SANTA CLARITA VALLEY SCHOOL FOOD SERVICES AGENCY
25210 Anza Drive
Santa Clarita, California 91355
AGREEMENT FOR DISTRIBUTION SERVICES FOR DELIVERY OF END PRODUCTS CONTAINING U.S. DEPARTMENT OF AGRICULTURE FOODS TO ELIGIBLE SUPER CO-OP MEMBERS IN THE STATE OF CALIFORNIAThis Agreement is entered into between ______, (hereinafter “Vendor”) and the Santa Clarita Valley School Food Services Agency (hereinafter “SCVSFSA”) (collectively the “parties”) this ____ day of ______, 2014
RECITALS
WHEREAS, the SCVSFSA as Lead Agency of the SUPER Cooperative has authority to contract for administrative services on behalf of all Recipient Agencies of the SUPER Cooperative and has authority to enter into this Agreement with Vendor.
WHEREAS, the SCVSFSA desires Vendor to perform delivery services of processed commodity items for the SUPER Cooperative members and
NOW THEREFORE, the parties mutually agree as follows:
DEFINITIONS
As used in this Agreement the following terms are defined as follows:
a. “Lead Agency” means:
The Santa Clarita Valley School Food Services Agency is the Lead Agency for the Super Cooperative as of the date of this Agreement.
The Lead Agency’s duties may be conveyed to another Recipient Agency for any reason whatsoever during the duration of this Agreement, by mutual consent of all parties to this Agreement. This Agreement may be assumed by the new “Lead Agency” and the terms of this Agreement will be fulfilled for the duration of the Agreement period.
b. “Recipient Agency” or “RA” means:
An individual member organization of the SUPER Cooperative certified to receive USDA commodities for school meals. A list of SUPER Cooperative member RA’s is incorporated into this Agreement as Appendix A.
c. “SUPER Cooperative” means:
The California cooperative consisting of public school agency members for the purpose of obtaining commodities for school food services.
A. TERM OF THE AGREEMENT/ EFFECTIVE DATE OF AGREEMENT
The term of this Agreement shall be one (1) school year (starting July 1, 2014 through June 30, 2015).
The Agreement may be extended upon mutual consent of the SCVSFSA and Vendor for an additional four (4) one-year periods in accordance with California Education Code sections 17596 (K-12) and 81644 (Community Colleges.) The total potential bid life is five (5) years from the initial Board of Directors bid award.)
Distributor Expectations for Performance in California
This SCVSFSA Agreement is hereby entered into between ______(Distributor name) and the SCVSFSA. This agreement shall become effective on July 1, 2014 and will terminate on June 30, 2015. This agreement may also be terminated by either party upon thirty (30) days written notice to the other.
Said distributor agrees to perform as its part of this agreement, the distribution of commercial end products containing USDA Foods to eligible SUPER Co-Op recipient agencies (RA) in California.
The expectations for distributor performance in California include:
1. The distributor agrees to deliver the processor’s end products containing USDA Foods only to eligible RAs for whom the end products were received. All end product orders submitted to the Processor must be based off requests by RAs, either through a written request by the RA or a valid purchase order. An eligible RA must be approved to participate in the Food Distribution Program, has completed the proper procurement process to purchase foods from an approved processor, and has pounds available at said processor.
2. The distributor is aware and agrees that if the end product containing USDA Foods is knowingly delivered to an ineligible RA, the distributor will be billed by the processor for the value of the USDA Foods contained in the end product. The value of the USDA Foods is determined by using the fair market value of the USDA Foods on the approved Summary End Product Data Schedule.
3. The distributor must report sales of processed end products to the processor within 24 hours following the sale. Reporting must be completed via the K12foodservice.com or ProcessorLink.com Web sites or another approved method agreed upon by the processor and the RA. In the event that late reporting results in negative inventory for an SUPER Co-Op single inventory balance (an ineligible sale), the distributor may be billed by the processor for the value of the USDA Foods contained in the end product.
4. The distributor must maintain supporting inventory records inclusive of signed receipts and delivery receipts. At a minimum, the supporting records must reflect:
a. Quantities of end products on hand at the beginning of the month
b. Quantities of end products received from the processor for the month
c. Quantities of end products delivered to each RA for the month
d. Quantities of end products on hand at the end of each month
e. The distributor must ensure that delivery tickets or bills of lading for products delivered to eligible RAs contain the following:
• Name of receiving agency
• Date that the product was received
• Processor name
• Quantities of end products delivered
• End product code number
• End product name and pack size
• End product price with donated food including all mark-ups
• Donated food’s discount based on the approved SEPDS
5. The distributor shall retain all records pertaining to the pickup and/or distribution of end products containing USDA Foods for three (3) years from the close of the federal fiscal year to which they pertain or longer if required for resolution of an audit or litigation. All records shall be made available for inspection by representatives of the processor, State Distributing Agency , the USDA and/or RA (or its appointed audit representative) at any time, without prior notice, during normal office hours. Representatives of the State Distributing Agency, the USDA and/or RA (or its appointed audit representative) shall have the right to inspect products of processors containing USDA Foods and substituted commercial food in the possession of distributor and the facilities used in handling, storing, and transporting those products.
6. All RA owned end products containing USDA Foods (including the “brown box”) stored at the distributor must be inventoried on a monthly basis and provided to each RA. Monthly inventory reports must include:
• RA name
• Processor name
• Date product was received
• Quantity of end product on hand
• End product name and code number
7. The distributor must provide information to the processor, State Distributing Agency, RA (or its appointed audit representative), and/or the USDA any information, including, but not limited to, copies of delivery documents and/or reports to substantiate that end products and pass through value were received.
8. The distributor must provide on the daily basis all documentation to the Lead Agency’s appointed audit representative, any information, including, but not limited to, copies of delivery documents and/or reports to substantiate that end products and pass through value were received.
9. In the event that there is a hold and/or recall of end products containing USDA Foods, the distributor must work with the processor, the State Distributing Agency, and/or the USDA to provide delivery information for all RAs receiving affected end products. The distributor must also provide two (2) individuals who can be contacted twenty-four (24) hours a day, seven (7) days per week in the event of a hold and/or recall.
Primary Point of Contact for Holds/Recalls
Name: ______
Telephone number:______
Mobile phone number:______
Fax number:______
E-mail address:______
Secondary Point of Contact, if the primary is unavailable
Name:______
Telephone number:______
Mobile phone number:______
Fax number:______
E-mail address:______
In the event that a distributor is not compliant with the performance expectations outlined in this agreement, the SUPER Co-Op Lead Agency may elect to terminate the agreement. Termination of this agreement will result in the subsequent termination of all other agreements with processors and/or RAs to distribute end products containing USDA Foods. Noncompliance may also subject the distributor to criminal and/or civil prosecution.
The distributor recognizes and accepts the fact that this is not an exclusive agreement. The distributor insures that it will not interfere with the processor’s right to deliver end products containing USDA Foods through other distributors, State Distribution Centers, and/or direct to RAs.
Distributor Name: / E-mail:Authorized Distributor Contact: (please print)
Address: / Phone Number:
Signature: / Date:
For SCVSFSA Use Only
Name:Signature: / Title: / Date:
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