1. Meet IRS eligibility requirements for receipt, transfer and use of donated food under section 170(e)(3) and must have 501(c)(3) federal tax-exempt status and provide a copy of the IRS tax-exempt letter to FOOD BANK OF THE ROCKIES and notify FOOD BANK OF THE ROCKIES of any changes to their tax status. This will not apply to Government supported programs (CSFP, TEFAP, CACFP, or SFSP).
2. Notify FOOD BANK OF THE ROCKIES in writing within 15 days, when there are any changes to their food program including: location, director, contact, shoppers, and type/size of food program or additional storage or distribution sites. All changes must be approved by FOOD BANK OF THE ROCKIES staff before continuation of the services called for in this agreement. Note: New PARTNER shoppers must attend an orientation session prior to placing or picking up an order.
3. Participate in random monitoring, scheduled and unscheduled, of its food program(s) by FOOD BANK OF THE ROCKIES staff and/or volunteers appropriately trained by FOOD BANK OF THE ROCKIES, which will be conducted at a minimum of once every two (2) years and agrees to fully accommodate and allow FOOD BANK OF THE ROCKIES trained staff and volunteers full and complete access to facilities, Partner’s staff, volunteers and clients for FOOD BANK OF THE ROCKIES/Feeding America research projects as requested. Monitoring may be more frequent for Government supported programs.
4. Identify their organization as a Partner of FOOD BANK OF THE ROCKIES by prominently posting a FOOD BANK OF THE ROCKIES provided poster. Additionally, PARTNER should include the words “Partner of Food Bank of the Rockies” and identify the partnership by including the Food Bank of the Rockies’ logo on organization’s website with a link to the Food Bank of the Rockies’ website and/or pertinent Food Bank of the Rockies’ webpages. PARTNER will not identify themselves as or make representations on behalf of FOOD BANK OF THE ROCKIES but will clearly identify and state they are a “partner of the Food Bank of the Rockies”. Upon termination of this Partnership Agreement by either Party, the PARTNER shall cease to represent itself in any fashion as a Partner of FOOD BANK OF THE ROCKIES. Within thirty (30) calendar days of termination of agreement, PARTNER shall take all appropriate actions to remove “Partner of Food Bank of the Rockies” from all materials including digital platforms like the website and social media.
5. Not engage in discrimination, in the provision of service against a person because of race, color, religion (creed), national origin, ancestry, age, marital status, disability, sexual orientation, or military status, in any of its activities or operations. All clients will be treated with the utmost of respect and courtesy. Keep a minimum of one (1) staff person from each program Civil Rights certified at all times. Civil Rights re-certifications are required annually. Certification is available through an online course provided by First Net Learning at no charge. USDA Partners can also attend the State’s Civil Rights training. This coursework is required for all Government supported programs.
6. Ensure that PARTNER, its employees, its volunteers, and its clients must not sell, transfer, trade or barter any items received from FOOD BANK OF THE ROCKIES in exchange for money, property, services or otherwise allow the items to enter commercial channels.
7. Not require mandatory donations or suggest the same in any manner whatsoever, require or request volunteer time or participation in any religious activity or service in order to receive food, nor show preferential treatment to clients who do participate, voluntarily donate, or volunteer their services.
8. Use the products solely for charitable purposes related to PARTNER’s mission. FOOD BANK OF THE ROCKIES product must not be given to staff for personal use, served for general partner or congregation use or be used for fundraising purposes, such as prizes or gifts.
9. Support FOOD BANK OF THE ROCKIES and Feeding America’s mission of closing the Meal Gap by receiving monthly food orders and/or allocations. PARTNER may have partnership terminated due to no activity on their accounts. In the occurrence of being inactivated, PARTNER will be required to reapply by completing and submitting the FOOD BANK OF THE ROCKIES Partner Application.
10. Support the operation of FOOD BANK OF THE ROCKIES with a support fee (“ASF”) up to the current FOOD BANK OF THE ROCKIES and Feeding America specified rate per pound for product received, payable at the time of pick up or via approved and current credit account. Not applicable to Government supported programs.
11. Pay a service charge plus any costs or other fees incurred to collect unpaid amounts for any check used to pay the support fee that is returned to FOOD BANK OF THE ROCKIES for Insufficient Funds, Account Closed, or any reason. In addition, if costs are spent in order to collect amounts due to FOOD BANK OF THE ROCKIES, those amounts must be reimbursed to us before PARTNER can use our services again.
12. Abide by the policies, procedures and record keeping requirements of FOOD BANK OF THE ROCKIES, including maintaining annual chronological records of all receipts for products received from FOOD BANK OF THE ROCKIES. This record must be made available to FOOD BANK OF THE ROCKIES during monitoring visits and kept on file for three (3) years + current year for auditing purposes.
13. PARTNER is required to collect and maintain client served numbers per FOOD BANK OF THE ROCKIES direction. Selected Partners utilizing Link2Feed (L2F), a client service insights software, agrees to the MOU and EULA agreement; outlining terms of upholding the highest security and ethical standards in regards to client Information. L2F is offered and available to selected Partners based on program participation and gap analysis. L2F is offered at no charge to the PARTNER.
14. Serve directly to clients in the form of meals; distribute items for emergency situations and/or supplemental assistance within FOOD BANK OF THE ROCKIES’ service areas in Colorado or Wyoming. Food assistance programs are offered at no cost to the clients.
15. Have adequate storage space and agrees to store all food in a manner that is appropriate given the nature of the various food products to insure wholesomeness until used and/or distributed. FOOD BANK OF THE ROCKIES prefers food storage facilities to be commercial buildings. PARTNERS with residential storage/distribution facilities will be accepted at the sole discretion of FOOD BANK OF THE ROCKIES.
16. Abide by local, state and federal laws regarding food handling, food safety and storage. PARTNER agrees to check FDA recall website via link on FOOD BANK OF THE ROCKIES website a minimum of once weekly. FOOD BANK OF THE ROCKIES will make every attempt to notify PARTNER via email, website and waiting area postings of any FDA recalls or safety issues related to product.
17. Immediately notify FOOD BANK OF THE ROCKIES whenever it receives notice of any claim of liability with respect to food or any report of illness, which may have been caused by food provided by FOOD BANK OF THE ROCKIES.
18. Keep a minimum of one (1) staff person from each program food safety certified at all times. Food Safety recertifications are required annually. Certification is available through an online course provided by First Net Learning at no charge, or through outside sources at the PARTNER’S cost. If training takes place outside of FOOD BANK OF THE ROCKIES, PARTNER will provide proof of certification, along with the name of the training company and date of course.
19. Notify FOOD BANK OF THE ROCKIES personnel immediately in the event of an accident involving a designated representative of the PARTNER occurring anywhere on FOOD BANK OF THE ROCKIES premises. Report all injuries (including minor injuries), fill out and sign accident report provided by FOOD BANK OF THE ROCKIES. Authorized representatives of the PARTNER assume all risks of visiting, shopping and volunteering in an environment that includes, but is not limited to, lifting heavy boxes, working near machinery, walking on or around pallets of product, standing on cement or asphalt, or other potential dangers as exist in and around an operating warehouse/storage facility.
20. Support a positive work environment, free of unlawful harassment or discrimination. All PARTNER representatives while in the FOOD BANK OF THE ROCKIES Warehouse are expected to conduct themselves professionally and in a respectful manner when interacting with FOOD BANK OF THE ROCKIES staff, clients, volunteers, other Partners, vendors, and board members.
21. Abide by FOOD BANK OF THE ROCKIES’ zero tolerance policy for the following:
• Threats or violent acts directed to staff, volunteers, partner representatives or property of FOOD BANK OF THE ROCKIES: This includes, but is not limited to, threatening or hostile behaviors, physical abuse, vandalism, arson, or sabotage.
• Theft: Theft includes consuming or possessing FOOD BANK OF THE ROCKIES items meant for those eligible clients being served by the PARTNER.
• The manufacture, possession, sale or use of any controlled substance while on FOOD BANK OF THE ROCKIES premises.
Violators will be asked to leave FOOD BANK OF THE ROCKIES’ premises and will not be allowed to return. In addition, his/her PARTNER will be contacted and further action may be taken, including and up to possible suspension/termination of Partner status.
In the event FOOD BANK OF THE ROCKIES has reason to believe any parts of this agreement have been violated, the PARTNER understands the following procedures will be employed. The action taken depends on the severity of the violation and could be any of the following:
• Investigation
• Letter of warning
• Probation period
• Follow up to confirm compliance
• Loss of charge account privileges
• Loss of VIP privileges
• Termination
PARTNERS suspended or terminated may plead their case with the Programs Advisory Council at the regularly scheduled monthly meeting and agree to abide by the decisions of the council and FOOD BANK OF THE ROCKIES.
In the case of suspension or termination, the PARTNER agrees to return any product previously received from FOOD BANK OF THE ROCKIES still in its possession at the request of the FOOD BANK OF THE ROCKIES. This agreement can be terminated by either party, without cause, by written notice at least fifteen (15) days prior to termination.
The undersigned three people state their organization meets FOOD BANK OF THE ROCKIES’ requirements for partnership and agree to abide by all the above.
