HomeMy WebLinkAbout880083.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.
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C <.�C;'/ ez,- 880083
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 8th day of
February, A.D. , 1988 .
BOARD OF COUNTY COMMISSIONERS
ATTEST: T� WEL COUNTY, COLORADO
Weld County lerk and Recorder �/ V/ / /t
and Clerk to the Board Gene R. Brantner,
C__ �
1 t,t
-BY-q,--) tee/ C. Kirby, Pr-.-Tem
eputy County lerk
APPROVED AS TO FORM: J•cque`ide s•
,-
L__ //e Go�; ac
D1 � /
ty Atto ey p�� 1'
FrankYamaguchi
880083
401--'tW-2B (Rev. 4/87) _ - (1/4,/5 /.
Z
COLORADO STATE DEPARTMENT
OF SOCIAL SERVICES
1575 Sherman, Third Floor
Denver, CO 80203-1714
DONATED FOODS AGREEMENT a JP,N 2E
Temporary Emergency Food Assistance Program
This Agreement is made this day of 19_ by and
between the Colorado State Department of Social Services, 1575 Sherman,
Denver, CO 80203-1714 (hereinafter referred to as the "Department") and -
the Weld Social Services of Colorado (hereinafter referred to as the
"Local 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 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 Department has the responsibility for administering the
Donated Foods Program in Colorado in accordance with its Contract with
Agriculture, and the Weld County Department of Social Services .
Have Storage facilities available: *SPP helnw Dry Storage?
Yes X No _ Freezer? Yes X No _ Refrigerator? Yes X No ; and
i WHEREAS, the Local Agency desires to participate in the Donated Foods
Program in accordance with the terms of this Agreement; and
WHEREAS, as of the date of execution of the Agreement, Local Agency
meets all requirements for participation in this program.
Now therefore, it is hereby agreed:
Local 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, instructions, 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 Local
Agency agrees to fully comply with all legal requirements defined above, and
to submit any reports requested by the Department of Agriculture in a 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 o£ receiving temporary emergency foods
for distribution to authorized recipients and administrative expense funding
to cover a portion of 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 o£ Part 251, Publlic Law 96-8, 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 & Administration
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.
*Storage facilities - all space is leased.
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880083
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•
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. Persona certified for and receiving Temporary
Emergency Foods shall not be required to make any payment in money, materials,
or services as a condition of being certified for and receiving theme 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. The acilities shall
be such as to properly safeguard against theft, spoilage, and other loss.
3.) Responsibility for Damage. Sooilece. 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
proaptly notify the Department.
In case of spoilage, the Local 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 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 o£ 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.) Inspection.
Representatives of the Department and Agriculture may sake inspection of
donated foods in storage and facilities used in handling and storing, and may
inspect and audit all records, including financial records and reports
pertaining to all activities of this progras at any reasonable time.
5.) Rama
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 expanded for the operation and
administration of the progras 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 a period of three years
iron the close of the federal fiscal year to which they pertain.
6.) Civil Rights
The Local Agency shall comply with the requirements of Title VI of the
Civil Rights Act of 1964 (PL88-352), 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, Part 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 progras
participants.
• Page 2 88€ 083
!%a - .
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
of 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 persona 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 o£ any statute,
ordinance, or regulation, and the defense o£ any such claims or action.
8.) peoertmsntal Approval
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 of 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.) Effective Date
This Agreement is to become effective on the date of approval by the
Executive Director of the Department es below, and shell remain in effect
i until terminated by either 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 es may be designated by the Department.
13.) ,ianature
The individual signing this Agreement ea the "Agency Head" or
• "Authorized Representative" certifies that his/her signature legally binds the
Recipient Agency to the terms of this Agreement.
i {teit . 2/8/88 STATE OF COLORADO
HOARD OF COUN COMMISSIONERS
Gene. R. Branntner,/ Ch i rman
>/�l�e "16! l/!.'-��eil Department of Social Services
Siggpture and Tit • of Agency Heed or
(/a ttbb tINNIXRllPlEiiIAMItitItii Date Approved
Euge McK nna, Director, WCDSS
7/n/ r
Date Irene M. Ibarra
, ::77,II�-- •• for Executive Director
' ATTEST: 1712(7' at4,M ,,-',�^ ,). -
Weld County Clerk and Recorder
and Clerk to the Boar
eputy County Clerk
Page 3
880083
COLORADO TEFAP PLAN - October i. 1987
1. ELIGIBILITY CRITERIA
Each household must meet one of the following household income
eligibility criteria to be potentially eligible to receive an allocation
of commodity foods at any scheduled distribution. Actual receipt of
commodity foods shell depend on the availability of sufficient
quantities of USDA commodities.
A. Participation in federal or state progress which have an
.established income eligibility criteria as follows:
1. Aid to Families with Dependent Children (AFDC) .
2. Low-Income Energy Assistance Program (LEAP) .
3. Old Age Pension (OAP) , Aid to the Needy Disabled (AND)
and Aid to the Blind (AB) .
4. Supplemental Security Income (SSI) .
5. Medicaid Eligible Foster Children.
6. Food Stamp Program.
B. Households containing foster children as defined in Staff
Manual. Volume VII (7.708.1) . shall have their household
size based only on the number of Medicaid eligible foster
children in the household. For example. a household
containing three Medicaid eligible foster children will be
classified as a household of three persons.
C. Household gross monthly income declared by the household
at or prior to the scheduled distribution which shall not
exceed the following:
Household Size Gross Monthly Income
1 s 848
2 1.141
3 1,434
4 1.727
5 2.020
6 2.313
7 2.605
8 2.898
For each additional household member add 8293.00.
If the distribution worker believes there is reason to question the self
declaration of the household's participation in one of the programs set
forth in paragraph "A" or income guidelines set forth in paragraph "C"
above, the worker may require the household to provide proof of program
participation or monthly income through pay stubs or written information
from a knowledgeable, collateral contact. Gross monthly income is to be
used for the particular month of distribution only.
aS0083
COLORADO TEFAP PLAN - October 1. 1987
PAGE 2
2. DETERMINATION OF ELIGIBILITY PROCEDURE
The county agency shall establish procedures to assure that each
household desiring to participate in the Special Distribution Program
meets the eligioility criteria and that this determination is recor_ed
in a manner which will allow the accumulation ox eiicib_lity anc
issuance statistics. (DF-SDP-2. attached)
Any county may submit a plan for accomplishing the determination cis
eligibility for their county. This plan anall, at a minimum. contain
provisions for determining categorical eligibility and income
eligibility and a procedure for recording this determination in a manner
which will allow accumulation of data :for completion of necessary
participating reports prescribed by the state (DF-SDP-3. attached) .
3. VERIFICATION OF IDENTITY OF HOUSEHOLD AND COMPLETION OF ISSUANCE RECORD
Prior to the completion of the eligibility determination, the county
agency shell verify the identity of the household member by viewing a
driver's license or other documentation which the agency representative
determines acceptable. The agency representative shall then complete a
form approved by the state agency, which shall include the name of the
household, number of persons in the household, the date of issuance, the
number of packages of each commodity and have the nousehold
representative sign the certification and receipt. (DF-SDP-1, attached) .
•
4. DISTRIBUTION RATE GUIDE
The following is the maximum distribution rate indicating the number of
units which may be distributed to the household based on the number of
people in the household. This rate is the maximum allowable for a
distribution, regardless of whether the distribution is monthly,
bi-monthly, quarterly, or semi-annually. Counties may use lesser guide
rates depending on frequency of issuance and/or availability of product.
*Item & Unit Size 1-4 Members 5 or More Members
Proc. cheese 5* loaf ' 1 2
Butter 1M print 2 4
NFD milk 4N box 1 1
Cornmeal 50 bag 1 2
Honey 3* can 1 1
Flour 5M bag 1 1
Rice 2# bag
1 3
• The above listing indicates the type of products and pack size. On
occasion, the type of product or pack size may vary depending on market
purchases made by USDA. Should this occur, the state agency will
notify the county agencies of the change and the distribution guide
rate for the product.
880083
COLORADO TEFAP PLAN - October 1. 1987
PAGE 3
5. REPORTING REQUIREMENTS
County agencies shall report to the state agency monthly, listing the
number of households and individuals participating ana an itemizea
accountability inventory record indicating the quantities of tocas at
the beginning of the month, balance on hand at tne ena of the montn.
quantities received and distributed during the month and any overages or
shortages. (DF-SDP-3. attached)
Failure of county agencies to provide monthly reports to the state
agency in a timely manner, may result in suspension of program
participation until required reports are received. Monthly reports
should be submitted to the state agency by the tenth of each month.
Monthly reports are required, even if the county only distributes
quarterly.
6. RIGHT TO APPEAL
The requirement for safeguarding confidential information ana for
providing adequate notice and opportunity for hearings and appeals snail
be the same as for the Food Stamp Program.
7. CIVIL RIGHTS
Participation in the Special Distribution Program is available to all
eligible persons regardless of race, color, national origin, sex, age,
or handicap. This statement shall be printed on all public
certification forms.
8. RECORD RETENTION
County agencies shall maintain records to document the receipt. disposal
and inventory of USDA commodities for a period of three years after tne
close of the fiscal year to which they pertain. County agencies shall
also maintain records for the amount of administrative funds received
and expended and the actual coats incurred tor the storage.
transportation and distribution of USDA commodities. These records
shall also be maintained for a period of three years atter the close of
the fiscal year to which they pertain.
9. ALLOCATION OF ADMINISTRATIVE FUNDS TO COUNTIES
The state agency will make available to the counties at least twenty
percent of the administrative funds allocated by the federal government
for this program. The state agency shall determine a per case
allocation o£ administrative funds by dividing the federal funds
available for this purpose by a projection of the number of cases of
food estimated to be available for the federal fiscal year. These funds
s80083
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COLORADO TEFAP PLAN - October 1. 1987
PAGE 4
may be claimed based upon submittal of proof of prepaid expenditures tor
costs of storage, transportation and distribution.
10. ALLOCATION OF COMMODITIES TO COUNTIES
Allocation shall be based upon the latest months available rood Stamp
Participation Report. The state agency shall determine eacn county's
participation in the Food Stamp Program as a percentage of all counties
participating in the Special Distribution Program. This percentage
shall then be applied against the total available quantity of each type
of commodity food available to provide the participating counties with
their fair share.
Information shall be submitted to the county agencies indicating the
total number of cases of each food item allocated end the month(s) in
which the commodity foods are expected to be available.
Any county agency not having an approved agreement may not receive food
until after the beginning of the quarter following the quarter in which
an agreement is approved.
11. MONITORING PLAN
Colorado currently has contracts with sixty-two out of sixty-three
counties in the state to participate in the program. Each county age
ncy
will be reviewed by the state. agency yearly. Findings ncy
recommendations will be provided to each agency. Agencies will oe
required to respond within thirty days describing the corrective actions
they have taken. Follow up reviews. will be made if necessary.
Each county agency will be provided a copy of this plan along with the
form for site monitoring (attachedY. Every county agency will review
it's distribution sites once each year. This review will take place
when distribution or eligibility determination activities are
occurring. Results of these reviews along with a description ox any
corrective actions taken, must be sent to the state agency within thirty
days. On-site reviews must insure compliance with all TEFAP regulations
as stated above in addition� to the following storage procedures:
Storage procedures shall be as described in the attached Food Storage
Guide. These procedures must be followed to insure protection of
commodities at all times by all distribution sites.
County agencies are responsible for the USDA value of commodities
received. If a loss of product should occur, county agencies are to
follow the attached, "Actions to be Taken." procedures. A claim
determination will be made by the state agency as to fault or neglect on
the part of the county agency. Based on this determination, collection
of the claim may be pursued from the county agency.
880083
t
flog MEMORAIMUM
To Tom David Date January 29, 1988
County Attorney
COLORADO From Gene McRenna, Director, Social Services
subject, Extension of Donated Foods Agreement for Weld County
ENCLOSURES: Donated Foods Agreement
Colorado TEFAP Plan, Dated October 1, 1987
Tom,
Request your review and submittal to our County Board of the attached
Donated Foods Agreement. It is substantially the same as approved before.
This agreement is for the quarterly distribution of surplus commodities
through this Department. Thanks for you help. If you have any questions
please give me a call.
GM:jac
cc: Steve Pichel
88 083
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