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HomeMy WebLinkAbout69-139BOARD OF SUPERVISORS COUNTY OF BUTTE. STATE OF CALIFORNIA Resolution No. 69-139 RESOLUTION APPROVING EXECUTION OF AGREEMENT FOR DISTRIBUTION OF DONATED FOOD WITH THE STATE DEPARTMENT OF EDUCATION, ANA AUTHORIZING KEIF MELBERG, DIRECTOR OF THE DEPARTMENT OF SOCIAL WELFARE. TO SIGN AGREEMENT WHEREAS, the County of Butte desires to enter into an Agreement For Distribution of Donated Food with the State Department of Education, for commodities donated by the Agricultural Market- ing Service, U.S. Department of Agriculture, to the State Educational Agency for Surplus Property, to be distributed to persons who have been certified as needy by the County Welfare Department, NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the County of Butte, State of California, as follows: 1. That the Agreement For Distribution of Donated Food, a copy of which is attached hereto, is hereby approved by this board, and KETF MELBERG, Director of the Department of Social Welfare, is hereby authorized to execute said agreement on behalf of the County of Butte. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, this 5th day of August, 1969, by the following vote: AYES: Supervisor Howsden, Supervisor Reynolds and Ghairma.n McKillop NOES: Supervisor Dunaway and Supervisor Maxon ABSENT: None ~ J K McKT LOP, irman o t e to County Boar of Supervisors ATTEST: CLARK A. NELSON, County Clerk and ex-officio Clerk of the Board of Supervisors By ~ ~' ~ `~~.- ~- SEASP 103E s .. L_~ Institution and Welfare Agreement Number STATE DEPARTMENT OF EDUCATION STATE EDUCATFONAL AGENCY FOR SURPLUS PROPERTY 721 CAPITOL MALL SACRA~tiiENTO, CALIFORNIA 9?"814 AGR~E~d~P13' FGR DI~'I'IIID~ITIG~1 ®~' D®~IA'I'ED ~'®®D Butte County .Department of Social Welfare hereinafter called the Recipient Agency ' (FULL NAME OF APPLICANT) Mailing address 42 County Center Drive, P. 0. Box 1649 (STREET OR ROUTE ANI) BOX NUMBER) . Oroville 95965 Butte (CITY) ~ ~ ~ (ZONE) (COUNTY) hereby makes application for commodities donated by the Agricultural Marketing Service, U. S. Department of Agriculture, to the State Educational Agency for Surplus Property, California State Department of Education, hereinafter called the State Agency, for use and disposition in accordance with the terms and conditions appearing on the reverse side hereof which by reference are incorporated herein. The feeding program is operated in (^ atax-supported agency) o; (^ a private, nonprofit agency) and is operating a nonprofit feeding program of the following type: (Check one. J Check thatype of Recipient Agency that is making application and report the average number of eligible persons and meals served: 1. (.)Serving meals per day to a daily average of children of high school age and under for r, 2 OR 3 NUMBER ~ NUMBER weeks and days during the mon#hs of June through September in a Summer Camping Program located at NUMBER 2. ( )Serving meals per day to a daily average of needy persons in an institution of the following type: 1, 2 OR 3 NUhIBER (Check one.J (a) ( ) Hospital (b) ( ) Home for the needy aged (c) ( ) Child care center and orphanage or home for needy children (d) ( ) Nonpenal correctional institution for minors (e) ( ) Mission or kitchen for feeding needy homeless (f) ( ) Other fSpecifyJ 3. (~ PubGc Welfare Agency which issues food to an average of 3 ~ 000 needy persons per month for preparation in their own homes NUMBER This agreement shall remain in full force and effect until written notice to the contrary is given the State Agency. f, the agent authorized by the governing board of the Recipient Agency This application when approved by the State Agency shall constitute an (or by the chief administrative officer of a Recipient Agency which has _ agreement which shall remain in full force and effect untJ written no governing board) to enter into this agreement, certify that the ~ notice to the contrary is given as provided in Paragraph 8 of the Terms information presented is accurate and agree to the terms and conditions and Conditions. of this agreement as they are presented on the reverse side of this form. Butte Count. De artinent of Social Welfare NAME OF RECIPIENT AGENCY Approved: SIGNATURE OF AUTHORIZED REPRESENTATIVE County Welfare Director August. 4, 1969 DATE CHIEF SURPLUS PROPERTY OFFICER __ __ _ I. ~' 3 } f... . 1. The recipient agency shall not be responsible for the commodities unless same commodities are, through spoilage or contai;Etination, unfit for human consumption as a direct result of the gross negligence of the recipient agency. The recipient agency shall, in the event of spoilage, through. gross negligence, be responsible only to the extent of the actual -lass of said spoiled commodities to the Aepartment of ~gricultlzre. c~: ;~ TERMS AND CONDITIONS r 1. Commodities will be mques[ed and accepted only in such . yuantiUcs us can and will be tutly -utilized without waste. Any Reuipicnt Agency requesting and accepting commodities in such quantities that cmtnot be consumed in Ehe period fur which they were a3locatad may be held tiuancialy responsible for any spoilage or contamination teltich results in the foods being unfit for human consumption. If any commodiUcs arc on bond which cannot be efficiently utilized,. a report will be made to the S[aii; Agency, reyuesting disposition instruclion~. Z. Commodities received under this agreement will be used solely for- the benefit of those persons carved or assisted by the Recipient Agency and will not be othcr(eisc disposed of without prior written approval of the Stela Agency. UNDL'R NO CIRCUSf- STANCES W[LL USUA CO~L~IOllITIES BG SOLD OR TRADED. Normal tbod expenditures wil3 not be reduced because of the receipt of commodities. No commodities will be processed commercially without the prior written consent of the State Agency. 3. Facilities for the proper handling, storing, and preparation of commodities requested and accepted dill be provided.The State Agency and Ute United States Department of Agriculture are authorized to inspect the conunoditics in storage or the fuuil[tics or warehouses used in the handling or storage of Commodities at any reasonable time. 4. Commodities received wil! be served in a common dining room wherever possible, and there will be no distinction or segregation whatever beriveen paying and nonpaying persons in the type of meals served and the manner of serving. 5. Containers with commercial resale v:due received with the com- modities donated by the United SL•ttes Department of Agriculture will be -used by the Recipient Agency or sold and all proceeds deposited to the account of the (ceding program. If fire and/or _ theft insurance is/arc Carried and loss of, or damage to, commodi- ties is suffered from these causes, a claim for the full fair vattte of such losses will be fded and a complete written report tnade to the State Agency. All payments received for such losses wID be disposed of as instructed by the State Agency. Upon the happening of any event creating a claim in favor of a Recipient Agency against a warehouse, or other person, for the improper distribution or loss of, or damage to, a commodity, the Recipient Agency will take all action necessary to obtain restitution. A complete report -will lie made to the State Agency, and instructions for the final disposition of any funds Collected will be requested in writing from the State Agency. ' 6. Books and records pertaining [o the receipt and use of commodi- ties will be kept For a period of not Icss than three (3) years from the close of the federal fiscal year to which they pertain and reports furnished [o the-State Agency as required. As a minimum, these books and records wiU contain the following: (a) a record of all conunoditics received including date and yuandty; (b) an invrntury record of donated commodities on hand at the end of welt month; and lc) a record of container use and an accounting of uU funds derived tram the sale u!' empty containers. The State _ Agency and the United States Department of Agriculture are authorized to inspect and audit nll bunks and records pertaining to UtC program, including linaneial records. at any reasonable time and plaeC [o insure Coiupliance with the above conditions. 7. Offering forms and delivery receipts mailed by the State Agency will be promptly' completed and roturned by the Recipienf Agency. Invoices• received frotu the State Agency for service and handling charges on food ordered and received will be paid promptly. B. Either agency may terminate this agreement by giving tltaty (30) days. notice in writing to the other party. The State Agency may cancel this agreement immediately upon receipt of evidence that Ute terms and conditions thereof have not been fully complied with. Subject Ya such notice of termination or cancellation of the agreement, the Recipient Agency agrees to comply with flte instructions of the State Agency, either (a) to distribute alt remaining inventories of the United States Department of Agricul- ture Commodities in accordance with the provisions of this agreement or (b) to return such inventories to the State Agency and to h'ansmit such reports as are required by the State Agency to record final disposition of such inventories. 9. Welfare Agencies will distribute commodities only to persons who have cooking facilities and who have been certified as needy by the County Welfare Depar[ntenl. !0. Welfare Agencies will not reduce grunts or similar aid because of the receipt of commodities. 11. Under no Circumstances shall welfare recipients be required by Welfare Agencies to make any payment in money, materials, or services for or in Connection with the receipt of conunoditics, and such recipients shall not be solicited in connection with the receipt of commodities for voluntary cash contributions for any purpose.' 12. Distribution of commodities by R'elfate Agencies shall not be used as a means for furthering the political interest of any individual or party, and there shall be no discrimination in the distribution of commodities because of race, creed, or color. 13. Welfare Agencies shalt provide udeyuate personnel to operate and supervise the commodity distribution program. i4. The Recipient Agency (Camp, lnstitution, or Public Welfare Agency) assures the State Educational Agency for Surplus Prop- erty that in its administration of Distribution Programs it will comply with all requirements imposed by or pursuant to Part 15, Subpart A of Title 7, CFR, of rho regulations of the United States Department of Agriculture (29 F.R. i6274) (C'ivil Rights Act of 1964). Federal food. assistance is extended in reliance on the repres'entationsm~de herein. The State Educational Agency for Surplus Property reserves the right to discontinue immediately further sbipincnts of United States Department of Agriculture donated foods Eo any Recipient Agency which fails to comply with the general intents and purposes s'et forth th this agreement or any .instructions i+sucd pursuant hereto. Either the State Educational Agency for Surplus Property or the United States Department of Agriculturq or both, shall have the right to take further action through available means when considered necessary,including prosecution underapplieabla State and FederaE statutes or other judicial means of enforcement. PfsB-I86 6.6v lM ~..-.