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HomeMy WebLinkAbout72-168/~ ~ RESOLUTION APPROVING AGR~EMENT AND AUTHORIZING THE CHL~IRMi9N OF TFiE BOARD OF SUPIItVISORS TO EXECUTE ON BEHALF OF THE COU~I~'Y OF BUT'~~ NOW, THEREFORE, BE IT RESQLVED that the County of Bu.t~e approves the attached Agreement between the County of B€~tte and the United States Postal Service and hereby authorizes the Chairman of this Board to execute said Agreement on behalf of the Coun~y o£ Bu~te. PASSED AND ADOPTED by the Butte County Board of Supexvisors this 26th day of ~ September , 1972, by ~he following vote: AXES: Sup,erviso~s Douthit, Lad.d, Madigan and Chairman Gi~mari. '~-~;uN ~~---"NOES: Supervisor 144a.xon. ABSII~tT: None NQT VOTII~G: None ATTEST: CT,ARK .A. NELBON, County C1erk and ex-officio C1erk of the Board of Superviso~s By~~h~e ` 1 2'~ 3 4 5 6 7 8 • 9 10 11. I2 13 14 Z5 is 17 18 ].9 20 2I 22 23 24 2S 26 AGRTE~J~NT BY AND BETWEEN TIi~ COUNTY OF BIITTE AND _ UNITED STATES P05TAL SERVICE FOR SERVICES UNbER THL PUBLIC.ASSISTANCE WITHHOLDTNG (PAW) PRO- VISIONS OF TH~ FOOA STAMP PROGI2AM THIS AGREEMENT, made and entered into this 26th day of ~ September , 1972, by and between the CQTJNTX 4F BUTTE, hereinafter sometimes called "County" and the UNITED STA'TES POSTAL SERVICE, hereinafter some~i.mes called "Agent;t, provides for the mailing of food stamp coupons i.n connec~i.on wi.th ~.he public assistance withholding provisions ot the Food Stamp Program being operated in the County of But~.e. Section A. The County h.ereby agrees as follows: 1. ~'o certify households eligible for food stamp coupons (hereina~ter referred ~ro as "coupons") and furnish monthly to the Agent, a print-out o£ ho~seholds eligible ~o re- cei~e food stamp coupons for the following month under the "Public Assist~ance FTithholdi.ng~N plan of issuance; such ~.zsts to include: a. The name and mailing address of each such household. b, The value of the food stamp coupons to be issued to that hou.sehold. c. The amount withheld from each recipient. d. To £urnish an advanced cash deposit of an agreed amount into an ",Advanced Deposit Fund" prior to the first mailing and further agree to replenish the fun.d monthly upon receipt of a monthly statemen~ of postage charges from the Agent. 2, To furnish Agent with envelopas and address labels showing the ho~sehold's name and address. Envelopes 1 f 2I C 3 ~~ 5I 6 7 8 9 ~.o 13. 12 13 14 15 16 17 18 19 20 i'. 2Z ~: I~ 2~ ~ 23 ' 24 25 ~; I `Z G i: will show the return address o~ the County and contain the statement: DO NOT FORWARD__ RETfJRN_TO SENDER. 3. To furni.sh .Agen~r wi.th znstructions from time to time on the records to be ~cept and repoxts ta be made, and to supply report forms. 4. To pay to Ag.ent a fee of $,.80 per single transaction, plus pos~age charges, each mailing of coupons being defined as a single transactian, with payments to be made mon~hly. 5. To provide faci~ities for PAW par~icipants who ~rish to return their full coupon allotment and receive immediate cash payment of the withheld purchase requiremen~. 6, To return to Agent for inc~usion in its Foad 5tamp inventory, a11 undelivered food coupon allotmen.ts and those full coupon allotments re~urned by participants for cash xefunc~s. Section B. In co,nsideration af ~he fo~egoing undertakings by the County, Agent hereby agrees as tolioWS: l. To order from Food and Nutrition Service, Western Region Office, San Francisco, periodically, suf£icient supplies to maintain three or four mon.th's inventory of coupons for use ~.n ~na~l.ing to el.igible (PAW) households. 2, To give receipts and keep records af all de].iveries and inventorys and to malce such records available upon request to representatives of the I3nited States Government, the State of California, and the County, at any reasonable time. 2. 1 2 3 4 5 6 7 8 9 IO Z1 12 13 14 15 16 ~ 17 18 19 20 21 22 23 2~4 25 26 3o To provide pxotective storage and delivery o~ coupons to branch issuance outlets charged wzth ~esponsibility for mailing coupons to eligible ho~seho~ds. 4. To mai~ coupons to each household pursuant to tna print-out described in Section A, paragraph 1 by First Class U. S. Mai1 anfl furnish county with a month~y statement of postage costs af mai~ing, and refund to County any residual balance in the ~'Advanced Deposzt Fund~u upon termination of the contract, 5. To maintain records of coupons received, issued and on hand as defined in current State and Federal xegulations. 6. To complete monthly the appropriate part of a Food Coupan Book Report.(FN5-250) certifying inventary and coupon issuance, and forward it with the print-aut described in Sect~on A, paragraph I, validated to reflect issuance to each household, to the county wel£are departmen~ not later than th~ fourth woxki.ng day following the last day of the month. County Snaii complete a FN5-250 to submit to FNS, and retai~ the Postal Service certified FNS-250. 7. To conduct tha mail~.ng of coupons with due care and diligence and to indemni~y the County against loss resulting ~rom any loss or shortage of coupons, however caused except clai.ms pursuant to SDSW Manual. Let~er No. 185, Sec. 63-IlB arising out of the 3.oss, miscarriage, or negligent transmisszon ot Ietters or postal matter. Failure of the Agent to account for 3. _ _... _ _,... . _ _ _ . _ __- . I , ~ ~ . ~ ~ ~~ i 2 3 4 5 6 7 8 9 10 l~ 12 13 I4 1~ is 17 18 19 20 2I 22 23 24 25 26 all coupons shall be presur~ptive proof of loss or shortage. The amount of such indemni~y shall be the face va~ue of the coupons lost, or short, except ~n the case of proven destruction of caupons by fire or other casualty, in which case the indemnity shall be the cost of replacing the couponso 8, To keep all records ir. connection with t he mailing of coupons for a pexiod of four years and to make such 3a . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Z5 ~6 17. 18 19 20 21 22 23 24 25 26 records availab~e to audit by representatives of the Uni~ed State; Government, the State of California, and County, at any reasonab~e t ime . 9. Agent assures the County that in carrying out its responsibili.ties in connection with the mailing of coupons under the Food 5tamp Program, it is in compliance anc~ wi11 comply with the requirements imposed by or pursciant to Part I5 of T'itle 7, CFI2, of the Regulations of the United States Department of Agrical~ure, to ~rhe end that no person sha3.1, on the ground of race, color, or national origin, be subject to diserimination in the mailing cf~'coupons. This assurance is give.a in consideration of and for th.e purpose of obtaining payment of food coupons to eligible households. This assurance shall obligate the Agent for ~t-~B period during which this contract is in effecti, The Contractor recognizes ancl agrees that Fed~ral finar3.cial assistance will be extendec~ to the County zn reliance on the representations and agreements made in thzs assurance, and that either the State of Califoxnia, the Countq, or the United States, or a11 three shall have the right to seek judicial enforcement of this assuranc 10. To comply with the confidentiaZity provisxons of USDA-FNS, HEW and State regulations. 11. To make an accounting and settl.ement immediate~ ly affi er Decemi~er 31st and ,Tune 30~h of each year of coupon overages or shortages. I~ makzng this accounti.ng and settlement, coupon book overages shaJ.l be applied against coupon boolc shortages. Coupon book overage,s remain~.ng after offsets shal.J~ 4. 1 2 3 4 5 6 7 8 9 10 ii 12 ~~ 14 15 ~6 17 18 19 20 2I 22 i 23 ' 24 23 26 not .be carried into the next accounting period but will be treated as no longer available for offset. Coupon book shortages remaining after offsets have been made, as speci~ied above, shall not be carri~d into the next-accounting period, but s~ch amounts wi11 be o~fset at par from amounts due tne Contractor for service fees at the end o~ each accounting period. 12. It is understood that the County sha11 not be 1iab~e to the Agent for claims for injuries or damages of any kind which officers or employaes o~ the Agent may suffer in the performance o£ duti~s entered into pu~suant to this agreement. Section C. The parti~s to this agreement hexeby mutually agree: i. That this agreement shall become operative on th date first written, or as soon thereafter as all of the approvals and signatures necessary to th~s contrac~ have been obtainedo 2. At any time after this agreement has been in effect for a per~od of ninety (90) days or longer, the fee payment and any ather matter may be reviewed at the request of either party. Such changes, ~f any, to consti~ute an amendment to this agreement. 3. This agreemen~ and/or any amen.dments thereto sha11 rema9.n in force un~il such date when the Governmenfi of the United States shall discontinue the Food Stamp Program in the area or areas in which the Postal 5ervice has an office or ottices and which has been designated as a Food Stamp Program area or unless terminated gursuant to Sectiion 4 below. 5. 1 2 3 4 5 8 7 8 9 10 I1 ~2 13 ~~ 15 I Z6 ' 17 'i 18 i, J.9 III 20 2~- I 22 I 23 '' 24 2~ 2s ' 4. This agreelnent and/or any amendments thereto may be ended, terminated, cancelled, or revoked by ezther party giving sixty (60) days' notice thereof in writing to the otl~e r party. 5. The Director of the Social Service Department of the County, or his authorized representative, shall be authorized to ac~ on behalf of, and to give and receive notices, for ~he County. 6. An officer o~ the Agent shali be authorized to act on behalf of and to give and receive nofiices for the Postal Se~vice. IN WITNESS WHEREOF, t~e parties hereto have caused this ag~eement to be executed by their duly authorized officers on the day and year first above written. LfNITED STATES POSTAL SERVTCE Signed: By COUN~X F BUTTE ~ Signed: By GIL , airman o t e Board of S rvisors ATTEST: CLARK A. NELSON, Coun~y Cler~: and ex-officio Clerk of the Board o~ Supervisors 1 ` ~y -- ;?P20'~f D AS TO FORM Sui•Fe County Counsej Daniel V. Blaekstoek cy ....__/.._.-~._,~ ~~~/'~ ~,o/~° Ar7rove~ {:;r ~i_c;i~ ;;c~siro~~ st~~jCC'h ~o ~aucg.~ , ,~roNriai~ion. Auditor'~ (~`r'r.= 3y ...._~~~ ...G~/l.~,.c~_ ~ ~~v,rf7~,