HomeMy WebLinkAbout952122.tiff RESOLUTION
RE: APPROVE FOOD DISTRIBUTION AGREEMENT FOR EMERGENCY FOOD
ASSISTANCE PROGRAM WITH 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 for the
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 October 1, 1995, and
ending September 30, 1996, 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 the
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 Chairman be, and hereby is, authorized
to sin said agreement.
The above and foregoing Resolution was, on motion duly made and seconded, adopted by
the following vote on the 16th day of October, A.D., 1995, nunc pro tunc October 1, 1995.
BOARD OF COUNTY COMMISSIONERS
Ae
ILD COUNTY, OL DO
1A �l ,� , � '�
r�` �� Dale K. Hall, Chairma
veer 4 ) Jerk to the Board
at, Y FXCIISFn
NF1 j Barbara J. Kirkmeyer, Pro-Tem
Deputy Cler t the Board FXCl1SFn
Geor e E. Baxter
AP VED AS TO FORM:
Constance L. Harbert
o¢(n Attorn [/ m ; ; /
W. H. Webster
952122
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P95 SE? 29 F,', I: 53
9222Z1 ; LEONA MARTENS
WELD COUNTY BOARD OF COMMISSIONE
C/O WELD FOOD BANK
104 11TH AVE.
_GREELEY, CO 80631
DF28 (Rev. 9/94)
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 date116th day of Oct. 19 95 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 Crunty Department of Social Services (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
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 Yes%No_
Cooler Yes X No
Frozen Yes x 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
Mate statutes, federal and state regulations, program requirements as identified in the Food
Distribution Unit Recipient Agency User's Handbook, ColoradoTEFAP 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
S. 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
she 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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3 . 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,Ttecipient 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 L.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 maybe 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 toany 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
storageofsuch donated foods, inspectand audit all records, including financial records
and reports pertaining to-he distribution of_donated-foods, and to reviewer 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 S25,000 in-federal financial assistance per
fiscal year shall have-an audit made by an independentauditor, 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 to found in the
Standards for Audit of Governmental Organizations, Programs,Activities and-Functions
(1988 revision) issued by the US. General Accounting-Office, and-the Guidelines-for
Audits of'Federal Awards to Nonprofit-Organizations (April 1989) published-by the
3 •
Department of Health and Human Services. For this purpose,the term independent
auditor means a state or local government auditor who -meets the independence
standardsspecified 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 Teceipt of
Section 110 commodities donated to the Recipient Agency for distribution to-eligible
food bank and soup kitchen agencies as defined in Exhibit A.
0
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 prepaidexpenditures. -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. TheRecipient Agency shall comply with the distributor's credit
policy and payment terms. In the event aTlecipient Agency falls more than$0
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-necessaryaction to pursue collection of the account. The
Recipient Agency shall request reimbursement for payments -rnade to -the
distributor on a form prescribed by the Department.
L. Civil Riahts 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 lawsare included:
Title VI of the-Civil Rights Act of 1964, 42 U.S.C.Sections2000d-1 et.seq.
and its implementing regulation, 45 C.F.R.Part 80 et. sea.;and
Section 504 of the Rehabilitation Act of 1973,29 U.S.L. section 794,and its
implementing regulation, 45 L.F.R.Part 84; and
the Age Discrimination Act of 1975, 42 US.C.SectionsB101 et.sea.-and its
implementing-regulation, 45 C.F.R. Part 91;
and -
Title VII of the Civil tights Act of 1264; 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-B03
4
The Recipient Agency shall -comply with all regulations applicable -to these laws
prohibiting discrimination because of race, color, national origin,-age, sex, religionand
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 complainteither with the
ColoradoDepartment 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 xlaims, damages,
liability and court awards including xosts, expenses, and attorney fees incurred as a
result of any act ar-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 toxomply 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, 1996. The Recipient-Agencyiorthe Department nay terminate this Agreement at
any time by giving thirty days notice in writing. Upon such terminationby either the
Recipient Agency or the Department, the Recipient-Agencyshall, at its expense, return
all unused-donated foods in its-possession tosuch place within the State of Colorado
as may be designatedbythe Department.
P. Assignment
The Recipient Agency agrees not toassign 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-uponthe 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 orauthorized 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 ORPRINT ALL INFORMATION BELOW:
DATE: October 16. 1995
NAME OF RECIPIENT-AGENCY:
Weld County Department of Social Services
ADDRESS: STATE OF COLORADO
P.O. Box Box A, 315 N. 11th Avenue DEPARTMENT OF HUMAN SERVICES
Greeley, CO 80631 DATE 5 APPROVED
PHONE #: (970) 352-1551 ` was 2 Z
SIGNATURE ANDTITLE OF AGENCY HEAD
OR AUTHORIZED-REPRESENTATIVE: FOR: BARBARA McDONNELL
r ;;IMI
EXECUTIVE DIRECTOR
0414
XJ ) `(
Dale Hall, Chairman
,Board of Weld County Commissioner;;
n .c11713E OR PRINT NAME AND TITLE OF
t { tAL ORIZ D yR PRE N,TT/AATTIIVE:
yr tet
EST, IF ORPORATION:
6
arit4 n COUhtTY
v.Fp�. DEPARTMENT OF SOCIAL SERVICES
�r �t 1? t,1 n. c/O P.O. BOX
� ) � GREELEY,COLORADO 80632
�'`"�rt+ Administration and Public Assistance(303)352-1551
���� • Child Support(303)352-6933
T�) 'i-,C .�} Protectiveand Youth Services(303)352-1923
Food Stamps(303)356-3850
IIIIIDe. FAX(303)353-5215
COLORADO
M E M O R A -N D U M
TO: Dale Hall, Chairman, Board of County Commi sione
FROM: Judy A. Griego, Director, Social Services_
DATE: October 11, 1995
RE: The Emergency Food Assistance Program (TE ) A ream t B ween the
Colorado Department of Social Services and the Weld Co my Department
of Social Services
Enclosed for Board approval is -a TEFAP Agreement between the Colorado
Department of Human Services and the Weld County Department of Social
Services. We were in receipt of this TEFAP Agreement which has a due date
from the State of October 31, 1993.
The Agreement continues our participation in the Donated Food Program
according to the -terms of the Agreement. The term of the Agreement is
October 1, 1995, through September 30, 1996.
The Weld County Department of Social Services will coordinate services with
the Weld Food Bank.
If you have any questions, please telephone me at extension 6200.
JAG:amb
Enclosure
952122
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