HomeMy WebLinkAbout921011.tiff RESOLUTION
RE: APPROVE DONATED FOODS AGREEMENT WITH THE 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 Division
of Human Resources, commencing October 1, 1992, and ending September 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 the Colorado
Department of Social Services and the Weld County Division of Human Resources 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 19th day of October, A.D. , 1992, nunc pro
tunc October 1, 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: 427,44/4/' _t 't: WELD COUNTY, COLORADO
Weld County Clerk to the Board
Ge r e KeEined , C airman c_.
BY: Io " f-I,E-i.uy.v,�
Deputy Clerktto the Board Constance L. Harbert, Pro-Tem
APPROVE? AS TO FORM: ifs;t","
C. W. Kir y
/ County Attorney Gor a y
W. H. Webster
921011
f1-k01152 cc. H.R. '.5` s%ri-rK
•
C. 2A <
DF-2B (Rev. 10/92)
. � Off,J.
COLORADO DEPT jNT'OF SOCIAL SERVICES
1575 Sherman Street, 3rd Floor
Denver, CO 80203-1714
Donated Foods Agreement
Commodity Supplemental Food Program
(Serving Low Income Women, Infants, Children and 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) (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 the Agreement, Recipient Agency meets all
requirements for participation in this program.
NOW, THEREFORE, it is hereby agreed:
I. The Recipient Agency is operating a Commodity Supplemental Food Program which
provides supplemental foods to low income pregnant and postpartum women, infants,
children and elderly; and
Complete the following questions:
The Recipient Agency has the following types of storage facilities available:
Dry Yes x No_
Cooler Yes x No
Frozen Yes X No
1
9?-1011
2. Recipient Agency shall participate in the Donated Foods Program in accordance with
th4erms 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, State Plan of Operation and
Administration 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 the Recipient Agency.
4. Recipient Agency shall receive, store and distribute 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
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 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.
2
921011
C. Responsibility for Damage. Spoilage. Theft or Other Loss
Once the donated foods have been delivered to the Recipient Agency or its carrier agent,
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 an annual physical inventory of USDA commodities the last
working day of September and submit the inventory to the Department, not later than the
5th of October, 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
by 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. 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.
3
921011
G. 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.
H. 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 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.
Financial
1. Quarterly Statements of Expenditures
As required in the State Plan of Operation and Administration the Recipient Agency shall
submit to the Department by the 15th of the month following the close of the quarter, a
Quarterly Statement of Expenditure report reflecting an accurate amount of funds
expended for the quarter. The Department will reimburse the Recipient Agency their fair
share percentage of federal funds available based upon each Recipient Agency's actual
expenditures submitted for the previous quarter. The reimbursement portion of federal
funds will be disbursed to the Recipient Agency based on actual cases of"bonus" donated
foods distributed during the previous quarter. Quarterly Statements of Expenditures shall
4
921011
be kept current and available for audit and review purpose at the Recipient Agency.
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.
J. 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 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:
Tide VI of the Civil Rights Act of 1964, 42 U.S.C.
Sections 2000d-1 et. sea. and its implementing regulation, 45 C.F.R. Part 80 et.
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. sea. and its implementing regulation, 45 C.F.R. Part 91-and
Tide 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 she/he has
been discriminated against has the right to file a complaint either with the Colorado
5
921011
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 State Plan of Operation and Administration.
K. 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.
L. 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.
M. 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.
N. 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.
0. Future Effect
This Agreement is binding upon the present and future elected or employed officials of
the Recipient Agency and the State of Colorado.
6
921011.
P. 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.
Q. 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: OCTOBER 19, 1992
NAME OF RECIPIENT AGENCY:
WELD COUNTY BOARD OF COMMISSIONERS
ADDRESS:
915 10TH STREET STATE OF COLORADO
P.O. BOX 758
GREELEY, CO 80632 DEPARTMENT OF SOCIAL SERVICES
PHONE #: (303) 356-4000 DATE/� z/9 - APPROVED
SIGNATURE AND TITLE OF AGENCY HEAD
OR AUTHORIZED REPRESENTATIVE:
FOR KAREN BEYE
ACTING EXECUTIVE DIRECTOR
7
91011
i / 6, 111EMORAilDUM
V iii Kennedy, Chairman
ru Board of County Commissioners Date October 16f-.{1492
ij
in
COLORADO From Walter J. Speckman, Executive Director, Human Resources
Subject: Contract between the Colorado Department of Social Services
and the Weld County Division of Human Resources
Enclosed for Board approval is the Contract between the Colorado Department of
Social Services and the Weld County Division of Human Resources for the
administration and operation of the Commodity Supplemental Food Program.
This is a continuing Contract which defines the responsibilities and requirements
governing the Commodity Supplemental Food Program.
The period of this Contract is October 1, 1992 through September 30, 1993.
If you have any questions, please telephone me at 353-3816.
921011
up f.-)67
Hello