AgreementsThese are two different forms: the Partner Agency Agreement and Release and the Agency Release, both of which need to be

returned to the Agency Relations department of The Foodbank of Southeastern Virginia within fourteen (14) days.

Both the main point of contact and the pastor or executive director should sign and print their names on the last two pages. If there is no pastor or executive director, then the highest ranking agency

official should sign.

These forms are due back at the Foodbank by ________________.

Fax number: (757) 627-8588

Mailing address: 800 Tidewater Drive, Norfolk, VA 23504

Email addresses: astegeman@foodbankonline.org or cadavis@foodbankonline.org .

Partner Agency Agreement and Release1. The Foodbank of Southeastern Virginia partner agency (hereinafter “partner agency”) certifies that it is a tax exempt 501(c)3

non-profit organization or a qualified religious organization. The partner agency certifies that it meets the IRS eligibility requirements for receipts, transfer, and use of donated food under section 170(e)(3). The partner agency certifies that if its 501(c)3 status is cancelled or expires, the agency will notify the Foodbank and stop distributing Foodbank products immediately.

The partner agency agrees to provide the Foodbank with proof of its 501(c)3 status each year.

2. The partner agency must directly serve clients who are low income, needy, ill and/or infants (children under the age of 18), and use Foodbank product to serve their clients only in a manner related to its tax-exempt purpose.

3. The partner agency agrees to keep the Foodbank informed, without being requested, of significant changes to its programs. Significant changes include (but are not limited to):

a. Change in contact person, program director, executive director, billing contact, or authorized shoppers.

b. Change in telephone number, storage or distribution site, mailing address or business address.

c. Changes in distribution days and or times.

d. Large increases or decreases in the number of clients the partner agency serves.

e. New food programs the partner agency wants to add.

f. Current food programs the partner agency wants to end.

4. In accordance with state and federal law and U.S. Department of Agriculture (USDA) policy, the partner agency is prohibited from discriminating on the basis of race, color, national origin, sex, age, disability, citizenship, religion, ancestry, marital status, sexual orientation including gender identity, unfavorable discharge from the military or status as a protected veteran or any other characteristic that is protected by law.

5. The partner agency may not sell or barter any Foodbank products, including purchased product. All products must be distributed at no charge to eligible clients with no suggested or implied donation or volunteer requirement. No donation may be collected at the time of distribution.

6. The partner agency agrees not to require client participation in activities in exchange for Foodbank products.

7. The partner agency may not require attendance at any religious activities (such as services, religious studies, prayer, bible study or counseling) in order to receive Foodbank products.

If a partner agency does host religious activities, the partner agency must operate religious activities completely separate from food programs that use Foodbank products.

8. Approved programs must provide a food distribution/meal at a minimum of one time per month, unless pre-approved by the Foodbank.

9. All Foodbank products must be distributed directly to clients through Foodbank-approved programs.

10. The partner agency may not distribute any Foodbank product to another program within that agency for their distribution/use. Example: Foodbank product may not be used for a church function, funeral, social event, fundraiser, etc.

11. The partner agency agrees that only volunteers who are low-income and qualify as clients will receive Foodbank products.

a. If a volunteer qualifies for food, the volunteer must receive the same type, quality, and amount of products, given in the same way as any other client would receive the products.

b. The partner agency agrees that staff, volunteers or other persons who are ineligible will not use Foodbank products for personal use.

12. Partner agencies distributing USDA TEFAP product must distribute according to state and federal program guidelines.

13. A partner agency food pantry that distributes USDA/ TEFAP product must comply with the client eligibility process by collecting and filing current signed income eligibility SDI forms.

14. All Foodbank partner agencies must maintain a filing system that includes Foodbank invoices, client forms and the Agency Monthly Statistical Reports. All paperwork must be kept for 2 years and made available at site visits and upon request. Pantries distributing USDA product must remit all self-declaration forms to the Foodbank at the conclusion of the qualifying period or if their partnership with the Foodbank ends.

15. All pantry programs must maintain confidentiality of client information. Information received cannot be shared with any third party.

16. The partner agency will submit regular statistics via the Monthly Statistical Report by the 1st business day of the month following the distribution month. If statistical reports are not submitted by the 7 th day of the month, the agency account will be placed on hold until the statistics have been received.

17. The partner agency will abide by the safe and proper handling of food and donated goods, which conforms to all Foodbank, Feeding America, local, state and Federal regulations.

18. All agencies must have at least one active program representative take an approved Food Safety Handlers course.

19. The partner agency agrees to maintain appropriate and adequate transportation, storage space, and refrigerators/freezers. The partner is responsible for keeping Foodbank products in a safe condition from the point they are accepted until they are distributed to clients or served to clients.

20. The partner agency agrees to store, prepare or distribute Foodbank products only in approved areas at approved sites. The partner agency must get approval from the Foodbank in writing before changing or adding a distribution site.

21. The partner agency agrees that it will not distribute Foodbank products to any other outside agency, organization or entity without prior written Foodbank authorization.

22. The partner agency must be capable of loading and transporting product from the Foodbank warehouse in a manner that ensures safe handling (i.e. refrigerated truck, freezer blankets or cooler) and that safe temperatures for foods are maintained. The partner agency must have adequate help to pick up product at the Foodbank or to unload a delivery made at its agency.

23. All products must be transported directly from the Foodbank to the approved partner agency site.

24. Partner agencies must notify the Foodbank 24 hours after a pick-up or delivery if there are any discrepancies with their order. The Foodbank is not responsible for any order discrepancies after that time frame.

25. The partner agency must have adequate refrigeration and/or storage space at the site of distribution to ensure the integrity of Foodbank product until it is prepared or distributed.

26. The partner agency must store all food at least four inches off the floor, maintain appliances and storage rooms at the proper temperatures, maintain functioning thermometers in all freezers, refrigerators and in the dry storage area, and keep temperature logs to document proper storage. All products must be adequately spaced away from walls and ceilings to allow for proper air circulation and inspection.

27. Foodbank product including USDA commodities may not be stored for more than 90 days past receipt. If past 90 days partner agency must contact Foodbank.

28. The partner agency agrees that it will only take Foodbank products in an amount necessary for its programs as most recently reported to the Foodbank in writing.

29. The partner agency agrees to adhere to any additional donor stipulations affecting distribution of product received through the Foodbank.

30. Hours of partner agency food program must be posted and visible to the community.

31. The partner agency must be financially viable with a Foodbank credit check.

32. Payment for product and services is due 30 days from the date of invoice. Invoices that are more than 60 days past due will result in a hold being place on a partner agency. New partner agencies must maintain a credit balance.

33. The partner agency recognizes and accepts that the Foodbank may raise, reduce, or change fees and charges without prior notification.

34. Since the Foodbank is an active warehouse with heavy machinery in use, partner agencies agree to dress and behave in a manner that is safe for this environment (i.e. must wear closed-toed shoes).

35. The partner agency must allow annual site visits during normal business hours, sometimes without prior notification by the Foodbank.

36. The partner agency agrees to complete and return Foodbank surveys in the requested time.

37. Partner agency accounts must be used on a regular basis to keep Foodbank partnership active. After the account is inactive for 6 months, the program must reapply for partnership.

38. The partner agency agrees not to use ‘Foodbank’ in its name.

39. The partner agency agrees to send at least one representative to Foodbank sponsored meetings, such as quarterly and networking meetings.

40. The partner agency and all of its representatives agree to treat all clients, volunteers, staff, and Foodbank representatives in a professional manner with appropriate language and behavior at all times.

41. The partner agency and the Foodbank will remain independent contracting agencies that are legally separate.

42. The partner agency agrees to abide by all generally accepted accounting practices, Foodbank, Feeding America, USDA and Partner Agency Manual rules and regulations at all times.

43. Either party may terminate this agreement for any reason with 30 days written notice.

I have read and reviewed this agreement and I am authorized to enter into this agreement on behalf of the partner agency. I understand and agree to follow all of the terms listed in this Foodbank of Southeastern Virginia Partner Agency Agreement. I understand that violation of any of the policies or conditions of this agreement may result in the loss of Foodbank of Southeastern Virginia program privileges.

Agency Release

The undersigned authorized agents of:

_____________________________________________________________________ _____________________(Name of Partner Agency) (Acct No.)

Hereby warrants that during active partnership with the Foodbank of Southeastern Virginia, it will receive assorted products from the Foodbank of Southeastern Virginia; said agent further warrants that the above described product will be duly inspected upon delivery.

It is further agreed between the Partner Agency and the Foodbank of Southeastern Virginia that:

1. The partner agency releases the original donor, The Foodbank of Southeastern Virginia and its representatives, and Feeding America from any liabilities resulting from donated food.

2. The product is accepted “as is.”3. The Foodbank of Southeastern Virginia, Feeding America and the original donor expressly

disclaim any implied warranties of merchantability or fitness for a particular use.4. The Foodbank of Southeastern Virginia, Feeding America and the original donor offer no express

warranties in relation to the gift of goods. 5. In accordance with applicable state and/or federal law, said agency releases the Foodbank of

Southeastern Virginia, Feeding America and the original donor from any liability resulting from the condition of the donated product and further agrees to indemnify and hold the Foodbank of Southeastern Virginia, Feeding America and the original donor free and harmless against all and any liability, damages, losses, claims, causes of actions and suit of law or inequity or any obligation whatsoever arising out of or attributed to any action of said agency or any personnel employed by said agency in connection with its storage and use of the donated items.

6. The partner agency agrees to notify the Foodbank whenever it receives notice of any claim of liability related to food or any report of illness possibly related to food provides by the partner agency or the Foodbank.

7. Any false statements or failure to comply with requirements of this agreement may result in the partner agencies’ suspension or termination of services by the Foodbank.

8. This agreement may be terminated by either party (Partner Agency or Foodbank of Southeastern Virginia) upon notice to the other party.

9. Said agency will not sell, barter or offer said items for sale.

______________________________________________________________________________________Signature of Foodbank Partner Agency Director/Pastor Date

_______________________________________________________________________________________Signature of Partner Agency Contact (if different than above) Date