HomeMy WebLinkAbout920483.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 Weld County Division of Human Resources' Nutrition Program for the
Elderly and the Colorado Department of Social Services, commencing July 1, 1992,
and ending June 30, 1993, 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 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 3rd day of June, A.D. , 1992.
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BOARD OF COUNTY COMMISSIONERS
ATTEST: 'W"114 r ._ -7 WELD COUNTY, COLORADO
fWeld County Clerk to the Board "l`��_ru'�
George Kennedy, Chairman
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BY: F tee-
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Deputy Clerk to the Board Constance L. Harbert, I'ro-Tem
APPROVED AS TO FORM: !'' c G/
C. . Kir y
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County Attorney Gor . L y
W. H. Webster
920483
8030Z1 ; iLV REID
DEPA' 'ENT OF HUMAN RESOURCES
NUTRi110N PRG. FOR THE ELDERLY
P.O. BOX 1805
GREELEY, CO 80632
DF-2B (Rev. 4/92)
COLORADO DEPARTMENT OF SOCIAL SERVICES
1575 Sherman Street, 3rd Floor
Denver, CO 80203-1714
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 (hereinafter referred to as the "Department"), and the (Enter your agency's name) Weld County
Division of Human Resources (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
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:
I. 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? Yes X No
b. The Recipient Agency has the following types of storage facilities available:
Dry Yes X No
Cooler Yes X No
Frozen Yes X 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
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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.
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 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 that 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 usage; 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, 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, spoil.,:x, 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
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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
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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 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.
I. Audits and Inspections
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 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.
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 requirements of the
processing contracts as set forth by the Department's contract. In no event shall the
Recipient Agency enter into an 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
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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 instances 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 fiscal year to which they pertain.
Recipient Agencies shall submit Food Service Management Company contracts to the
Department for approval.
M. Financial
1. State Administrative Charge
The Recipient Agency shall pay 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
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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
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.
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 et. seq.; 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. 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 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 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.
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The Recipient Agency is responsible for any additional Civil Rights reporting
requirements as set forth in Addendum A of this Agreement, if applicable.
0. 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 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 from 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
of the Department or authorized designee, and shall remain in effect until June 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 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 :., assign its rights or to delegate its obligations under
this Agreement without prior appi..A al 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 change in its Agency Head or authorized representative or change in legal address.
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V. 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: June 3, 1992
NAME OF RECIPIENT AGENCY:
Weld County Board of Commissioners
ADDRESS:
P.O. Box 758 STATE OF COLORADO
Greeley, CO 80632 DEPARTMENT OF SOCIAL SERVICES
PHONE #: 356-4000 ext. 4225 DATE (/�� � APPROVED
SIGNATURE AND TITLE OF AGENCY HEAD 777, e
OR AUTHORIZED REPRESENTATIVE: FOR: STEVEN V. BERSON
ACTING EXECUTIVE D CTOR
George Kennedy, Chairman
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ATTE$T, IF AtCORPORATIONP 7U8i92 --C_:7"
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Weld County Clerk to Board
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BY: 4 / J / ,
Deputy Clerk to Board
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MEMORA11DU
WilDe
oarde Kennedy,t Chairman
r� Board of County Commissioners � �. May 28, 1992
COLORADO Walter J. Speckman, Executive Director, Human Resources
suni«„. 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 legal
requirements of receiving and using USDA commodities within the Senior Nutrition
Program.
The term of this Agreement is July 1, 1992 through June 30, 1993.
If you have any questions, please feel free to telephone me at 353-3816.
May 28, 1992 r.
MEMORANDUM r,_
TO: Clerk to the Board
FR: Susan Talmadge, Human sources
RE: Donated Foods Agreement for the
Nutrition Program for the Elderly
Enclosed for Board approval are three (3)
copies of the above mentioned Agreement.
Please return all three (3) copies as all
copies need to go to Denver for signature.
When we receive the signed copies back, I
will forward you your copy.
If you have any questions, please telephone
Marilyn Carlino at 353-3816.
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