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Home My WebLink About982023.tiff RESOLUTION RE: APPROVE FOOD DISTRIBUTION AGREEMENT AND AUTHORIZE CHAIR 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 Human Services Department, and the Colorado Department of Human Services, commencing October 1, 1998, and ending September 30, 1999, 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 Human Services Department, and the Colorado Department of Human Services be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair 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 21st day of October, A.D., 1998, nunc pro tunc October 1, 1998. BOARD OF COUNTY COMMISSIONERS WE COUNTY, COLORADO ATTEST: C ce L. Harbert Chair Weld County Clerk t. m emci u z Consta tit 2)47 W. H. ebster, Pro-Temp BY: c• Deputy Clerk to th,� h ' \ E c< ♦__ ._ `liege B a ter AP A O FORM: Da a K. Hall my ney tom, arbara J. Kirkmeyer 982023 ea . /-/S HR0069 DF-2B (Rev. 7/98) " COLORADO DEPARTMENT OF HUMAN SERVICES 1575 Sherman Street,3rd Floor Denver,CO 80203-1700 FOOD DISTRIBUTION AGREEMENT COMMODITY SUPPLEMENTAL FOOD PROGRAM (Serving Low Income Women,Infants,Children and Elderly) This Agreement is made by and between the Colorado Department of Human Services, 1575 Sherman Street, 3rd Floor, Denver, CO 80203-1714 (hereinafter referred to as the "Department"),and the Weld County Division of Human Services (hereafter 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 Programs 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: 1. 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 d No Cooler Yes if No Frozen Yes V No -1- 9a'&oot3 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 Food Distribution 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 Food Distribution Programs, 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 Food Distribution 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. -2- 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 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- 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 $300,000 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 of standards to be followed can be found in the Standards for Audit of Government 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 -4- 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 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: 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. - ImmigrationReform 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 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 -5- 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 Department of Human 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, 1999. The Recipient Agency or the Department may terminate this Agreement at any time by giving 30 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- 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: THIS AGREEMENT ENTERED INTO ON: - DATE: 10/21/98 NAME OF RECIPIENT AGENCY: STATE OF COLORADO Weld County Board of Commissioners DEPARTMENT OF HUMAN SERVICES ADDRESS: DATE / ) - 2 - y't APPROVED 915 10th Street PO Box 758 BY: Greeley, Co I orauo 806J2 r : 'tARBARA McDONNELL EXECUTIVE DIRECTOR PHONE (970) 356-4000 SIGNATURE AND TITLE OF LOCAL AGENCY HEAD OR AUTHORIZED REPRESENTATIVE: ,x . Title: . . - . - H- ATTEST: ► . � z+'s ' w�� ■ � �) Deputy Clerk to the!.: ..-. �r T -7- MEMORANDUM ' Constance L. Harbert, Chair CTO: Board of County Commissioners DATE: October 13, 1998 /� OFROM: Walter J. Speckman, Executive Director, Human Services �,tJo. U1 • COLORADO SUBJECT: Contract between the Colorado Department of Human Services and the Weld County Division of Human Services Enclosed for Board approval is the Contract between the Colorado Department of Human Services and the Weld County Division of Human Services 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, 1998 through September 30, 1999. If you have any questions, please telephone me at 353-3800, extension 3317. 982023 Hello