HomeMy WebLinkAbout881180.tiff RESOLUTION
RE: APPROVE DONATED FOODS AGREEMENT WITH COLORADO STATE
DEPARTMENT OF SOCIAL SERVICES AND AUTHORIZE CHAIRMAN 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 Donated Foods
Agreement between the Weld County Department of Social Services
and the Colorado State Department of Social Services, and
WHEREAS, pursuant to said Agreement, the Weld County
Department of Social Services shall participate in the Donated
Foods Program as an agent of the Colorado State Department of
Social Services in the allocation of available foods to eligible
persons, and
WHEREAS, the terms and conditions are as stated in the
Donated Foods Agreement, a copy of which is attached hereto and
incorporated herein by reference, and
WHEREAS, after study and review, the Board deems it in the
best interest of the citizens of Weld County to approve said
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the Donated Foods
Agreement between the Weld County Department of Social Services
and the Colorado State Department of Social Services be, and
hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is, authorized to sign said Agreement.
F i
881180
Page 2
RE: DONATED FOODS AGREEMENT
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 12th day of
December, A.D. , 1988 .
�.r •
BOARD OF COUNTY COMMISSIONERS
ATTEST: v.re.witikoj WELD1 .UNTY, COLORADO
Weld County lerk and Recorder =/A,PfJ
and Clerk to the Board Gene R. Brantner, Chairman
7,7
/d
'; !r714-nc.-. o/ t
( , , C.W. Kirby, o-Tem
eputy County C_erlc 1Maie--
� wm
APPROVED AS TO FORM: J. quo tine J son
EXCUSED DATE OF SIGNING - AYE
Gordon E. Lacy
I'lssisl ou y AttorneyF41,47-44gi
881180
01-23 (Rev. 4/87)
COLORADO STATE DEPARTMENT
OF SOCIAL SERVICES
1575 Sherman, Third Floor 1589
Denver, CO 80203-1714 Nov 1
�i
DONATED FOODS AGREEMENT
Temporary Emergency Food Assistance Program
This Agreement is made this 28 day of Nov naa2 191:1 by and
between the Colorado State Department of Social Services, 1575 Sherman,
Denver, CO 80203-1714 (hereinafter referred to as the "Department") and
thewsw cn"Nrr tram -ocsitt scavaSof Colorado (hereinafter referred to as the
"Local Agency") .
WHEREAS, the Department is a distributing agency under a Contract with
the U.S. Department o£ Agriculture (hereinafter referred to as
"Agriculture") . The Contract with Agriculture is subject to all federal laws
and regulations. Agriculture controls the amount and types of commodities
available to the Department and under the provisions of law and federal
regulations, Agriculture prescribes the policies and procedures for certifying-
eligible persons, the issuance of available foods to eligible persons and the
policies and procedures for allocation of administrative expense funding to
the Department for payment to Local Agency.
WHEREAS, the Departsent has the responsibility for administering the
Donated Foods Program in Colorado in accordance with its Contract with
Agriculture, and
Have Storage facilities available: Dry Storage?
Yes .k: No _ Freezer? Yea _ No )C Refrigerator? Yea Zt No _; and
WHEREAS, the Local Agency desires to participate in the Donated Foods
Program in accordance with the terms of this Ag t; and
WHEREAS, as of the data of execution of the Agreement, Local Agency
meets all requirements for participation in this progras.
Now therefore, it is hereby agreed:
Local Agency shall participate in the Donated Foods Prograa as an agent
of the Department, in accordance with the . terns of this Agreement and
applicable legal requi ta.
The term "legal requirements" as it is used throughout this Contract
includes federal and state statutes, regulations, instructions, and yield
requirements and any amendments thereto, which are applicable to the Donated
Foods Prograa, which are in effect when this Contract is executed. The Local
Agency agrees to fully comply with all legal requirements defined above, and
to submit any reports requested by the Department of Agriculture in • prompt
and complete manner, and to enforce such legal requirements against any
sub-distributing agency which is under Contract with the Local Agency.
Local Agency shall as a condition of receiving temporary emergency foods
for distribution to authorized recipients and administrative expense funding
to cover a portion o£ the administrative coats determined necessary to support
program operations agree to comply with the following terms and conditions:
1.) Federal Regulations
Comply with the requirements of Part 251, Publlic Law 98-8, as
amended of the Code of Federal Regulations as they are set forth in
the Department's State Plan of Operation & Administration.
2.) State Plan of Operation & Adminiatracion
Comply with the State of Plan of Operation & Administration for the
Temporary Emergency Food Assistance Program attached hereto and
incorporated herein as Exhibit A, which has been approved by.
Agriculture. The State Plan of Operation & Administration shall
describe the regulation and procedure by which the Local Agency
shall provide donated foods to low income households.
Page 1
Ball 8C
GENERAL PROVISIONS
•
1.) Use of Donated Foods
That such food will be used only in connection with Local Agency's
established feeding operation for the sole benefit of persons served by the
Local Agency and will not be sold, exchanged. or otherwise disposed of by the
Local Agency without express written approval being obtained by the Local
Agency from the Department. Persons certified for and receiving Temporary
Emergency Foods shall not be required to sake any payment in coney, materials,
or services as a condition of being certified for and receiving these foods.
nor will they be solicited voluntary cash contributions.
2.) Facilities
Adequate facilities will be provided by the Local Agency for the
handling, storing, and distribution of donated foods. These facilities shall
be such as to properly safeguard against theft, spoilage, and other loss.
3.) Resoonsibility for Dumas. Snoilaae. Theft. or Other Loss
Once the donated foods have been delivered to the Local Agency by its
carrier agent, the Local Agency is responsible to the Department for said
food. In the event of damage, spoilage, theft, or loss, the Local Agency will
promptly notify the Department.
In case of spoilage, the Local Agency will furnish • certificate from
the County or State Health Unit confirming such spoilage.
Any complaints received in connection with the use of donated foods will
be reported to the Department.
The Local Agency assumes full responsibility for carrying out the terms
and conditions of the Agreement and will reimburse the Department for any
donated foods improperly used or disposed of, or any loss or damage to donated
foods through its failure to provide proper storage, care, or handling. If
donated foods charged to the account of the Local Agency is lost while in the
hands of a warehouseman, carrier, or other person, the Local Agency will
promptly notify the Department of the loss and provide copies of appropriate
freight bills, warehouse receipts, etc., necessary for processing of a claim
against the warehouseman, carrier, processor, or other person.
4.) Inaoection
Representatives of the Department and Agriculture may make inspection of
donated foods in storage and facilities used in handling and storing, and say
inspect and audit all records, including financial records and reports
pertaining to all activities of this progras at any reasonable time.
5.) $ss9tt
The Local Agency shall accurately maintain records of donated foods
received and distributed as may be prescribed by the Department and complete
records of administrative funds received and expended for the operation and
administration of the program as described in Exhibit A. Accurate and
complete records related to the certification of eligibility for participation
in the program. All records shall be retained for • period of three years
from the close of the federal fiscal year to which they pertain.
6.) givil Rights
The Local Agency shall comply with the requirements of Title VI of the
Civil Rights Act of 1964 (PL88-332), Title IX of the Education Amendments of
1972, Section 504 of the Rehabilitation Act of 1973 (PL-112) , Age
Discrimination Act of 1975 (PL94-135) and all requirements imposed by the
regulation of the Department of Agriculture in CFR, Pert 151, Department of
Justice (28 CFR parts 42 and 50) and FNS directives or regulations issued
pursuant to that Act and the regulations. The Local Agency must display the
standard ..And Justice for All" poster for the visibility of program
participants. .
881180
Page 2
, orb y. . - _
4
7.) Indemnification
The Local Agency, in consideration for state's promises herein set
forth, promises to indemnify, save and hold harmless and defend state, and all
o£ its employees and agents, acting officially or otherwise, from any and all
liability, claims, demands, actions, debts, and attorney fees arising out of,
claimed on account of, or in any manner predicated upon loss or damage to the
property of and injuries to, or death of all persons whatsoever, which may
occur, or is sustained in connection with the performance of this Contract, or
by conditions created thereby, or based upon any violation of any statute,
ordinance, or regulation, and the defense of any such claims or action.
8.) Departmental Aooroval
This Contract shall not be deemed valid until it shall have been
approved by the Executive Director of the Department.
9.) assignment
The Local Agency agrees not to assign its rights to delegate its
obligations under this Contract without prior approval in writing from the
Department.
10.) future Effect
This Contract is binding upon the present and future elected or employed
officials of the Local Agency and the State o£ Colorado.
11.) Authorized Representative
It shall be the duty of Local Agency to promptly notify, in writing, the
Department of any change in its authorized representative.
12.) ggfective Date
This Agreement is to become effective on the date of approval by the
Executive Director o£ the Department as below, and shall remain in effect
until terminated by tither agency. Either the Local Agency or Department may
rescind this Agreement at any time by thirty days notice in writing. Upon
such termination by either the Local Agency or the Department, the Local
Agency shall, at its expense, return all unused donated foods to such place
within the State of Colorado as may be designated by the Department.
13.) ,9ianature
The individual signing this Agreement as the "Agency Head" or
"Authorized Representative" certifies that his/her signature legally binds the
Recipient Agency to the terms o£ this Agreement.
•
1.4..)60-1) co u a-rr STATE OF COLORADO
BOARD OF COUNTY CONNISSIONERS
��,/f --.1:1-7 /2��i�r,-rte Department of Social Services
Sig a and TitlIof Agency Head or
thorized Representative Date Approved
try C .s s
Date Irene N. Ibarra
for Executive Director
Se- - ti gr444-" . v .
Chcirmon, Board of County Commissioners
ATT=TT. 1� L . • .
WELD .� tOti,ER
AND i. ZK 13 THE y ',RD
`&1''
-----M5 . 1
Page 3 881180
, tom mEmoRAnDum
WEIII#
To Tom David Date November 29, 1988
Weld County Attorney
COLORADO F,omGene McKenna, Director, Social Services
Temporary Emergency Food Assistance Program (Donated Foods
Subject
Agreement)
Tom,
Attached please find a renewal agreement for County Commissioner Board
consideration. It is similar to previous years and enables the County to
distribute donated foods four times a year. Please advise if you have any
questions; otherwise, request that you present to the Commissioner Board for
their review and approval. Thank you.
GM:jac
cc: Tony Groeger
Enclosure
Hello