HomeMy WebLinkAbout940473.tiff RESOLUTION
RE: APPROVE FOOD DISTRIBUTION AGREEMENT BETWEEN HUMAN RESOURCES AND COLORADO
DEPARTMENT OF HUMAN 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 Food Distribution Agreement
between the County of Weld, State of Colorado, by and through the Board of County
Commissioners of Weld County, on behalf of the Weld County Division of Human
Resources, and the Colorado Department of Human Services, commencing July 1,
1994, and ending June 30, 1995, with 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 Food Distribution Agreement between the County of
Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County, on behalf of the Weld County Division of Human Resources, and the
Colorado Department of Human 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 23rd day of May, A.D. , 1994.
4,.
1 / � BOARD OF COUNTY COMMISSIONERS
ATTEST: eili���� WELD C UNT((Y, COLORADO
Weld County Clerk to the Board 'L'/l / W7b.
W. H. Webster, Ch irman
BY: ///J
Deputy C erk to the Board Dale . Ha , Pro- em
�> i
APPROVED AS TO FORM: x_
Ge xgeBaxter
•
ty Attorney Constance L. Harbert
I
,/ . . / ;}
/ arbara J. Kirkm er
940473
HP00r,
8O3O21 ; F ' REID
DEPARTMENT JF HUMAN RESOURCES
NUTRITION FRG. FOR THE ELDERLY
F. O. BOX 1805 Q
DF-2B (Rev. 3/94) GREELEY, CO 8O632
v,
COLORADO DEPARTMENT OF HUMAN SERVICES ,O 4)
1575 Sherman Street, 3rd Floor
Denver, CO 80203-1700 '
Food Distribution Agreement
(Title HI 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 Human Services, 1575 Sherman Street, 3rd Floor, Denver, CO
80203-1700 (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 Food Distribution Program
in Colorado in accordance with its Contract with USDA, and;
Whereas, the Recipient Agency desires to participate in the Food Distribution 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? Yesic No
b. The Recipient Agency has the following types of storage facilities available:
Dry Yeses No_
Cooler Yes )( No_
Frozen YesX No_
2. Recipient Agency shall participate in the Food Distribution 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 Food Distribution
Program Recipient Agency User's Handbook,federal and state commodity processing instructions
and any amendments thereto, which are applicable to the Food Distribution Program, which are
in effect when this Agreement is executed. The Recipient Agency agrees to fully comply with
1
CiUi;c/7,3
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
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 Food Distribution Program 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 tight 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
2
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 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. $uv 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
3
94011173
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 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.
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.Prozrams.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,_ oaracfs
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
4
940473
Department to enforce the terms of such Processing Contract and the compliance of the
processor with 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:
I. 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 Food Distribution 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 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 Food
Distribution Program.
Failure of a Recipient Agency to pay the administrative charge within ninety days
5
340473
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
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 Food Distribution 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 payment: 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:
Tide 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
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 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 Human Services or with the U.S. Department of Agriculture, Office for
Civil Rights.
6
940473
•
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 a�nstan fod al,claims, as atosges,
liability and court awards including costs,expenses, subcontractors;
dasult
of any act or omission by the Recipient Agency, or its employees, agents,
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, 1995.
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-possessionof its processors to such place within
the State of Colorado as may be designated by the Department.
S. Assienment
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 Eff=
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.
7
{ �r 940473
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 Recioiem Agency to the terms of this Agreement.
TYPE OR PRINT ALL INFORMATION BELOW:
DATE: May 10 1994
NAME OF RECIPIENT AGENCY:
Weld County Board of Commissioners
ADDRESS:
P.O. Box 758 STATE OF COLORADO
Greeley, CO 80632 DEPARTMENT OF HUMAN SERVICES
PHONE #: ( 303 ) 356-4000 x4225 DATE q�
SIGNATURE AND TITLE OF AGENCY HEAD
OR AUTHORIZED REPRESENTATIVE: FOR: EXECUTIVE DIRECTOR
a tl 08
W. Webster, C airperson /25/94
We Co a f C missioners
ATTEST, IF A CORPORATION:
%Ski Ceb, Y'1t hits,
Deputy Clerk to Board
8
940473
mEmoRAnDum
Board of County Commissioners
To W.H. Webster, Chairperson Date May 10, 1994
COLORADO From waltar T cpnrkman, F.xarutive Dirartnr, $nman Racnnrrac VL
s�n�e,Non-Financial Coordinating Agreement
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 agreement is to receive bonus commodity food items such as raisins,
and blueberries, to be utilized in the menus by the vendor U.N.C. Food
Services. The USDA bonus commodities will be picked up at Vanask
Warehouse CO. by Weld County Transportation.
The agreement has no changes and the term period will be from July 1, 1994
through June 30, 1995. If you have any questions, please call Linda Piper
at 353-3800 ext. 3320.
940473
Hello