Memorandum of Understanding
This Memorandum of Understanding is made and entered into by and between Fontana Community Senior Center signatory hereto, (hereafter referred to collectively as “the Distribution Center”) and the Feeding America Riverside|San Bernardino Food Bank (hereafter referred to as “the Food Bank”).
The Distribution Center and the Food Bank agree to distribute perishable and non-perishable food commodities to low-income Individuals/Families in accordance with the established eligibility requirements of The Emergency Food Assistance Program (hereafter referred to collectively as “TEFAP”) through the Senior Mobile Food Pantry Program (hereafter referred to collectively as “SMPP”).
The agreed upon distribution address is: 16710 Ceres Avenue, Fontana, CA 92335.
The parties, in consideration for the covenant and promises contained herein, agree to:
1. Both parties agree to refer clients to the Distribution Center for its services;
2. Food commodities will be distributed once a month at the Di stribution Center using the Distribution Center’s resources and personnel from the Food Bank at specified distribution times;
3. The Food Bank will distribute Meal Relief Food Kits to the Center’s clients and other qualified clients that may have missed a previous distribution at another location;
4. Each party will define its staffing requirements for providing distribution services;
5. Each party will work on providing timely SMPP related customer service to the Center’s SMPP qualified clients at all times;
6. Each party shall add the other as an additional insured under their respective liability insurance policies and provide proof of the addition in writing to each other within 30 days of the signing of this agreement;
7. The Feeding America Riverside|San Bernardino Food Bank and Fontana Community Senior Center hereby agree on behalf of their representatives, administrators, insurers, successors and assigns, distributes, officers, shareholders, employees, agents and any others acting on their behalf to fully release, discharge and to not make any claim against, file a lawsuit against, and/or attach the property of each other (including without limitation, any of the either entities’ employees, officers, elected and appointed officials, volunteers, Boards, departments, agents, attorneys, contractors, and/or anyone else acting on their behalf (collectively the “Released Parties”) for any and all claims, causes of action, including, but not limited to, emotional distress, bodily injury, death or property damage arising out of any and all action and/or omissions by any of the Released Parties and/or anyone else acting on the Released Parties’ behalf in connection with the distribution of food by the Releasing Parties including, without limitation, the conditions of the Distribution Center and/or the food for the same This release shall be effective even if the loss, damage or injury was not foreseeable or results, in whole or in part, from the negligence of the Released Parties and/or any of the above persons.
8. The Distribution Center understands that this distribution arrangement may be temporary in nature and that if the Foodbank elects to terminate this agreement (to discontinue the distribution of SMPP commodities from this site), the Food Bank will provide a 30 day written notice notifying the reason of discontinuance, a fair hearing process and food referrals.
9. The terms and conditions of the Agreement are not assignable unless agreed to in writing by the parties.
10. This document makes up the entire agreement between the parties. This Agreement may not be modified, altered, or changed in any regard except upon the expressed written consent of the Distribution Center and the Food Bank. Once signed the Agreement will be in effect until either agency decides to terminate the Agreement in writing with 30 days advance notice.
In witness whereof, Fontana Community Senior Center and the Feeding America Riverside|San Bernardino Food Bank have caused this agreement to be executed by their authorized representatives.
_____________________________ ________________________________ Fontana Community Senior Center Azucena Ortega/ SMPP Supervisor Representative Feeding America Riverside|San Bernardino Food Bank
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_____________________________ _________33-0072922______________ Federal Tax Identification Number Federal Tax Identification Number