Resolution 2020-31314 RESOLUTION NO. 2020-31314
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED AGREEMENT BETWEEN
THE CITY OF MIAMI BEACH AND FARM SHARE, INC., WHICH WILL
ALLOW THE CITY TO BECOME A DIRECT LOCAL DISTRIBUTION
AGENCY UNDER THE FEDERAL EMERGENCY FOOD ASSISTANCE
PROGRAM ("TEFAP").
WHEREAS, on March 11, 2020, the World Health Organization declared the
rapidly spreading novel coronavirus ("COVID-19") a pandemic, acknowledging what has
seemed clear for some time — the virus will likely spread to all countries on the globe;
and
WHEREAS, the rate of infection throughout the world and in the US has
accelerated rapidly, grinding most markets and businesses around the globe to a halt;
and
WHEREAS, the foregoing closures have greatly limited economic activity in the
City of Miami Beach, and continue to adversely impact City businesses and households
in a variety of ways, including mass unemployment and the correlating need for
emergency services including food, rent, and utility assistance; and
WHEREAS, Farm Share is a 501(c)(3) non-profit organization that works daily to
make sure that food-insecure Floridians receive the food and support they need; and
WHEREAS, Farm Share distributes food to the community through its expansive
network of over 2,000 non-profit agencies, including soup kitchens, food pantries,
homeless shelters churches, and senior centers across Florida, free of charge; and
WHEREAS, Farm Share also administers the USDA the Emergency Food
Assistance Program ("TEFAP") in Miami-Dade, Monroe, Duval, Baker, Bradford, Clay,
Nassau, Union, Alachua, Levy, Flagler, Putnam, and St. John counties; and
WHEREAS, TEFAP is a federal program that provides canned, shelf-stable goods,
and frozen foods for low-income households at no cost; and
WHEREAS, in addition to responding to food requests through funds it had
available through the Emergency Food and Shelter Program, the City, allocated funds to
be used to purchase and distribute food to approximately 400 individuals and families a
week; and
WHEREAS, the City program is supplemental to the many other food distribution
programs ongoing in the City of Miami Beach; and
WHEREAS, in the wake of accelerating spread of COVID-19 and new closures of
businesses, it is estimated that the need for food distributions will be sustained for months
to come; and
WHEREAS, the City has the opportunity to become a directlocal distribution
agency under TEFAP through Farm Share; and
WHEREAS, status as a direct local distribution agency under TEFAP will enable
the City to receive federally donated food directly from Farm Share's warehouse in
Homestead, Florida, at no cost, and distribute the food; and
WHEREAS, the City will save hundreds of thousands of dollars in costs by
• becoming a direct local distribution agency through Farm Share as opposed to purchasing
these same foods from vendors; and
WHEREAS, the agreement between Farm Share and the City will be perpetual,
unless otherwise terminated by Farm Share or the City of Miami Beach.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby authorize the City Manager to execute the attached Agreement
between the City of Miami Beach and Farm Share, Inc., which will allow the City to
become a direct local distribution agency under the federal Emergency Food Assistance
Program.
PASSED and ADOPTED this /7 day of July, 2020.
ATTEST:
Dan Gelber, Mayor
Raf2E. G ana , C y Clerk ,,,4„ ,i,
/ , `cn., ,••.
(sponsored by Commissioner David Richardson) P IlliC0 0RATED,0
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APFRO\,cD AS TO
FORM & LANGUAGE
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City Attorney 4 Date
Resolutions - R7 C
M I AM I BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: July 17, 2020
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF.MIAMI
BEACH AND FARM SHARE, INC., WHICH WILL ALLOW THE CITY TO
BECOME A DIRECT LOCAL DISTRIBUTION AGENCY UNDER THE
FEDERAL EMERGENCY FOOD ASSISTANCE PROGRAM ("TEFAP").
RECOMMENDATION
Please see Memorandum attached.
Applicable Area
Not Applicable
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner David Richardson
ATTACHMENTS:
Description
❑ Commission Memorandum
❑ Resolution
Page 35 of 74
M I AM 3 EAC-1
OFFICE OF THE CITY ATTORNEY
RAUL AGUILA, CITY ATTORNEY COMMISSION MEMORANDUM
TO: MAYOR DAN GELBER
MEMBERS OF THE CITY COMMISSION
JIMMY L. MORALES, CITY MANAGER
FROM: RAUL J. AGUILA, CITY ATTORNEY .-9-- C
DATE: July 17, 2020
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED AGREEMENT BETWEEN THE CITY OF MIAMI
BEACH AND FARM SHARE, INC., WHICH WILL ALLOW THE CITY TO
BECOME A DIRECT LOCAL DISTRIBUTION AGENCY UNDER THE
FEDERAL EMERGENCY FOOD ASSISTANCE PROGRAM ("TEFAP").
Pursuant to the request of Commissioner David Richardson, the above-referenced Resolution is
submitted for consideration by the Mayor and City Commission at the July 17, 2020 City
Commission meeting.
The Resolution authorizes the City Manager to execute the Agreement between the City of Miami
Beach and Farm Share, Inc. (see Exhibits A and B) in order to allow the City to become a direct
local distribution agency under the Emergency Food Assistance Program ("TEFAP"). The City's
status as a direct local distribution agency under TEFAP will enable the City to receive federally
donated food directly from Farm Share's warehouse in Homestead, Florida, at no cost, and
distribute the food to the community. The City will save hundreds of thousands of dollars in costs
by becoming a direct local distribution agency through Farm Share as opposed to purchasing
these same foods from vendors.
The agreement between Farm Share and the City will be perpetual, unless otherwise terminated
by Farm Share or the City of Miami Beach.
RA/FA/pps
Page 36 of 74
FARM SHARE,Inc.
AGREEMENT BETWEEN CONTRACTED DISTRIBUTING AGENCY AND
LOCAL DISTRIBUTING AGENCY WHO WILL FURTHER DISTRIBUTE USDA
TEFAP FOODS
This Agreement,hereinafter called the"Agreement,"made this 08 day of July 20 20
by and between the Contracted Distributing Agency, FARM SHARE,Inc.
called the "Contracted Distributor",whose address is 14125 SW 320th Street
city of Homestead and City of Miami Beach
called the"Local Distributing Agency",whose address is 1700 Convention Center Dr. 4th Floor
city of Miami Beach ,county of Miami-Dade
This agreement is for the distribution of the Primary Distributor's United States Department of
Agriculture (USDA) donated commodities under The Emergency Food Assistance Program
(TEFAP)by the Local Agency in the following county/counties: Miami-Dade
AGREEMENT PERIOD: Perpetual, unless otherwise terminated by Farm Share, the City of
Miami Beach or Agency, in accordance with this Agreement, or changes to the USDA
TEFAP regulations require execution of a new contract. This Agreement Period is also
contingent on the agency attending the required Farm Share TEFAP annual training.-
In consideration of the mutual premises hereinafter contained, the parties agree that this
Agreement will be performed in accordance with the following conditions.
L Local Distributor attests that:
1. It is an emergency feeding organization as defined in 7CFR251.3.
2. It is located within the Contracted Distributor's designated service area.
IL Local Distributor agrees to:
1. Administer and distribute TEFAP USDA donated food in compliance with
the requirements of 7CFR 251, 7CFR 250 (as applicable), all pertinent
policies, rules, regulations, and any procedures established by the USDA and/or the
Florida Department of Agriculture and Consumer Services.
2. Distribute USDA TEFAP USDA donated food only to benefit eligible people served
in its designated service area.
3. Determine eligibility of households prior to issuing any TEFAP USDA donated food
for household consumption. In the case of self-declaration, to use the current
income eligibility chart issued by the Florida Department of Agriculture and
Consumer Services, Bureau of Food Distribution,prior to July 1 of each year.
Page 1of4
Page 39 of 74
4. Use TEFAP USDA donated food only for distribution to eligible households or for
congregate feeding. TEFAP USDA donated food shall not be sold, exchanged, or
otherwise disposed of without the approval of the Florida Department of Agriculture
and Consumer Services.
5. Allow the Florida Department of Agriculture and Consumer Services access to or
furnish whatever information/documentation is necessary for the Department to conduct
reviews, and monitor progress or performance to determine conformity with intended
program purposes. The Local Distributor shall permit representatives of the
Department or USDA to visit its sites or Local Distributor sites; inspect donated food
in storage, or the facilities used in handling or storing donated food; to monitor
distributions, and to review and audit all records pertinent to TEFAP at any reasonable
time during normal working hours.
6. Not solicit donations in any manner from clients or require any client to pay for
TEFAP USDA donated food,join any organization or group, attend or participate in a
religious practice or service, or any other activity unrelated to the distribution of
TEFAP USDA donated food, as a condition for receiving TEFAP USDA donated food.
7. Attend training provided by the Contracted Distributor regarding TEFAP, Civil Rights,
etc., as required, and train staff on a regular basis and not less than annually on all
aspects of TEFAP,Civil Rights laws,policies and requirements,etc.
III. Receipt of Commodities. Local Distributor must sign a receipt for any TEFAP
USDA donated food received. The receipt must include number of cases of each
TEFAP donated food, name of the Local Distributor receiving the TEFAP USDA
donated food, date and recipient's signature. The Contracted Distributor shall maintain the
original signed receipt in its files. The Local Distributor should keep a copy of the receipt
for its files.
IV. Issuance Records.
1. Food Pantries. Emergency feeding organizations (EFO) distributing TEFAP
USDA donated food to households for home consumption must certify the client's
eligibility, using the appropriate form and income guidelines provided by the
Contracted Distributor for this purpose. Eligibility certification is valid for one year
and may be renewed unless client's circumstances change so as to make them ineligible.
The EFO must keep a record of the names of all households receiving food each
day. Recipients should sign a receipt or list each time they receive food. Federal
regulations do not require keeping a record of the specific TEFAP food or quantities
issued to each household.
Page 2 of 4
Page 40of74
2. Soup Kitchens. Maintain record of number of meals served daily. Sites do not have to
maintain records of the names of people to whom they serve meals, and meal
recipients do not have to sign for their meals.
V. Termination. This agreement may be terminated by either party, without cause, upon no less
than thirty (30) calendar-days notice, unless a lesser time is mutually agreed upon by both
parties. Said notice shall be delivered in writing by certified mail, return receipt requested, or in
person with proof of delivery.
VI. Storage Facilities. The Local Distributor certifies that it has the proper facilities for the
storage and protection of TEFAP USDA donated food. Local Distributor agrees to take a daily
temperature reading of the storage areas, dry, freezer and cooler, where TEFAP USDA
donated food is stored. Internal thermometers must be used when taking temperatures in the
freezer and cooler storage areas.USDA considers any loss of TEFAP USDA donated food due
to refrigeration or freezer failure as negligence and subject to loss claim action.
VII. Records Retention. All records, documents, etc., required by USDA regulations, policies, or
this agreement, must be retained for three years following the close of the federal fiscal year to
which they pertain.
VIII. Civil Rights Complaints. Local Distributor must establish a procedure for receiving and
handling Civil Rights complaints.Local Distributor must forward complaints alleging
discrimination based on one of the protected classes to the Contracted Distributor immediately
upon receipt.
IX. Civil Rights Certification. "In accordance with Federal civil rights law and U.S. Department
of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices,
and employees, and institutions participating in or administering USDA programs are
prohibited from discriminating based on race, color, national origin, sex, disability, age,
or reprisal or retaliation for prior civil rights activity in any program or activity
conducted or funded by USDA.
Persons with disabilities who require alternative means of communication for program
information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should
contact the Agency(State or local) where they applied for benefits. Individuals who are deaf,
hard of hearing or have speech disabilities may contact USDA through the Federal Relay
Service at (800) 877-8339. Additionally, program information may be made available in
languages other than English.
Page 3 of 4
Page 41 of 74
To file a program complaint of discrimination, complete the USDA Program Discrimination
Complaint Form,(AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html,
and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the
information requested in the form.To request a copy of the complaint form,call(866)632-9992.
Submit your completed form or letter to USDA by:
(1) Mail:U.S.Department of Agriculture- Office of the Assistant Secretary for Civil
Rights - 1400 Independence Avenue,SW-Washington,D.C.20250-9410;
(2) Fax:(202)690-7442;or
(3) Email: program.intake@usda.gov.
This institution is an equal opportunity provider."
Signed by parties to this agreement:
FARM SHARE,Inc.
Name of Contracted Distributor
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0:1U DIRECTOR—USDA PROGRAM
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N ac Signature of Authorized Representative Date
Pi C4
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ZU 0 City of Miami Beach
• W H Name of Local Distributing Agency
a
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WSignature of Authorized Representative Date
Baa
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
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City Attorney
Date Page 4 of 4
Page 42 of 74
Date: Time: SNAP Date:
Location: 505—17th Street.
Head of Household Name Current Household Income
Address Zip Code •
331
Telephone Number Email Address
INFORMATION ON ALL HOUSEHOLD MEMBERS
Name Date of Birth Receiving Food Stamps Amount of SNAP
❑ Yes ❑ No o Not Eligible $
Name Date of Birth Receiving Food Stamps Amount of SNAP
❑ Yes o No o Not Eligible $
Name Date of Birth Receiving Food Stamps Amount of SNAP
❑ Yes o No o Not Eligible $
Name Date of Birth Receiving Food Stamps Amount of SNAP
❑ Yes o No o Not Eligible $
Name Date of Birth Receiving Food Stamps Amount of SNAP
❑ Yes o No o Not Eligible $
Name Date of Birth Receiving Food Stamps Amount of SNAP
❑ Yes o No o Not Eligible $
I understand that this release authorizes an exchange of information between the City and its Partner agencies in order to provide me and/or
my family with the most complete and thorough services available. This authorization enables the City of Miami Beach to obtain and verify
information provided or needed for the purposes of service delivery or referral.
"In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its
Agencies,offices,and employees,and institutions participating in or administering USDA programs are prohibited from discriminating based on
race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or
funded by USDA.
Persons with disabilities who require alternative means of communication for program information(e.g.Braille,large print,audiotape,American
Sign Language, etc.),should contact the Agency(State or local)where they applied for benefits. Individuals who are deaf, hard of hearing or
have speech disabilities may contact USDA through the Federal Relay Service at(800) 877-8339. Additionally, program information may be
made available in languages other than English.
To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at:
http://www.ascr.usda.gov/complaint filing_cust.html,and at any USDA office,or write a letter addressed to USDA and provide in the letter all of
the information requested in the form.To request a copy of the complaint form, call (866)632-9992. Submit your completed form or letter to
USDA by:
(1)mail:U.S.Department of Agriculture
Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue,SW
Washington,D.C.20250-9410;
(2)fax:(202)690-7442;or
(3)email:program.intake@usda.gov.
This institution is an equal opportunity provider".
Unless revoked in writing, this release shall remain in force for a period of 24 months from the date of authorization. My signature below
indicates that I have been informed of and understand the eligibility information provided within this form and certify that it is true and correct
and subject to verification.Any false or misleading responses or submissions on my part may lead to the refusal of services.
The City does not share client information with any agency or individual without written consent by the client or court-ordered authorization in
the form of subpoena or judicial order.
Client Signature Staff Signature
Date Date
APPROVED AS TO
Client Name—Printed Staff Name—Printed FORM&LANGUAGE
&FOR EXECUTION
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City Attorney Date