide a written response tc all claims related to the alleged mishandling,
diversion,and/or loss of these commodity foods which allegedly resulted from the improper
accounting,storage, or use of these commodity foods. If the Contractor,or third party agents of
the Contractor, are responsible for any theft or other loss of any USDA commodity foods,then the
State may immediately terminate this Contract for cause without any further liability to the S ate
of any kind. including termination costs.
14. Subcontractina. The Contractor may contract with a local school food authority or with a fop ci
service management company for the preparation and delivery of meals or meal components Fhe
Contractor shall remain responsible for the fulfillment of the terms and conditions of this
Contract. The Contractor shall submit a ccpy of each such contract to the State
D. DUTIES AND OBLIGATIONS OF THE STATE.
1, Compensation. Payments under this Contract shall be made as earned, in whole or in part from
available State funds encumbered in each fiscal year for the purchase of Child and Adult Food
Care Services. Of this total financial obligation of the State,all funds are identified as attributable
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to a funding source of the United States government. The Contractor expressly acknowledges .hat
the maximum amount of funds available statewide for each state of Colorado fiscal year for the
purchase of Child and Adult Food Care Service from all contractors is the amount which is
encumbered in the blanket encumbrance. The liability of the State,at any time, for payments t:,
the Contractor,and all other contractors,shall be limited to the remaining unencumbered balance
of these funds. If the total funds appropriated for the purposes of this Contract are reduced dun.r g
the term of this Contract,then the State, in its sole discretion,may proportionately reduce the
funding for this Contract and all other contracts or,terminate this Contract and all other co ntra:t .
The State shall only reimburse the Contractor for creditable meals served to eligible participates at
those centers listed in Attachment B. During any state of Colorado fiscal year, the amount of
reimbursements paid to the Contractor shall be based on the actual count of meals served ^y
eligibility category.
2. Notifications. The State shall notify the Contractor of any change in the minimum meal
requirements or in the applicable rates of reimbursement as soon as possible after the State
receives such notification from USDA.
3. Press Releases. The State shall annually make available on behalf of the Contractor to the local
media serving the area from which the Contractor draws its attendance, a public release
announcing the availability of meals to all eligible enrolled participants without regard to race
color,sex,national origin, age, religion, disability, or political beliefs. Not all prohibited basal
apply to all USDA programs.
4. Provision of Commodities. The Contractor shall receive for use in its child care centers. Fleac
Start centers, outside-school-hours centers, or For Profit Title XX centers:
_ Regular Donated Commodities or,
Cash-in-lieu of Commodities(with bonus commodities)
E. ATTACHMENT REFERENCES. Attachment B lists those centers which have been approved to
participate in the CACFP and,those meals which may be claimed by the Contractor for reimbursemen''
under this Contract Centers or meals may be added to or deleted from Attachment Bas the need
arises. All such changes shall be confirmed in writing and sent to the State. All references to
Attachment B shall be deemed to include that Attachment as subsequently supplemented or amen Jed
F. GENERAL PROVISIONS
1. The parties warrant that each possesses actual, legal authority to enter into this Contract The
parties further warrant that each has taken all actions required by its applicable law,procedurn.
rules, or by-laws to exercise that authority,and to lawfully authorize its undersigned signator +o
execute this Contract and bind that party to its terms. The person or persons signing this Contract,
or any attachments or amendments hereto, also warrant(s)that such person(s)possesses acma.,
legal authority to execute this Contract, and any attachments or amendments hereto, on behalf if
that party.
2. THE CONTRACTOR SHALL PERFORM ITS DUTIES HEREUNDER AS AN
INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OF THE STATE.
NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE
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CONTRACTOR SHALL BE,OR SHALL BE DEEMED TO BE,AN AGENT OR
EMPLOYEE OF THE STATE. THE CONTRACTOR SHALL PAY WHEN DUE ALL
REQUIRED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON
ANY MONIES PAID PURSUANT TO THIS CONTRACT. THE CONTRACTOR
ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES ARE NOT
ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE
CONTRACTOR OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE
STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. TH E
CONTRACTOR SHALL HAVE NO AUTHORIZATION.EXPRESS OR IMPLIED. TO
BIND THE STATE TO ANY AGREEMENTS, LIABILITY,OR UNDERSTANDING
EXCEPT AS EXPRESSLY SET FORTH HEREIN. THE CONTRACTOR SHALL
PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION(AND SHOW PROOF
OF SUCH INSURANCE)AND UNEMPLOYMENT COMPENSATION INSURANCE IN
AMOUNTS REQUIRED BY LAW,AND SHALL BE SOLELY RESPONSIBLE FOR THE
ACTS OF THE CONTRACTOR,ITS EMPLOYEES AND AGENTS.
3. This Contract may be terminated by either party by giving thirty(30)calendar cays written ncai.e
thereof to the other party. The State may immediately terminate this Contract if it receives
evidence that the Contractor has failed to comply with the terms and conditions of this Contract
or,the federal regulations governing this Contract. Any termination of this Contract by the Si are
shall be made in accordance with all applicable laws and regulations including 7 C.F.R. Part
2.26.6(c). No termination or expiration of this Contract, however, shall affect the obligation o he
Contractor to maintain and retain records and to make such records available for audit. The
Contractor may appeal a termination according to the procedures established in 7 C.F.R. Par
226.6(k).
4 The Contractor authorizes the State, or its authorized agents or designees,to perform aud ts o
make inspections of its records for the purpose of evaluating its performance under this Conn a) c
at any reasonable time during the term of this Contract and for a period of three(3)years
following the termination of this Contract. As such,the Contractor shall permit the State. am
appropriate federal agency or agencies, or any other duly authorized governmental agent or
agency,to monitor all activities conducted by the Contractor pursuant to the terms of this
Contract. Such monitoring may include, but is not limited to: internal evaluation procedures
examination of program data,special analyses,on-site checks, formal audit examinations, or at
other reasonable procedures. All monitoring shall be performed by the State in such a manner that
it shall not unduly interfere with the work of the Contractor.
5. If the Contractor obtains access to any records,files,or information of the State in conne.:tio.
with,or during the performance of,this Contract,then the Contractor shall keep all such recc rds,
files,or information confidential and shall comply with all laws and regulations concerning Lie
confidentiality of all such records,files,or information to the same extent as such laws and
regulations apply to the State. Any breach of confidentiality by the Contractor or third party
agents of the Contractor shall constitute good cause for the State to cancel this Contract. wittoat
liability to the State. Any State waiver of an alleged breach of confidentiality by the Contra(:or.
or third party agents of the Contractor,does not constitute a waiver of any subsequent bread by
the Contractor, or third party agents of the Contractor.
6. To the extent that this Contract may be exe:uted and performance of the obligations of the parties
may be accomplished within the intent of this Contract,the terms of this Contract are severanle. If
any term or provision of this Contract is declared invalid by a court of competent jurisdiction, or
becomes inoperative for any other reason;.then such invalidity or failure shall not affect the
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validity of any other term or provision of this Contract.
7. Unless otherwise provided for in this Contract.the Contractor shall notify the State, within live
working days after being served with a summons, complaint, or other pleading in a case which
involves any services provided under this Contract and which has been filed in any federal or st rt
court or administrative agency. The Contractor shall immediately deliver copies of any such
documents to the State.
8. This Contract is subject to such modifications as may be required by changes in applicable 'edera',
or state law, or federal or state implementing rules,regulations,or procedures of that federal or
state law. Any such required modification shall be automatically incorporated into, and be mace a
part of,this Contract as of the effective date of such change as if that change was fully set forth
herein. Except as provided above,no modification of this Contract shall be effective unless suc h
modification is agreed to in writing by both parties in an amendment to this Contract that has bre
previously executed and approved in accordance with applicable law.
9. Notwithstanding any other provision of this Contract to the contrary, no term or condition of th s
Contract shall be construed or interpreted as a waiver, express or implied, of any of the
immunities,rights, benefits,protections,or other provisions of the Colorado Governmental
Immunity Act(CGIA), section 24-10-101, ei_eq.. C.R.S., as now or hereafter amended. The
parties understand and agree that liability for claims for injuries to persons or property arising eu.
of the alleged negligence of the State of Colorado, its departments, institutions, agencies, boares.
officials, and employees is controlled and lim ted by the pros isions of section 24-10-]01 et seq
C.R.S.,as now or hereafter amended.
10. This Contract shall not be modified, altered, or changed in any way except through a written
amendment to this Contract executed and approved in accordance with the applicable provisions
of the Fiscal Rules of the State of Colorado.
11. This Contract is the complete integration of ail understandings between the parties. No prior o
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect
whatsoever, unless embodied herein in writing. No subsequent novation,renewal,addition,
deletion, or other amendment hereto shall hate any force or effect unless embodied in a written
contract executed and approved pursuant to the Fiscal Rules of the State of Colorado.
G. SPECIAL PROVISIONS.
CONTROLLER'S APPROVAL.
I. This contract shall not be deemed valid until it shall have been approved by the Controller oft-tc
State of Colorado or such assistant as he may designate.
FUND AVAILABILITY.
2. Financial obligations of the State payable after the current fiscal year are contingent upon funes
for that purpose being appropriated, budgeted, and otherwise made available.
Page 9 of 13
BOND REQUIREMENT.
3. If this contract involves the payment of more than fifty thousand dollars for the construction.
erection,repair,maintenance,or improvement of any building,road. bridge.viaduct,tunnel, excavatio i ar
other public work for this State, the contractor shall, before entering upon the performance of any such
work included in this contract,duly execute and deliver to the State official who will sign the contract, a
good and sufficient bond or other acceptable surety to be approved by said official in a penal sum not leg;
than one-half of the total amount payable by the terms of this contract.
Such bond shall be duly executed by a qualified corporate surety conditioned upon the faithful
performance of the contract and in addition,shall provide that if the contractor or his subcontractors fail to
duly pay for any labor, materials,team hire, sustenance, provisions, provendor or other supplies used c r
consumed by such contractor or his subcontractor in performance of the work contracted to be done or fails
to pay any person who supplies rental machinery,tools, or equipment in the prosecution of the work tt e
surety will pay the same in an amount not exceeding the sum specified in the bond, together with interes at
the rate of eight per cent per annum. Unless such bond is executed, delivered and filed,no claim in fa:cr
of the contractor arising under such contract shall be audited,allowed or paid. A certified or cashier's
check or a bank money order payable to the Treasurer of the State of Colorado may be accepted in lieu of a
bond. This provision is in compliance with CRS 38-26-106.
INDEMNIFICATION.
4_ To the extent authorized by law,the contractor shall indemnify, save.and hold harmless the `state,
its employees and agents, against any and all claims, damages, liability and court awards includint: corn.
expenses,and attorney fees incurred as a result of any act or omission by the contractor, or its employee;,
agents, subcontractors, or assignees pursuant to the terms of this contract.
DISCRIMINATION AND AFFIRMATIVE ACTION.
5 The contractor agrees to comply with the letter and spirit of the Colorado Antidiscrim ina:ion Act
of 1957, as amended, and other applicable law respecting discrimination and unfair employment praci ices
(CRS 24-34-402), and as required by Executive Order, Equal Opportunity and Affirmative Actior., dated
April 16, 1975. Pursuant thereto. the following provisions shall be contained in all Sta`e contracts ana
.subcontracts.
During the performance of this contract,the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of
race,creed,color,national origin, sex,marital status,religion, ancestry,mental or physical handicap, of
age. The contractor will take affirmative action to insure that applicants are employed, and that empin ees
are treated during employment,without regard to the above mentioned characteristics. Such action shall
include, but not be limited to the following: employment upgrading,demotion, or transfer,recruitment or
recruitment advertising; lay-offs or terminations;rates of pay or other forms of compensation: and
selection for training, including apprenticeship. The contractor agrees to post in conspicuous places,
available to employees and applicants for employment,notices to be provided by the contracting oftiver
setting forth provisions of this non-discrimination clause.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of
the contractor, state that all qualified applicants will receive consideration for employment without regard
Page 10 of 13
to race, creed,color, national origin, sex,marital status. religion, ancestry, mental or physical handicap, a
age.
(c) Tne contractor will send to each Labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding, notice to be provided by the
contracting officer,advising the labor union or workers' representative of the contractor's commitment
under the Executive Order, Equal Opportunity and Affirmative Action, dated Aprii. 16, 1975, and of the
rules,regulations, and relevant Orders of the Governor
(d) The contractor and labor unions will furnish all information and reports required by Executive
Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and by the rules, regulations and
Orders of the Governor, or pursuant thereto, and will permit access to his books,records, and accounts bs
the contracting agency and the office of the Governor or his designee for purposes of investigation to
ascertain compliance with such rules, regulations and orders.
(e) A. labor organization will not exclude any individual otherwise qualified from full membership
rights in such labor organization, or expel any such individual from membership in such labor organizai u n
or discriminate against any of its members in the full enjoyment of work opportunity because of race,
creed, color, sex, national origin, or ancestry.
(f) A labor organization,or the employees or members thereof will not aid, abet, incite, compel or
coerce the doing of any act defined in this contract to he discriminatory or obstruct or prevent any :Dersc n
from complying with the provisions of this contract or any order issued thereunder; or attempt, either
directly or indirectly,to commit any act defined in this contract to be discriminatory.
(g) In the event of the contractor's non-compliance with the non-discrimination clauses of this
contract or with any of such rules,regulations, or orders, this contract may be canceled, terminated or
suspended. in whole or in part and the contractor may be declared ineligible for further State contracts in
accordance with procedures, authorized in Executive Order, Equal Opportunity and Affirmative Action.
dated April 16, 1975, and the rules, regulations, or orders promulgated in accordance therewith, and such
other sanctions as may he imposed and remedies as may be invoked as provided in Executive Order, Equal
Opportunity and Affirmative Action,dated April 16, 1975, or by rules,regulations, or orders pramulgael
in accordance therewith, or as otherwise provided by law.
(h) The contractor will include the provisions of paragraphs(a)through(h) in every subcontract and
subcontractor purchase order unless exempted by rules,regulations, or orders issued pursuant to Execu:i':e
Order,Equal Opportunity and Affirmative Action,dated April 16, 1975,so that such provisions will be
binding upon each subcontractor or vendor. The contractor will take such action with respect to any
sub-contracting or purchase order as the contracting agency may direct, as a means of enforcing such
provisions, including sanctions for non-compliance; provided,however,that in the event the contractor
becomes involved in,or is threatened with, litigation, with the subcontractor or vendor as a result of su_t
direction by the contracting agency,the contractor may request the State of Colorado to enter into such
litigation to protect the interest of the State of Coloraco.
COLORADO LABOR PREFERENCE.
6a. Provisions of CRS 8-17-101 & 102 for Colorado labor are applicable to this contract if public
works within the State are undertaken hereunder and are financed in whole or in part by State fund>.
b. When a construction contract for a public project is to be awarded to a bidder, a resident bidder
Page 11 of 13
shall be allowed a preference against a non-resident bidder from a state or foreign country equal to We
preference given or required by the state or foreign country in which the non-resident bidder is a resident
If it is determined by the officer responsible for awarding the bid that compliance with this subsection .)(
may cause denial of federal funds which would otherwise be available or would otherwise be inconsistcn
with requirements of Federal law,this subsection shall be suspended,but only to the extent necessary to
prevent denial of the moneys or to eliminate the inconsistency with federal requirements. (CRS 8-I9-I t-I
and 102).
GENERAL.
7. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be
applied in the interpretation, execution, and enforcement of this contract. Any provision of this contra(t
whether or not incorporated herein by reference which provides for arbitration by any extra-judicial bo
or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered nu I
and void. Nothing contained in any provision incorporated herein by reference which purports to nega:e
this or any other special provision in whole or in part shall be valid or enforceable or available in any
action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and vo.d
by the operation of this provision will not invalidate the remainder of this contract to the extent'that the
contract is capable of execution.
8. At all times during the performance of this contract, the contractor shall strictly adhere to all
applicable federal and state laws,rules and regulations that have been or may hereafter be established.
9. Pursuant to CRS 24-30-202.4(as amended), the state controller may withhold debts owed to °rate
agencies under the vendor offset intercept system for: (a)unpaid child support debt or child support
arrearages; (b)unpaid balance of tax, accrued interest, or other charges specified in Article 21, Title 3S
CRS; (c) unpaid loans due to the student loan division of the department of higher education; (d) owee
amounts required to be paid to the unemployment compensation fund; and(e) other unpaid debts twin_ to
the state or any agency thereof, the amount of which Is found to be owing as a result of final agency
determination or reduced to judgment as certified by controller.
10. The signatories aver that they are familiar w th CRS 18-8-301, et. seq., (Bribery and Corrupt
Influences),and CRS 18-8-401,et. seq., (Abuse of Public Office), and that no violation of such provisions
is present.
11. The signatories aver that to their knowledge no state employee has any personal or beneticia
interest whatsoever in the service or property described herein.
•
Page 12 of 13
r -
IN WITNESS WHEREOF,the parties hereto have executed this Contract as of the date and year first above
written.
65103-05
CONTRACTOR: WELD COUNTY,FAMILY STATE:
EDUC NETWORK OF WELD CO
(LEGAL NAME OF ENTITY) STATE I • . I OR DO
(Public En 'ty) Bill Owens,Gov
By: � /l yLC/A1 .P�� By: \
Name arbara J. Kiiirkme}{Qr For the Executive Di •tor
Title: Chair (10/11/2000) DEPARTMENTO'P BLIC
FEIN: 84-6000813 L HEALTH AND EN I I NMENT
If Corporation,Town/City/County,or E ivalent: PRO MAP •
EL
AY'q'w/ E,� Sea a ti ,1
By: _�/ .% W q
Qsrpor k7&CRNRrc c`.�
Tonat6GitokettaitnGdzitIsc� (� V
Deputy Clerk to the Bo-
APPROVALS:
COLORADO DEPARTMENT OF LAW COLORADO DEPARTMENT OF PERSONNEL
OFFICE OF THE ATTORNEY GENERAL OFFICE OF THE STATE CONTROLLER
Ken Salazar,Attorney General Arthur L. Barnhart,State Controller
By: By: CA.
Page 13 of 13
ATTACHMENT A
CACFP Requirements for Meals
Each institution participating in the Program shall serve one or more of the following types of meals.. as provided a
its approved application: Breakfast, Lunch, Supper, Snacks served between such other meals.
1. Except as otherwise provided in this section, and in any appendix to this part, each meal shall contain, a:
minimum,the food components as follows:
A BREAKFAST SHALL CONTAIN:
• A serving of fluid milk as a beverage or on cereal;or used in part for each purpose.
• A serving of vegetable(s)or fruit(s); or full-strength vegetable or fruit juice; or an equivalent
quantity of any combination of these foods.
• A serving of whole-grain or enriched bread; or an equivalent serving of cornbread.biscuits. robs
muffms,etc.,made with whole-grain or enriched meal or flour;or a serving of whole-grain or
enriched or fortified cereal; or a serving of cooked whole-grain or enriched pasta or noodle
products such as macaroni; or cereal grains such as rice, bulgur, or corn grits;or an equivalent
quantity of any combination of any of these foods.
BOTH LUNCH AND SUPPER SHALL CONTAIN:
• A serving of fluid milk as a beverage.
• A serving of lean meat, poultry or fish;or cheese; or an egg: or cooked dry beans or peas; or n a
or nut butters; or yogurt or an equivalent quantity of any combination of these foods. These
foods must be served in a main dish or in a main dish and one other menu item to meet this
requirement. Cooked dry beans or dry peas may be used as the meat alternate or as pail:of the
vegetable/fruit component, but not as both food components in the same meal.
• A serving of two or more vegetables or fruits: or a combination of both. Full-strength vegetab c
or fruit juice may be counted to meet not more than one-half of this requirement.
• A serving of whole-grain or enriched bread;or an equivalent serving of cornbread,biscuits, rc I1.,
muffins, etc..,made of whole-grain or enriched meal or flour; or a serving of cocked whole-grain
or enriched pasta or noodle products such as macaroni;or cereal grains such as rice,bulgur, of
corn grits;or ar,equivalent quantity of any combination of these foods_
SNACK SHALL BE SERVED BETWEEN OTHER MEAL TYPES AND CONTAIN TWO OF THE
FOLLOWING FOUR COMPONENTS:
• A serving of fluid milk as a beverage or on cereal; or used in part for each purpose.
• A serving of meat or meat alternate.
• A serving of vegetables(s)or fruit(s); or MI-strength vegetable or fruit juice; or an equivalent
quantity of any combination of these foods. Juice may not be served when milk is served as tat
only other component. Vegetables and fruits are considered one meal component at snack.
• A serving of whole-grain or enriched bread; or an equivalent serving of cornbread,biscuits, rills,
muffins, etc.,made with whole-grain or enriched meal or flour; or a serving of whole-grain o
enriched or fortified cereal; or a serving of cooked whole-grain or enriched pasta or noodle
products such as macaroni;or cereal grains such as rice,bulgur or corn grits; or an equivalern
quantity of any combination of these foods.
2. Except as otherwise provided in this section,the minimum amounts of component foods to serve a: mec it
as set forth above are as follows:
AGE I UP TO 3:
• Breakfast- '/:cup of milk; 1/4 cup of juice or fruit or vegetables; 1/2 slice of bread or bread
alternate; or 1/4 cup (volume)or 1/3 ounce(weight),whichever is less,of cereal;or an equivalent
quantity of both bread and cereal.
• Lunch or supper- 'h cup of milk; I ounce(edible portion as served)of lean meat,poultr.' or fi;h
or 1 ounce of cheese; or 1 egg;or 1/4 cup of cooked thy beans or peas;or 2 tablespoons of peen it
butter; or 4 ounces or v2 cup of yogurt; 1/4 cup of vegetables or fruits or both consisting of two or
more kinds; '/: slice of bread or bread alternate;or 1/4 cup of cooked enriched or whole-grain rice.
macaroni,noodles or other pasta products.
• Snack-select two of the following four components-1/2 cup of milk; '/3 ounce of meat or meat
alternate(which includes 2 ounces or 1/4 cup of yogurt); '/2 cup of juice or equivalent
quantity of fruit or vegetables; '/2 slice of bread or bread alternate; or 1/4 cup(volume) or _/3
ounces(weight),whichever is less, of cereal: or 1/4 cup of cooked enriched or whole-grain rice.
macaroni,noodles or other pasta products.
AGE 3 UP TO 6:
• Breakfast- 3/4 cup of milk; 1/2 cup of juice or fruit or vegetable; '/2 slice of bread or breac
alternate; or 1/3 cup(volume)or 1/2 ounce(weight),whichever is less,of cereal; or an equ vale re
quantity of both bread and cereal.
• Lunch or supper-3/4 cup of milk; 1 '/z ounces(edible portion as served)of lear: meat, poultrn cr
fish; or 1 'h ounces of cheese;or I egg;or 3;8 cup of cooked dry beans or peas; or 3 tablespoon
of peanut butter;or 6 ounces or 3/4 cup of yogurt; '/cup of vegetables or fruits or both ccnsi ting
of two or more kinds; '/3 slice of bread or bread alternate;or 1/4 cup of cooked enriched o-wit oie-
grain rice,macaroni, noodles or other pasta products.
• Snack-select two of the following components- '/,cup of milk; 'h ounce of meat or meat
alternate(which includes 2 ounces or 1/4 cup of yogurt); '/ cup of juice; or an equivalent quantity
of fruit or vegetables; '/ slice of bread or bread alternate;or 1/3 cup(volume)or V2 ounce
(weight),whichever is less, of cereal;or 1/4 cup of cooked enriched or whole-grain rice,
macaroni,noodles, or other pasta products.
AGE 6 THROUGH 12:
• Breakfast- I cup of milk, 1/2 cup of juice or fruit or vegetables; 1 slice of bread or bread alternate;
or 3/4 cup(volume) or 1 ounce(weight),whichever is less, of cereal;or equivalent quantity of
both bread and cereal.
• Lunch or supper- 1 cup of milk;2 ounces(edible portion as served) of lean meat, poultry or Jett
or 2 ounces of cheese; or 1 egg; or% cup of cooked dry beans or peas;or 4 tablespoons of peanut
butter; or 8 ounces or 1 cup of yogurt; 3/4 cup of vegetables or fruits or both consisting,of two or
more kinds; 1 slice of bread or bread alternate; or'/ cup of cooked enriched or whole-grain roe,
macaroni, noodles or other pasta products.
• Snack- select two of the following components- 1 cup of milk; 1 ounce of meat or meat alternate
(which includes 4 ounces or'' cup of yogurt); 3/4 cup of juice or an equivalent quantity of fruit or
vegetables; I slice of bread or bread alternate; or 3/4 cup(volume)or 1 ounce(weight:), whichever
is less, of cereal;or ! cup of cooked enriched or whole-grain rice,macaroni,noodles, or other
pasta products.
AGE 12 AND OVER:
• Adult-size portions based on the greater food needs of older boys and girls.
INFANT MEAL PATTERNS:
• 0 through 3 months:-
- Breakfast-Breast milk or 4-6 fluid ounces of iron-fortified infant formula.
Lunch or supper- Breast milk or 4-6 fluid ounces of iron-fortified infant formula.
- Snack-Breast milk or 4-6 fluid ounce;of iron-fortified infant formula.
• 4 through 7 months:
Breakfast-Breast milk or 4-8 fluid ounces of iron-fortified infant formula;0
sl
tablespoons of iron-fortified dry infant cereal (optional).
Lunch or supper-Breast milk or 4-8 fluid ounces of iron-fortified infant formula; 0-3
tablespoons of iron-fortified dry infant cereal(optional); 0-3 tablespoons of fruit or
vegetable of appropriate consistency cr a combination of both(optional).
Snack-Breast milk or 4-6 fluid ounces of iron-fortif ed infant formula.
• 8 months up to the first birthday:
_ Breakfast-Breast milk or 6-8 fluid ot.nces of iron-fortified infant formula;2-4
tablespoons of iron-fortified dry infant cereal; 1-4 tablespoons of fruit or vegetable of
appropriate consistency or a combination of both.
- Lunch or supper-Breast milk or 6-8 fluid ounces of iron-fortified infant formuia. :-4
tablespoons of iron-fortified dry infant cereal and/or 1-4 tablespoons of meat,fish
poultry, egg.yolk or cooked dry beans or peas;or''/z-2 ounces(weight)of cheese: or 1-i
ounces(weight or volume)of cottage cheese or cheese food or cheese spread of
appropriate consistency: and 1-4 tablespoons of fruit or vegetable of app.'opriate.
consistency or a combination of both
- Snack- Breast milk or 2-4 fluid ounces of iron-fortified infant formula or full-strength
fruit juice;0-1/2 slice of crusty enriched or whole-grain bread(optional),or 0-2 crackc--
type products(optional)made from whole-grain or enriched meal or flour that are
suitable for an infant for use as a finger food.
It is recommended that breast milk be served in place of iron frotified infant formula from birth through I
months of age.
3. For the purpose of this section,a cup means a standard measuring cup.
4. To improve the nutrition of participating children additional foods may be served with each meal.
5. If emergency conditions prevent an institution normally having a supply of milk from temporarily
obtaining delivery thereof,the State Agency,may approve the service of breakfasts, lunches, or suppers
without milk during the emergency period.
6. Substitutions may be made in food listed above in this section if individual participating children are
unable,because of medical or other special dietary needs,to consume such foods. Such substitutions sl a'I
be made only when supported.by a statement from a recognized medical authority which includes
recommended alternate foods.
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, authorize•c
to sign said agreement.
The above and foregoing Resolution was, on motion duly made and secorded, adopted
by the following vote on the 20th day of November, A.D., 2000.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
Barbara J. Kirkmeyer, Chair
Weld County Clerk to the Board
M. J. Geile, Pro-Tem
BY:
Deputy Clerk to the Board
George E. Baxter
APPROVED AS TO FORM:
Dale K. Hall
County Attorney
Glenn Vaad
2000-2902
HROC71
MEMORANDUM
114:0
TO: Barbara J. k irkmeyer, Chair, Board of County
Commissioners
C FROM Walter J. Speckman, Executive Director. Human
Services �� ' J
sc
•
COLORADO DATE: November 17, 2000
SUBJECT: Contract between the Colorado Department of Hume n
Services and the Weld County Division of EL mn i7
Services
Enclosed for Board approval is the Contract between the Colorado Department of Human S21-‘ii e
and the Weld County Division of Human Services for the administration and operation of h:.,
Commodity Supplemental Food Program.
This is a continuing Contract which defines the responsibilities and requirements governs
Commodity Supplemental Food Program.
The period of this Contract is October 1. 2000 through September 30, 2001. If you hay e c n
questions. please telephone me at extension 3317.
201,(
1.3. 910 . 301
DF-213 (Rev September'2_L ::())
COLORADO DEPARTMENT-OF HUMAN SERVICES
I i75 Sherman Street, 3.rd Floor
Denver, CO 80203-17()0
FOOD DISTRIBUTION AGREEMENT
COMMODITY SUPPLEMENTAL FOOD PROGRAM
(Serving low Income Women, In'ants, Children and Elderly)
This Agreement is made by and between the Colorado Department of Human Servi.:i,s, 75
Sherman Street, 3rd Floor, Denver, CO 80203-1714 (hereinafter referred to as the "Department") nd
the Weld County Division-of Duman Services
(Hereafter referred to as the "Recipient Agency").
Whereas, the Depar-trnent is a distributing agency under a c:•ntract with the U.S. Deparunt of
Agriculture (hereinafter referred to as "USDA"). The Contract ,A ith USDA is sub ect to al. fe iu ral
laws and regulations. USDA controls the amount and types of commodities available t,: Le
Department.
Whereas, the Department has the responsibility for administering the Food f).:;rih':t on
Programs in Colorado in accordance with its Contract with USDA, and:
Whereas, the Recipient Agency desires to .participate it the Donated Foods Pt ogra 0 in
accordance with the terms 3f this Agreement; and
Whereas, as of the date of execution of the Agreement, Recipient Agency. meet : al
requirements for participation in this program, and
Whereas, as the Recipient Agency will comply with all fiscal and operational rec,rtrer a rats
prescribed ty the Department.
NOW, THEREFORE, IT IS HEREBY AGREED:
!. The Recipient Agency is operating the Commodity Supplemental Food Program I'ich
provides supplemental foods to low income pregnant and postpartum women. inflicts, chi dren
and elderly;and
Complete the followino questions:
•l-he Recipient Age:icy has the following Hypo efs:orage facilities available:
Dry Yes _X No _
Cooler Yes.._ x
_B4 —
13 . 910 . 301
Frozen Yes x No
Recipient Agency shall participate in the Donated Foods Program in accordance v./:d: the e.ms
of,:he.Agreement and applicable legal requirernents.described below.
3 The term "legal requirements" as it is used throughout t tis Agreement includes fcdera' rnd
state statutes, federal and state regulations orogram requirements us identified :n the F ;od
Distribution Unit Recipient Agency User's Handbook, State Plan of Open: ion .rrrd
Administration attached hereto and incorpo-aced herein as Exhibit A and any iniendincnts
thereto, which are appiicabie to the Food Distribution Pro 4rarns, which are n eflcc 'wild this
Agreement is executed. The Recipient Agency agre:2s to full" comply ti'.'t i all f gal
requirements defined above, and to submit ar.y reports requested by the Department or C FDA
in a prompt and complete manner, and to enforce such legal requirements against am :,ub-
distributing agencies which are under contract with the Ret ipient Agency.
4. Recipient Agency shall receive, store and distribute donated foods. In addition, t:r Real rent
Agency agrees to comply with the following terms and conditions:
A. Use of.Donated Foods
Donated food will be used only in connection .vith Recipient Agency's e;tal:li hed
feeding operation for the sole benefit of persons .)erved by the Recipient A ,ent y and
will riot be sold, exchanged, or otherwise disposes; of by the Recipient Agency wanout
express written approval being obtained by the Recipient Agency from the_epar n ent.
B. Storage Facilities
The Recipient Agency and any sub-distributin agencies under contract wi h the
Recipient Agency shall provide adequate facilities for the handling, storage and
distribution of donated foods. These facilities shall be such as to properly sake lard
against damage, theft, spoilage, or other loss as recommended in ':he "Food S•crage
Guide for Schools and Institutions" in the Food Distribution Unit User's Handboc k
The Recipient Agency shall provide facilities and services that:
1. Are sanitary and free from rodent, bird, insect and other animal infestatio;;
2. Safeguard against theft, spoilage and other loss;
3. Maintain foods at proper storage temperatures;
4. Stock and space foods in a manner so tie USDA-donated foods ..re e:tdily
identified;
;. Rotate stock utilizing "First-In/First-Out" inventory practices;
6. Store donated food off the floor and awar. from walls in a manner t allow for
adequate ventilation;
?. Maintain accurate inventory !•ecords of product issuance; and
8. Take other protective measu-es as may be necessary.
—B5—
13 . 910 .301
The Department reserves the rght to inspect the facilities, without ti;. i.e c is
„'prior notilic::lion to ensure t tese tandard.> are nt: .
C. [ _gsponsibility_fq.DamageO.a�ctilage Th tt. or .ether.Loss
()rice the donated 1)c.ds have been delivered t.) the Recipient Agency or its carne: a:ent t tc
Recipier t Agency k responsib+e to the Department for an' losses resulting f-om inn;ropy r
negligent issuance/cistribrrtic)n said food. Further, the Recipient Agency is respons:file tc tie
Department tor any losses r.sulting horn improper or negligent issuanceidistributior of
commodity foods by other agencies with which the Recipient Agency has entered irtcti .t
Agency agreements or contracts for distribution of said food;.
In the event of damage, spoilage, theft or other loss, the Recipient Agency will prompLy n i fv
the Department. In case of spoilage, the Recipient Agency shall furnish a certificate Iron Fate
County or the State Health (Department representative confirming such spoilage.
The Recipient Agency assumes fall responsibility for rei nbursing the !)epartmer ! foi ne
i 1SDA dollar value ofa.ny donated foods improperly used or disposed of or ar.v loss et dar ii
to donated foods due w the failure of the Recipient .Agen.;v or its agents to prcr'iit. pr ner
storage, care or handling. The Recipient Agency may be reciuired by the Department try su .r tit
documentation regarding the loss.
D. Physical Inventory
Recipient Agencies shall take an annual physical inventory of USDA commodities. the I tst
working day of September and submit the inventory to the Department, not i.ater that the .•th
of October, in a Format prescribed by the Dept:rtment. Suc inventory shall be reconciled '�itlt
the Recipient Agency's book inventory records and maintained on.file by the Recipien_ A_L?c:rte y.
In no event, may the inventory level of each donated food in storage exceed a six-moat t st p ply
unless sufficient justification for additional inventory has been submitted and apprrne.i b' he
Department.
E. (:ontplaints
The Recipient Agency shall immediately advise the Department in writing ai any co npl iitts
regarding the donated foods. The Recipient Agency shall provide appropriate ;nt6rmat pan
regarding the product and nat;ire of the complaint so that :in investigation can by p.rr sued by
the Department or USDA. In addition, any complaints re;Larding the commercial di•; rihr;t m
system shall be provided to the Department in writing for appropriate action
F. Utilization, Redistribution NutritionEducation:and Health Services
Available donated roods will be requested on:y in such quantities as will be holly util+zec and
will be receipted for by the authorized representative of the Recipient Agency. Comrnodirtes
will be issued in accordance with FNS food package instruction FNS 835-I. The Depart:lent
—F36 -
13 . 910 . 301
reserves the right to redistribute an USDA donated foods in possession of she l;.ct:pie, t
Agency.
Recipient agency is required to provide nutrition education and intbrmation
available health and assistance programs, including advising participants the importance ;1
health care and where low-income persons can obtains such care.
G. Records
'fne Recipient Agency will accurately maintain records of donated foods received :ui' su l
accountability records as may be prescribed by the Department. Such records shall incluk'e,
not be limited to, accurate and complete records with respect to the receipt, dispo-sal, a •,c
inventory of donated foods and with respect to any funds, which arise from the operat,cr, ()Ctrs
program. The Recipient Agency shall also keep accurate aid complete records showing ft •
certification and eiigiuility determination of those making application for program pa.^.ic
�.0 re•.ords must he retained for a period of three years from the close of the federal 7it•c;tl v. a -
to which they pertain.
H. idits and inspections
The Recipient Ag.ncv shall allow rearesentatives of the Department and/or USDA !.c• insp t
ard inventory Donated Foods in storage, the facilities used in the handling or storage
donated toads, inspect and audit all records, including financial records and reports ptertain.r.7
to the distribution of donated foods, and to review or audit the procedures and methodh isec •,r
carrying out the audit requirements at any reasonable time we ith or without the benefit . f p:is r
notification.
All Recipient Agencies receiving$300,000 or irore in federai financial assistance per tisLal }e-ir
shall have an audit made by an independent auditor, that complies with the audit requirmu nss
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 t3ot K "
Government Auditing Standards, issued by the U.S. General Accounting Office. For :his
purpose, the term independent auditor means a state or local government auditor w x. m•.cis
the independence standards specified in generally accepted government auditing standards. or,
certified public accountant who meets such standards.
1. Financial
l Quarterly Statements of Expenditures
As required in the State Plan of Operation and Administration the Recipient Agency :•h ii
submit to the Department by the 15th of the month following the close of the quart(r. a
Quarterly Statement of Expenditure report reflecting an accurate amount of funds e'.per-ded
ft)r the quarter. The Department will reimburse the Recipient Agency their fair s.trle
percentage of federal funds available based upon each Recipient Agency's actual expe•rdit.t:es
—B7--
1.3. 910 . 301
submitted tbo the previous quarter. Quarterly 5:tatements or Exoendi:ures shall be n.tp
and avai':able for audit and review purpose at the Recipient
?. Distributor Charges
The Recipient Agency shall pay the quoted price per case directly to the conuact•a; chiral
distributor as billed for the number of cases received on each shipment. 1'he Recipient Age:r.cy
shall comply with the distributor's credit polio" and payment terms. In the event .t Recirir nt
Agency falls more than 60 days in arrears in payments to the distributor, the Departr:ent arid
the distributor may jointly agree to suspend issues of donated foods and the distr± •or
take necessary action to pursue collection of the account. The Recipient Agency shim rec•.test
reimbursement fc r payments made-o the distributor on a for-n prescribed by the Depar;me: t
J. Civil Rights and Nondiscrimination
The Recipient Agency at all times during the etecution of this agreement shall strictly adhe.e to
all applicable federal and state laws and inp ementing regulations as they currently exist :.nd
may hereafter be amended. This induces protectie n of the contiulcntiaiit'. of all
appl:cant/recipiert records, papers, documents. tapes and arty other materials that have been or
may hereafter be established which relate to this agr: ement. The Recipient Ag r c.v
acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964, 42 U.S.C.
Sections 2000d-1 et__sec and its implementing regulation. 45 C.F R. Part Si)
and
Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. Section 794, and its implementing regulal;cn, 45 C.F.R. Part 34;an:l
the Acre Discrimination Act of 1975, 4:. U.S.C:. Sec:l:cns
6101 et._sec. and its implementing regulation, 45 C. .R. Part 91-and
Title VII of the Civil R:ghts Act of 1964; and
the Age Discrimination in Employment Act of 1967 and
the Equal Pay Act of 196 , and
the Education Amendments of 1972.
immigration Reform and Control Act cf 1986, P.L. )9-603
The Recipient Agency shall comply with all regulations applicable to these laws prohibit ng
discrimination because of race, color, national origin, age, sex and disability : :ncludini
Acquired Immune Deficiency Syndrome (AIDS) or AIDS related conditions, c.-,,ered in
Section 504 of the Rehabilitation Act of 1973, as amended, cited above This ass.rran '( is
given in consideration of and for the purpose of obtainir:g any and all federal ancror •;t•tte
financial assistance. Any person who feels that she/he has been discriminated again sr ha :he
rght to hl'.° a co'itG 1;1 E., 'i*r'er Nitl; the Colorado '.), partni•-nt of Human S. rvi:e`. ')' .vrrh he
t F.S. Department of Agriculture, Office for Civ I Rights.
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13 . 910 . 301
The Recipient Agency is responsible for any additional Civil Rights reporting recuirenn rns r
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 hoic ha ml••s•
the State, its employees and agents, against ary and all claims, damages, liability an;.l co ii
awards including costs, expenses, and attorney fees incurred as a result of any act or ontissio
by the Recipient Agency, or its employees, agents, subcontractors, or assignees pursuant to IT;
terms of this Agreement.
L. Enforcement
If the Recipient Agency fails to comply with the provisions of this Agreement, it may, at fe
discretion of the Department. be disqualified from further participation in the Program. - f e
Recipient Agency or the Department may seek judicial relief for any provision •)f h:s
Agreement.
M. Effective Date
This Agreement wil. become effective on the date of approval by the Executive Direct-..r of die
Department or authorized designee, and shall remain in effect until
'The Recipient Agency or the Department may terminate this Agreement at any time by giy lug
30 days notice in writing. Upon such termination by eiPter the Recipient Agency or the
Department, the Recipient Agency shall, at its expense, return all unused donated foods .r is
possession to such place within the State of Colorado as may be designated by the Dep:tlin :rt.
N. Assignment
The Recipient Agency agrees not to assign its rights or to delegate its obligations under :l:is
Agreement without prior approval in writing from the Department.
0. Future Effect
This Agreement is binding upon the present and future elected or employed officiais of the
Recipient Agency and the State of Colorado.
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
_Bu _
13 . 910 . 301
The individual signing this Agreement as the "Agency Head' or "Authorized Repre,entati‘
(as attested if a corporation) certifies that his/her signature legally binds the Recipient A_er,
to the terms of this Agreement
TYPE OR PRINT ALL INFORMATION BELOW:
THIS AGREEMENT ENTERED INTO ON:
DATE: November 20, 2000
NAME OF RECIPIENT AGENCY Si ATE OF COLORADO
Weld County Board of Commissioners DEPARTMENT OF HUMAN SERVICES
ADDRESS:
DATE APPROVE
915 10th Street: BY:
PO Box 758 MARVA LIVINGSTON HAMMONS
Greeley , Colorado 80632 EXECUTIVE DIRECTOR
PHONE (970) 356-4000
If applicable, the name(s) and addresses of each certification, distribution and storage site and r CAI h
local agency:
SIGNATURE AND TITLE OF LOCAL AGENCY HEAD
OR AUTHORIZED REPRESENTATIVE
-------- --------
Title: Barbara J. Kirkmeyer, Chair
ATTEST: - —
Deputy Clerk to the Board
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