FOOD BANK DISTRIBUTION AGREEMENT
THIS AGREEMENT is made and entered by and between the Regional Food Bank of Oklahoma (“Food Bank”) and ______ (“Agency”).
The Food Bank and Agency agree as follows:
1. Agency Designation. The Food Bank hereby designates Agency, subject to the provisions of this Agreement, as an authorized organization to receive food and other products from the Food Bank. Agency agrees to accept and use all products exclusively for Agency’s feeding program that provides meals or food baskets to needy people. The Agency operates the following feeding program for needy people ______.
No other program is approved to utilize Food Bank products unless a specific amendment to this agreement is obtained.
2. Term. This Agreement shall commence on the date signed by the Food Bank at the bottom of the agreement and shall continue in effect until terminated.
3. Representations, Warranties, and Covenants of Agency. Agency hereby represents and warrants to, and covenants with the Food Bank as follows:
(a) Agency is a church or a not-for-profit organization that has been organized and is operated exclusively for charitable purposes. Agency is exempt from federal income taxation as church or as a charitable organization with the meaning of Section 501 (c) (3) of the Internal Revenue Code of 1986, as amended.
(b) Agency has an established feeding program to assist needy people that has been in place for a period of at least ninety (90) days immediately preceding the date of this Agreement and which is located at Agency’s premises.
(c) Agency maintains proper and adequate storage and food preparation facilities and will comply with all local, state, and federal laws regarding food preparation, storage, handling, sanitation, and safety.
(d) Agency has an adequate number of staff or volunteers who are responsible for carrying out all aspects of Agency’s feeding program, including inventory control, record keeping, food storage, food handling, and food preparation.
(e) In accordance with Federal law and U.S. Department of Agriculture policy, this institution is prohibited from discriminating on the basis of race, color, national origin, sex, age, or disability.
(f) To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410 or call (800) 795-3272 or (202) 720-6382 (TTY). USDA is an equal opportunity provider and employer.
4. Certain Covenants. Agency agrees at all times during the term of this Agreement:
(a) When food or other products are obtained from the Food Bank, Agency agrees:
Ø Not to sell any of these products
Ø Not to impose a charge or require any donation for meals, food or other products prepared or distributed by the agency.
Ø Not to use products for fundraisers or any other activities of the church or agency.
Ø Not to trade, exchange, or barter any food or other products for other goods, services, money or other items.
Ø Not to transfer food or other products to another church, agency or group. All Food Bank products must be directly served or distributed to needy people by the agency receiving them.
Ø Not to take these products out of the specific area of the State of Oklahoma that the Agency is approved to serve.
Ø Not to allow staff or volunteers of the agency to receive food or other products unless they meet the same criteria for service as any other client of the agency receiving that service.
Ø Not to use the Food Bank products for any other purpose other than to provide food assistance to needy people in the program approved in item 1 of this agreement. Specific written approval must be obtained from the Food Bank if the Agency wants to use products for any other programs for needy people.
(b) Agency will comply with any restrictions placed on the food or other products by law, by the donor, or by the Food Bank.
(c) Agency will make all arrangements that are necessary for picking up food and other products from the delivery site, and transporting these products to the premises of Agency.
(d) Agency shall report order discrepancies to the Food Bank at the time of delivery or pickup. If time and resources do not allow for order verification at time of delivery/pickup, then discrepancy must be reported within 2 business days by either email to or by phone to 405-604-7105 or or
405-600-3152.
(e) Agency agrees to pay the handling fees for products that are established by the Food Bank board and the member agencies. Member agencies select and order the items they want to receive and are billed for handling fees only on those items.
(f) Agency will place orders for the quantities of food and food products that are necessary to meet Agency’s needs; Agency shall not stockpile food or other products.
5. Records, Reports and Meetings. During the term of this Agreement, Agency will:
(a) Immediately notify the Food Bank of any change in pertinent information relating to this Agreement or Agency’s feeding program, including any change in Agency’s contact person, telephone number, address, or feeding programs.
(b) Maintain all invoices received from the Food Bank for a period of one year.
(c) Keep adequate records on hand to demonstrate that food and other Food Bank products have been distributed to needy people. Minimum records include:
Ø Approved onsite and mobile meals programs: keep a daily count of the number of meals served.
Ø Emergency Food Pantries: record the name, address, number in the household, date food is provided, and income or other basis for determining need. Keep a count of total food baskets distributed.
(d) Complete the annual survey from the Food Bank to provide the number of meals served or food baskets distributed in the prior year.
6. Oversight. Agency will:
(a) Permit the Food Bank to make a preliminary site visit prior to approval of any feeding or distribution. If the site changes, a new site visit will be made.
(b) Permit the Food Bank to conduct periodic monitoring and on-site inspection visit at reasonable times during regular business hours.
(c) Permit the Food Bank to watch the way Agency and Agency personnel conduct its feeding program.
7. Termination. The association between the Food Bank and the Agency is voluntary. Either the Food Bank or the agency may immediately terminate this association at any time. This agreement may also be terminated for cause or by reason of material breach.
(a) Termination for Cause. The Food Bank may immediately terminate this Agreement for cause upon notice to Agency due to any of the following events:
Ø Agency discontinues or abandons the feeding program.
Ø Agency fails to use food and food products exclusively in its feeding programs for needy people as provided in the Agreement.
Ø Agency operates its feeding programs in a way that presents a health or safety hazard to the public, or Agency fails to promptly address and correct any deficiency, unsatisfactory condition, or areas requiring improvement.
Ø Agency loses any required license.
Ø Any Agency official is convicted of a felony or any other crime involving moral turpitude.
(b) Termination for Material Breach. If Agency defaults by the failure to comply in all material respects with the terms of this Agreement or to substantially perform in good faith the programs, services and responsibilities required herein, the Food Bank retains the right to immediately terminate this Agreement. The Food Bank shall have and retain all rights to damages at law and rights to equitable relief in the event of breach of Agency.
8. Binding Effect. This Agreement shall be binding upon, and shall insure to the benefit of, the parties and their respective legal representatives, successors, and assigns.
By signing this, I certify that I have read and understand all of this agreement and agree to abide by the terms and the intent of this agreement.
______
Agency Name
______
Signature of Church Pastor or Director if 501(c)3 Print Signed Name of Pastor or Director
______
Signature of Food Program Coordinator Print Signed Name of Food Program Coordinator
Address: ______
Date: ______
(Office Use Only) REGIONAL FOOD BANK OF OKLAHOMA
Revised 9-27-12
______
Food Bank Representative
Date ______
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