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HomeMy WebLinkAboutC88-019 Donated Foods AgreementW Temporary Emergency Food Assistance Program This Agreement is made this 29th day of February 19 88 by and between the Colorado State Department of Social Services, 1575 Sherman, Denver, CO 80203 -1714 thereinafter referred to as the "Department ") and the Eagle Co. Dept of Social of Colorado (hereinafter referred to as the "Local Agency "). Services WHEREAS, the Department is a distributing agency under a Contract with the U.S. Department of Agriculture (hereinafter referred to as "Agriculture "). The Contract with Agriculture is subject to all federal laws and regulations. Agriculture controls the amount and types of commodities available to the Department and under the provisions of law and federal regulations,- Agriculture prescribes the policies and procedures for certifying eligible persona, the issuance of available food& to eligible persons and the policies and procedures for allocation of administrative expense funding to the Department for payment to Local Agency. WHEREAS, the Department has the responsibility for administering the Donated Foods Program in Colorado in accordance with its Contract with Agriculture, and Have Storage facilities available: Dry Storage? Yes _ No _ Freezer? Yes _ No _,Refrigerator? Yes No : and WHEREAS, the Local Agency desires to participate in the Donated Foods Program in accordance with the terms of this Agreement; end WHEREAS, as of the date of execution of the Agreement, Local Agency meets all requirements for participation in this program. Now therefore, it is hereby agreed: Local Agency shall participate in the Donated Foods Program as an agent of the Department, in accordance with the terms of this Agreement and applicable legal requirements. The term "legal requirements" as it is used throughout this Contract includes federal and state statute &, regulations, instructions, and yield requirements and any amendments thereto, which are applicable to the Donated Foods Program, which are in effect when this Contract is executed. The Local Agency agrees to fully comply with all legal requirements defined above, and to submit any reports requested by the Department of Agriculture in a prompt and complete manner, and to enforce such legal requirements against any sub - distributing agency which is under Contract with the Local Agency. Local Agency shall as a condition of receiving temporary emergency foods for distribution to authorized recipients and administrative expense funding to cover a portion of the administrative coats determined necessary to support program operations agree to comply with the following terms and conditions: 1.) Federal Reaulations Comply with the requirements of Part 251, Publlic Law 98 -8, as amended of the Code of Federal Regulations as they are set forth in the Department's State Plan of Operation & Administration. 2.) State Plan of Operation & Administration Comply with the State of Plan of Operation & Administration for the Temporary Emergency Food Assistance Program attached hereto and incorporated heroin as Exhibit A, which has been approved by Agriculture. The State Plan of Operation & Administration shall describe the regulation and procedure by which the Local Agency shall provide donated foods to low income households. Page 1 7.) Indemnification The Local Agency, in consideration for state's promises herein set forth, promises to indemnify, save and hold harmless and defend state, and all of its employees and agents, acting officially or otherwise, from any and all liability, claims, demands, actions, debts, and attorney fees arising out of, claimed on account of, or in any manner predicated upon loss or damage to the property of and injuries to, or death of all persons whatsoever, which may occur, or is sustained in connection with the-perfor- mance of this Contract, or by conditions created thereby, or based upon any violation of any statute, ordinance, or regulation, and the defense of any such claims or action, EXCEPT the Local Agency shall not indemnify state for any claims or actions arising from any defects in donated foods exist- ing at the time of or prior to delivery of such donated foods to the Local Agency. 8.) Departmental Approval This Contract shall not be deemed valid until it shall have been approved by the Executive Director of the Department. 9.) Assignment The Local Agency agrees not to assign its rights to delegate its obligations under this Contract without prior approval in writing from the Department. 10.) Future Effect This Contract is binding upon the present and future elected or employed officials of the Local Agency and the State of Colorado. 11.) Authorized Representative It shall be the duty of Local Agency to promptly notify, in writing, the Department of any change in its authorized representative. 12.) Effective Date This Agreement is to become effective on the date of approval by the Executive Director of the Department as below, and shall remain in effect until terminated by either agency. Either the Local Agency or Department may rescind this Agreement at any time by thirty days notice in writing. Upon such termination by either the Local Agency or the Department, the Local Agency shall, at its expense, return all unused donated foods to such place within the State of Colorado as may be designated by the Department. 13.) Signature The individual signing this Agreement as the "Agency Head" or "Author- ized Representative" certifies that his/her signature legally binds the Recipient Agency to the terms of this Agreement. or t-lerk of the `Board o County Commissioners for page 3 By: COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS George^. Gates, Chairman Signature and Title of Agency Head or Authorized Representative Date a 9 g� STATE OF COLORADO Department of Social Services Date 7 pproved Irene M. Executiv erector