THE EMERGENCY FOOD ASSISTANCE PROGRAM and Commodity Supplemental Food Program LOCAL DISTRIBUTOR AGREEMENT
OCTOBER 1, 2021 to SEPTEMBER 30, 2022

1. This contract is entered into by and between Freestore Foodbank (hereinafter referred to as “Regional Agent - RA”), and (YOUR AGENCY) (hereinafter referred to as “Local Distributor - LD”). This contract is hereby created pursuant to the sub-grant awarded by the Ohio Department of Job & Family Services (ODJFS) to the Regional Agent, according to TEFAP / CSFP, Catalog of Federal Domestic Assistance (CFDA) number 10.568 awarded by the United States Department of Agriculture, Food and Nutrition Service for Federal Fiscal Year 2022. This contract is not for research and development purposes.

2. LD agrees to receive TEFAP/CSFP (hereinafter “Commodities”) from the RA for the purpose of storing and distributing said Commodities to the eligible population in its County of the Service Region. LD’s County of the Service Region consists of (Only list the County where agency is physically located.)

a) LD further agrees that in the performance of this contract, the LD shall not by reason of race, color, religion, sex, sexual preference, age, handicap, national origin, Vietnam-era veteran’s status, or ancestry, discriminate against any citizen of this state in the distribution of food commodities.

b) LD, its officers, employees, members, volunteers and subcontractors hereby affirm current and ongoing compliance with all statutes and regulations pertaining to The Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973.

3. LD agrees to comply with all federal rules pertaining to TEFAP /CSFP established in Title 7 of the Code of Federal Regulations, Part 250 (7 CFR 250) and 7 CFR 251; state program rules as established in the ODJFS Food Programs Manual; and the RA’s Regional Plan, which the LD certifies it has read and understands.

4. LD will provide the following products, services and activities:

a) A facility for the receipt, safe and secure storage and distribution of CSFP / TEFAP commodities to eligible program participants;
b) An inventory control process;
c) A process to ensure utilization and retention, for a period of five years, of correct Eligibility to Take Food Home forms for program participants to complete and sign every time they receive CSFP / TEFAP, OFP and/or ACP commodities; and
d) Monthly reports detailing distribution statistics of household composition for program participants receiving CSFP/TEFAP, OFP and/or ACP commodities, due no later than 5th business day of month from the end of the month to which the report pertains.

5. The RA may periodically communicate specific requests and instructions to the LD concerning the performance of activities described in the contract. The LD will comply with any instructions or requests to the satisfaction of the RA within the time frame outlined in the instruction or request. RA and LD expressly understand that any requests or instructions are strictly to ensure the successful completion of activities described in Section 4 of this contract.
 
6. LD certifies that it is a non-profit organization and certifies that it has a tax exemption under section 501(c) 3 of the Internal Revenue Code. LD certifies that all approvals, licenses or other qualifications necessary to conduct business in Ohio have been obtained and are operative. LD must immediately notify RA of any revocation or suspension of LD’s tax exemption or other license, approval or qualification to conduct business.

7. LD agrees that its officers, members and employees of the LD have no interest, personal or otherwise, direct or indirect, which is incompatible or in conflict with or would compromise in any manner or degree with the discharge and fulfillment of his or her functions and responsibilities under this contract. LD shall periodically inquire of its officers, members and employees concerning such interests.

Any person who acquires an incompatible, compromising or conflicting personal or business interest shall immediately disclose his or her interest to RA in writing. Thereafter, he or she shall not participate in any action affecting the work under this contract unless RA determines that, in the light of the personal interest disclosed, his or her participation in any such action would not be contrary to the public interest.

8. LD certifies that no funds paid or food given to LD by the RA through this contract have been or will be used to lobby Congress or the Ohio General Assembly or any federal or state agency in connection with a particular contract, grant, cooperative agreement, loan, political candidate, party or policy. LD certifies compliance with the Ohio executive agency lobbying restrictions contained in ORC 121.60 to 121.69.

9. LD agrees that it will not promise or give to any RA employee anything of value that is of such character as to manifest a substantial and/or improper influence upon the employee with respect to his/her duties.

10. LD agrees to maintain records relating to costs and food distributions incurred in the performance of this contract. Records must be maintained for five years after the final disbursement of food or money under the contract or until after completion of an audit which has been initiated before the expiration of five years, whichever is later. LD agrees to make available any such records for audit to the state or federal governments, or to the RA.

11. LD agrees to utilize only the current version of the official paper Eligibility to Take Food Home form (JFS 04221) or an approved electronic signature for eligibility and recordkeeping. The only electronic signature and recordkeeping systems approved by the Ohio Department of Job and Family Services are the Virtual Case Manager (VCM), Virtual Electronic Service Tracking Assistant (VESTA), PantryTrak and MPOWR.

12. LD affirms that it nor any of its principals, sub grantees or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in any transactions by any federal agency. LD also affirms that within three (3) years preceding this contract that it nor any of its principals:

a) Have been convicted of, or had civil judgment rendered against the for commission of fraud or other criminal offense in connections with obtaining, attempting to obtain, or performing a federal, state or local public transaction or contract under a public transaction; for violations of federal or state antitrust statutes; for commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or for receiving stolen property.

13. LD affirms that it, its principals, affiliated groups, or persons with a controlling interest in LD’s organization are in compliance with ORC 2909.33 in that none of the aforementioned has provided material assistance to a terrorist organization.
 
14. Upon thirty days written notice to the other party, either party may terminate this contract, except that RA may terminate this contract immediately upon discovery of any illegal conduct on the part of the LD.

15. Upon breach or default of any of the provisions, obligations, or duties embodied in this contract, RA may exercise any administrative, contractual, equitable or legal remedies available without limitation. The waiver of any occurrence of breach or default is not a waiver of such subsequent occurrences, and RA retains the right to exercise all remedies mentioned herein.

16. RA agrees that in the performance of this contract or in hiring of any employees for the performance work under this contract, the LD shall not by reason of race, color, religion, sex, sexual preference, age, handicap, national origin, Vietnam-era veteran’s status, or ancestry, discriminate against any citizen of this state in the hiring and employment of a person qualified and available to perform the work to which the contract relates.

LD further agrees to hold all subcontractors and persons acting on behalf of LD in the performance of work under this contract, responsible for adhering to the requirements of the paragraph above and shall include the requirements in all subcontracts for work performed under this contract.

17. This contract shall be governed, construed and enforced in accordance with the laws of the State of Ohio, the ODJFS Food Programs manual and The Regional Plan. Should any portion of this contract be found unenforceable by operation of statute or by administrative or judicial decision, the operation of the balance of the contract shall not be affected thereby; provided, however, the absence of the illegal provision does not render the performance of the remainder of the contract impossible.

18. This writing, the ODJFS Food Programs manual and the Regional Plan constitutes the entire agreement between the parties with respect to all matters herein. This contract may be amended only by writing, signed by the parties; however, it is agreed that any amendments to laws or regulations cited herein will result in the correlative modification of this contract, without the necessity for executing written amendments.

19. All notices which are given pursuant to this contract shall be in writing and shall be valid when transmitted by personal delivery or through public or private postal service.

20. By signing this, the Freestore agrees to have provided the required annual Civil Rights Training and the agency agrees to have received the annual required Civil Rights Training.

IN WITNESS WHEREOF, the parties have executed this contract as of the date of the digital signature of the Director of Community Partnerships of the Freestore Foodbank.