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Home My WebLink About930436.tiff RESOLUTION RE: APPROVE DONATED FOODS AGREEMENT FOR HUMAN RESOURCES' NUTRITION PROGRAM FOR THE ELDERLY 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 Weld County Division of Human Resources' Nutrition Program for the Elderly and the Colorado Department of Social Services, commencing July 1, 1993, and ending June 30, 1994, with the further 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 Donated Foods Agreement between the Weld County Division of Human Resources' Nutrition Program for the Elderly and the Colorado 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 17th day of May, A.D. , 1993. ATTEST: Al)/IMA BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Weld County Clerk to the Board onstance L. Harbert, Chairman BY: Lei--/-i-/_„4„.24_-,..> EXCUSED DATE OF SIGNING (AYE) Depue Boa W. H Webster, Pro-T m APPRO AS TO FORM: �� e �1� rge Baxte County Attorne Z — H e K. Hall arbara J. Kirkmeye 930436 1 LPAAr1 6Y( AIV; rrmemoRAnDurf W Il e. L. Harbert, Chairperson 7o Board of County Commissioners Date May 10, 1993 j COLORADO From Walter J. Speckman, Executive Director, Human Resources Donated Foods Agreement for the Nutrition Program for the Elderly Subject. 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 legal requirements of receiving and using USDA commodities within the Senior Nutrition Program. The term of this Agreement is July 1, 1993 through June 30, 1994. If you have any questions, please feel free to telephone me at 353-3816. 930436 EO3fZ1; REV REID DEF .TMENT OF HUMAN RESOURCES • NUTRITION PRO. FOR THE ELDERLY P.O. SOX 1805 DP-2B (Rev. 4/93) GREELEY, CO 8D6'2 COLORADO DEPARTMENT OF SOCIAL SERVICES 3 � C 1575 Sherman Street, 3rd Floor ��LL ��/�3 Denier, CO 80203-1714 5�atl Donated Foods Agreement (Title III C - Nutrition Program For the Elderly) 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 (hereinafthr referred to as the "Department"), and the (Enter your agency's name) (hereinafter referred to as the "Recipient Agency"). Whereas, the Department is a distributing agency under a contact 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 Colorado in accordance with its Contract with USDA. 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: 1. The Recipient Agency is operating a Nutrition Program for the Elderly, serving persons who are unable to pay the full charge for service provided. Complete the following questions: a. The Recipient Agency has cooking facilities available? Yeses No_ b. The Recipient Agency has the following types of storage facilities available: Dry Yeses No_ Cooler Yes K No• _ Frozen Yesi_ No_ 2. Recipient Agency shall participate in the Donated Foods Program in accordance with the terms of this 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,federal and state commodity processing instructions 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 1 930436 c a prompt and complete manner, and to enfoive such legal requirements against any processors or sub-distributing agencies which are under contract with die Recipient Agency. 4. Recipient Agency shall receive, store, distribute, and utilize donated foods. In addition, the Recipient Agency agrees to comply with the following terms and conditions: A. Use of Donated Foods Donated food 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 or any processor without express written approval being obtained by the Recipient Agency from the Department B. Storage Fadudes 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 that USDA-donated foods are readily identified; S. 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 vendladon; 7. Maintain accurate inventory records of product usage; and 8. Take other protective measures as may be necnwary. 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, its carrier agent, Processor, or Food Service Management Company, 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 2 930436 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 an annual physical inventory of USDA commodities the last working day of March and submit the inventory to the Department by the date required, 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. 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 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. H. Records The Recipient Agency and any Processors,or Food Service Management Company 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 3 930436 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 fiords which arise from the operation of the 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 must be retained for a period of three years from the close of the fiscal year to which they pertain. L Audits and Insoectiona The Recipient Agency shall allow representatives of the Department and/or USDA to inspect and inventory Donated Foods in storage, the facilities used in the handling or storage of such donated foods, inspect and audit all records, including financial records and reports pertaining to the djsedbution 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. All recipient agencies receiving more than $25,000 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 e 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. Expenditures 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. K, Processing Contracts The Department may enter into processing contracts with private vendors who convert Donated Foods into different end-products or by repackaging them. The Contracts for processing of products are entered into by the Department for the benefit of the eligible Recipient Agency. All Recipient Agencies eligible to receive the donated foods to be processed may receive end products made from those foods and produced under such processing contracts of the Department. If the Recipient Agency elects to participate in the processing program, the Recipient Agency shall comply with all requiresthents of the processing contract`, as set forth by the Department's contract. In no event*shall the Recipient Agency enter into ari agreement with a processor to convert donated foods into end-products without prior written approval of 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 Contract and the compliance of the processor with 4 930436 all legal requirements. L. Food Service Management Companies Food Service Management Companies may be employed to conduct the food service operations of eligible Recipient Agencies. A Food Service Management Company is defined as a commercial enterprise or nonprofit organization which may be contracted with by a Recipient Agency to manage any aspect of its food service operation. In Stances when a Food Service Management Company is employed to provide such services, the Recipient Agency shall enter into a written contract with the Food Service Management Company which shall expressly provide that 1. Any donated foods received by the Recipient Agency and made available to the Food Service Management Company shall be utilized solely for the purpose of providing benefits for the employing agency's food service operation and it is the responsibility of the Recipient Agency to demonstrate that the full value of all donated foods is used solely for the benefit of the Recipient Agency. 2. The Food Service Management Company shall comply with the same terms and conditions of the Recipient Agency's Donated Foods Agreement with the Department. 3. The books and records of the Food Service Management Company pertaining to the food service operation of the agency shall be available on-site for a period of three years from the close of the final year to which they pertain. Recipient Agencies shall submit Food Service Management Company contacts to the Department for approval. M. Financial 1. State Administrative Charge The Recipient Agency shall pay the Commercial Distributor on behalf of the Department a fixed cost per container computed annually for USDA commodities shipped from the distributor (or USDA) to the Recipient Agency. This administrative cost per container shall be subject to revision based upon fluctuation in the number of cases to be shipped,cost of operation,federal or state funds and number of participating Recipient Agencies. The administrative charge shall be adjusted by the Department no more frequently than monthly. Each Recipient Agency shall be billed for the number of containers of donated food received by the Recipient Agency from the distributor, (or direct from USDA vendors) as reported by the distributor(or vendors) to the Donated Foods Unit. Failure of a Recipient Agency to pay the administrative charge within ninety days of the billing date shall result in suspension of future shipments of Donated Foods. If the administrative charge is not paid, the Recipient Agency's account 5 930436 will be submitted to the Colorado Department of Administration, Collection Agency. Any and all additional costs involved in the collection process shall be borne by the Recipient Agency. The Recipient Agency may not be permitted to participate in the Donated Foods Program, until the account is paid in full plus all collection fees. 2. Distributor Charges The Recipient Agency shall pay the quoted price per case directly to the cmmacted regional distributor as billed for the number of cases received on each shipment. The Recipient Agency shall comply with the distributors 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 N. Civil Rights and Nondiscrimination The recipient agency at all times during the execution of this agreement strictly adhere to all applicable federal and state laws and implementing regulations as they currently exist and may hereafter be 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 be 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 ec sea.: and - 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. sect and its implementing regulation, 45 CY.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 and 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 under 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 asslst*nr.p 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. 6 930436 N COLORADO DZPARTIQNT OW SOCIAL SERVICES DORi==D WOODS UNIT 1575 SH1R1aN ST. 3RD TLOOR DINVIR, CO 80203-1714 DILIVZRY =MOD SZLZCTION QDZSTIONZULTRZ (WY 94) REGION I - VAIIISE WARZHOUSZ CO. ©OOZ1 BEV REID DEPARTMENT OF HUMAN RESOURCES D�? 0Z1 5ELJ REID NUTRITION PRO. FOR THE ELDERLY DEPARTMENT OF HUMAN RESOURCES P.O. BOX 18O` UNIVERSITY OF NORTHERN COLO. CO00632501 - 20TH STREET GREELEYbREI�LEY CO 506:9PHONE FAX ADDRESS 303/=5•'-•800 Shipping Address Label. Mai S i nn C HHI.-acc I al-,r1+1 2. NO CHANGES: (Check here if there are no changes from previous y submitted information. If you check NO CHANGES it is not necessary to complete the rest of the form; however you must still submit the form. ) 3. DELIVZRY NZTHOD SELECTION: Please check appropriate box for your preference of delivery method. Refer to cover letter for instructions. Price/case DM COOK Delivery to Wood Preparation Site $1.25 (5R1) Delivery to Sch Dist/Central Warehouse $1 .41 (2R1) • Delivery to Issue Site $1.27 (3R1) Pick-up at Distributor' s Warehouse $ .88 (4R1) cs_Nc. , . 4. List sites where the distributor will deliver commodities to: Street Address City Zip Contact Person Phone # K2, / Authorized Signature Date 930436 DONATED FOODS UNIT 1575 Sherman St 3rd Floor Denver, CO 80203-1714 866-5106 RECIPIENT AGENCY QUESTIONNAIRE FISCAL YEAR 94 (July 1, 1993 -June 30, 1994) RECIPIENT AGENCY LABEL 80302 1 ; BEV REID DEPARTMENT OF HUMAN RESOURCES NUTRITION PRO. FOR THE ELDERLY P. O. LOX 1805 GREELEY, CO 80632 Does your agency contract with a Food Service Management Company to operate your agency's food service? �/' y( /� Yes X No Uto toar arLy OC b ori.ety Lo\ora.at (If you answered yes,you are required tb submit a copy of the contract to the Donated Foods Office for approval). II. Does your agency charge an assessment fee to another agency/agencies for the purpose of storage,transportation or administration of USDA commodity foods? Yes No____ If you answered yes,please identify the following Information: Assessment Fee charged $ (per case, pound etc ?) Frequency of the assessment (month, year, distribution, etc.) Identify in the categories below,the costs used to arrive at Me total assessment fee being charged Transportation$ IJ/\ Storage $ id A • Administration$ N '\ Other(explain) $ .'i i1 Total Assessment Fee $ • j ter % 3. 7�� ( horized Signauure) (Date) RETURN THIS QUESTIONNAIRE TO THE DONATED FOODS UNIT AT THE ABOVE ADDRESS NO LATER THAN MAY 15, 1993. 930436 STATE OF COLORADO DEPARTMENT OF SOCIAL SERVICES 4�O 1575 Sherman Street Denver,Colorado 80203.1714 8 w Phone(303) 866.5700 - e e♦ 1176 May 3, 1993 Food Service Administrator. We are writing to request your assistance in evaluating the Donated Foods Program for Fiscal Year 1993 (July 1, 1992 - to date). The Commrelity Distribution Reform Act, State Standards of Practice requires our office to assess annually the adequacy of the service provided to recipient agencies of the program and make the conclusions available to interested parties. This information has proven very beneficial to our office as well as to the distributors. To assist with the evaluation, we request that you complete the attached questionnaire by rating the various areas. If a particular question does not apply to your agency, please indicate N/A. The questionnaire will provide input to the Donated Foods staff to evaluate the current program for any changes which might be required and to provide feedback to the distributors for their review and information and their use in ;miring improvements in their operation. The names of the agencies completing the questionnaire will remain confidential. Please complete the questionnaire and return to the Donated Foods Unit, 1575 Sherman St. 3rd Floor, Denver, CO 80203 by May 15, 1993. If you have any questions, please call Jan Finney at 866-2928. Thank you for your cooperation. Sincerely, Jan Finney, Unit Chief Donated Foods Unit Food Assistance Programs 93043S. C. QUALITY AND VARIETY: Rate the following in the area of quality and variety of USDA commodities: 1. Variety of Commodities your Agency is 12 3 g) 2. Quality of commodities you receive 12 3 D. ORDERING AND ALLOCATIONS: Rate the following in relation to ordering and allocations: 1. Procedures for Planned Usage Request 12 () 4 2. Procedures for Notice of Arrival 12 3 3. Ability to Change Order or Refuse Commodities 12 (gc 4 Comments: E. STATE PROCESSING PROGRAM 1. Rate the State's Processing Program for converting raw commodities into further processed end products. tIA} 12 3 4 2. Rate the quality of the end products. NPc 12 3 4 Comments: F. OTHER COMMENT& Describe any changes you would like to see made in the overall operation of the Donated Foods Program. Describe any changes you would like considered for future contracts with commercial distributors. • • (Authorized Signature)///-7( tr r ) (Date) - -9,5 930436 The Recipient Agency is responsible for any additional Civil Rights reporting requirements as set forth in Addendum A of this Agreement.if applicable. To the extent authorized by law. the Recipient Agency shall indemnity, save and hold harmless the State.its employees and agents.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 P. Enforcement If the Recipient Agency fails to comply with the provisions'of this Agreement it may,at the discretion of the Department.be disqualified hem further participation in the Program. The Recipient Agency or the Department may seek judicial relief for any provision of this Agreement. Q. Effective Date This Agreement will become effective on the date of approval by the Executive Director o the Department or authorizedth design'',ent and shall.remain in effect until June may terminate this Agreement at any0, 1994. dine by The Recipient Agency or the Department 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 or in the possession of its processors to such place within the State of Colorado as may be designated by the Department S. 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 T. Future Effect This Agreement is binding upon the present and future elected or employed officials of the Recipient Agency and the State of Colorado. U. Authorized Representative It shall be the duty of Recipient Agency to promptly notify, in writing, the Department of any charge in its Agency Heed or authorized representative or change in legal address. • 7 • 930436 Hello