Farm Share, non-profit food-bank, for recovery and distribution of surplus food for hungry people

DISTRIBUTION OF USDA TEFAP COMMODITIES

AGREEMENT BETWEEN THE STATE-CONTRACTED
RECIPIENT AGENCY AND SUB-DISTRIBUTOR

This Agreement, hereinafter called the “Agreement,” made this 25th day of July 2008 by and between the state-contracted Recipient Agency, Farm Share Inc. called the “Recipient Agency”, whose address is 14125 SW 320 Street city of Homestead, Florida 33033 and called the “Sub-Distributor” whose address is ,city of , state of , zip code county of .

This agreement is for the distribution of the Recipient Agency’s United States Department of Agriculture (USDA) donated commodities under The Emergency Food Assistance Program (TEFAP) by the Sub-Distributor in the following counties:

Miami-Dade, Broward, Palm Beach and DeSoto.

In consideration of the mutual premises hereinafter contained, the parties agree that this Agreement will be performed in accordance with the following conditions.

A. Sub-distributor attests that:

1. It is an emergency feeding organization as defined in 7CFR 251.3.
2. It is located within the state-contracted Recipient Agency’s designated service area.

B. Sub-distributor agrees to:

1. Administer and distribute TEFAP commodities in compliance with the requirements of 7CFR 251, 7CFR 250 (as applicable), all pertinent policies, rules, regulations, and any procedures established by the Florida Department of Agriculture and Consumer Services.
2. It will distribute USDA TEFAP commodities only to benefit eligible people served in its designated service area.
3. Determine eligibility of households prior to issuing any TEFAP commodities 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.
4. Use TEFAP commodities only for distribution to eligible households or for congregate feeding. TEFAP commodities 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 is necessary for the Department to conduct reviews, and monitor progress or performance to determine conformity with intended program purposes. The sub-distributor shall permit representatives of the Department or USDA to visit its sites or sub-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 require any client to pay for TEFAP commodities, join any organization or group, attend or participate in a religious practice or service, or any other activity unrelated to the distribution of TEFAP commodities. Donations shall not be solicited in any manner from clients.

C. Distribution of TEFAP commodities by Sub-distributor to other eligible recipient agencies. Prior to further distributing TEFAP commodities to other eligible recipient agencies, sub-distributor agrees:

1. Enter into a written agreement with any eligible recipient agency prior to distributing any TEFAP commodities to that ERA. (Agreement must include all the requirements herein.)
2. Distribute TEFAP commodities only to other emergency feeding organizations on a fair-share basis according to the priority system established for USDA TEFAP commodities in 7CFR 251.4(h)(I) and the Florida Department of Agriculture and Consumer Services.

D. Receipt of Commodities. All Emergency feeding organizations must sign a receipt any TEFAP commodities received. The receipt must include the number of cases of each TEFAP commodity, the name of the sub-distributing agency receiving the commodities, date and recipient’s signature. A copy of the signed receipt must be maintained by the distributing ERA. Sub-distributor should also keep a copy for its files.
E. Issuance Records.

1. Food Pantries. Any emergency feeding organization distributing TEFAP commodities to households for home consumption must keep a record, for each day that they distribute food, of the names or all households that receive food. It is recommended that site staff have the recipient sign a receipt or list at each distribution. It is not a Federal requirement to record the specific foods or quantities issued to a household.
3. Soup Kitchens. 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.

F. Termination for Cause. This agreement may be terminated by either party upon no less than thirty (30) calendar days notice, for cause, 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.
G. Storage Facilities. The Sub-Distributor certifies that it has the proper facilities for the storage and protection of USDA TEFAP commodities. If frozen or refrigerated TEFAP commodities are stored by the Sub-Distributor, it agrees to take a daily temperature reading of the freezer and cooler so long as USDA TEFAP commodities are stored therein. USDA considers any loss of commodities due to freezer failure as negligence and subject to loss claim action.
H. Civil Rights Certification. In accordance with Federal law and U.S. Department of Agriculture policy, Sub-Distributor agrees to not discriminate on the basis of race, color, national origin, sex, age or disability.

To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, Room 326-W, Whiten Building, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call 202-720-5964 (voice and TDD). USDA is an equal opportunity provider and employer.

Signed by parties to this agreement:

State-Contracted Recipient Agency Farm Share Inc.

Signature of Authorized Representative: Richard Perez

Date 07/25/2008

Name of Sub-Distributor

Signature of Authorized Representative

Date 07/25/2008