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Home My WebLink AboutC84-004 Colorado Department of Social ServicesCOLORADO DEPARTMENT OF SOCIAL SERVICES FOOD ASSISTANCE PROGRAMS - DONATED FOODS UNIT AGREEMENT FOR DISTRIBUTION OF USDA SURPLUS PRODUCTS In order to effectuate the applicable provisions of Public Law 98-92, as amended, the Temporary Emergency Food Assistance Program of 1984 and 1985 (the "Dole Bill"), the Colorado State Department of Social Services (State Distributing Agency) and: Eagle County Name of County Board of Commissioners Box 660 Eagle 81631 328-6328 Address City Zip Phone -agree as follows: 1. This Agreement supersedes all other Agreements and sets forth the terms and con- ditions governing donation and distribution of commodities to the County Board of Commissioners for use by emergency feeding organizations within the county. Throughout this Agreement the term "emergency feeding organizations" shall have the following meaning as ascribed by Federal Regulation 7 CFR Part 251.3 (b): "Emergency feeding organization" means any public or nonprofit private agency which provides nutrition assistance to relieve situations of emergency and dis- tress through the provision of food to needy persons, including low-income and unemployed persons. 2. USDA will announce to the State Distributing Agency, by quarter, the types an quantities of commodities available under the act. The State Distributing Agency will make a fair share allocation using the statistics availableon the counties' participation in the Food Stamp Program as an indicator of the relative percen- tage of needy households in that county. The County Commissioners or their designated agencies may then order up to their fair share of commodity foods in accordance with the following procedures: a. If the county agency has been allocated sufficient quantities of any one pro- duct to constitute a full truckload or if in consultation with one or more counties they can agree on a centralized destination point and together they have been allocated sufficient quantities to make up a full truckload of any one product, they may specify a requested delivery of a full truck- load. Transportation charges will be paid to the one designated destination point by USDA. b. With USDA approval and in conjunction with counties concerned, the State Agency will receive the products at the State Warehouse, Denver. USDA will pay transportation charges to this point. Counties concerned will have to pick up from the State Warehouse or make arrangements with a common carrier for delivery to their county. All shipments by common carrier will be on a freight collect basis, the county being responsible for these charges. These charges are reimbursable up.to 5% of the value of the commodities received or up to the dollar amount allocated to the county. The county will then submit reimbursement claim forms to the State Distributing Agency with proper documen- tation attached. 3. The County Commissioners and/or their designated agencies will make. surplus commodity foods available to needy households, using the criteria and procedures outlined in Section 13.100 Special Distribution Program of the Colorado Depart- ment of Social Services Staff Manual. Surplus Products Distribution Agreement Page - 2 4. Surplus food will be distributed to persons in needy households under the proce- dures outlined in the proceeding paragraph for home consumption only, through the agency or agencies designated by the County Commissioners. An agreement pre- scribed by the State Distributing Agency will be signed by the authorized agency and'the County Board of Commissioners. Only those agencies which agree to distri- bute surplus food to authorized households will be approved by the State Distri- buting Agency. In the event that the County Board of Commissioners make a change of distribution agencies, they will notify the State Distributing Agency by sub- mitting a copy of the new agreement for approval. 5. The county shall insure that emergency feeding organizations maintain records and provide reports as required by the State Distributing Agency. 6. The county shall insure that emergency feeding organizations permit inspection of records by USDA, the United States General Accounting Office and the State Distri- buting Agency. All such records shall be retained for three years subsequent to the close of the Federal Fiscal Year to which they pertain. 7. The County Board of Commissioners will assure that vouchers covering requests for costs of transportation, storage and distribution are proper and approved by the County Board of Commissioners or its designated agency or agencies for payment. 8. The county is subject to and shall insure compliance with Title VI of the Civil Rights Act of 1964 (PL88-352), Title IX of the Education Amendments of 1972, Sec- tion 504 of the Rehabilitation Act of 1973 (PL93-112), Age Discrimination Act of 1975 (PL94-135) and all requirements imposed by the regulations of the Department of Agriculture (7 CFR Part 15), Department of Justice (28 CFR*Parts 42 and 50) and FNS directives or regulations issued pursuant to that Act and the Regulations, to the effect that no person in the United States shall, on the basis of race, color, national origin, age, sex or handicap, be excluded from participation in, be denied benefits of, or be otherwise subject to discrimination under any program or acti- vity for which the county received Federal financial assistance from the Depart- ment of Agriculture; and hereby gives assurance that it will immediately take any measures necessary to effectuate this Agreement. By providing this assurance, the county agrees that it will take positive and specific action to implement a public notification program throughout its jurisdiction which encourages participation and informs all potential participants, particularly minorities, of the availabilty of the program, the policy on nondiscrimination and the procedures for filing a complaint. 9. The county shall insure that recipients are advised that the products they receive are not to be sold or exchanged. 10. The county shall insure that emergency feeding organizations provide adequate facilities for the handling, storing, and distribution of surplus products in accordance with the USDA Food Storage Guildlines provided. These -facilities shall be such as to properly safeguard against theft, spoilage and other loss. Losses of any kind must be reported to the Colorado Department of Social Services, Food Assistance Section, Donated Foods Unit as soon as they are discovered by the emergency feeding organization. aw Surplus Products Distribution Agreement Page - 3 11. This Agreement may be terminated within 30 days written notice at the option of either party. STATE OF COLORADO DEPARTMENT OF SOCIAL SERVICES DATE APPROVED George S. Goldstein, Ph.D. Executive Director BOARD OF Eagle COUNTY COMMISSIONERS Signature and Title of Chairperson or Representitive PliO—W!iA NsffipwsEil This Agreement must be signed and returned to Food Assistance Section, Donated Foods Unit, 3770 East 40th Avenue, Denver, Colorado 80205.