Common use of AGENCY Certifications Clause in Contracts

AGENCY Certifications. The AGENCY, upon execution of this AGREEMENT, certifies or acknowledges the following: a. The AGENCY has the capability and will responsibly and equitably distribute COMMODITY to eligible recipient agencies, in accordance with eligibility criteria established annually by PDA. b. The AGENCY’S written agreements with any other entity receiving COMMODITY does not diminish requirements of this AGREEMENT on the AGENCY, nor diminish PDA’s rights and privileges defined in the AGREEMENT. c. The AGENCY is a non-profit 501(c)(3) organization as defined by the Internal Revenue Code. d. An accounting system designed in accordance with generally accepted accounting principles will be used for PROGRAM activity including the receipt, maintenance and distribution of COMMODITY offered and distributed by PDA to the AGENCY under the program. e. No eligible recipient agency or individual eligible under PROGRAM guidelines and receiving COMMODITY from the PROGRAM will be required to make payment in money or material or be required to perform any service for COMMODITY received. f. No entity through which the AGENCY distributes COMMODITY shall be charged any fees to participate in the program. g. The AGENCY cannot require recipient agencies to purchase commercial or privately donated food in order to receive COMMODITY by delivery or pick up from this PROGRAM. h. Officials and employees of the AGENCY are specifically prohibited from entering into contracts or providing any services for profit under the PROGRAM. i. Officials and employees of the AGENCY have the affirmative responsibility and duty to immediately report to PDA any instances of theft, suspected theft or mismanagement under the PROGRAM.