HomeMy WebLinkAbout890607.tiff mEmORAf1DUm
C. W. Kirby, Chairman
To
Board of County Commissioners
Date July 17 , 1.989
__
COLORADO From Walter J. Speckman , Executive Director, Human Resources
Subject. Donated Foods Agreement for the Nutrition Program for the Elderly
Enclosed for Board approval is the Donated Foods Agreement for the Weld
County Division of Human Resources ' Nutrition Program for the Elderly.
This agreement is the contractual agreement between the Colorado State
Department of Social Services and the Weld County Division of Human
Resources. It outlines the obligations of operating the Nutrition
Program for the Elderly.
This agreement covers the fiscal year 1990, which is the period of
July 1 , ''.989 through September 30, 1990.
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11O AA. t)
ARTMENT OF HUMAN RESOURCES
DE-28 (Rev. 4/88) :LT SPECKMAN
001/353-054Ci
COLORADO STATE DEPARTMENT
OF SOCIAL SERVICES - --
1575 SHERMAN STREET, 3RD FLOOR
Denver, Colorado 80203-1714
ponatsd Foods Aareement
Title III C - Nutrition Program For the Elderly
This Agreement is made this day of 19 by and
between the Colorado State Department of Social Services, 1575 Sherman Street,
3rd Floor, Denver, Colorado 80203-1714 (hereinafter referred to as the
"Department"), and the County of Weld of Colorado (hereinafter
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 "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.
Whereas, the Department has the responsibility for administering the
Donated Foods Program in Colorado in accordance with its Contract with
Agriculture, and
Whereas, the Recipient Agency is (check type of agency and fill in
applicable blanks):
( ) A Title III C Nutrition Program for the Elderly, serving 2000 needy
persona who are unable to pay the full charge for the service provided for
them.
Have cooking facilities available? Yes X No Storage facilities Yes
Dry Storage? Yes X No _ Freezer? Yea 17— No Refrigerator? Yes X
No _ ; 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 this Agreement, Recipient Agency
meets all requirements for participation in this program.
NOW, THEREFORE, it is hereby agreed:
Recipient Agency shall participate in the Donated Foods Program as an
agent of the Department, in accordance with the terms of this Agreement and
applicable legal requirements.
The term "legal requirements" as it is used throughout this Contract
includes federal and state statutes, regulations, instruction and yield
requirements and any amendments thereto, which+are applicable to the Donated
Foods Program, which are in effect when this Contract 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 Agriculture in
a prompt and complete manner, and to enforce such legal requirements against
any processors or sub-distributing agencies which are under Contract with the
Recipient Agency.
Recipient Agency shall receive, store, and distribute foods, and pay for
the shipping thereof, if applicable. In addition, Recipient Agency agrees to
comply with the following terms and conditions:
1. Use of Donated Food.
That such food will be used only in connection with Recipient Agency's
established feeding operation for the sole benefit of persona served by the
Recipient Agency and will not be sold, exchanged, or otherwise disposed of by
the Recipient Agency or any processor without express written approval being
obtained by the Recipient Agency from the Department.
890607
Page 1
DF-2B (Rev. 4/88)
2. Civil Rights and Nondiscrimination
The Program applicant hereby agrees that it will comply with Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq. ) , Title IX of tte
Education Amendments of 1972, (20 U.S.C.) 1981 et.seq.) , Section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), the Age Discrimination Act of 1975
(42 U.S.C. 6101 et seq.); all provisions required by the implementing
regulations of the Department of Agriculture; Department of Justice
Enforcement Guidelines, 28 CFR 50.3 and 42) and FNS directives and guidelines,
to the effect that, no person shall, on the grounds of race, color, national
origin, sex, age, or handicap, be excluded from participation in, be denied
the benefits of, or be otherwise subject to discrimination under any program
or activity for which the program applicant receives federal financial
assistance from FNS; and hereby gives assurance that it will immediately take
any measures necessary to effectuate this Agreement.
By accepting this assurance, the program applicant agrees to compile
data, maintain records end 'submit reports, as required, to permit effective
enforcement of the nondiscrimination laws and permit authorized USDA
personnel, during normal working hours, to review such records, books, and
accounts as needed to ascertain compliance with the nondiscrimination laws.
If there are any violations of this assurance, the Department of Agriculture,
Food & Nutrition Service, shall have the right to seek judicial enforcement of
this assurance. This assurance is binding on the program applicant and its
successors, transferees and assignees, as long as they receive assistance from
the Department. The person or+ persons whose signatures appear below are
authorized to sign this assurance on behalf of the program applicant.
3. Processing Contract
The Recipient Agency shall not employ a commercial concern to process
donated foods by converting them into different end-products, or by
repackaging them, without written approval from the Department. If such
approval is given, the Recipient Agency agrees to take such action as may be
directed by the Department to enforce the terms of such Processing Agreement
and the compliance of the processor with all legal requirements.
4. food Service or Management Companies
The Recipient Agency represents that its feeding operations are not now
conducted by a food service or management company and will not be so conducted
without the prior written approval of the Department. Donated Foods will not
be accepted by the Recipient Agency before such approval is obtained.
5. fecilitiet
Adequate facilities will be provided by the Recipient Agency and any
processors under Contract with the Recipient Agency for the handling, storing,
and use of donated foods. These facilities shall be such as to properly
safeguard against damage, theft, spoilage, and other loss. The Department
reserves the right to inspect the facilities, without the benefit of prior
notification, to ensure these standards are met.
6. Records
The Recipient Agency and any processors under Contract with it 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
funds which arias from the operation of the distribution program. The
Recipient Agency shall also keep accurate and complete records showing the
date and method used to determine the number of eligible persons served by
that agency. All records will be retained for a period of three years from
the close of the fiscal year to which they pertain.
7. Reusable Containers 0
The fair market value of retained reuseable containers or the proceeds
from the sale of (a) reusable containers or (b) any by-product obtained from
processing donated foods shall be submitted to the Department. Such retention
or sales shall be made only with prior written approval of the Department.
9®6]7
Page 2
DF-2B (Rev. 4/88)
8. Responsibility for Damage. Spoilage. Theft or Other Loss
Once the donated foods have been delivered to the Recipient Agency, its
carrier agent, or its processor, the Recipient Agency is responsible to the
Department ' for said food. 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 will furnish a 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 Recipient Agency assumes full responsibility for carrying out the
terms and conditions of this Agreement and any approved Processing Contracts,
and will reimburse the Department for any donated foods improperly used or
disposed of or any loss or damage to donated foods due to the failure of the
Recipient Agency to provide proper storage, care or handling. If donated food
charged to the account of the Recipient Agency is lost while in the hands of a
warehouseman, carrier, processor or other person, the Recipient 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. These copies
must be fully documented identifying the circumstances of the loss, i.e.
short, damaged, etc. The Recipient Agency is responsible for recovering any
donated foods or reusable containers or end-products from the processors at
the end of the term of a processor Contract or upon the termination of a
Processor Contract.
9. Enforcement
If the Recipient Agency fails to comply with the provisions of this
Agreement or any legal requirements it may, at the discretion of the
Department, be disqualified from further participation in the Donated Foods
Program and/or the Department, at its discretion, may seek judicial relief,
including the specific performance of any provision of this Contract.
10. gamndj,tures for Food
Expenditures for food will not be reduced because of the receipt of such
donated foods, except that this condition does not apply to Section 6 foods
distributed to schools participating in the National School Lunch Program.
11. MtilAzation and Redistribution
Available donated foods will be requested only in such quantities ea
will be fully utilized, and will be receipted for by the authorized
representative of the Recipient Agency. The Department reserves the right to
redistribute any USDA donated foods in possession of the Recipient Agency.
The Recipient Agency has the right to refuge delivery of twenty percent of the
total value of donated foods offered for use in nonprofit lunch programs in
any school year and to receive other . commodities, if available, in lieu of
those refused.
12. 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 costa, expenses, and
attorney fees incurred ea a result of any act or omission by the Recipient
Agency, or its employees, agents, subcontractors, or assignees pursuant to the
terms of this Contract.
13. Denartpental Approval
This Contract shall not be deemed valid until it shall have been
approved by the Executive Director of the Department.
Page 3 890607
DF-2B (Rev. 4/88)
14. Assimmant
The Recipient Agency agrees not to assign its rights to delegate its
obligations under this Contract without prior approval in writing from the
Department.
15. Future Effect,
This Contract is binding upon the present and future elected or employed
officials of the Recipient Agency and the State of Colorado.
16. Authorized Representative
It shall be the duty of Recipient Agency to promptly notify, in writing,
the Department of any change in its authorized representative.
17. $£fect4ve Date
This Agreement is to become effective on the date of approval by the
Executive Director of the Department as below, and shall remain in effect
until terminated by either agency. Either the Recipient Agency or the
Department may rescind this Agreement at any time by thirty 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 and reusable containers in its p ion or in the possession
of its processors to such place within the State of Colorado as may be
designated by the Department.
18. Adsini trationiDistribution Charms
The Recipient Agency shall pay the Department a fixed coat per container
computed annually for USDA commodities shipped each month from the distributor
to the Recipient Agency. Thi■ cost per container shall be subject to revision
based upon fluctuation in the number of cases to be shipped, coat of
operation, federal or state funds and number of participating Recipient
Agencies. The charge shall be adjusted by the Department no more than
monthly. Each Recipient Agency shall be billed on a monthly basis for the
number of containers of donated food received by the Recipient Agency each
month. Failure of a Recipient Agency to pay the charge within ninety days of
the billing date shall result in suspension of future shipments of foods until
the charge is paid.
In addition, the Recipient Agency shall pay the quoted price per case
directly to the state contracted regional distributor as billed for the number
of cases received on each shipment. The Recipient Agency shall comply with
the terms for payment of the distributor.
19. Signature
The individual signing this Agreement as the "Agency Head" or
"Authorized Representative" (aa attested if a corporation) certifies that
his/her signature legally binds the Recipient Agency to the terms of this
Agreement. Pleaae complete attached, next signature page.
Page 4 89G TI
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DF-2fi (Rev. 4/68) -
T
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x
Date
x Weld County Division of Human Resources
STATE OF COLORADO
Nacre o£ Recipient Agency
Department of. Social Services
X L¢> .c�
�t / Date 77 C./( / Approved
Signature and Tlt%i of Agency Head or.
Authors ed Re resentativote
C.W. Kirby, Chairman
We un ty oaPy�// o'fC,jorjintyICommissioner / //4!„,40r1,4_%-</7 //////f� •
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(At at, if a co ration)
Irene A. Ibarra ��
L. , CF ExecuLlvs Director ss
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.If signed by an authorized representative, . ' :
1i
a fora DF-30 Certificate of Authority for Sponsor
Representative lust be attached.
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8906°7
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