HomeMy WebLinkAbout921088.tiff RESOLUTION
RE: APPROVE DONATED FOODS AGREEMENT WITH COLORADO 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 Colorado Department of Social Services and the Weld County Department
of Social Services, with the 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, ex-officio Board of Social Services, that the Donated Foods
Agreement between the Colorado Department of Social Services and the Weld County
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.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 16th day of November, A.D. , 1992.
f , FP BOARD OF COUNTY COMMISSIONERS
ATTEST: +as Ffr" � WELD COU TY, COLORADO
Weld County Clerk to the Board
n Geerage Kenn dy, Chairman
BY: ) Jul
Deputy ClecI to the Board Constance L. Harbert, Pro-Tem
APPROVED AS TO ORM:
C. W. Kir
County Attorney Gor ac
W. H. Webster
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COLORADO DEPARTMENT OF SOCIAL SERVICES
1575 Sherman Street, 3rd Floor
Denver, CO 80203-1714
Donated Foods Agreement
The Emergency Food Assistance Program
This agreement is made this (Enter today's date) day of 19
by and between the Colorado Department of Social Services, 1575 Sherman Street,
3rd Floor, Denver, CO 80203-1714 (hereinafter referred to as the "Department") ,
and the (Enter your agency's name) Vu(-4-0 c;,_., r fYpr. c,= ,�,';.. SEaV,L,;
(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 "USDA") . The contract
with USDA is subject to all federal laws and regulations. USDA controls the
amount and types of commodities available to the Department.
Whereas, the Department has the responsibility for administering the Donated
Foods Program in accordance with the terms of the Agreement; and
Whereas, as of the date of execution of the Agreement, Recipient Agency
meets all requirements for participation in this program.
NOW, THEREFORE, it is hereby agreed:
1. The Recipient Agency is operating The Emergency Food Assistance Program
which provides emergency foods for distribution to authorized low income
households; and
Complete the following questions:
The Recipient Agency has the following types of storage facilities
available:
Dry Yes L_No_
Cooler Yes_4_No
Frozen Yesi_No_
2. Recipient Agency shall participate in the Donated Foods Program in
accordance with the terms of the Agreement and applicable legal
requirements described below.
3. The term "legal requirements" as it is used throughout this Agreement
includes federal and state statutes, federal and state regulations,
program requirements as identified in the Donated Foods Unit Recipient
Agency User's Handbook, Colorado TEFAP Plan attached hereto and
incorporated herein as Exhibit A and any amendments thereto, which are
applicable to the Donated Foods Program, which are in effect when this
Agreement is executed. The Recipient Agency agrees to fully comply with
all legal requirements defined above, and to submit any reports requested
by the Department or USDA in a prompt and complete manner, and to enforce
such legal requirements against any sub-distributing agencies which are
under contract with Recipient Agency.
4. Recipient Agency shall receive, store and distributed donated foods. In
addition, the Recipient Agency agrees to comply with following terms and
conditions:
1
312.03
A. Use of Donated Foods
Donated foods will be used only in connection with Recipient
Agency's established feeding operation for the sole benefit of
persons served by the Recipient Agency and will not be sold,
exchanged, or otherwise disposed of by the Recipient Agency without
express written approval being obtained by the Recipient Agency from
the Department.
R. Storage Facilities
The Recipient Agency and any sub-distributing agencies under
contract with the Recipient Agency shall provide adequate facilities
for the handling, storage and distribution of donated foods. These
facilities shall be such as to properly safeguard against damage,
theft, spoilage, or other loss as recommended in the "Food Storage
Guide for Schools and Institutions" in the Donated Foods Unit User's
Handbook. The Recipient Agency shall provide facilities and
services that:
1. Are sanitary and free from rodent, bird, insect and other
animal infestation;
2. Safeguard against theft, spoilage and other loss;
3. Maintain foods at proper storage temperatures;
4. Stock and space foods in a manner so the USDA donated foods
are readily identified;
5. Rotate stock utilizing "First-In/First-Out" inventory
practices;
6. Store donated food off the floor and away from walls in a
manner to allow for adequate ventilation;
7. Maintain accurate inventory records of product issuance; and
8. Take other protective measures as may be necessary.
The Department reserves the right to inspect the facilities, without
the benefit of prior notification, to ensure these standards are
met.
C. Responsibility for Damage, Spoilage, Theft or Other Loss
Once the donated foods have been delivered to the Recipient Agency
or its carrier agency, 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 shall furnish
a certificate from the County or the State Health Department
representative confirming such spoilage.
The Recipient Agency assumes full responsibility for reimbursing the
Department for the USDA dollar value of any donated foods improperly
used or disposed of or any loss or damage to donated foods due to
the failure of the Recipient Agency or its agents to provide proper
storage, care or handling. The Recipient Agency may be required by
the Department to submit documentation regarding the loss.
D. Physical Inventory
Recipient Agencies shall take a monthly physical inventory of USDA
commodities the last working day of each month and submit the
inventory to the Department, not later than the 10th of each month,
in a format prescribed by the Department. Such inventory shall be
reconciled with the Recipient Agency's book inventory records and
maintained on file by the Recipient Agency.
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In no event, may the inventory level of each donated food in storage
exceed a six month supply unless sufficient justification for
additional inventory has been submitted and approved by the
Department.
E. Complaints
The Recipient Agency shall immediately advise the Department in
writing of any complaints regarding the donated foods. The
Recipient Agency shall provide appropriate information regarding the
product and nature of the complaint so that an investigation can be
pursued by the Department or USDA. In addition, any complaints
regarding the commercial distribution system shall be provided to
the Department in writing for appropriate action.
F. Buy American
When purchasing food products with federal funds, Recipient Agencies
shall, whenever possible, purchase only food products that are
produced in the United States.
The purchase requirement does not apply in instances when the
Recipient Agency determines: (1) Recipients have unusual or ethnic
food preferences which can only be met through purchases of products
not produced in the U.S. ; (2) the product is not produced in the
U.S. in sufficient and reasonably available in quantities of a
satisfactory quality; or (3) the cost of the U.S. product is
significantly higher than foreign products.
G. Utilization and Redistribution
Available donated foods will be requested only in such quantities as
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.
U. Records
The Recipient Agency will accurately maintain records of donated
foods received and such accountability records as may be prescribed
by the Department. Such records shall include, but not be limited
to, accurate and complete records with respect to the receipt,
disposal, and inventory of donated foods and with respect to any
funds which arise from the operation of the program. The Recipient
Agency shall also keep accurate and complete records showing the
certification and eligibility determination of those making
application for program participation. All records must be retained
for a period of three years from the close of the federal fiscal
year to which they pertain.
I. Audits and Inspection
The Recipient Agency shall allow representatives of the Department
and/or USDA to inspect and inventory donated foods in storage, the
facilities used in handling or storage of such donated foods,
inspect and audit all records, including financial records and
reports pertaining to the distribution of donated foods, and to
review or audit the procedures and methods used in carrying out the
audit requirements at any reasonable time with or without the
benefit of prior notification.
3
3"=r.033
All Recipient Agencies receiving more than S25,000 in federal
financial assistance per fiscal year shall have an audit made by an
independent auditor, that complies with the audit requirements
established by the Office of Management and Budget Circular Number
A-128 or A-133. The audit standards to be followed can be found in
the Standards for Audit of Governmental Organizations, Programs,
Activities and Functions (1988 revision) issued by the U.S. General
Accounting Office, and the Guidelines for Audits of Federal Awards
to Nonprofit Organizations (April 1989) published by the Department
of Health and Human Services. For this purpose, the term
independent auditor means a state or local government auditor who
meets the independence standards specified in generally accepted
government auditing standards; or, certified public accountant who
meets such standards. •
J. Donations of Food
Food donations from other sources will not be reduced because of the
receipt of Section 110 commodities donated to the Recipient Agency
for distribution to eligible food bank and soup kitchen agencies as
defined in Exhibit A.
K. yinancial
1. Administrative Funds
The Recipient Agency shall claim reimbursement for
administrative expenditures for costs incurred for storage,
transportation and distribution of donated foods. Claims
shall be submitted in a format prescribed by the Department,
by providing proof of prepaid expenditures. Administrative
funds shall be allocated to the Recipient Agency by the
Department as indicated in the Colorado TEFAP Plan.
2. Distributor Charges
The Recipient Agency shall pay the quoted price per case
directly to the contracted regional distributor as billed for
the number of cases received on each shipment. The Recipient
Agency shall comply with the distributor's credit policy and
payment terms. In the event a Recipient Agency falls more
than 60 days in arrears in payments to the distributor, the
Department and the distributor may jointly agree to suspend
issues of donated foods and the distributor may take necessary
action to pursue collection of the account. The Recipient
Agency shall request reimbursement for payments made to the
distributor on a form prescribed by the Department.
L. Civil Rights and Nondiscrimination
The Recipient Agency at all times during the execution of this
agreement shall strictly adhere to all applicable federal and state
laws and implementing regulations as they currently exist and may
hereafter by amended. This includes protection of the
confidentiality of all applicant/recipient records, papers,
documents, tapes and any other materials that have been or may
hereafter by established which relate to this agreement. The
Recipient Agency acknowledges that the following laws are included:
Title VI of the Civil Rights Act of 1964, 42 U.S.C. Sections
2000d-1 et. seq. and its implementing regulation, 45 C.F.R.
Part 80 et. seq. ; and
4
- Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
section 794, and its implementing regulation, 45 C.F.R. Part
84; and
- the Age Discrimination Act of 1975, 42 U.S.C. Sections 6101
et. seq. and its implementing regulation, 45 C.F.R. Part 91;
and
Title VII of the Civil Rights Act of 1964; and
- the Age Discrimination in Employment Act of 1967; and
- the Equal Pay Act of 1963; and
- the Education Amendments of 1972.
- Immigration Reform and Control Act of 1986, P.L. 99-603
The Recipient Agency shall comply with all regulations applicable to
these laws prohibiting discrimination because of race, color,
national origin, age, sex, religion and handicap, including Acquired
Immune Deficiency Syndrome (AIDS) or AIDS related conditions,
covered in Section 504 of the Rehabilitation Act of 1973, as
amended, cited above. This assurance is given in consideration of
and for the purpose of obtaining any and all federal and/or state
financial assistance. Any person who feels that s/he has been
discriminated against has the right to file a complaint either with
the Colorado Department of Social Services or with the U.S.
Department of Agriculture, Office for Civil Rights.
The Recipient Agency is responsible for any additional Civil Rights
reporting requirements as set forth in the Colorado TEFAP Plan.
M. Indemnification
To the extent authorized by law, the Recipient Agency shall
indemnify, save and hold harmless the State, its employees and
agency, against any and all claims, damages, liability and court
awards including costs, expenses, and attorney fees incurred as a
result of any act or omission by the Recipient Agency, or its
employees, agents, subcontractors, or assignees pursuant to the
terms of this Agreement.
N. Enforcement
If the Recipient Agency fails to comply with the provisions of this
Agreement, it may, at the discretion of the Department, be
disqualified from further participation in the Program. The
Recipient Agency or the Department may seek judicial relief for any
provision of this Agreement.
O. Effective Date
This Agreement will become effective on the date of approval by the
Executive Director of the Department or authorized designee, and
shall remain in effect until September 30, 1993. The Recipient
Agency or the Department may terminate this Agreement at any time by
giving 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 in its
possession to such place within the State of Colorado as may be
designated by the Department.
P. Assignment
The Recipient Agency agrees not to assign its rights or to delegate
its obligations under this Agreement without prior approval in
writing from the Department.
5
32. 033
Q. Future Effect
This Agreement is binding upon the present and future elected or
employed officials of the Recipient Agency and the State of
Colorado.
R. 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.
S. Signatures •
The individual signing this Agreement as the "Agency Head" or
"Authorized Representative" (as attested if a corporation) certifies
that his/her signature legally binds the Recipient Agency to the
terms of this Agreement.
TYPE OR PRINT ALL INFORMATION BELOW:
DATE: November 16, 1992
NAME OF RECIPIENT AGENCY:
,i)ezb CJ.:iir' Ospr OY SneiaL yes. ..CtS
ADDRESS: STATE OF COLORADO
Po Rot 4 Ai5 ro n rn Hob DEPARTMENT OF SOCIAL SERVICES
(ZKGEe..Ev C-o w•oL3I DATE APPROVED
PHONE S: 203 ;3602-'65/
SIGNATURE AND TITLE OF AGENCY HEAD
OR AUTHORIZED REPRESENTATIVE: FOR: KAREN BEYE
ACTING EXECUTIVE DIRECTOR
Geor Ke needy, C� hai#nan 11 18
ATTES , IF.,�AJJCO 0}qt LON°I�,
L/ /IY l/4/'CL4L4lin
Deputy Clerk to Board c ___)
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