HomeMy WebLinkAbout962106.tiff RESOLUTION
RE: APPROVE FOOD DISTRIBUTION AGREEMENT FOR EMERGENCY FOOD
ASSISTANCE PROGRAM WITH COLORADO DEPARTMENT OF HUMAN SERVICES
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 for
Emergency Food Assistance Program between the County of Weld, State of Colorado, by and
through the Board of County Commissioners of Weld County, on behalf of the Department of
Social Services, and the Colorado Department of Human Services, commencing on the date of
approval by the Executive Director, and ending September 30, 1997, 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, ex-officio Board of Social Services, that the Food Distribution
Agreement for Emergency Food Assistance Program between the County of Weld, State of
Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the
Department of Social Services, 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 25th day of November, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
MA ,F..?‘-‘ ISFn nATF (�F SNIN(; r, (AYF,
cf e ��ll Barbara J. Kirkmeyer, Chair
f =1 n\t- o �ty Clerk to the Board
kill / eorge axter, Pro-Tem
���►r<•eputy Cler o the Board FXCI iSFn
Dale K. Hall
APP
( AS TO M: CocusFn
Constance L. Harbert �
Co y Attorney if �� i� �f-�,/f i/
W. H. Webster VV �/
962106
CC 56 sl SS0022
DF-2B(Rev.9/96)
COLORADO DEPARTMENT OF HUMAN SERVICES
1575 Sherman Street, 3rd Floor
Denver, CO 80203-1714
Food Distribution Agreement
The Emergency Food Assistance Program
This agreement is made this (Enter today's date) 25th day of Nov- 19 96 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 (Enter your agency's name)
Weld County Department of Social Servicefltereinafter 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
accordance with the terms of the 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 The Emergency Food Assistance Program which provides
emergency foods for distribution to authorized low income households; and
Complete the following questions:
The Recipient Agency has the following types of storage facilities available:
Dry YesX No
Cooler YesX No
Frozen YesX No
2. Recipient Agency shall participate in the Food Distribution 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, Colorado TEFAP Plan attached hereto and
incorporated herein as Exhibit A 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 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 Recipient Agency.
4. Recipient Agency shall receive, store and distribute donated foods. In addition, the Recipient
Agency agrees to comply with following terms and conditions:
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A. Use of Donated Foods
Donated foods 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.
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
agency, 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 a monthly physical inventory of USDA commodities the
last working day of each month and submit the inventory to the Department, not later
than the 10th of each month, 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.
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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 in 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 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.
Audits and Inspection
The Recipient Agency shall allow representatives of the Department and/or USDA to
inspect and inventory donated foods in storage, the facilities used in 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 825,000 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
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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. Donations of Food
Food donations from other sources will not be reduced because of the receipt of
Section 110 commodities donated to the Recipient Agency for distribution to eligible
food bank and soup kitchen agencies as defined in Exhibit A.
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K. Financial -
1. Administrative Funds
The Recipient Agency shall claim reimbursement for administrative
expenditures for costs incurred for storage, transportation and distribution of
donated foods. Claims shall be submitted in a format prescribed by the
Department, by providing proof of prepaid expenditures. Administrative funds
shall be allocated to the Recipient Agency by the Department as indicated in
the Colorado TEFAP Plan.
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.
L. 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 by 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. Pan 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
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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 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.
The Recipient Agency is responsible for any additional Civil Rights reporting
requirements as set forth in the Colorado TEFAP Plan. -
M. Indemnification
To the extent authorized by law, the Recipient Agency shall indemnify, save and hold
harmless the State, its employees and agency, 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.
N. 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.
O. 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, 1997. 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.
P. 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.
Q. Future Effect
This Agreement is binding upon the present and future elected or employed officials
of the Recipient Agency and the State of Colorado.
R. 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.
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S. 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: November 25, 1996
NAME OF RECIPIENT AGENCY:
Weld County Department of Social Services
ADDRESS: STATE OF COLORADO
P.O. Box A, 315 N. 11th Ave. DEPARTMENT
/O�F HUMAN SERVICES
Greeley, CO 80632 DATE APPROVED
, APPROVED
PHONE #:(970) 352-1551
SIGNATURE AND TITLE OF AGENCY HEAD tr tit
OR AUTHORIZED REPRESENTATIVE: FOR: BARBARA McDONHEtt
EXECUTIVE DIRECTOR
4 Eta
f� bara J. Kirkme'er, Chair, Board of Weld County Commissioners
crAtB7M.,52 E OR PRINT NAME AND TITLE OF
t 1881 i O -r‘ ORIZ D PRE NTATIV
2 IcV.
°(U1 in�I,
: ,r, i -61--.
i EST, IF ,f ORPORATION:
6
MEMORANDUM
TO: Barbara J. Kirkmeyer, Chair DATE: November Y 18, 1996
Board of Weld County Commissioners
O FROM: Judy A. Griego, Director, Social Services_
Under Services:C. SUBJECT: Food Distribution Ag der th EmergencyI9tu7o
COLORADO Food Assistance Program and Between the Weld
County Department of Social Services and the Colorado
Department of Human Services
Enclosed for Board approval is a Food Distribution Agreement under the Emergency Food
• Assistance Program and between the Weld County Department of Social Services and the
Colorado Department of Human Services.
The Weld County Department of Social Services utilizes the Weld Food Bank as its Recipient
Agency to distribute food. This agreement is in effect until September 30, 1997.
If you have any questions, please telephone me at extension 6200.
962106
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