HomeMy WebLinkAbout961978.tiff RESOLUTION
RE: APPROVE FOOD DISTRIBUTION AGREEMENT FOR COMMODITY
SUPPLEMENTAL FOOD PROGRAM 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
Commodity Supplemental Food 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 Human Services and Colorado Department of Human Services, commencing November 1,
1996, and ending November 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, that the Food Distribution Agreement for Commodity Supplemental
Food 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 Human Services and
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 4th day of November, A.D., 1996.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
.11 EX
r ,ar^ ,a1 ' ' '
/ll�2'UG%1 11 Barbara J. Kirkmeyer, C it
'"': `t' Oem
•o jty Clerk to the Board
1/4v) VW A--ThaelAi e . Baxter, Pr -Tem
eputy Cler 10 the Board
Dale K. Hall
APP TO F
Constance L. Harbert
t Attorney / 1 2vJc t
.+1. Webster
961978
HR0067
DF-2B (Rev. 10/96)
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 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
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 X No
Cooler Yes No
Frozen Yes X No
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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.
The Department reserves the right to inspect the facilities, without the benefit
of prior notification, to ensure these standards are met.
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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.
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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 be kept current and
available for audit and review purpose at the Recipient Agency.
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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. 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
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 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 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.
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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, 1997. 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
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This Agreement is binding upon the present and future elected or employed officials of the
Recipient Agency and the State of Colorado.
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:November 4,. 189
NAME OF RECIPIENT AGENCY:
Weld County Board of Cwmisst;onexs
- ADDRESS:
915 10 Street STATE OF COLORADO
P .U. Box 758
Greeley Colorado 80632 DEPARTMENTOFHUMANSERVICES
SERVICES
ctI /J
ONE#C8701 356-40Q0 _ DATE cf96 APPROVED
TURF AND TITLE OF AGENCY HEAD
SE ORIZED REP SENTATTVE:
I
il( 4l ',Ai/Lai,
ara 3. Kir1Qneyer Chairpersdn BARBARAMcDONNELL
��� d County Board of Commissioners EXECUTIVEDmECTOR
7
mEmoRAnDum
Barbara J. Kirkmeyer, Chairperson
WILD Bgard of County Comm ss oner�ysata October 31 , 1996
To COLORADO FromWalter J. Speckman, Executive Director, Human Services11
Contract between the Colorado Department of Human Services
saint: 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, 1996 through September 30, 1997.
If you have any questions, please telephone me at 353-3800.
961978
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