Annual Agency Partner Agreement 2020

This document is an agreement made between

And the Agency

Definitions

"MANNA Product" refers to all food and non-food items obtained either directly from MANNA FoodBank, or through a partnership made possible by partnering with MANNA FoodBank, including Local Donations from Feeding America National Donors, such as Walmart, BI-LO, Food Lion, Sam’s Club, Frito Lay, Sara Lee, Publix, etc. For a complete list of Feeding America National Donors, contact the MANNA Food Sourcing Coordinator at (828) 299-3663, ext. 1267.

Terms of the Agency Agreement

The Agency agrees to all of the following terms and conditions of this Agreement. If any of these terms or conditions are violated, then MANNA FoodBank has the right, without further investigation, to stop distributing product to the Agency and/or follow processes outlined in Addendum A - MANNA Food Bank Agency Suspension Policy until the terms or conditions can be met.

1. Requirements: The Agency agrees to abide by the policies, procedures, and recordkeeping requirements of MANNA FoodBank.
2. IRS Eligibility Requirements:
   1. 501(c)(3) or "Church"/Religious Organization: The Agency confirms that it is incorporated as a 501(c)(3) non-profit corporation or is considered a church as defined by the Internal Revenue Service (IRS), or is covered under the 501(c)(3) of a larger religious association. If Agency 501(c)(3) status changes, the Agency agrees to notify MANNA FoodBank of the change and submit an updated determination letter from the IRS.
      
      Check the type of organization that The Agency will qualify as:
      • Agency with independent current 501(c)(3) determination letter from the IRS verifying its non-profit corporate status and verifying that it is not a private foundation. The Corporation name must match the name that The Agency is known by in the community.
      • Agency covered by the 501(c)(3) umbrella of another organization
      • Church/Religious Organization as defined by the IRS
   2. Purpose of Incorporation and Service: The Agency agrees that it is incorporated to serve the ill, needy and/or children. The Agency also agrees that it is not incorporated for a purpose unrelated to serving the ill, needy and/or children.
   3. Distribution Without Charge: The Agency agrees that it will distribute the MANNA Product free of charge (monetary, volunteer hours, services or otherwise).
   4. Recipients of Distributed Products (Your Clients): The Agency agrees that it will only utilize MANNA Product for programming that serves people who qualify as ill, needy and/or children. The Agency also agrees that it will not utilize MANNA Product for programming other than serving people who qualify to receive the product. The Agency agrees to outline its procedure for determining that the final recipient of the product is ill, needy, and/or children.
      
      Please Note: MANNA FoodBank recommends that partner agencies allow clients to self-declare their need for food assistance. Clients are not required to provide proof of need, income or any personal information to receive food.
   5. Use of Donated Products: The Agency agrees that it will not sell or use donated products in exchange for money, other property or services, including using donated products for the purpose of fundraising programs and events. The Agency also agrees that it will comply with the restrictions on the use and transfer of donated property, as described in IRS Tax Code Section 170(e)3. The Agency agrees that it will not barter, sell, or use MANNA Product for fundraising purposes.
3. Agency Staff and Volunteers Consuming Product: Agency staff and volunteers may receive or consume MANNA product along with clients under the following conditions:
   1. Food Consumed Off-Site/Pantry Programs: Agency staff and volunteers may receive MANNA Product, provided that (a) they do not receive special or prioritized access to the product; (b) they meet the Agency’s general eligibility guidelines.
   2. Food Consumed On-Site/Meal: Agency staff and volunteers may join in the meal regardless of eligibility; provided that (a) they do not receive special or prioritized access to the product; and (b) greater than 50% of the clients served that day qualify as ill, needy, and/or children.
4. Area of Distribution: The Agency agrees that it will only distribute products received from MANNA FoodBank in the 16-county service area of MANNA FoodBank, which includes Avery, Buncombe, Cherokee, Clay, Graham, Haywood, Henderson, Jackson, Macon, Madison, McDowell, Mitchell, Polk, Swain, Transylvania, and Yancey Counties. The Agency also agrees that it will not distribute any products for the purposes of international aid.
5. Recordkeeping: The Agency agrees that it will maintain adequate books and records and accurately reflect the total amount of product received and distributed (or used), a description of the product, the date of its receipt, dates of distribution, and a record of the number of households and individuals served each month. The Agency agrees to maintain and report to MANNA FoodBank monthly counts of individuals and households served within seven (7) business days after the first of each month.
6. Availability of Records: The Agency agrees to make its books and records available to MANNA FoodBank with or without notice, including but not limited to those which track the receipt and distribution of products obtained from MANNA FoodBank and financial records.
7. Local, State and Federal Regulations: The Agency agrees that it will ensure the donated product conforms to any applicable provisions of the Federal Food, Drug, and Cosmetic Act (FDCA) (as amended), and any regulations that follow. The FDCA governs standards around safe ingredients and safe labeling of foods. For information on the FDC and Cosmetic Act, go to www.fda.gov. The Agency also agrees that it will handle products, conforming to all local, state and federal regulations, and will maintain any current licenses as required by local, state and federal regulations.
8. Safe Loading and Transport of Product: The Agency agrees to assume responsibility of all MANNA Product at the time the MANNA Product leaves MANNA FoodBank facilities or vehicles. The Agency agrees to have adequate staff or volunteers on hand to load and unload MANNA Product safely. For the health & safety of community members receiving food, MANNA will monitor that all frozen and perishable items are being transported in a method that will maintain proper food temperatures. When picking up Warehouse Orders or shopping at MANNA’s Distribution Floor, our staff/volunteers will look for insulated coolers and freezer blankets. When transporting product in an agency vehicle, the agency will utilize appropriate materials, such as thermal blankets, to ensure that all products remain at a safe temperature during transportation, and ensure that the product is securely contained within the vehicle.
9. Storage and Handling of Products: The Agency agrees that it will store, handle and distribute products consistent with the Federal Food, Drug and Cosmetic Act (FDCA) and any regulations that follow. All MANNA Product must be stored at least six (6) inches off the floor and six (6) inches away from the wall. Product received from MANNA must be labeled and stored separately from non-MANNA products. The Agency agrees that all storage and preparation of products received from MANNA FoodBank will take place in a facility that has been inspected and approved by MANNA FoodBank. The agency also agrees to distribute MANNA Product expediently and will not attempt to stock MANNA Product in a quantity greater than the agency can distribute within a three-month period.
10. Food Safety Certification: The Agency agrees that at least one staff person will maintain current appropriate certification in safe food handling, as approved by MANNA FoodBank. Minimum approved trainings include (by program type):
    1. Food Consumed Off-Site/Pantry Programs: MANNA FoodBank Safe Food Handler for Food Banks Certification or ServSafe’s Food Handler course online.
    2. Food Consumed On-Site/Meal Programs: Full ServSafe Food Managers Certification or other comparable safety training curriculums approved by the food bank, including NC Safe Plates through NC Cooperative Extension. The Agency also agrees that their key food service program staff will meet local commercial food safety standards. The Agency is responsible for finding and funding this required course.
    When certification expires, The Agency will have three (3) months in which to get re-certified. Failure to re-certify within three (3) months after date of expiration will result in account suspension or termination.
11. Donor Stipulations: The Agency agrees that it will adhere to any donor stipulations placed on donated products.
12. "As Is" Condition: The Agency agrees that it will accept all products received from MANNA FoodBank in "as is" condition.
13. Shared Maintenance, Transportation and Value-Added Processing Fees: The Agency agrees to pay any applicable Shared Maintenance and/or handling fees (Value-Added Processing, Delivery Charges, Transportation fees) for the products received from MANNA FoodBank. The Agency agrees that if it should choose to purchase non-donated products through MANNA FoodBank’s Cooperative Buying Program, then it will pay any extra charges and costs associated with that product. Payment of fees must be an agency check and include agency name and number on all checks including number and address. Cash payments or personal checks are not allowed.
14. Local Donations from Feeding America National Donors: If an agency receives donations directly from a nationally-affiliated Feeding America donor, such as Walmart, BI-LO, Food Lion, Sam’s Club, Frito Lay, Publix, Sara Lee, etc., the Agency agrees to abide by the specific procedures and recordkeeping agreements related to these donations outlined by MANNA FoodBank. Agencies who participate in the Direct Retail Program must sign the annual Direct Retail Agreement and attend all required trainings.
15. Discrimination: The Agency agrees that it will not engage in discrimination, in the provision of service against any person because of race, color, sex, age, citizenship, national origin, ancestry, disability, religion, political beliefs, marital status, homelessness status, sexual orientation, gender identity, unfavorable discharge from the military or status as a protected veteran, or if all or part of an individual’s income is derived from any public assistance program. Additionally, MANNA FoodBank asks that partner agencies serve people experiencing homelessness.
16. Proselytizing: The Agency agrees that it will not use MANNA Product for the purposes of religious conversion or recruitment, and will not require that clients participate in religious activities in order to receive MANNA product. The Agency agrees that it will distribute MANNA Product in the spirit of inclusion, regardless of religious affiliation.
17. Participation in Agency Programming: The Agency agrees that it will not require clients to participate in programming in order to receive MANNA product. We ask for ease-of-access to food and for all agency programming to be optional for clients.
18. Authorized Agent: The Agency agrees to have only an authorized personnel pick-up or receive products from MANNA FoodBank. The Agency also agrees to make known to MANNA FoodBank a list of authorized agents and contact MANNA FoodBank when a change is made to that list.
19. Access to only one Feeding America Member Food Bank: The Agency agrees that it will only receive food from MANNA FoodBank and no other Feeding America Member Food Bank.
20. Active/Inactive Agency Designation: The Agency agrees that it will obtain products from MANNA FoodBank at least once every four months to be deemed an Active Agency. If the Agency becomes inactive, then the Agency will not be allowed to obtain products from MANNA FoodBank. The Agency agrees that it will complete the Agency application process again, prior to being reinstated as an active Agency and allowed to obtain products from MANNA FoodBank.
21. Sub-distribution: The Agency agrees not to sub-distribute MANNA Product to any organization, agency, partner, or entity other than a MANNA Partner Agency. The Agency must call MANNA to request special permission to give remaining product to another qualified MANNA Partner Agency. The Agency is responsible for documenting the transfer of product. Sub-distributions will be allowed for perishables only, and only to another partner agency.
22. Communications
    1. Logo: MANNA FoodBank requires all of its Member Agencies to display the official Partner Agency logo at all food distribution locations.
    2. Public Distributions: MANNA FoodBank requires all public distributions to be listed on our public Food Finder online.
    3. Media Statements: For media statements, MANNA requests that partner agencies acknowledge that they are a partner with MANNA FoodBank (please see text below). Should the partnership between MANNA FoodBank and the Member Agency be terminated, the Agency must remove the MANNA FoodBank logo from all print material, agency webpage, and food distribution facilities. For questions about media opportunities, please contact:
       MANNA’s Marketing and Communications Director at 828-299-3663 ext. 1223.
       “AGENCY NAME is in partnership with MANNA FoodBank in Asheville, NC, the Feeding America affiliate food bank serving the 16 Western-most counties of North Carolina. Visit MANNAFoodBank.org to learn more.”
23. Multiple Locations: The Agency agrees that it will only receive and store product from MANNA FoodBank at multiple locations if: 1) all locations individually meet the requirements of this agreement, 2) have been inspected and, 3) are approved by MANNA FoodBank prior to receiving and distributing food.
24. On-Site Inspections: The Agency agrees to allow representatives of MANNA FoodBank, donors and government agencies to inspect and audit all facilities and vehicles where products from MANNA FoodBank are received, stored and distributed, with or without notice. Allowing inspections is a requirement of this agreement.
25. Corrective Action, Grievance and Termination Policy: If at any time The Agency is found to be in violation of the Partner Agency Agreement, the Agency agrees to complete corrective actions, as specified by MANNA FoodBank. The Agency agrees to submit written documentation of corrective action activities to MANNA FoodBank.
26. Termination of Annual Partner Agency Agreement: The Agency or MANNA FoodBank can terminate this agreement, with or without cause, at any time. Written notice of termination must be provided to both parties in writing. Notification of termination can be sent to: MANNA FoodBank, 627 Swannanoa River Rd. Asheville, NC 28805. Upon termination of agreement, The Agency agrees to pay MANNA FoodBank any fees for product received prior to termination, and return any undistributed MANNA Product to MANNA FoodBank within 30 days of termination.
27. Liability Release: The Agency’s authorized representative’s signature below hereby affirms that the original donors, MANNA FoodBank, and Feeding America:
    1. Are released by the Agency from any liabilities resulting from the donated goods.
    2. Are held harmless from any claims or obligations in regard to the Agency or the donated goods.
    3. Offer no express warranties in relation to the gift of goods.

The Agency’s authorized representative’s signature below confirms that the Agency has thoroughly read this agreement and agrees to abide by all terms. This agreement expires on December 31, 2020, or upon execution of a new agreement prior to that date.

Signatures

Agency Signature section must be signed by the highest authority within the organization per Feeding America’s requirement (example: Executive Director, Board President, Pastor, or Church Council Chair).

Addendum A - MANNA FoodBank Agency Suspension Policy

MANNA Food Bank requires each agency to be monitored within every two years to ensure compliance standards are being met.

Policy Violations

Food and Donated Product

1. Exchanging donated food or other product for money, property (including other food items), or services.
2. Removal of donated food or other product from on-site program for private use.
3. Using donated food or other products in a manner that is not related to the exempt purposes of the member agency’s mission to serve community members in need.
4. Improperly stockpiling of donated food or other product.
5. Improperly storing, refrigerating, or transporting donated food or other product.

Agency Agreements and Recordkeeping

1. Violation of the Agency Agreement with MANNA Food Bank.
2. Violation of the TEFAP Record Keeping Agreement with MANNA Food Bank.
3. Not providing monthly statistics for MANNA donated product.
4. Not providing monthly statistics for TEFAP product.
5. Discrimination of clients served, in any manner.