And

New Mexico Public Education Department

Coordinated School Health and Wellness Bureau

HEALTHYSTUDENTS

MEDIA BUSINESS

PUBLICSERVICES

CULTURAL TRADITIONS

EDUCATIONAL SYSTEMS

COMMUNITY

Request for Proposal: RFP#2017-009-ADM

Fixed Price Food Service Management Company

TABLE OF CONTENTS

I. NOTICE OF REQUEST FOR PROPOSALS

II. TERMS AND CONDITIONS FOR REQUESTS FOR PROPOSALS

III. EXPLANATION OF EVENTS

IV. INSTRUCTIONS TO OFFERORS

V. ADDITIONAL REQUEST FOR PROPOSAL TERMS AND CONDITIONS

VI. REQUIRED MATERIALS CONSTITUTION A RESPONSIVE PROPOSAL

VII. SCOPE OF WORK

ATTACHMENTS:Attachment A: Completed Certificate of Independent Price DeterminationAttachment B: Certificate of Suspension and DebarmentAttachment C: Certification of Clean Air and WaterAttachment D: Certification Regarding LobbyingAttachment E: Disclosure of Lobbying ActivitiesAttachment F: Financial Pro FormaAttachment G: Program InformationAttachment H: Proposal Coversheet CertificationAttachment I. RRPS Offeror Signatory FormAttachment J: RRPS Campaign Contribution Disclosure FormAttachment K: Business References form

APPENDICES:Appendix A: MINIMUM FOOD SPECIFICATIONSAppendix B: RFP Question Submittal FormAppendix C: Lunch Times – School year 2016-2017Appendix D: Eligibility Group Count by SchoolAppendix E: Current Labor guide by School (2016-2017)Appendix F: Insurance RequirementsAppendix G: NEW MEXICO PED ContractAppendix H: Reimbursement Claims

I. NOTICE OF REQUEST FOR PROPOSALS FOR SCHOOLFOOD SERVICE MANAGEMENT SERVICES

__________This is a

REQUEST FOR PROPOSALby

Rio Rancho Public Schools in the administration of one or more USDA Child Nutrition Programs

hereafter referred to as “RRPS or the Local Educational Agency (LEA)

TO OPERATE AND MANAGE THE SCHOOL FOOD SERVICEFOR SAID LOCAL EDUCATIONAL AGENCY

FOR THE SCHOOL YEAR BEGINNING JULY 1, 2017RENEWABLE FOR THREE ONE-YEAR TERMS

PROPOSALS WILL BE RECEIVED UNTIL Thursday, April 28, 2017 at 2:00 pm

PROPOSALS WILL BE CONSIDERED AND A CONTRACT EXECUTED PURSUANT

TO THE PROPOSED TIMELINE IN SECTION II, PART B BELOW.

PROPOSALS AND SUPPORTING DOCUMENTATION AS DESCRIBED IN THIS

REQUEST FOR PROPOSAL (RFP) ARE TO BE DELIVERED TO:

Tom Weeks, Chief Procurement Officer

500 Laser Road NE

Rio Rancho, NM 87124

II. TERMS AND CONDITIONS FOR REQUEST FOR PROPOSALS

FOR SCHOOL FOOD SERVICE MANAGEMENT CONTRACT

A. INTRODUCTION

Pursuant to state and federal law, Rio Rancho Public Schools, (hereafter referred to as “RRPS” or “LEA”) participating in the National School Lunch Program (NSLP), Fresh Fruit and Vegetable Program (FFSVP), School Breakfast Program

(SBP), or Seamless Summer Food Service Program (SSO) may contract with a food service management company (FSMC) to operate eligible school food services. The administration of all USDA Child Nutrition Programs is the responsibility of the New Mexico Public Education Department (hereafter called the Department).

This RFP is intended to provide FSMCs with the opportunity to present their qualifications and approach clearly and succinctly, while providing RRPS with comparable information from each proposer.

The successful FSMC will be required to enter into the New Mexico Public Education Department standard form agreement titled “LEA- FSMC Contract”. The contract awarded will be a fixed price contract. The FSMC will be paid at a fixed rate per meal. RRPS must determine and receive the full value of USDA Foods, i.e., credits or reductions. The FSMC is responsible for reporting this monthly to RRPS. Adjustments may be accomplished on the monthly invoice from the FSMC or by an annual adjustment as determined by RRPS. USDA Foods values are to be based on the values posted by the New Mexico Human Services Department and shall include both the basic USDA Foods allocation.

B. TIMELINE

Proposed Schedule (state agency may propose a different schedule if needed):RFP Release: Run ad in Journal Tuesday, March 28, 2017Proposal Meeting and Site Visit Tour (Mandatory) April 7, 2017RFP Questions Due (See Appendix B): April 10, 2017Proposals Due: 2:00 pm, April 28, 2017Proposals Scored: April 28th through May 5th, 2017Board Approval of Selected Proposer: May, 2017State Agency Approval: May 22, 2017Contract Signed and Executed By: May 30, 2017

Submit signed contract to the Department: June 2, 2017

C. GENERAL PROPOSAL INFORMATION

The LEA reserves the right, in its sole discretion:

1. to amend the RFP;2. to extend the deadline for submitting proposals;3. to decide whether a proposal does or does not substantially comply with the

requirements of this RFP;4. to waive any minor irregularity, informality, or nonconformance with this RFP;5. to obtain or provide references to other public agencies, upon request,

regarding the proposer’s contract performance; and 6. at any time prior to the contract execution (including after announcement of the

apparent awardee):

(a) to reject any proposal that fails to substantially comply with all prescribed RFP requirements and procedures, and

(b) to reject all proposals received and cancel this RFP upon a finding by RRPS that there is good cause therefore and that such cancellation would be in the best interests of RRPS.

ALL PROPOSERS WHO SUBMIT A RESPONSE TO THIS RFP UNDERSTAND AND AGREE THAT THE DEPARTMENT ANDRRPS ARE NOT OBLIGATED THEREBY TO AWARD A CONTRACT TO ANY PROPOSER. NEITHER THE DEPARTMENT NORRRPS HAS ANY FINANCIAL OBLIGATION TO ANY PROPOSER. IN ADDITION, EACH PROPOSER UNDERSTANDS AND AGREES THAT NEITHER THE DEPARTMENT NORRRPS SHALL BE RESPONSIBLE FOR ANY EXPENSES AND COSTS INCURRED IN SUBMITTING A RESPONSE TO THIS RFP. EACH PROPOSER WHO RESPONDS TO THIS RFP DOES SO SOLELY AT THE PROPOSER’S COST AND EXPENSE.

D. ADDENDA

Questions regarding the information contained in this Request for Proposal must be submitted to Tom Weeks, Rio Rancho Public Schools, not later than Monday, April 10, 2017. All questions must be submitted in writing or sent to tom.weeks@rrps.net and received by the specified date and time. No oral questions or post marks will be accepted.

If any part of this RFP is amended, addenda will be provided to all proposers who received the initial RFP. Once the proposal due date has passed, addenda will be provided to all proposers who submitted a proposal.

Failure to acknowledge all addenda may result in declaration of your RFP as nonresponsive.

E. SUBMISSION OF PROPOSALS

The following items explain the format requirements for proposal preparation and submission. RRPS reserves the right to eliminate from consideration any FSMC proposal received, which does not follow this format.

Proposals and price information must be submitted using only 8 ½" x 11" white paper. Proposals shall be typed but without expensive art work, unusual printing, or other materials not essential to the utility and clarity of the Proposals.

Application should have a title page which list all contact information.

At least one proposal must bear an original signature signed in Blue ink and dated by the Applicant/s or a representative legally authorized by the Applicant/s.

Three (3) copies of the proposal (One original and three copies) must be submitted in sealed packages or envelopes. All packages and envelopes must be marked clearly with the note: “RFP--School Food Service” with the date and

time for opening. One (1) copy of the proposal submitted electronically on a CD in word.

No oral, telephonic, or facsimile proposals will be accepted.

Proposals including pricing information must be received by Friday, April 28, 2017 at 2:00 pm. Late proposals or modifications will not be accepted.

F. ACCEPTANCE OF CONTRACTUAL REQUIREMENTS

RRPS/LEA considers this RFP to be legally binding. This RFP and the resulting winning proposal submitted by an offeror in response to this RFP will be incorporated into the subsequent awarded contract between the selected FSMC and RRPS/LEA. It should be understood by the offeror that this means RRPS expects the offeror’s proposal in response to this RFP to satisfy all requirements listed herein. Exceptions should be explicitly noted in offeror’s proposal. Lack of exceptions listed on an offeror’s proposal will be considered as acceptance of all of the specifications including terms and conditions and other requirements as presented in this RFP. All exceptions will be evaluated after the due date during the time of proposal evaluations. No exceptions, addendums, amendments, or other changes to the awarded contract will be allowed thereafter. The only allowable amendments will be the amendment to renew the awarded contract. This amendment will be presented to the contractor by the SFA at the time of renewal. The addition of offeror’s terms and conditions after due date of this RFP will not be allowed.

G. PRICE

Prices, costs, and expenses quoted in submitted proposals shall include all costs for services provided under the contract. RRPS shall establish all selling prices, including price adjustment, for all reimbursable and non-reimbursable meals/milk and a la carte sales (including vending, adult meals, contract meals, and catering) prices.

H. PUBLIC RECORDS

This RFP and one copy of each proposal received in response to it, together with copies of all documents pertaining to the award of a contract, shall be kept by RRPS and made part of a file or record, which shall be open to public inspection.

Sheets identified as containing trade secret information shall not contain non-trade secret material. A violation of this requirement shall result in the entire sheet being subject to public disclosure. LEA shall have no liability of the disclosure of trade secret material and especially so when the material is not properly marked or separated from non-trade secret material.

I. INVESTIGATION OF REFERENCES

The LEA reserves the right to investigate the references and past performance of any proposer with respect to its successful completion of similar projects, compliance with contractual obligations and specifications, and lawful payments of suppliers, contractors, and workers. RRPS may postpone the award or execution

Criteria Points Cost (required to be the primary scored criteria)

__ 60__Experience, References ___10__Innovation ___ 5__Involvement of Students, Staff, and Patrons ___ 5___Menu and Portion Sizes if the 21-day cycle menu is developed by the FSMC. (SFA shall delete this criterion if the SFA developed the menu(s)) ___10__On-site Manager __ 5___Promotion of the School Food Service Program ___ 5___

TOTAL: _ 100___

of the contract after the announcement of the apparent successful proposer in order to complete the investigation. RRPS reserves the right to reject any or all proposals at any time prior to the execution of a contract.

Proposers must include a listing of comparable District where they have current Child Nutrition management services. Listing must include a district contact name, email address, and telephone number.

Proposers must include in the listing all Districts in the State of New Mexico where they currently provide Child Nutrition management services.

Proposers must include a listing of all lost or discontinued District accounts within the last five (5) years.

J. RECYCLED PRODUCTS

Proposers shall use recycled products to the maximum extent economically feasible in the performance of the contract work set forth in this document. .

K. PROPOSAL MEETING AND SITE VISIT

The scheduled mandatory proposal meeting and site visit is a proposer’s only opportunity to visit the sites Information provided as a result of proposer questions at the meeting will be distributed as addenda. Attendance at proposal meeting and site tours shall be limited to two (2) outside representatives from each proposer.

Vendors may have cameras to document the sites visited. Under no circumstances will photos of students or staff be allowed. Questions during the tour will be noted by LEA staff with answers being distributed via addendum at a later date. Vendors may also submit questions in writing after the tour.

L. PROPOSAL EVALUATION PLAN

Proposals shall be thoroughly reviewed and subjected to an impartial evaluation by LEA administrators using the following scoring system. Please keep in mind that cost must be the primary factor in awarding a contract.

M. POST-SELECTION REVIEW

Competing proposers shall be notified in writing of the selection of the apparent successful proposer and shall be given five (5) calendar days to review the RFP file and evaluation report at RRPS office. Any questions or concerns about the selection process must be in writing and must be delivered to:

Tom Weeks, Chief Purchasing Officer

Rio Rancho Public Schools

500 Laser Road ne

Rio Rancho, NM 87124

The LEA will promptly respond to proposer questions or concerns. The decisions of RRPS are final.

N. CONTRACT:

The successful proposer shall enter into a fixed price contract for a period beginning on or about July 1, 2017 and ending June 30, 2018 for a maximum of twelve months. The contract may be renewed for another twelve months, upon mutual written agreement of RRPS and FSMC, for up to three additional one year periods after the original contact totaling up to four years.

The successful proposer shall enter into a contract with RRPS, which embodies the preceding specifications.

The contract must be drafted by RRPS using the NMPED template contract (REFERENCE APPENDIX G) as revised to reflect negotiations and subject to final approval by RRPS. The awarded contract must be completed and include all documents contained in the RFP and subsequent negotiations. Changes or amendments are not valid unless approved by NMPED prior to contract execution of the awarded contract between RRPS and the selected FSMC.

O: MANDATORY PRE-PROPOSAL CONFERENCE:Pre-Proposal Conference – A mandatory pre-proposal conference is scheduled for Friday, April 7, 2017 at 9:00 am and will be held in the cafeteria at Martin Luther King Elementary School (1301 Nicklaus Dr. SE, Rio Rancho, New Mexico 87124 (505)892-2575). From here, the tour will then proceed to Rio Rancho Middle School (1600 Loma Colorado Blvd NE) then on to Cleveland High School (4800 Laban Rd NE). The purpose of a Pre-Proposal meeting is to review the RFP documents, including the Scope of Work, Response Format, Schedule, and Price Proposal requirements. Attendance at the Pre-Proposal meeting is mandatory; it is highly suggested that appropriate Offeror staff attend to better understand the RFP process and the RRPS’s expectations.

III. EXPLANATION OF EVENTS1. Submission of Proposal: All offeror Proposals must be received for review and evaluation by the Chief Procurement Officer or his/her designee no later than the established due date and time. RRPS will record the date and time each submittal was received. Proposals must be addressed and mailed or delivered to the Chief Procurement

Officer. Proposals must be sealed and labeled on the outside of the package to clearly indicate that they are in response to the Request for Proposal. Proposals received after this deadline, or submitted by facsimile, will not be accepted.

2. Any questions or requests for clarification concerning this RFP solicitation should be submitted in writing, utilizing the format prescribed within Appendix B, by Tuesday, April 11, 2017 to the Chief Procurement Officer. RRPS’s response to the questions that have been timely submitted will be provided in written format and posted as an amendment to this RFP on the website at http://tinyurl.com/rrps-web-rfp.

3. Proposal Evaluation: An Evaluation Committee, appointed by the Chief Procurement Officer, will perform the evaluation of Proposals. During this time, the Chief Procurement Officer may at his/her option initiate discussions with offerors who submit responsive or potentially responsive Proposals for the purpose of clarifying aspects of the Proposal, but Proposals may be accepted and evaluated without such discussion. 4. Contract Award: After review and evaluation of the offers received the Procurement Department shall submit a recommendation for award to the RRPS Board formally requesting authorization to the award of the contract. The contract shall be awarded to the offeror whose Proposal is most advantageous to RRPS, taking into consid-eration the evaluation factors set forth in the RFP.

5. Protest Deadline: Any protest by an offeror must be timely and in conformance with Section 13-1-172 NMSA 1978 and applicable RRPS Procurement regulations. The fifteen (15) calendar-day protest period regarding the solicitation documents shall begin on the day following the posting of legal notice. The fifteen (15) calendar-day protest period regarding contract award shall begin on the date the notice of award has been posted to the RRPS Procurement website and end at the close of business on the 15th day following the posting. Protests must be written and must include the name and address of the protestor and the Request for Proposal number. It must also contain a statement of grounds for protest including appropriate supporting exhibits and it must specify the ruling requested from the Chief Procurement Officer. Protests received after the above stated deadlines will not be accepted.

IV. INSTRUCTIONS TO OFFERORS1. ACKNOWLEDGEMENT OF ADDENDA. Offerors shall acknowledge receipt of any

addenda to this Request For Proposals by identifying the addenda number and date in the space provided on the RFP Offer Signatory Form (Exhibit D).

2. AWARD INFORMATION. Award information will be posted on the Purchasing Department Home Page.

3. CANCELLATION. The District reserves the right to cancel without penalty, this request for proposals, any resultant purchase order or any portion thereof for unsatisfactory performance or unavailability of funds.

4. CLARIFICATIONS. Any requests for clarification of instructions, terms and conditions, insurance, bonds, or offer preparation shall be made only by the Purchasing representative shown on the cover sheet of this Invitation. Note, RRPS will publish and distribute all clarifications in the form of written addenda. Offerors are

advised that only published written addenda are to be considered and relied upon as part of this Invitation.

5. LATE SUBMISSIONS. Late submissions of request for proposals will not be considered unless it is determined by the District that the late receipt was due solely to mishandling by the District or the RFP is the only RFP received. All other late submissions will be returned unopened.

6. MODIFICATIONS. Only modifications received prior to the date and time specified for the RFP closing will be accepted. No modifications will be accepted following the opening. Technical clarifications of the RFP submittal may be requested by the Buyer following the opening.

7. NUMBER FOR RFP CLARIFICATION. The Offeror should include a local or toll-free number for RFP clarifications. Failure to do so may result in the offer being classified as non-responsive.

8. NUMBER OF COPIES. Please submit the number of copies of your offer and all supporting documents stated on the cover sheet. Failure to submit the required number of copies may result in your offer being considered non-responsive.

9. PERIOD FOR OFFER ACCEPTANCE. The Offeror agrees, if his RFP is accepted within 120 calendar days of the closing date, to furnish any and all item(s) and/or services at the prices set forth in his/her RFP, delivered to the designated point(s) within the specified time in the delivery schedule. An additional time period may be requested elsewhere in this Request For Proposals.

10.REJECTION OF REQUEST FOR PROPOSALS. The District reserves the right to award this request for proposals based on price and any other evaluation criteria contained herein, to reject any and all proposal submittals or any part thereof, and to accept the offer that is in the best interest of the District.

11.SUBMISSIONS OF DRAWINGS/LITERATURE. All submissions shall be made at no expense to the District. Returns shall only be made at the Offerors request and expense.

12.TELEGRAPHIC/ELECTRONIC SUBMITTAL. Telegraphic/Electronic submittals will not be considered unless specifically authorized by the Buyer listed on the cover sheet. However, offers that have been submitted may be modified by telegraphic notice, provided that the notice is received by the DUE DATE AND TIME specified for the closing.

13.WITHDRAWAL OF REQUEST FOR PROPOSALS. Proposal submittals may be withdrawn by written notice, telegram or in person by an offeror or an authorized representative any time prior to the award. Request for proposals requiring RFP security will result in forfeiture of the security if the offer is withdrawn following the opening.

14.RIGHT TO WAIVE MINOR IRREGULARITIES. RRPS reserves the right to waive minor irregularities. RRPS also reserves the right to waive mandatory requirements

provided that all of the otherwise responsive request for proposals failed to meet the same mandatory requirements and the failure to do so does not otherwise materially affect the procurement. This right shall be exercised at the sole discretion of RRPS Chief Procurement Officer.

15.OFFEROR DEFINED. Reference to the terms offeror, seller, service provider, offeror, contractor are to be defined, viewed and interpreted to be interchangeable and to have the same meaning as one another, as referenced in this solicitation.

V. ADDITIONAL REQUEST FOR PROPOSAL (RFP) TERMS AND CONDITIONS

1. ADDRESSES FOR NOTICES. Any notice required to be given or which may be given under this RFP or a resultant contract shall be in writing and delivered in person or via first class mail.

Address if notice delivered by first class mail: Rio Rancho Public Schools Purchasing Department500 Laser Road NERio Rancho, New Mexico 87124

2. CANCELLATION. The District reserves the right to cancel, without penalty, this RFP, any resultant contract or any portion thereof for unsatisfactory performance, convenience, cancellation of the project or unavailability of funds.

4. DEBARMENT AND SUSPENSION CERTIFICATION FORM. Offeror is required to sign the attached SUPPLIER DEBARMENT AND SUSPENSION CERTIFICATION FORM. Failure to provide the District with a completed Conflict of Interest Form may result in the RFP submittal being considered non-responsive.

5. COST ANALYSIS/BREAKDOWN. A cost analysis or breakdown of your offer may be required. If required, the cost analysis information may be marked as confidential information if it includes information considered to be proprietary to your operation. The total RFP cost will not be considered confidential.

6. DAMAGE AND SECURITY OF RRPS PROPERTY: The Offeror shall be responsible for all damage to persons or property that occurs as a result of offeror’s fault or negligence, or that of any of his employees, agents and/or subcontractors. The offeror shall save and keep harmless RRPS against any and all loss, cost, damage, claims, expense or liability in connection with the performance of any contract awarded in response to this solicitation. Any equipment or facilities damaged by the offeror’s operations shall be repaired and/or restored to their original condition at the offeror’s expense, including but not limited to cleaning and painting.

8. DISCLOSURE OF RFP SUBMITTAL CONTENTS: The RFP submittals will be kept confidential until after a contract award has been made. At that time, all RFP submittals and documents pertaining to the proposal submittals will be open to the public, except for the material that is proprietary or confidential. The District will not disclose or make public any pages of a proposal submittal on which the Seller has stamped or imprinted

“proprietary” or “confidential” subject to the following requirements. Proprietary or confidential data shall be readily separable from the RFP submittal in order to facilitate eventual public inspection of the non-confidential portion of the RFP submittal. Confidential data is normally restricted to confidential financial information concerning the Seller’s organization and data that qualifies as a trade secret in accordance with the Uniform Trade Secrets Act, 57-3A-1 to 57-3A-7 NMSA 1978. The price of products RFP or the cost of services proposed shall not be designated as proprietary or confidential information. If a request is received for disclosure of data for which a Seller has made a written request for confidentiality, the District shall examine the Seller’s request and make a written determination that specifies which portions of the RFP submittal should be disclosed. Unless the Seller takes legal action to prevent the disclosure, the RFP submittal will be disclosed. The RFP submittal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

9. ELIGIBILITY FOR PARTICIPATION IN GOVERNMENT PROGRAMS. Each party represents that neither it nor any of its management or any other employees or independent contractors who will have any involvement in the services or products supplied under this solicitation or any resultant agreement, have been excluded or debarred from participation in any government program. Further, each party represents that it is not aware of any such pending action(s) (including criminal actions) against each party or its employees or independent contractors. Each party shall notify the other immediately upon becoming aware of any pending or final action in any of these areas.

10. EMPLOYEE CERTIFICATION: The Seller and all Seller’s employees utilized on the work to be performed under this RFP must have the proper certification(s) and license(s) to comply with State and Local requirements in regard to the work to be performed under this RFP. The Seller shall use only fully qualified and approved service technicians to perform inspections, service and/or repairs covered under this RFP.

12. FINANCIAL STATEMENT. All Offerors may be required to submit with their RFP submittal an audited Financial Statement from the end of their most recent fiscal year.

13. INSURANCE REQUIREMENTS. The Seller is required to carry insurance that meets the requirements in the Appendix F labeled “INSURANCE REQUIREMENTS” or as noted in the specifications. Seller must submit the Certificate of Insurance to the appropriate Buyer prior to commencing work under an Agreement. Insurance shall remain in effect for the entire term of the Agreement and must be extended to coincide with any future contract extensions. This RFP Number must appear on the Certificate of Insurance.

14. OSHA REGULATIONS. The Seller shall abide by Federal Occupational Safety and Health Administration (OSHA) regulations, the State of New Mexico Environmental Improvement Board’s Occupational Health and Safety Regulations that apply to the work performed under this RFP. The Seller shall defend, indemnify, and hold RRPS free and harmless against any and all claims, loss, liability and expense resulting from any alleged violation(s) of said regulation(s) including but not limited to, fines or penalties, judgments, court costs and attorney’s fees.

15. PROTECTION OF CONFIDENTIAL DATA. Service Provider agrees to abide by the limitations on re-disclosure of personally identifiable information from education records set forth in The Family Educational Rights and Privacy Act (34 CFR § 99.33 (a)(2) and with the terms set forth below. 34 CFR 99.33 (a)(2) states that the officers, employees and agents of a party that receives education record information from the Institution may use the information, but only for the purposes for which the disclosure was made.

Definition: Covered data and information (CDI) includes paper and electronic student education record information supplied by Institution, as well as any data provided by Institution’s students to the Service Provider.Acknowledgment of Access to CDI: Service Provider acknowledges that the Purchase Order/Agreement allows the Service Provider access to CDI.

Prohibition on Unauthorized Use or Disclosure of CDI: Service Provider agrees to hold CDI in strict confidence. Service Provider shall not use or disclose CDI received from or on behalf of Institution (or its students) except as permitted or required by the Purchase Order/Agreement, as required by law, or as otherwise authorized in writing by Institution. Service Provider agrees not to use CDI for any purpose other than the purpose for which the disclosure was made. If the Family Policy Compliance Office of the U.S. Department of Education determines that the Service Provider improperly disclosed personally identifiable information obtained from Institution’s education records, Institution may not allow the Service Provider access to education records for at least five years.

Return or Destruction of CDI: upon termination, cancellation, expiration or other conclusion of the Purchase Order/Agreement. Service Provider shall return all CDI to Institution or, if return is not feasible, destroy any and all CDI. If the Service Provider destroys the information, the Service Provider shall provide Institution with a certificate confirming the date of destruction of the data.

Maintenance of the Security of Electronic Information: Service Provider shall develop, implement, maintain and use appropriate administrative, technical and physical security measures to preserve the confidentiality, integrity and availability of all electronically maintained or transmitted CDI received from, or on behalf of Institution or its students. These measures will be extended by contract to all sub-contractors used by Service Provider.

Reporting of Unauthorized Disclosures or Misuse of Covered Data and Information : Service Provider shall, within one day of discovery, report to Institution any use or disclosure of CDI no authorized by this Purchase Order/Agreement or in writing by Institution. Service Provider’s report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) the CDI used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what Service Provider has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what

corrective action Service Provider has taken or shall take to prevent future similar unauthorized use or disclosure. Service Provider shall provide such other information, including a written report, as reasonably requested by Institution.

Indemnity: Service Provider shall defend and hold Institution harmless from all claims, liabilities, damages, or judgments involving a third party, including Institution’s costs and attorney fees, which arise as a result of Service Provider’s failure to meet any of its obligations under this Purchase Order/Agreement.Note: Inclusion of data by students into the terms of the contract will depend upon the contract and may not be needed."

16. REFERENCES. The Offeror may be required to furnish a listing of references of organizations and/or businesses that Offeror has provided with similar goods and/or services. The organization’s name, a contact, a telephone number and a brief description of the goods and/or services provided are required for each reference (See Attachment K). Failure to submit the information may result in the Offeror’s RFP submittal being considered as non-responsive. RRPS may make such investigations as necessary to determine the ability of the Offeror to adhere to the requirements specified within this RFP. The RRPS Purchasing Department will reject the RFP submittal of any Offeror who is not a responsible Offeror or fails to submit a responsive RFP submittal as defined in Section 13-1-83, and Section 13-1-85 NMSA 1978.

17. RELEASE RRPS GOVERNING BOARD. The Contractor shall, upon final payment of the amount due under a resultant Purchase order/Agreement, release the Governing Board of Rio Rancho Public Schools, their officers and employees, and the State of New Mexico from liabilities, claims and obligations whatsoever arising from the Purchase Order/Agreement. The Contractor agrees not to purport to bind Rio Rancho Public Schools or the State of New Mexico to any obligation not assumed in the Purchase Order/Agreement by the Regents of Rio Rancho Public Schools or the State of New Mexico unless the Contractor has express, written authority to do so, and then, only within the strict limits of that authority.

18. RIGHT TO PROTEST. This solicitation or the award of an RFP may be protested as per RRPS Purchasing Department Protest Procedures.

19. SCHEDULE DELAYS. If after the award, the Seller becomes aware of possible problems that could result in delay in completion of the work on the agreed-to schedule, the Seller must immediately notify the Buyer or the designated representative. The initial notification of the delay may be verbal with a written confirmation, giving the probable cause and effect, with recommendations for alternate action. Nothing in this paragraph will be interpreted as relieving the Seller of its contractual obligations; however, failure to notify the District promptly will be a basis for determining the Seller responsibility in an otherwise excusable delay.

20. SELLER’S EMPLOYEES AND AGENTS. Seller shall have complete charge and responsibility for persons employed by Seller and engaged in the performance of the specified work. The Seller, its agents and employees state that they are independent contractors and not employees of the District. Seller, its agents and employees shall

not accrue leave, retirement, insurance, bonding or any other benefit afforded to employees of the District as a result of this Purchase Order.

21. SITE FAMILIARITY. The Seller shall be responsible for thoroughly inspecting the site and work to be done prior to submission of an offer. The Seller warrants by this submission that the site has been thoroughly inspected and the work to be done and that the offer includes all costs required to complete the work. The failure of the Seller to be fully informed regarding the requirements of this solicitation will not constitute grounds or any claim, demand for adjustment or the withdrawal of an offer after the opening.

22. STATE AND LOCAL ORDINANCES: The Seller shall perform work under the resultant contract in strict accordance with the latest adopted version of all State and local codes, ordinances, and regulations governing the work involved. All materials and labor necessary to comply with the rules, regulations and ordinances shall be provided by the Seller. Where the drawings and/or specifications indicate materials or construction in excess of the code requirements, the drawings and/or specifications shall govern. The Seller shall be responsible for the final execution of the work to meet these requirements. In the event of a conflict between various codes and standards, the more stringent shall apply.

23. PENALTIESThe Procurement Code Section 13-1-28 at seq. NMSA 1978, as amended imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose criminal penalties for bribes, gratuities and kickbacks.

24. SELLER’S EMPLOYEES AND AGENTSSeller shall have complete charge and responsibility for persons employed by Seller and engaged in the performance of the specified work. The Seller, its agents and employees state that they are independent contractors and not employees of RRPS. Seller, its agents and employees shall not accrue leave, retirement, insurance, bonding or any other benefit afforded to employees of RRPS as a result of this Purchase Order.

25. WORKERS COMPENSATIONNo workers compensation insurance has been or will be obtained by RRPS on account of Seller or its employees or agents. Seller shall comply with the workers compensation laws with respect to Seller and Seller's employees and agents.

26. CAMPAIGN DISCLOSURE a) The Seller will disclose all campaign contributions given by the Seller or a family

member or representative of the Seller to any RRPS Governing Board member two years prior to the issuance of this purchase order, if the aggregate total of contributions given by the Seller or a family member or representative of the Seller to the RRPS Governing Board Member exceeds $250 over the two-year period. The disclosure will indicate the date, amount, nature and purpose of the contribution. The disclosure statement will be on a form developed and made available electronically by RRPS’s Purchasing Department (See Attachment: J).

Criteria Points Cost (required to be the primary scored criteria)

__ 60__Experience, References ___10__Innovation ___ 5__Involvement of Students, Staff, and Patrons ___ 5___Menu and Portion Sizes if the 21-day cycle menu is developed by the FSMC. (SFA shall delete this criterion if the SFA developed the menu(s)) ___10__On-site Manager __ 5___Promotion of the School Food Service Program ___ 5___

TOTAL: _ 100___

b) A Seller submitting a disclosure statement pursuant to this section who has not contributed to an applicable public official, whose family members have not contributed to an applicable public official or whose representatives have not contributed to an applicable public official will make a statement that no contribution was made.

c) A Seller or a family member or representative of the Seller will not give a campaign contribution or other thing of value to an applicable public official during the pendency of the procurement process or during the pendency of negotiations for a sole source or small purchase contract.

VI. REQUIRED MATERIALS CONSTITUTING ARESPONSIVE PROPOSAL

A. EVALUATION PROCESS: 1. All offeror Proposals will be reviewed for compliance with the mandatory

requirements stated within the RFP. Proposals deemed non-responsive will be eliminated from further consideration.

2. Responsive Proposals will be evaluated based upon the stated evaluation factors identified within this Section, which have been assigned a point value. The responsible offerors with the highest scores may be selected as finalist offerors based upon their Proposal submittal. Finalist offerors who are asked to submit revised Proposals for the purpose of obtaining best and final offers will have their points recalculated accordingly. The responsible offeror whose Proposal is most advantageous to RRPS, taking into consideration the evaluation factors, will be recommended for contract award.

3. Any questions concerning the evaluation process for this RFP should be submitted in writing to the RRPS Chief Procurement Officer. All responses will be in writing and posted as amendments on the website at http://tinyurl.com/rrps-web-rfp. For any questions concerning the project process or scheduling during the selection process, or for project management information, please contact the Chief Procurement Officer.

Proposals shall be thoroughly reviewed and subjected to an impartial evaluation by LEA administrators using the following scoring system. Please keep in mind that cost must be the primary factor in awarding a contract.

B. MANDATORY ITEMS

THE FOLLOWING ITEMS 1 - 18 ARE TO BE SUBMITTED WITH ALL PROPOSALS. PROPOSALS NOT CONTAINING ALL APPLICABLE ITEMS WILL BE REJECTED.

1. Cover Letter. The Proposer must submit a cover letter, which contains a brief explanation of the features of the proposal. The Proposer must include the email address, telephone and facsimile numbers of an authorized representative of the FSMC. The cover letter should acknowledge receipt of any amendments or modifications to the RFP.

2. Completed Certificate of Independent Price Determination (Attachment A)

3. Certificate of Suspension and Debarment—if applicable (Attachment B)

4. Certification of Clean Air and Water – if applicable (Attachment C)

5. Certification Regarding Lobbying – if applicable (Attachment D)

6. Disclosure of Lobbying Activities (Attachment E)

7. Financial Pro Forma (Attachment F)

8. Program Information (Attachment G)

9. Proposal Coversheet Certification (Attachment H)

10.RRPS Offeror Signatory Form (Attachment I)

11.RRPS Campaign Contribution Disclosure Form (Attachment J)

12.Business References form (Attachment K)

13.Buy American Provision -RRPS and the FSMC shall purchase, to the maximum extent practicable, domestic agricultural commodities or products substantially processed in the United States. “Substantially” means the final processed product contains over 51% domestically grown agricultural commodities. This provision applies to all food purchases paid from the nonprofit school food services account.

14. Financial Terms: Complete as to all price terms, methods of determining costs, rebates, methods of allocating expenses, methods of determining meal equivalents, and all formulas for computing fixed price per meal rate. The FSMC shall determine a per meal price as if all food was purchased (no commodities available.). To the extent relevant in determining financial terms, the FSMC shall use the exact information provided in Appendix (A).

For fixed price per meal purposes, each reimbursable lunch shall be considered one (1) meal/meal equivalent, each reimbursable breakfast shall be considered one-third (1/3) of a meal/meal equivalent, and one reimbursable snack shall be considered one-fourth (1/4) of a meal/meal equivalent. All meals must follow meal patter requirements in 7CFR 210.10 and 220.8.

Computation of Lunch Equivalency Rate (LER) for a la carte sales.

The computation below for computation of LER is only a model. SFAs are encouraged to use this criterion as a minimum in computing the LER and should establish the rate based on other district criteria in efforts to promote reimbursable meals over a la carte sales.

Year One Lunch Equivalency Rate (LER)

1. Current Year Federal Free Rate of Reimbursement: $ ____________

2. Current Year State Match Reimbursement Rate: $ ____________

3. Current Year Value of USDA Entitlement USDA Foods: $ ____________

Total Lunch Equivalency Rate (Sum of 1+2+3): $____________

15.Menu Cycle. The FSMC must comply with the 21-day menu cycle and specifications (ATTACHMENT G) developed for the NSLP, and SFSP. Any changes made by the FSMC after the first initial menu cycle may be made only with the approval of RRPS. RRPS shall approve the menus no later than two (2) weeks prior to services. (Reference 7 CFR 210.16(b) (1)).

16.Schools to be served. The individual named schools and sites within the jurisdiction of RRPS that the FSMC proposes to serve in the contract are listed in (ATTACHMENT G).

.17.Management Services. Provide a descriptive narrative of the services

provided each of the following areas. Limit your response to pertinent information, RRPS is not interested in receiving marketing material, reports, or other extraneous information.

a) Employee staffing, training and development plan

b) Resume of proposed Director

c) Community involvement and communications plan

d) Depth of management and support resources

e) Nutritional and Wellness awareness programs

f) Food service experience with other comparable public school districts, including the demonstrated ability to manage a financially self-sustaining program. Preference will be given to experience with New Mexico public school districts.

18. Program Information . Interested Proposers are required to utilize the exact participation levels, meal counts, service days, meal prices, federal reimbursement rates, state reimbursement rates, equivalent meal sales information, Employee work days, daily hours and average hourly rate information and district indirect costs (if applicable) as detailed in the RFP Scope of work, terms, conditions, Attachments and Appendixes (program information), to develop their financial Pro Forma, which enables RRPS to compare proposals from the various Proposers. Financial Pro Forma that do not use the exact information as provided in the Program Information, will not be accepted. Alternate financial Pro Forma or proposals will not be considered and may result

in the proposer being disqualified from the selection process for being “nonresponsive”.

VII. SCOPE OF WORK

1. OVERVIEW OF RIO RANCHO PUBLIC SCHOOLS FOOD SERVICE

A. Scale. RRPS provides food service to approximately two thousand two hundred seventy five (2,275) children at six (6) schools. The food service prepares approximately 270,000 meals annually. This is sample of information for here. This LEA administers the NSLP, SBP, SSO and ASSP. The LEA shall be legally responsible for the conduct of the food service program and shall supervise the food service operations in such manner as will ensure compliance with the rules and regulations of NMPED and USDA regarding each Child Nutrition Programs (CNP) covered by the resulting contract. All reimbursable lunches, breakfasts, and snacks shall meet the qualifications for USDA reimbursement as described in 7 CFR 210.10, and 220.8, 225.16 and 226.20, as applicable, RRPS shall retain control of the CNP nonprofit food service account and overall financial responsibility for the CNP.

B. Responsibilities. The responsibilities of the food service include the following:

1. Preparing and serving meals and meal supplements (snacks) to students, and participants in NSLP, SBP, SFSP, FFVP, and ASSP;

2. Preparing and serving meals to staff, parent organizations, and for some scheduled events (conferences, business partnerships, etc.), whether in or out of RRPS;

3. If the selected FSMC is procuring goods or services which are being charged to RRPS under the awarded contract outside of the fixed price per meal (e.g. equipment), the selected FSMC is acting as an agent for RRPS and must follow the same procurement rules under which RRPS must operate and that the selected FSMC may not serve as a vendor. Any rebates, discounts, or commissions associated in any manner with purchases must be returned to the nonprofit school food service account. Only net costs may be charged to RRPS.

4. Oversight and coordination of purchasing, maintaining and repairing all equipment used in the kitchen;

5. Maintaining all kitchen areas and working environments in a safe and sanitary condition;

6. The LEA shall comply with food safety inspection requirements as prescribed by USDA for its facilities and shall ensure that all state and local regulations are being met by the selected FSMC preparing or serving meals at any LEA facility.

The selected FSMC shall maintain state and/or local health certifications for any facility outside RRPS in which it proposes to prepare meals and shall maintain this health certification for the duration of the awarded contract as required under USDA Regulations 7 CFR 210.16(c) and shall comply with food safety inspection requirements as prescribed by USDA. \ The FSMC is responsible for health/certifications of facilities and employees in all facilities

operated by the FSMC and employees under the supervision of the FSMC (even if they are employees of the school).

7. Maintaining full and complete program, financial and inventory records sufficient to meet federal and state requirements and in accordance with generally accepted accounting principles.

8. Free and Reduced Price Meals:a. LEA shall be responsible for the establishment and maintenance of

the free and reduced price meals eligibility roster.b. LEA shall be responsible for development and distribution of the

parent letter, and Application for Free and Reduced Price Meals, Direct Certification, and determination of eligibility for free or reduced price meals. The selected FSMC may act as an agent for the SFA related to these responsibilities.

c. LEA shall be responsible for conducting any hearings related to determinations regarding eligibility for free or reduced price meals.

d. LEA shall be responsible for verifying Applications for Free and Reduced Price Meals as required by USDA regulations.

9. Ensure all reimbursable meals meet the Meal Pattern and nutrition standards as required by the USDA and as reflected in CFR 210.10 as referenced below and CFR 220.8, Meal Requirements for Breakfast. No payment will be made for meals that are spoiled or unwholesome at the time of delivery, do not meet detailed specifications as developed by RRPS for each food component in the meal pattern, or do no otherwise meet the requirements of this RFP.

210.10    Meal requirements for lunches and requirements for afterschool snacks.

(a) General requirements—(1) General nutrition requirements. Schools must offer nutritious, well-balanced, and age-appropriate meals to all the children they serve to improve their diets and safeguard their health.

(i) Requirements for lunch. School lunches offered to children age 5 or older must meet, at a minimum, the meal requirements in paragraph (b) of this section. Schools must follow a food-based menu planning approach and produce enough food to offer each child the quantities specified in the meal pattern established in paragraph (c) of this section for each age/grade group served in the school. In addition, school lunches must meet the dietary specifications in paragraph (f) of this section. Schools offering lunches to children ages 1 through 4 and infants must meet the meal pattern requirements in paragraphs (p) and (q), as applicable, of this section. Schools must make potable water available and accessible without restriction to children at no charge in the place(s) where lunches are served during the meal service.

(ii) Requirements for afterschool snacks. Schools offering afterschool snacks in afterschool care programs must meet the meal pattern requirements in paragraph (o) of this section. Schools must plan and

produce enough food to offer each child the minimum quantities under the meal pattern in paragraph (o) of this section.

(2) Unit pricing. Schools must price each meal as a unit. Schools need to consider participation trends in an effort to provide one reimbursable lunch and, if applicable, one reimbursable afterschool snack for each child every school day. If there are leftover meals, schools may offer them to the students but cannot get Federal reimbursement for them. Schools must identify, near or at the beginning of the serving line(s), the food items that constitute the unit-priced reimbursable school meal(s). The price of a reimbursable lunch does not change if the student does not take a food item or requests smaller portions.

(3) Production and menu records. Schools or school food authorities, as applicable, must keep production and menu records for the meals they produce. These records must show how the meals offered contribute to the required food components and food quantities for each age/grade group every day. Labels or manufacturer specifications for food products and ingredients used to prepare school meals must indicate zero grams of trans fat per serving (less than 0.5 grams). Schools or school food authorities must maintain records of the latest nutritional analysis of the school menus conducted by the State agency. Production and menu records must be maintained in accordance with FNS guidance

Reimbursable meals must adhere to all calorie ranges and meet the nutrition standards for the National School Lunch, School Breakfast, and Seamless Summer Program Option,

a. National School Lunch and School Breakfast Programs (NSLP): The Meal Pattern is used at all sites for lunch and breakfast. All LEA schools serve breakfast and lunch and are part of the National School lunch and Breakfast Program. The Seamless Summer Option (SSO) requires a completed application from the NSLP SFA annually. This is the only option a SFA can participate.

b. Fresh Fruit and Vegetable Program (FFVP): RRPS provides all children in the awarded elementary (K-8) schools with a variety of free fresh fruits and vegetables during the school day. These fresh fruits and vegetables must be provided separately from the lunch or breakfast meal, in one or more areas of the school during the official school day. The awarded LEA elementary schools must participate in the National School Lunch Program (NSLP). All LEA’s elementary schools that participate in the FFVP are required to widely publicize within the school the availability of free fresh fruits and vegetables. RRPS must submit an annual school application for the FFVP.RRPS must meet all standards associated with FFVP (Please note http://www.fns.usda.gov/ffvp/fresh-fruit-and-vegetable-program for applicable rules, memorandums, and guidance.

FFVP costs that may be reimbursed are broken into two (2) categories:

Administrative costs currently cannot exceed 10% of the total funds.

Operations costs are the primary costs of running the FFVP as:

Purchase of fruits and vegetables, including the cost of pre-cut produce and delivery charges;

Non-food items or supplies that are used in serving and cleaning; and

Salaries and fringe benefits for employees engaged in preparing and distributing fresh fruits and vegetables, and in maintaining a sanitary environment.

Contractor will be required to document and track FFVP expenses separately. Documentation must clearly outline the allocation of costs charges to the FFVP (i.e., amounts charged for labor, administrative fees, and actual costs for fresh fruits and vegetables, etc.)

The selected FSMC shall:a. Serve meals on such days and at such times as requested by RRPS.b. Promote efforts to increase participation in the child nutrition

programs.

C. Financial Requirements. The food service program will be run on a cost effective basis so as to be self-supporting as reflected in 7 CRF 210.14 and referenced below.

210.14   Resource management.

(a) Nonprofit school food service. School food authorities shall maintain a nonprofit school food service. Revenues received by the nonprofit school food service are to be used only for the operation or improvement of such food service, except that, such revenues shall not be used to purchase land or buildings, unless otherwise approved by FNS, or to construct buildings. Expenditures of nonprofit school food service revenues shall be in accordance with the financial management system established by the State agency under §210.19(a) of this part. School food authorities may use facilities, equipment, and personnel supported with nonprofit school food revenues to support a nonprofit nutrition program for the elderly, including a program funded under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).

(b) Net cash resources. The school food authority shall limit its net cash resources to an amount that does not exceed 3 months average expenditures for its nonprofit school food service or such other amount as may be approved by the State agency in accordance with §210.19(a).

(c) Financial assurances. The school food authority shall meet the requirements of the State agency for compliance with §210.19(a) including any separation of records of nonprofit school food service from records of any other food service which may be operated by the school food authority as provided in paragraph (a) of this section.

(d) Use of donated foods. The school food authority shall enter into an agreement with the distributing agency to receive donated foods as required by part 250 of this chapter. In addition, the school food authority shall accept and use, in as large quantities as may be efficiently utilized in its nonprofit school food service, such foods as may be offered as a donation by the Department. The school food authority's policies, procedures, and records must account for the receipt, full value, proper storage and use of donated foods.

(e) Pricing paid lunches. For each school year beginning July 1, 2011, school food authorities shall establish prices for paid lunches in accordance with this paragraph.

(1) Calculation procedures. Each school food authority shall:

(i) Determine the average price of paid lunches. The average shall be determined based on the total number of paid lunches claimed for the month of October in the previous school year, at each different price charged by the school food authority.

(ii) Calculate the difference between the per meal Federal reimbursement for paid and free lunches received by the school food authority in the previous school year (i.e., the reimbursement difference);

(iii) Compare the average price of a paid lunch under paragraph (e)(1)(i) of this section to the difference between reimbursement rates under paragraph (e)(1)(ii) of this section.

(2) Average paid lunch price is equal to/greater than the reimbursement difference. When the average paid lunch price from the prior school year is equal to or greater than the difference in reimbursement rates as determined in paragraph (e)(1)(iii) of this section, the school food authority shall establish an average paid lunch price for the current school year that is not less than the difference identified in (e)(1)(iii) of this section; except that, the school food authority may use the procedure in paragraph (e)(4)(ii) of this section when establishing prices of paid lunches.

(3) Average lunch price is lower than the reimbursement difference. When the average price from the prior school year is lower than the difference in reimbursement rates as determined in paragraph (e)(1)(iii) of this section, the school food authority shall establish an average price for the current school year that is not less than the average price charged in the previous school year as adjusted by a percentage equal to the sum obtained by adding:

(i) 2 percent; and

(ii) The percentage change in the Consumers Price Index for All Urban Consumers used to increase the Federal reimbursement rate under section 11 of the Act for the most recent school year for which data are available. The percentage to be used is found in the annual notice published in the FEDERAL REGISTER announcing the national average payment rates, from the prior year.

(4) Price Adjustments. (i) Maximum required price increase. The maximum annual average price increase required under this paragraph shall not exceed ten cents.

(ii) Rounding of paid lunch prices. Any school food authority may round the adjusted price of the paid lunches down to the nearest five cents.

(iii) Optional price increases. A school food authority may increase the average price by more than ten cents.

(5) Reduction in average price for paid lunches. (i) Any school food authority may reduce the average price of paid lunches as established under this paragraph if the State agency ensures that funds are added to the nonprofit school food service account in accordance with this paragraph.

The minimum that must be added is the product of:

(A) The number of paid lunches claimed by the school food authority in the previous school year multiplied by

(B) The amount required under paragraph (e)(3) of this section, as adjusted under paragraph (e)(4) of this section, minus the average price charged.

(ii) Prohibitions. The following shall not be used to reduce the average price charged for paid lunches:

(A) Federal sources of revenue;

(B) Revenue from foods sold in competition with lunches or with breakfasts offered under the School Breakfast Program authorized in 7 CFR part 220. Requirements concerning foods sold in competition with lunches or breakfasts are found in §210.11 and §220.12 of this chapter, respectively;

(C) In-kind contributions;

(D) Any in-kind contributions converted to direct cash expenditures after July 1, 2011; and

(E) Per-meal reimbursements (non-Federal) specifically provided for support of programs other than the school lunch program.

(iii) Allowable non-Federal revenue sources. Any contribution that is for the direct support of paid lunches that is not prohibited under paragraph (e)(5)(ii) of this section may be used as revenue for this purpose. Such contributions include, but are not limited to:

(A) Per-lunch reimbursements for paid lunches provided by State or local governments;

(B) Funds provided by organizations, such as school-related or community groups, to support paid lunches;

(C) Any portion of State revenue matching funds that exceeds the minimum requirement, as provided in §210.17, and is provided for paid lunches; and

(D) A proportion attributable to paid lunches from direct payments made from school district funds to support the lunch service.

(6) Additional considerations. (i) In any given year, if a school food authority with an average price lower than the reimbursement difference is not required by paragraph (e)(4)(ii) of this section to increase its average price for paid lunches, the school food authority shall use the unrounded average price as the basis for calculations to meet paragraph (e)(3) of this section for the next school year.

(ii) If a school food authority has an average price lower than the reimbursement difference and chooses to increase its average price for paid lunches in any school year more than is required by this section, the amount attributable to the additional voluntary increase may be carried forward to the next school year(s) to meet the requirements of this section.

(iii) For the school year beginning July 1, 2011 only, the limitations for non-Federal contributions in paragraph (e)(5)(iii) of this section do not apply.

(7) Reporting lunch prices. In accordance with guidelines provided by FNS:

(i) School food authorities shall report prices charged for paid lunches to the State agency; and

(ii) State agencies shall report these prices to FNS.

(f) Revenue from non-program foods. Beginning July 1, 2011, school food authorities shall ensure that the revenue generated from the sale of non-program foods complies with the requirements in this paragraph.

(1) Definition of non-program foods. For the purposes of this paragraph, non-program foods are those foods and beverages:

(i) Sold in a participating school other than reimbursable meals and meal supplements; and

(ii) Purchased using funds from the nonprofit school food service account.

(2) Revenue from non-program foods. The proportion of total revenue from the sale of non-program foods to total revenue of the school food service account shall be equal to or greater than:

(i) The proportion of total food costs associated with obtaining non-program foods to

(ii) The total costs associated with obtaining program and non-program foods from the account.

(3) All revenue from the sale of non-program foods shall accrue to the nonprofit school food service account of a participating school food authority.

(g) Indirect costs. School food authorities must follow fair and consistent methodologies to identify and allocate allowable indirect costs to the nonprofit school food service account, in accordance with 2 CFR part 200 as implemented by 2 CFR part 400.

D. Management Goals. The FSMC will provide nutritious, high-quality meals and snacks to students and participants in NSLP, SBP, SMP, FFVP, and SFSP; accommodate special diets where medically necessary, provide occasional catered food services, and improve nutrition awareness.

The LEA shall be legally responsible for the conduct of the food service program and shall supervise the food service operations in such manner as will ensure compliance with the rules and regulations of the New Mexico Public Education Department (PED) and USDA regarding each of the CN Programs covered by this contract.

E. Schools and other facilities served. The Food Service department provides regular food service at nineteen (19) sites (See Attachment G), and occasional service at other sites as requested or required.

F. Food Service Office:. The food service office is located at Eagle Ridge Middle School.

G. Professional Standards for All School Nutrition Program Employees. Both LEA (RRPS) and FSMC must review and following guidance from the Food and Nutrition Services (FNS) on the final rule “”Professional Standards for State and Local School Nutrition Programs Personnel as required by the Healthy, Hunger-Free Kids Act of 2010” (80 FR 11077). The final rule seeks to ensure that State and local school nutrition program personnel in the National School Lunch and School Breakfast Programs have the knowledge and skills to manage and operate the programs correctly and successfully. The final rule is available at: http://www.fns.us.gov/school-meals/professionalstands .

H. Advisory Group. RRPS shall establish and the FSMC shall participate in the formation, establishment, and periodic meetings of RRPS advisory board composed of students, teachers, and parents to assist in menu planning (Reference 7 CFR 210.16 (a)(8)).

I. Emergency Closing: RRPS shall notify the selected FSMC of any interruption in utility services of which it has knowledge.

The LEA shall notify the selected FSMC of any delay in the beginning of the school day or the closing of school(s) due to snow or other emergency conditions.

2. DESCRIPTION OF RESPONSIBILITIES OF CONTRACTOR (FSMC):

A. General . The Contractor or “FSMC” (Food Service Management Company) selected pursuant to this request for proposals will provide management and supervision of RRPS Food Service Department. The Food Service must be managed so as to efficiently and effectively fulfill the responsibilities described,

and so as to achieve the Management Goal and Financial requirements described in Section 1 above.

B. Use of Donated Foods 1) Any USDA Foods received (when the foods arrive at the school kitchen,

LEA storage facility, or FSMC storage facility in either raw form or in processed end products) by RRPS and made available to the FSMC must accrue solely to the benefit of RRPS’s nonprofit school food service and SFSP programs, if applicable, and shall be fully utilized therein. The FSMC shall have records available to substantiate that the full value of all USDA Foods is used solely for the benefit of RRPS.

Year-end reconciliation shall be conducted by RRPS to ensure and verify correct and proper credit has been received for the full value of all USDA Foods received by the FSMC during the fiscal year. RRPS reserves the right to conduct USDA Foods credit audits throughout the year to ensure compliance with Federal regulations 7 CFR 210 and 7 CFR 250.

2) The LEA shall retain title to all USDA Foods and the FSMC will conduct all activities relating to USDA Foods for which it is responsible in accordance with 7 CFR Parts 210, 220, 225, 226, and 250 as applicable.

3) FSMC is prohibited from entering into any processing contracts utilizing USDA Foods on behalf of RRPS. FSMC agrees that any procurement and/or utilization of end products by FSMC on behalf of RRPS will be in compliance with the requirements in subpart C of 7 CFR Part 250, and with the provisions of LEA’s processing agreements.

4) USDA Foods allocated to RRPS will be delivered to and utilized by the FSMC equitably for meals served to students at the SFA.

5) Based on actual bulk USDA Foods received, it may be necessary for the FSMC to make adjustments to the SFA at the end of the school year. The SFA is responsible for assuring adjustments are made. The SFA must receive all discounts or rebates for USDA Foods purchases made on its behalf. All refunds received from processors must be retained by the nonprofit SFA account.

The FSMC must credit RRPS for the value of all USDA Foods received for use in RRPS’s meal service in the school year or fiscal year (including both entitlement and bonus foods), and include the value of USDA Foods contained in processed end products, in accordance with the contingencies in 7 CFR 250.51(a).

The FSMC shall provide the method and frequency by which crediting will occur, and the means of documentation to be utilized to verify that the value of all USDA Foods has been credited.

The FSMC shall use the USDA Foods values as posted on ODE’s USDA Foods website including the value of USDA Bonus Foods.

The FSMC shall be responsible for activities related to USDA Foods in accordance with 7 CFR 250.50(d), and must assure that such activities are performed in accordance with the applicable requirements in 7 CFR part 250.

The FSMC must use all USDA Foods ground beef and ground pork products, and all processed end products, without substitution, in the SFA’s food service.

The FSMC must use all other USDA Foods, or will use commercially purchased foods of the same generic identity, of U.S. origin, and of equal or better quality than the USDA Foods, in the SFA’s food service.

The procurement of processed end products on behalf of the SFA, as applicable, will ensure compliance with the requirements in subpart C of 7 CFR part 250 and with the provisions of distributing or SFA processing agreements, and will ensure crediting of the SFA for the value of USDA Foods contained in such end products at the processing agreement value.

The FSMC must not itself enter into the processing agreement with the processor required in subpart C of 7 CFR part 250.

The FSMC must comply with the storage and inventory requirements for USDA Foods.

The distributing agency, sub distributing agency, or LEA, the Comptroller General, USDA, or their duly authorized representatives, may perform onsite reviews of the FSMCs food service operation, including the review of records, to ensure compliance with the requirements for the management and use of USDA Foods.

The FSMC must maintain records to document its compliance with requirements relating to USDA Foods, in accordance with 7 CFR 250.54(b).

Extensions or renewals of the contract, if applicable, are contingent upon the fulfillment of all contract provisions relating to USDA Foods.

6) The FSMC shall accept liability for any negligence on its part that results in any loss of, improper use of, or damage to USDA Foods.

7) The FSMC shall accept and use USDA Foods in as large quantities as may be efficiently utilized in RRPS’s nonprofit food service, subject to approval of RRPS. RRPS shall consult with the FSMC in the selection of USDA Foods; however, the final determination as to the acceptance of USDA Foods must be made by RRPS.

8) The FSMC shall account for all USDA Foods separately from purchased foods. The FSMC is required to maintain accurate and complete records with respect to the receipt, use/disposition, storage, and inventory of USDA Foods. Failure by the FSMC to maintain the required records under

this contract shall be considered prima facie evidence of improper distribution or loss of USDA Foods.

9) Upon the termination of the contract, the FSMC must return all unused donated foods, including but not limited to ground beef, ground pork, and processed end products to RRPS.

C. Local Purchases: The FSMC shall allow [N/A] per cent of food budget for local farm to school purchases.

D. Rebates. All rebates, credits, and discounts from the purchase of food,

beverages, merchandise, commodity processing and supplies from local, regional and national suppliers and distributors must be passed through to RRPS. The estimated value of rebates, credits and discounts shall be used in formulating the fixed price per meal.

E. Capital Improvements . The cost of capital improvements to the kitchen facilities shall be borne by RRPS and shall not be included in direct operating costs of the program. Capital costs should not be incurred by the nonprofit food service account or as part of the fix price FSMC contract. Title to all capital improvements shall remain in RRPS. No improvements are anticipated for the 2017-18 school year.

F. Food Service Supervisor . The FSMC will employ a qualified professional to manage and oversee the food service operation, and to supervise all food service employees. The FSMC shall select and appoint the Food Service Supervisor with RRPSS’s participation and final approval regarding the hiring of the selected FSMC’s site manager.

G. Employees . The FSMC shall have the responsibility of hiring, training, supervising, and disciplining of employees. In the selection and hiring process, the FSMC shall conduct a diligent and comprehensive background investigation of all prospective employees’’ character and criminal records. The FSMC shall be responsible for fingerprinting all employees that come in contact with students .The FSMC shall not knowingly employ anyone who has:

1. A felony or misdemeanor conviction with the past 10 years or any conviction for a crime of violence, sexual offense, drug use or sale, or child abuse of child pornography.

The FSMC further agrees that RRPS shall have the right by written order to require removal from the FSMC operation serving RRPS, any person(s) who in the opinion of RRPS is not of appropriate personality, character, temperament, or qualification.

The FSMC shall comply with all wage and hours of employment requirements of federal and state laws.

The FSMC shall provide Worker’s Compensation coverage for all of its employees.

The FSMC shall instruct its employees to abide by the policies, rules, and regulations with respect to the use of LEA’s (RRPS’s)premises as established by RRPS and which are furnished in writing to the FSMC.

The LEA (RRPS) will require the selected FSMC to perform a criminal background check on any of the selected FSMC employee that will be working at RRPS and disclose results to RRPS.

H. Reports. The FSMC shall maintain such records (supported by invoices, receipts, or other evidence) as RRPS will need to meet monthly reporting responsibilities and shall submit monthly operating statements in a format approved by RRPS no later than the tenth calendar day succeeding the month in which services were rendered. Participation records, including claim information by eligibility category, shall be submitted no later than the fifth working day succeeding the month in which services were rendered. RRPS shall perform edit checks on the participation records provided by the FSMC prior to the preparation and submission of the claim for reimbursement. The FSMC shall adhere to all reporting and record keeping requirements as reflected in 7 CFR 210.15.

I.The FSMC shall maintain records to support all allowable expenses appearing on the monthly operating statement. These records shall be kept in an orderly fashion according to expense categories.

The FSMC shall provide RRPS with a year-end statement.

Books and records of the selected FSMC pertaining to the awarded contract shall be made available, upon demand, in an easily accessible manner for a period of three (3) years after the final claim for reimbursement for the fiscal year to which they pertain. The books and records shall be made available for audit, examination, excerpts, and transcriptions by RRPS and/or any State or Federal representatives and auditors. If audit findings regarding the selected FSMC’s records have not been resolved within the three (3) year record retention period, the records must be retained beyond the three (3) year period for as long as required for the resolution of the issues raised by the audit. (Reference 7 CFR 210.9(b)(17), 7 CFR 3016.36(I)(10), and 7 CFR 3019.48(d))

The FSMC shall not remove federally required records from LEA premises upon contract termination.

J. Advertising : The FSMC shall follow RRPS’s policy regarding advertising.

K. Survival Terms .In the event of a conflict between the terms of this section IV “Scope of Work” and a provision of the contract executed between RRPS and the Contractor (FSMC) the following order of the precedence shall apply: contract, RFP, FSMC proposal and should ensure adherence to all USDA rules and regulations. Ensure that RRPS’s policy for providing meals to students without adequate funds is followed. The policy will protect students by providing equal services to all students. The FSMC will bill RRPS for the meal served with RRPS payment from funds other than non-profit food service funds.

L. Terms and Termination . RRPS or the selected FSMC may terminate the awarded contract for cause by giving 60 days written notice (Reference 7 CFR 210.16(d)).

At any time, because of circumstance beyond the control of RRPS as well as the selected FSMC, the selected FSMC, or RRPS may terminate the awarded contract by giving 60 days written notice to the other party.

M. Other Requirements. The FSMC must ensure that RRPS’s policy for providing meals to students without adequate funds is followed. The policy will protect students by providing equal services to all students. The FSMC will bill RRPS for the meal serviced with RRPS payment from funds other than the non-profit food service funds.

The FSMC shall make substitutions in the food components of the meal pattern for students with disabilities when their disability restricts their diet as stated in the students’ Individual Educational Plans (IEPs) or 504 Plans and those non-disabled students who are unable to consume regular meals because of medical or other special dietary needs. Substitutions shall be made on a case-by-case basis when supported by a statement of the disability and need for substitutes as prescribed by a medical doctor or recognized medical authority, unless otherwise exempted by USDA. Such statement shall be signed by a medical doctor or a recognized medical authority. There will be no additional charge to the student for such substitutions.

Both RRPS and FSMC agree that no child who participates in the NSLP, SBP, SFSP, SMP, and FFVP will be discriminated against on the basis of ancestry, sex, race, color, religion, creed, national origin, sexual preference, marital or parental status, pregnancy, age, or physical, mental, emotional, or learning disability.

Non-Discrimination:In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at: http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office,

or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

(1) mail: U.S. Department of Agriculture Office of the Assistant Secretary for Civil Rights 1400 Independence Avenue, SW Washington, D.C. 20250-9410;

(2) fax: (202) 690-7442; or

(3) email: program.intake@usda.gov.

This institution is an equal opportunity provider.

Attachments:A. Certificate of Independent Price DeterminationB. Suspension and Debarment CertificationC. Clean Air and Water CertificateD. Certification Regarding LobbyingE. Disclosure of Lobbying ActivitiesF. Financial Pro FormaG. Program InformationH. Proposal Cover Sheet CertificationI. Offeror Signatory FormJ. Campaign Contribution DisclosureK. Business Reference Form

Appendices:Appendix A: MINIMUM FOOD SPECIFICATIONSAppendix B: RFP Question Submittal FormAppendix C: Lunch Times – School year 2016-2017Appendix D: Eligibility Group Count by SchoolAppendix E: Current Labor guide by School (2016-2017)Appendix F: Insurance RequirementsAppendix G: NEW MEXICO PED ContractAppendix H: Reimbursement Claims

Attachment A

Certificate of Independent Price Determination

Both the Local Educational Agency (LEA) and Food Service Management Company (offeror) shall execute this Certificate of Independent Price Determination.

______________________________________________________________________________NAME OF FOOD SERVICE MANAGEMENT COMPANY NAME OF LOCAL EDUCATIONAL AGENCY

(A) By submission of this offer, the offeror certifies, and in the case of a joint offer, each party thereto certifies as to its own organization, that in connection with this procurement:

(1) The prices in this offer have been arrived at independently, without consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement or prior to award in the case of a negotiated procurement, directly or indirectly to any other offeror or to any competitor; and

(3) No attempt has been made or will be made by the offeror to induce any person or firm to submit or not to submit, an offer for the purpose of restricting competition.

(B) Each person signing this offer on behalf of the Food Service Management Company certifies that:

(1) He or she is the person in the offeror's organization responsible within the organization for the decision as to the prices being offered herein and has not participated, and will not participate, in any action contrary to (A)(1) through (A)(3) above; or

(2) He or she is not the person in other offeror's organization responsible within the organization for the decision as to the prices being offered herein, but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate, in any action contrary to (A)(1) through (A)(3) above, and as their agent does hereby so certify; and he or she has not participated, and will not participate, in any action contrary to (A)(1) through (A)(3) above.

To the best of my knowledge, this Food Service Management Company, its affiliates, subsidiaries, officers, directors and employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction, involving conspiracy or collusion with respect to bidding on any public contract, except as follows:

SIGNATURE OF FSMC AUTHORIZED REPRESENTATIVE TITLE DATE

In accepting this offer, RRPS certifies that no representative of RRPS has taken any action that may have jeopardized the independence of the offer referred to above.

SIGNATURE OF LEA AUTHORIZED REPRESENTATIVE TITLE DATE

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Attachment BSuspension and Debarment

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Attachment C

Clean Air and Water Certificate

NOTE: This certificate must be completed for all new and renewal contract years when the contract exceeds $100,000.

Applicable if the contract exceeds $100,000 or the Contracting Officer has determined that the orders under an indefinite quantity contract in any one year will exceed $100,000 or a facility to be used has been the subject of a conviction under the Clean Air Act (41 U.S.C. 1857c-8(c)(1) or the Federal Water Pollution Control Act 33 1319(d) and is listed by EPA or the contract is not otherwise exempt. Both the Local Educational Agency (LEA) and Food Service Management Company (offeror) shall execute this Certificate.

_______________________________________ ___ _________________________________NAME OF FOOD SERVICE MANAGEMENT COMPANY NAME OF LOCAL EDUCATIONAL AGENCY

THE FOOD SERVICE MANAGEMENT COMPANY AGREES AS FOLLOWS:

A. To comply with all the requirements of Section 114 of the Clean Air Act, as amended (41 U.S.C. 1857, et seq., as amended by Public Law 91-604) and Section 308 of the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq., as amended by Public Law 92-500), respectively, relating to inspection, monitoring, entry, reports and information as well as other requirements specified in Section 114 and Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder before the award of this contract.

B. That no portion of the work required by this prime contract will be performed in a facility listed on the Environmental Protection Agency List of Violating Facilities on the date when this contract was awarded unless and until the EPA eliminates the name of such facility or facilities from such listing.

C. To use his/her best efforts to comply with clean air standards and clean water standards at the facilities in which the contract is being performed.

D. To insert the substance of the provisions of this clause in any nonexempt subcontract, including this paragraph.

THE TERMS IN THIS CLAUSE HAVE THE FOLLOWING MEANINGS:

A. The term "Air Act" means the Clean Air Act, as amended (41 U.S.C. 1957 et seq., as amended by Public Law 91-604).

B. The term "Water Act" means Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended by Public Law 92-500).

C. The term "Clean Air Standards" means any enforceable rules, regulations, guidelines, standards, limitations, orders, controls, prohibitions, or other requirements which are contained in, issued under, or otherwise adopted pursuant to the Air Act or Executive Order 11738, an applicable implementation plan as described in section 110(d) of the Clean Air Act (42 U.S.C. 1957c-5(d)), an approved implementation procedure or plan under Section 111(c) or Section 111(d), respectively, of the Air Act (42 U.S.C. 1857c-6(c) or (d)), or approved implementation procedure under Section 112(d) of the Air Act (42 U.S.C. 1857c-7(d)).

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D. The term "Clean Air Standards" means any enforceable limitation, control, condition, prohibition, standard, or other requirement which is promulgated pursuant to the Water Act or contained in a permit issued to a discharger by the Environmental Protection Agency or by a State under an approved program, as authorized by Section 402 of the Water Act (33 U.S.C. 1342) or by local government to ensure compliance with pretreatment regulations as required by Section 307 of the Water Act (33 U.S.C. 1317).

E. The term "Compliance" means compliance with clean air or water standards. Compliance shall also mean compliance with a schedule or plan ordered or approved by a court of competent jurisdiction, the Environmental Protection Agency or an Air or Water Pollution Control Agency in accordance with the requirements of the Air Act or Water Act and regulations issued pursuant thereto.

F. The term "facility" means any building, plant, installation, structure, mine, vessel, or other floating craft, location or sites of operations, owned, leased or supervised by the Food Service Management Company.

______________________________________________________________________________SIGNATURE/TITLE OF FSMC AUTHORIZED REPRESENTATIVE DATE

______________________________________________________________________________SIGNATURE/TITLE OF LEA AUTHORIZED REPRESENTATIVE DATE

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Attachment D

Certification Regarding Lobbying Disclosure of Lobbying Activities(Complete the form that is applicable.)

NOTE: This certificate must be completed for all new and renewal contract years when the contract exceeds $100,000.

Applicable to Grants, Sub-grants, Cooperative Agreements, and Contracts Exceeding $100,000 in Federal Funds.

Submission of this certification is a prerequisite for making or entering into this transaction and is imposed by section 1352, Title 31, U.S. Code. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into a cooperative agreement, and the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all covered sub-awards exceeding $100,000 in Federal funds at all appropriate tiers and that all sub-recipients shall certify and disclose accordingly.

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________Name/Address of Organization

______________________________________________________________________________Name/Title of Submitting Official

_____________________________________________ _______________________Signature Date

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ATTACHMENT EDISCLOSURE OF LOBBYING ACTIVITIES

Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352

1. Type of Federal Action: _____a. contractb. grantc. cooperative agreementd. loane. loan guaranteef. loan insurance

2. Status of Federal Action: _____

a. bid/offer/applicationb. initial awardc. post-award

3. Report Type: _____a. initial filingb. material change

For Material Change Only: Year _____Quarter _____ Date of Last Report _________

4. Name and Address of Reporting Entity:_____Prime _____Sub-awardee Tier ____, if known:

Congressional District, if known:

5. If Reporting Entity in No. 4 is Sub-awardee, Enter Name and Address of Prime:

Congressional District, if known:

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable: ________________8. Federal Action Number, if known: 9. Award Amount, if known:

$

10a. Name and Address of Lobbying Entity:(if individual, last name, first name, middle)

10b. Individuals Performing Services (include address if different from 10a.) (last name, first name, middle)

11. Amount of Payment (check all that apply):$

___ Actual ___ Planned

12. Type of payment (check all that apply):___ a. retainer___ b. one-time fee___ c. commission___ d. contingent fee ___ e. deferred ___ f. other; specify: ____________________________________

13. Form of Payment (check all that apply):___ a. cash___ b. in-kind; specify:Nature __________________________Actual __________________________

14. Continuation Sheet(s) SF-LLL-A Attached: Yes_____ (Number ________)No _____

15. Brief Description of Services Performed or to be Performed and Date(s) of Service, including officer(s), employee(s), or member(s) contracted for Payment indicated in Item 11:

Attach Continuation Sheet(s) SF-LLL-A (if necessary)16. Information requested through this form is authorized by Title 31

U.S.C. section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: _____________________________________________________

Print Name: ___________________________________________________

Title: _________________________________________________________

Telephone: ____________________________________________________

Date: _________________________________________________________

Federal Use Only: Authorized for Local Reproduction Standard Form -- LLL

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DISCLOSURE OF LOBBYING ACTIVITIESCONTINUATION SHEET SF-LLL-A

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Reporting Entity:______________________________________________Page_________of__________

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This disclosure form shall be completed by the reporting entity, whether sub-awardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. If the space on the form is inadequate, use of SF-LLL-A Continuation Sheet for additional information. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or sub-award recipient. Identify the tier of the sub-awardee, e.g., the first sub-awardee of the prime is the 1st tier. Sub-awards include but are not limited to subcontracts, sub-grants and contract awards under grants.

5. If the organization filing the report in item 4 checks "Sub-awardee", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) Number, Invitation for Bid (IFB) Number; grant announcement number; the contract, grant or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5.

10(a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action.

10(b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check type of payment. Check all that apply.

13. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. Check all that apply. If other, specify nature.

14. Check whether or not a SF-LLL-A Continuation Sheet(s) is attached. If yes, list number of sheets attached.

15. Provide a specific and detailed description of the services that the lobbyist has performed, or will be expected to perform, and the date(s) of any services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.

The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348-00046), Washington, DC 20503.

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ATTACHMENT F

Financial Pro FormaAll Proposers must use RRPS provided information for Pro Forma developmentFinancial Pro Formas that do not utilize the exact program information as provided will not be accepted.Resources: Dollars CPM *

Local sales: _______ ______Reimbursements:

State ______ ______Federal

National School Lunch Program ______ ______School Breakfast Program ______ ______Child and Adult Care Program ______ ______Summer Food Service Program ______ ______Special Milk Program ______ ______Fresh Fruits and Vegetable Program ______ ______

Total Resources ______ ______Requirements:

Food Costs:Food Costs (include worker meals) ______ ______Local Purchases ______ ______

Total Food Costs ______ ______Labor Costs:

Annual District Labor, Wages, Taxes & Benefits ______ ______Total Labor Costs ______ ______

Non-Food Expenses:Office ______ ______Mileage (in-district) ______ ______Insurance/Bonding Expenses ______ ______Non-Food Supplies (paper/janitorial, etc) ______ ______Equipment Repairs/Replacement ______ ______Marketing ______ ______District Indirect Charges ______ ______Other: ________________________ ______ ______

Total Non-Food Costs ______ ______Contract Services:

On-Site Supervisor ______ ______Annual Hourly Labor: Wages, Taxes & Benefits ______ ______General & Administrative Costs ______ ______Other: ________________________ ______ ______

Total Contract Services ______ ______Total Requirements ______ ______

Net Gain/(Loss) to District ______ ______

* CPM-Cost Per Meal, include pattern breakfasts, lunches, and equivalent meals in calculations.

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Note: All rebates must be passed through to RRPS. Expenses and costs noted above shall be net of these rebates.

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Fixed Price Per Meal Proposal

SBP-Breakfast $X.XX per meal (3 breakfasts = 1 meal)List total Breakfasts served calculated at 3 = 1 meal calculation-Total Breakfasts = ____

NSLP-Lunch $X.XX per meal (1 lunch = 1 meal)-Snack $X.XX per snack (4 snacks = 1 meal)-Meal Equivalents $X.XX per meal based on $3.1825 rateList total Lunches served calculated at 1 = 1 meal calculation Total Lunches = ______List total Snacks served calculated at 4 = 1 meal calculation Total Snacks = _______Total Meal Equivalents at $3.1825=1 _________

SFSP-Breakfast $X.XX per meal (3 breakfasts = 1 meal)-Lunch $X.XX per meal (1 lunch = 1 meal)-Snack $X.XX per snack (4 snacks = 1 meal)List total Breakfasts served calculated at 3 = 1 meal calculation-Total Breakfasts = ____List total Lunches served calculated at 1 = 1 meal calculation-Total Lunches = _______List total Snacks served calculated at 4 = 1 meal calculation-Total Snacks = _________

VENDED MEAL PROGRAM-Breakfast $X.XX per meal (3 breakfasts = 1 meal)-Lunch $X.XX per meal (1 lunch = 1 meal)-Snack $X.XX per snack (4 snacks = 1 meal)List total Breakfasts served calculated at 3 = 1 meal calculation-Total Breakfasts = _________List total Lunches served calculated at 1 = 1 meal calculation-Total Lunches = _________List total Snacks served calculated at 4 = 1 meal calculation-Total Snacks = _________

Please list total of all meals served for determining the fixed price per meal, calculated at the rates listed on this page and as required by this RFP.Total Meals Served for Fixed Price _________

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ATTACHMENT G

PROGRAM INFORMATIONRio Rancho Public Schools - RFP – Food Services

All Vendors must use the following information for Pro Forma developmentFinancial Pro Formas that do not utilize the exact program information as provided in this

attachment will not be accepted.

Participation Counts: (Based on 2015-2016 actual meal counts from Claims for Reimbursement) Use meal counts, catering and ala carte sales below for proforma development

Participation Categories

Severe Need

Lunch AnnualMeals

Severe Need

Breakfast AnnualMeals

Free: Student 638,939 326,219Reduced: Student 138,459 56,794Paid: Student, Elem

277,873 127,918

Paid: Student, Middle

79,906 21,582

Paid: Student, High

59,591 5,457

Earn: ReducedEarn: PaidCatering Sales $82,703Ala Carte Sales $847,163Summer Program 27,265 6,400CAFCP Program 87,971 0

Reimbursement Rates: Projected rates for 2016-2017 School Year Use Reimbursement rates below for proforma development*(rates are based on July 1, 2017 established rates and increased by CPI Rate March 20XX for the 20XX-20XX SY)

Category Federal Lunch Severe BreakfastFree 3.24 2.04Reduced 2.84 1.74Paid 0.38 0.29Summer Food Service Program 3.24 2.04Commodity Rate/LunchState Reimb. Rate/Lunch

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Meal Prices: Use meal prices below for proforma development

Category Lunch BreakfastFree $0.00 $0.00Reduced-Price $0.40 $0.30Paid Elem $2.50 $1.20Paid Middle $2.65 $1.45Paid High $2.65 $1.45Adult $3.50 $1.50

Service Days: Use service days below for proforma development

School Breakfast Lunch SummerElementary School 169 169 16Middle School 172 172 0High School 172 172 0

Free and Reduced Information: School Enrollment Approved Free Approved Reduced

See attached

Serving Times/Programs:

School Name Lunch Breakfast Grades NSLP SBP Method*

See attached

Notes: NSLP = Indicates participation in the National School Lunch Program. SBP = Indicates participation in the School Breakfast Program.

SFSP = Summer Food Service Program.

* Indicates method of service: Base Kitchen --Preparing food for self and other schools Satellite --Receiving food from a base kitchen, finish on site. Self --Prepares own food on site.

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*= Includes training and prep days. Average Hourly Rate does not include taxes and benefits. District direct Charges:Total annual District direct costs to use for Pro Forma $65,000

Equivalency Rates:Use Equivalency below for proforma development

Use $3.185 on all ala carte, catering and non-reimbursable meal sales.

Use 1 for 1 Lunch and Supper Equivalency Use 3 for 1 Breakfast Equivalency Use 4 for 1 Snack Equivalency

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RIO RANCHO PUBLIC SCHOOLS “21-DAY CYCLE MENUS” ELEMENTARY LUNCH AND BREAKFAST

All Vendors are to use the following 21-Day Cycle Menus for Elementary Lunch and Breakfast in their response to this RFP. Vendor shall adhere to this menu for the first 21 days of service during the 2017-2018 school year.

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RIO RANCHO PUBLIC SCHOOLS“21-DAY CYCLE MENUS” JUNIOR HIGH SCHOOL LUNCH AND BREAKFAST

All Vendors are to use the following 21-Day Cycle Menus for Junior High School Lunch and Breakfast in their response to this RFP. Vendor shall adhere to this menu for the first 21 days of service during the 2017-2018 school year.

Breakfast

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RIO RANCHO PUBLIC SCHOOLS “21-DAY CYCLE MENUS” HIGH SCHOOL LUNCH AND BREAKFAST

All Vendors are to use the following 21-Day Cycle Menus for High School Lunch and Breakfast in their response to this RFP. Vendor shall adhere to this menu for the first 21 days of service during the 2017-2018 school year.Day 1 Day 2 Day 3 Day 4 Day 5

BREAKFAST: Strawberry Splash Pancakes Or Fruit & Yogurt Parfait

BREAKFAST: Egg & Cheese Muffin Or Fruit & Yogurt Parfait

BREAKFAST: Scrambled Eggs & Sausage Or Fruit & Yogurt Parfait

BREAKFAST: Cinnamon Minis Or Fruit & Yogurt Parfait Or Banana Bread

BREAKFAST: Sausage Breakfast Burrito Or Fruit & Yogurt Parfait

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APRICOTS POTATO SALAD

APPLES ORANGES BANANAS TANGY APPLE SAUCE POTATO SALAD

Day 6 Day 7 Day 8 Day 9 Day 10BREAKFAST:

French Toast Sticks Or Fruit & Yogurt Parfait Or Whole Grain Chocolate Muffin Or Assorted Cereal Syrup, Toast, Apples, Bananas, Oranges, Golden Pineapple, Juice, Milk

LUNCH

BREAKFAST: Breakfast Pizza Or Fruit & Yogurt Parfait Or Cocoa Cherry Bar Or Assorted Cereal Toast, Apples, Bananas, Delightful Apricots, Oranges, Juice, Milk

LUNCH

BREAKFAST: Cheese Quesadilla w/ Sausage Or Fruit & Yogurt Parfait Or UBR Cookie Or Assorted Cereal Salsa, Toast, Apples, Bananas, Splashing Pears, Oranges, Juice, Milk

LUNCH

BREAKFAST: Blueberry Waffle Or Fruit & Yogurt Parfait Or Banana Bread Or Assorted Cereal Syrup, Toast, Hash Browns, Apples, Bananas, Tangy Applesauce, Oranges, Juice, Milk

LUNCH

BREAKFAST: Sausage Breakfast Burrito Or Fruit & Yogurt Parfait Or Poppin’ Blueberry Muffin Or Assorted Cereal Salsa, Toast, Apples, Bananas, Fabulous Fruit Cocktail, Oranges, Juice, Milk

LUNCH

Day 11 Day 12 Day 13 Day 14 Day 15BREAKFAST:

LUNCH

BREAKFAST:

LUNCH

BREAKFAST:

LUNCH

BREAKFAST:

LUNCH

BREAKFAST:

LUNCH

NM PED FSMC-LEA Contract Page 61 of 19

Day 16 Day 17 Day 18 Day 19 Day 20BREAKFAST:Strawberry Splash Pancakes Or Fruit & Yogurt Parfait Or Whole Grain Chocolate Muffin Or Assorted Cereal Syrup, Toast, Apples, Bananas, Golden Pineapple, Oranges, Juice, Milk LUNCH

BREAKFAST: Egg & Cheese Muffin Or Fruit & Yogurt Parfait Or Whole Grain Pop Tart Or Assorted Cereal Toast, Apples, Bananas, Delightful Apricots, Oranges, Juice, Milk

LUNCH

BREAKFAST: Scrambled Eggs & Sausage Or Fruit & Yogurt Parfait Or Chocolate UBR Cookie Or Assorted Cereal Salsa, Toast, Hash Browns, Apples, Bananas, Splashing Pears, Oranges , Juice, Milk

LUNCH

BREAKFAST: Cinnamon Minis Or Fruit & Yogurt Parfait Or Banana Bread Or Assorted Cereal Toast, Apples, Bananas, Tangy Applesauce, Oranges , Juice, Milk

LUNCH

BREAKFAST: Sausage Breakfast

Burrito Or Fruit & Yogurt

Parfait Or Blueberry Muffin Or Assorted Cereal Salsa, Toast, Apples, Bananas, Fabulous

Fruit Cocktail, Oranges , Juice, Milk

LUNCH

Day 21BREAKFAST:

French Toast SticksOr Fruit & Yogurt ParfaitOr Whole Grain Chocolate MuffinOr Assorted CerealSyrup, Toast, Apples, Bananas, Oranges, Golden Pineapple, Juice, Milk

LUNCH

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Locations to be served

Complete the information for each of the school locations to be served.For NSLP & SBP:School Name Physical

AddressTelephone # Contact Name CNP Number

See list below

For SFSP: Name Physical

AddressTelephone # Contact Name CNP Number

Haynes Park 2006 Grande Blvd

505-891-5015 Connie Peterson

Star Heights Park

800 Polaris Blvd

505-891-5015 Connie Peterson

Leon Grande Park

4501 Leon Grande

505-891-5015 Connie Peterson

North Hills Park

1901 Strawberry Dr

505-891-5015 Connie Peterson

Rainbow Pool 301 Southern Blvd

505-891-5015 Connie Peterson

For Vended Programs:Name Physical

AddressTelephone # Contact Name CNP Number

NM PED FSMC-LEA Contract Page 66 of 19

Locations to be served

2016-2017 SCHOOL YEAR TELEPHONE LISTAs of: March 2017

SODEXO MAIN OFFICE 896-7823 MARK WILLIS 892-1784 228-2993 CELL800 FRUTA ROAD NE B22 FLOR GRANADOS 206-9920 CELL RIO RANCHO, NM 87124 MARTHA TRUJILLO 504-4134 CELLFAX: (505) 892-4980 SARAH JENNINGS, CARLA GONZALES 896-7823 BACK ROOM/MARTHA 892-2724 CAYLA PRICE 363-9671 CELL

CIELO AZUL ELEMENTARY 338-2320 CAF EXT 517 LINDA TAPIA- MANAGER3804 SHILOH RD NE 896-0358 FAX Linda.tapia@rrps.net

CLEVELAND HIGH 938-0385 CAF OFFICE TAMMY VILLICANA- MANAGER tammy.villicana@rrps.net 4800 LABAN RD NE 938-0386 CAF DAWN LEBLANC-ASST. MANAGER

338-3474 FAX RICHARD PERALES- WAREHOUSE MANAGER 938-0398 CATER richard.perales@rrps.net 938-0300 OFC LINDA VALDEZ- CATERING MANAGER linda.valdez@rrps.net

COLINAS ELEMENTARY 896-3378 CAF EXT 515 SANDRA MELLADO- MANAGER1001 NIGHT SKY AVE NE 896-3387 FAX sandra.mellado@rrps.net

EAGLE RIDGE MIDDLE 892-6630 CAF EXT 3 GAIL QUINONES- MANAGER800 FRUTA RD NE 892-6909 FAX gail.quinones@rrps.net

ENCHANTED HILLS ELEMENTARY 891-8526 CAF EXT 3 ARLINDA THOMPSON- MANAGER5400 OBREGON RD NE 892-9809 FAX arlinda.thompson@rrps.net

INDEPENDENCE HIGH 962-5363 CAF JESSE PONCE- MANAGER421 QUANTUM RD NE (@ RRHS CAF) jesse.ponce@ttps.net

LINCOLN MIDDLE 892-1100 CAF EXT 3 TINA SIMONTON- MANAGER2287 LEMA RD SE 892-9728 FAX tina.simonton@rrps.net

MAGGIE CORDOVA ELEMENTARY 994-0229 CAF EXT 3 ANNA DEVARGAS- MANAGER1500 VERANDA RD SE 994-2684 FAX anna.devargas@rrps.net

MARTIN LUTHER KING ELEMENTARY 962-1655 JACKIE HITE- MANAGER1301 NICKLAUS ST SE 892-9862 FAX jackie.hite@rrps.net

MOUNTAIN VIEW MIDDLE 867-0711 CAF EXT 5 CATHY JARAMILLO- MANAGER4101 MONTREAL LP NE 896-7901 FAX cathy.jaramillo@rrps.net

PUESTA ELEMENTARY 994-3305 CAF EXT 7 DEBBIE SMITH- MANAGER450 SOUTHERN BLVD SE 994-3316 FAX debbie.smith@rrps.net

RIO RANCHO CYBER 962-4601 CAF DIANA SCHOLL- MANAGER1330 JACKIE RD SE 891-1180 FAX diana.scholl@rrps.net

RIO RANCHO ELEMENTARY 892-0220 CAF EXT 215 MAGGIE GOMEZ- MANAGER4601 PEPE ORTIZ RD SE 892-5724 FAX magdalena.gomez@rrps.net

RIO RANCHO HIGH 962-5363 CAF AMY RODRIGUEZ- MANAGER301 LOMA COLORADO BLVD NE 896-5600 OFC amy.rodriguez@rrps.net 896-5724 FAX KAREN GAMESON- ASST. MANAGER 962-5365 SNK BAR

RIO RANCHO MIDDLE 962-4600 CAF GINA COLCLASURE- MANAGER

NM PED FSMC-LEA Contract Page 67 of 19

1600 LOMA COLORADO BLVD NE 891-1180 FAX gina.colclasure@rrps.net

SANDIA VISTA ELEMENTARY 338-2526 CAF EXT 515 MICHELLE GURULE- MANAGER6800 FRANKLIN RD NE 771-0956 FAX michelle.gurule@rrps.net

SHINING STARS PRESCHOOL 892-7735 EXT 525 BRENDA BARRAZA- MANAGER4477 9TH AVE NE 896-6166 FAX brenda.barraza@rrps.net

STAPLETON ELEMENTARY 891-8473 CAF EXT 3 TRISTA RYAN- MANAGER3100 STAPLETON AVE NE 891-8498 FAX trista.ryan@rrps.net

VISTA GRANDE ELEMENTARY 771-2366 CAF EXT 138 DOLORES BORREGO- MANAGER7001 CHAYOTE RD NE 771-2369 FAX dolores.borrego@rrps.net

NM PED FSMC-LEA Contract Page 68 of 19

ATTACHMENT H

PROPOSAL COVER SHEET

CERTIFICATION

I, the official named below, certify that I am duly authorized to legally bind the Proposer to the clause(s) listed below.

Proposer Name (Printed)

Corporate Address of Record

By (Authorized Signature of Person with Authority to Obligate the Proposer Contractually)

Federal Tax Identification Number

Dun (DUNS) State of New Mexico State Business Registry Number

Printed Name Title of Person Signing

Date Signed Telephone Number

Identify Name of Person Authorized to Negotiate the Contract on Behalf of Proposer

Identify Title of Person Authorized to Negotiate the Contract on Behalf of Proposer

Telephone Number

Email Address

Identify Name of Person to be Contacted for Clarification of Proposal

Identify Title of Person Authorized to contact for clarification of Proposal

Telephone Number

Email Address

Proposer understands and accepts the requirements of this RFP. By Proposal submission, Proposers agree to be bound by the Contract terms and conditions.

Proposer acknowledges receipt of any and all Addenda to this RFP. All Addenda’s will be posted on RRPS Website. Rrps.net>district>purchasing&Vendors , then scroll down to bids and proposals. (https://www.rrps.net/cms/one.aspx?pageId=338932)

NM PED FSMC-LEA Contract Page 69 of 19

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ATTACHMENT I: - OFFER SIGNATORY FORM

THE FOLLOWING RFPDER INFORMATION MUST BE COMPLETED AND RETURNED WITH THE RFP.

ACKNOWLEDGMENT OF ADDENDAThe undersigned acknowledges receipt of the following addenda:Addenda No.___ Dated______ Addenda No.____ Dated______Addenda No.___ Dated______ Addenda No.____ Dated______

RESIDENT BUSINESS, RESIDENT CONTRACTOR AND RESIDENT VETERAN PREFERENCE CERTIFICATIONTo receive a resident business preference pursuant to Section 13-1-21 NMSA 1978 or a resident contractor preference pursuant to 13-4-2 NMSA 1978, a business or contractor is required to submit with its RFP or proposal a copy of a valid resident contractor certificate issued by the taxation and revenue department. In addition, the attached “Resident Veteran Preference Certification” form (Exhibit F) must filled out, signed and accompany any RFP from any business wishing to receive a resident veteran’s preference.

RESIDENT PRFERENCE NUMBER: ________________________________________

RESIDENT VETERAN PRFERENCE NUMBER:_______________________________

The undersigned, as an authorized representative for the Company named below, acknowledges that the Offeror has examined this RFP with its related documents and is familiar with all of the conditions surrounding the described materials, labor and/or services. Offeror hereby agrees to furnish all labor, materials and supplies necessary to comply with the specifications in accordance with the Terms and Conditions set forth in this RFP and at the prices stated within the RFP.

The undersigned further states that the company submitting this RFP is not in violation of any applicable Conflict of Interest laws or regulations or any other related clauses included in this RFP.COMPANY NAME__________________________________________________

ADDRESS________________________________________________________CITY/STATE/ZIP___________________________________________________

TELEPHONE:__________FAX:_______________EMAIL:___________________

NEW MEXICO GROSS RECEIPTS TAX NO______________________________FEDERAL EMPLOYER ID NUMBER (FEIN)______________________________SIGNATURE OF AUTHORIZED REPRESENTATIVE______________________

PRINTED OR TYPED NAME__________________________________________

TITLE____________________________________________DATE___________

NM PED FSMC-LEA Contract Page 71 of 19

ATTACHMENT: J

CAMPAIGN CONTRIBUTION DISCLOSURE

Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any state agency or local public body for professional services, a design and build project delivery system, or the design and installation of measures the primary purpose of which is to conserve natural resources must file this form with that state agency of local public body. This form must be filed even if the contract qualifies as a small purchase or a sole source contract. The prospective contractor must disclose whether they, a family member or a representative of the prospective contractor has made a campaign contribution to an applicable public official of the state or a local public body during the two years prior to the date on which the contractor submits a proposal or, in the case of a sole source or small purchase contract, the two years prior to the date the contractor signs the contract, if the aggregate total of contributions given by the prospective contractor, a family member or a representative of the prospective contractor to the public official exceeds two hundred fifty dollars ($250) over the two year period.

Furthermore, the state agency or local public body shall void an executed contract or cancel a solicitation or proposed award for a proposed contract if: 1) a prospective contractor, a family member of the prospective contractor, or a representative of the prospective contractor gives a campaign contribution or other thing of value to an applicable public official or the applicable public official’s employees during the pendency of the procurement process or 2) a prospective contractor fails to submit a fully completed disclosure statement pursuant to the law.

THIS FORM MUST BE FILED BY ANY PROSPECTIVE CONTRACTOR WHETHER OR NOT THEY, THEIR FAMILY MEMBER, OR THEIR REPRESENTATIVE HAS MADE ANY CONTRIBUTIONS SUBJECT TO DISCLOSURE.

The following definitions apply:

“Applicable public official” means a person elected to an office or a person appointed to complete a term of an elected office, who has the authority to award or influence the award of the contract for which the prospective contractor is submitting a competitive sealed proposal or who has the authority to negotiate a sole source or small purchase contract that may be awarded without submission of a sealed competitive proposal.

“Campaign Contribution” means a gift, subscription, loan, advance or deposit of money or other thing of value, including the estimated value of an in-kind contribution, that Is made to or received by an applicable public official or any person authorized to raise, collect, or expend contributions on that official’s behalf for the purpose of electing the official to either statewide or local office. “Campaign Contribution” includes the payment of a debt incurred in an election campaign, but does not include the value of services provided without compensation or unreimbursed travel or other personal expenses of individuals who volunteer a portion or all of their time on behalf of a candidate or political committee, nor does it include the administrative or solicitation expenses of a political committee that are paid by an organization that sponsors the committee.

“Family Member” means spouse, father, mother, child, father-in-law, mother-in-law, daughter-in-law or son-in-law.

“Pendency of the procurement process” means the time period commencing with the public notice of the request for proposals and ending with the award of the contract or the cancellation of the request for proposals.

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“Person” means any corporation, partnership, individual, joint venture, association or any other private legal entity.

“Prospective contractor” means a person who is subject to the competitive sealed proposal process set forth in the Procurement Code or is not required to submit a competitive sealed proposal because that person qualifies for a sole source or a small purchase contract.

“Representative of a prospective contractor” means an officer or director of a corporation, a member or manager of a limited liability corporation, a partner of a partnership or a trustee of a trust of the prospective contractor.

DISCLOSURE OF CONTRIBUTIONS:

Contribution Made By: ___________________________________________________

Relation to Prospective Contractor: _________________________________________

Name of Applicable Public Official: _________________________________________

Date Contribution(s) Made: ________________________________________________

Amount(s) of Contribution(s): __________________________________________________________________________________________________________________________________________________________________________________________

Nature of Contribution(s): __________________________________________________________________________________________________________________________________________________________________________________________________________________

Purpose of Contribution(s): ______________________________________________________________________ ____________________________________________________________________________________________________________________________________________

(Attach extra pages if necessary)

Signature: _______________________________________ Date: ____/____/____

___________________________________________________Title (position)

___________________________________________________Company

—OR—

NO CONTRIBUTIONS IN THE AGGREGATE TOTAL OVER TWO HUNDRED FIFTY DOLLARS ($250) WERE MADE to an applicable public official by me, a family member or representative.

NM PED FSMC-LEA Contract Page 73 of 19

Signature: _________________________________________ Date: ____/____/____

___________________________________________________Title (position)

Company: ____________________________________________________________

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ATTACHMENT: KRIO RANCHO PUBLIC SCHOOL DISTRICT

BUSINESS REFERENCES

OFFERORS SHALL PROVIDE REFERENCES ONLY ON THIS FORM. REFERENCES CANNOT BE RIO RANCHO PUBLIC SCHOOL DISTRICT.

1. FIRM NAME: _____________________________________________________CONTACT PERSON: ______________________________________________TITLE OF CONTACT: ______________________________________________ADDRESS: _______________________________________________________TELEPHONE NUMBER: ____________________________________________EMAIL ADDRESS: _________________________________________________COMMENTS: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

2. FIRM NAME: _____________________________________________________CONTACT PERSON: ______________________________________________TITLE OF CONTACT: ______________________________________________ADDRESS: _______________________________________________________TELEPHONE NUMBER: ____________________________________________EMAIL ADDRESS: _________________________________________________COMMENTS:_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

3. FIRM NAME: _____________________________________________________CONTACT PERSON: ______________________________________________TITLE OF CONTACT: ______________________________________________ADDRESS: _______________________________________________________TELEPHONE NUMBER: ____________________________________________EMAIL ADDRESS: _________________________________________________COMMENTS: _____________________________________________________

NM PED FSMC-LEA Contract Page 75 of 19

________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

4. FIRM NAME: _____________________________________________________CONTACT PERSON: ______________________________________________TITLE OF CONTACT: ______________________________________________ADDRESS: _______________________________________________________TELEPHONE NUMBER: ____________________________________________EMAIL ADDRESS: _________________________________________________COMMENTS:_____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

5. FIRM NAME: _____________________________________________________CONTACT PERSON: ______________________________________________TITLE OF CONTACT: ______________________________________________ADDRESS: _______________________________________________________TELEPHONE NUMBER: ____________________________________________EMAIL ADDRESS: _________________________________________________COMMENTS: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

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APPENDIX A: MINIMUM FOOD SPECIFICATIONSTo be completed by SFA. DPI does not approve, evaluate or endorse specifications. Examples may include the following listed below.

Meat/Seafood – All meats, meat products, poultry products, and fish must be government-inspected.

Beef, lamb, and veal shall be USDA Grade Choice or better. Pork shall be U.S. No.1 or U.S. No. 2 Poultry shall be U.S. Government Grade A Seafood to be top grade, frozen fish – must be a nationally distributed brand,

packed under continuous inspection of the USDA

Dairy Products – All dairy products must be government-inspected.

Fresh eggs, USDA Grade A or equivalent, 100 percent candled Frozen eggs, USDA – inspected Milk, pasteurized Grade A

Fruits and Vegetables

Fresh fruits and vegetables selected according to written specifications for freshness, quality, and color – U.S. Grade A Fancy

Canned fruits and vegetables selected to requirements – U.S. Grade A Choice or Fancy (fruit to be packed in light syrup or natural juices)

Frozen fruits and vegetables shall be U.S. Grade A Choice or better

Baked Products

Bread, rolls, cookies, pies, cakes, and puddings either prepared or baked on premises or purchased on a quality level commensurate with meeting USDA breakfast and lunch requirements, as applicable

Staple Groceries

Staple groceries to be a quality level commensurate with previously listed standards

At a minimum, any proposed menu plans must comply with the Final Rule Nutrition Standards in the National School Lunch and School Breakfast Programs (see Exhibit A for meal pattern requirements).

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Appendix A (continued…): MINIMUM FOOD SPECIFICATIONS

Exhibit A: Meal Pattern Requirements

Breakfast Meal Pattern Lunch Meal PatternGrades

K-5aGrades

6-8aGrades

9-12aGrades

K-5Grades

6-8Grades

9-12Meal Pattern Amount of Foodb Per Week (Minimum Per Day)Fruits (cups)c,d 5 (1)e 5 (1)e 5 (1)e 2½ (½) 2½ (½) 5 (1)

Vegetables (cups)c,d 0 0 0 3¾ (¾) 3¾ (¾) 5 (1)

Dark greenf 0 0 0 ½ ½ ½

Red/orangef 0 0 0 ¾ ¾ 1¼

Beans/peas (legumes)f 0 0 0 ½ ½ ½

Starchyf 0 0 0 ½ ½ ½

Otherf,g 0 0 0 ½ ½ ¾

Additional vegetable to reach totalh 0 0 0 1 1 1½

Grains (oz eq)i 7-10 (1)j 8-10 (1)j 9-10 (1)j 8-9 (1) 8-10 (1) 10-12 (2)

Meats/meat alternates (oz eq) 0k 0k 0k 8-10 (1) 9-10 (1) 10-12 (2)

Fluid milk (cups)l 5 (1) 5 (1) 5 (1) 5 (1) 5 (1) 5 (1)

Other Specifications: Daily Amount Based on the Average for a 5-Day Week

Min-max calories (kcal)m,n,o 350-500 400-550 450-600 550-650 600-700 750-850

Saturated fat (% of total calories)n,o < 10 < 10 < 10 < 10 < 10 < 10

Sodium (mg)n, p < 430 < 470 < 500 < 640 < 710 < 740

Trans fatn,o Nutrition label or manufacturer specifications must indicate zero grams of trans fat per serving.

a In the SBP, the above age-grade groups are required beginning July 1, 2013 (SY 2013-14). In SY 2012-2013 only, schools may continue to use the meal pattern for grades K-12 (see § 220.23).

b Food items included in each food group and subgroup and amount equivalents. Minimum creditable serving is ⅛ cup.c One quarter-cup of dried fruit counts as ½ cup of fruit; 1 cup of leafy greens counts as ½ cup of vegetables. No more than half of

the fruit or vegetable offerings may be in the form of juice. All juice must be 100 percent full-strength.d For breakfast, vegetables may be substituted for fruits, but the first two cups per week of any such substitution must be from the

dark green, red/orange, beans and peas (legumes) or “Other vegetables” subgroups as defined in §210.10(c)(2)(iii).e The fruit quantity requirement for the SBP (5 cups/week and a minimum of 1 cup/day) is effective July 1, 2014 (SY 2014-2015).f Larger amounts of these vegetables may be served.g This category consists of “Other vegetables” as defined in §210.10(c)(2)(iii)(E). For the purposes of the NSLP, “Other vegetables”

requirement may be met with any additional amounts from the dark green, red/orange, and beans/peas (legumes) vegetable subgroups as defined in §210.10(c)(2)(iii).

h Any vegetable subgroup may be offered to meet the total weekly vegetable requirement.i At least half of the grains offered must be whole grain-rich in the NSLP beginning July 1, 2012 (SY 2012-2013), and in the SBP

beginning July 1, 2013 (SY 2013-2014). All grains must be whole grain-rich in both the NSLP and the SBP beginning July 1, 2014 (SY 2014-15).

j In the SBP, the grain ranges must be offered beginning July 1, 2013 (SY 2013-2014). k There is no separate meat/meat alternate component in the SBP. Beginning July 1, 2013 (SY 2013-2014), schools may substitute

1 oz eq of meat/meat alternate for 1 oz eq of grains after the minimum daily grains requirement is met.l Fluid milk must be low fat (1 percent milk fat or less, unflavored) or fat free (unflavored or flavored).m The average daily amount of calories for a 5-day school week must be within the range (at least the minimum and no more than

the maximum values). n Discretionary sources of calories (solid fats and added sugars) may be added to the meal pattern if within the specifications for

calories, saturated fat, trans fat, and sodium. Foods of minimal nutritional value and fluid milk with fat content greater than 1 percent milk fat are not allowed.

o In the SBP, calories and trans fat specifications take effect beginning July 1, 2013 (SY 2013-2014). p Final sodium specifications are to be reached by SY 2022-2023 or July 1, 2022. Intermediate sodium specifications are established

for SY 2014-2015 and 2017-2018. See required intermediate specifications in § 210.10(f)(3) for lunches and § 220.8(f)(3) for breakfasts.

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Appendix A (continued…): MINIMUM FOOD SPECIFICATIONS

Summer Food Service Program Meal Pattern (if applicable)

Food Components Breakfast Lunch or Supper

Snack1 (Choose twoof the four)

MilkMilk, fluid 1 cup (8 fl oz)2 1 cup (8 fl oz)3 1 cup (8 fl oz)2

Vegetables and/or FruitsVegetable(s) and/or fruit(s), or full-strength vegetable or fruit juice ½ cup ¾ cup total4 ¾ cup

An equivalent quantity of any combination ofvegetables(s), fruit(s), and juice ½ cup (4 fl oz) ¾ cup (6 fl oz)

Grains and Breads5

Bread 1 slice 1 slice 1 sliceCornbread, biscuits, rolls, muffins, etc. 1 serving 1 serving 1 servingCold dry cereal ¾ cup or 1 oz6 ¾ cup or 1 oz6

Cooked pasta or noodle product ½ cup ½ cup ½ cupCooked cereal or cereal grains or anequivalent quantity of any combination of grains/breads ½ cup ½ cup ½ cup

Meat and Meat Alternates (Optional)Lean meat or poultry or fish or alternate protein product7 1 oz 2 oz 1 oz

Cheese 1 oz 2 oz 1 ozEggs ½ large egg 1 large egg ½ large eggCooked dry beans or peas ¼ cup ½ cup ¼ cupPeanut butter or soynut butter or other nut or seed butters 2 tbsp 4 tbsp 2 tbsp

Peanuts or soynuts or tree nuts or seeds, or yogurt, plain or sweetened and flavored 1 oz 1 oz= 50%8 1 oz

An equivalent quantity of any combination of the above meat/meat alternates 4 oz or ½ cup 8 oz or 1 cup 4 oz or ½ cup

For the purpose of this table, a cup means a standard measuring cup.

1 Serve two food items. Each food item must be from a different food component. Juice may not be served when milk is served as the only other component.

2 Shall be served as a beverage, or on cereal, or use part of it for each purpose.3 Shall be served as a beverage.4 Serve two or more kinds of vegetable(s) and or fruit(s) or a combination of both. Full-strength vegetable or fruit juice may be

counted to meet not more than one-half of this requirement.5 All grain/bread items must be enriched or whole grain, made from enriched or whole-grain meal or flour, or if it is a cereal, the

product must be whole-grain, enriched or fortified. Bran and germ are credited the same as enriched or whole grain meal or flour.6 Either volume (cup) or weight (oz) whichever is less.7 Must meet the requirements in Appendix A of the SFSP regulations.8 No more than 50 percent of the requirement shall be met with nuts or seeds. Nuts or seeds shall be combined with another

meat/meat alternate to fulfill the requirement. When determining combinations, 1 oz of nuts or seeds is equal to 1 oz of cooked lean meat, poultry, or fish.

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APPENDIX: B

RFP Question Submittal FormRFP#2017-009-ADM

All written questions must be addressed to the Buyer for this RFP. Offerors are to submit written questions using the format below. Written responses to the questions received will be distributed by RRPS’s Purchasing Department as an Amendment/Addenda to this RFP solicitation.

Question #

Reference Page/Paragraph/Sec

Question

NM PED FSMC-LEA Contract Page 80 of 19

APPENDIX C- LUNCH TIMES (2016-2017)

School Breakfast

Lunch Wednesday

Cielo Azul 8:45-9:10 10:50-1:10 10:15-12:40

Cleveland 6:45-7:20 11:08-12:35

10:40-12:00

Colinas 7:00-7:30 11:00-1:00Eagle Ridge

7:45-8:15 11:00-11:3011:55-12:2512:50-1:20

10:40-11:1011:30-12:0012:20-12:50

Enchanted Hills

8:30-9:00 11:00-1:05 10:50-12:45

Lincoln 7:45-8:15 11:01-1:23 10:45-12:55

Independent

7:20-7:45 11:35-12:08

Maggie Cordova

8:30-9:00 11:00-1:30 10:00-12:30

MLK 8:20-9:15 10:40-1:30 10:20-12:30

Mountain View

7:45-8:05 11:00-11:3011:55-

10:45-11:1511:35-

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12:25 12:05Puesta 7:35-8:35 10:25-1:50 10:25-1:50RR Elementary

8:30-9:00 11:00-1:45 10:40-12:20

RR High 6:45-7:15 11:08-11:3812:05-12:35

10:39-11:0911:30-12:00

RR Middle 7:45-8:15 10:56-11:2611:53-12:23

10:38-11:0811:29-11:59

Sandia Vista

8:30-9:10 10:25-12:40

10:25-12:40

Stapleton 8:30-9:00 10:40-1:20 10:30-12:30

Vista Grande

8:30-9:00 11:20-12:55

11:05-12:45

8/01/16

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APPENDIX D: ELIGIBILITY GROUP COUNT BY SCHOOL

SEE EXCEL SPREAD SHEET

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APPENDIX E: CURRENT LABOR GUIDE

SEE EXCEL SPREAD SHEET

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APPENDIX FINSURANCE REQUIREMENTS

CERTIFICATES OF INSURANCE:The Contractor shall furnish the Owner one copy each of Certificates of insurance herein required for each copy of the Purchase Order/Agreement showing coverage, limits of liability, covered operations, effective dates of expiration of policies of insurance carried by the Contractor. The Contractor shall furnish to the Owner copies of limits. The Certificate of Insurance shall be in the form of AIA Document G-705 or similar format acceptable to the Owner. Such certificates shall be filed with the Owner and shall also contain the following statements:

1. “The Regents of Rio Rancho Public Schools, Rio Rancho Public Schools, its agents, servants and employee are held as additional insured.”

2. “The insurance coverage certified herein shall not be canceled or materially changed except after forty-five (45) days written notice has been provided to the owner.”

COMPENSATION INSURANCE:The Contractor shall procure and shall maintain during the life of this contract Worker’s Compensation as required by applicable State law for all Contractor’s employees to be engaged at the site of the project under this project and in case of any such work sublet the Contractor shall require the subcontractor or sub subcontractor similarly to provide Worker’s Compensation Insurance for all the subcontractor’s or sub subcontractor’s Workers which are covered under the Contractor’s Worker’s Compensation Insurance. In case any class of employee engaged in work on the project under this contract is not protected under a Worker’s Compensation Status, the Contractor shall provide and shall cause each subcontractor or sub subcontractor to provide Employer’s insurance in any amount of not less than $500,000.

CONTRACTOR’S PUBLIC LIABILITY INSURANCEThe contractor shall procure and shall maintain during the life of this contract Public Liability Insurance as required by applicable State law. In case of any work being sublet, the Contractor shall require the subcontractor or sub-subcontractor similarly to provide Public Liability Insurance for all the subcontractor’s or sub-subcontractor work being performed under this Purchase Order/Agreement. In any case, whereby the Contractor’s sub-contractor or sub-subcontractor services are not covered under separate policy, the Contractor shall provide and shall cause each subcontractor or Sub-subcontractor to be covered under the contractor’s policy. The insurance must remain in force for the life of the contract including all contract extensions or renewals. The limits effective June 8, 2012 are:

$1,000,000 per occurrence; $2,000,000 annual aggregate.

CONTRACTOR’S VEHICLE LIABILITY INSURANCE:

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The Contractor shall procure and shall maintain during the life of this contract Vehicle Liability Insurance coverage “equal to the maximum liability amounts set forth in the New Mexico Tort Claims Act Section 41-4-1 et.seq. NMSA 1978.” The insurance must remain in force for the life of the contract including all contract extensions or renewals. The limits effective July 1, 1992 are:

Bodily Injury $750,000 Each OccurrenceProperty Damage $100,000 Each Occurrence

SUBCONTRACTOR’S AND SUB CONTRACOTR’S PUBLIC AND VEHICLE LIABILITY INSURANCE:The Contractor shall either:

1. Require each subcontractor or sub-contractor to procure and maintain during the life of the subcontract or sub subcontract public Liability Insurance of the types and amounts specified above or,

2. Insure the activities of the subcontractors of sub subcontractors in the Contractor’s Policy as required under this Article.

GENERAL:All Insurance policies are to be issued by companies authorized to do business under the laws of the state in which work is to be done and acceptable to owner.

The Contractor shall not violate, permit to be violated, any conditions of any said policies, and shall at all times satisfy the requirements for the insurance companies writing said policies.

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APPENDIX G

New Mexico Public Education Department

Coordinated School Health and Wellness Bureau

HEALTHYSTUDENTS

MEDIA BUSINESS

PUBLICSERVICES

CULTURAL TRADITIONS

EDUCATIONAL SYSTEMS

COMMUNITY

LEA Sample Fixed Price ContractFood Service Management Company

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ARTICLE I INTRODUCTION

1.1 Date of and Parties to the Agreement .This agreement, dated, _ is between , hereafter called the Local Education Agency (LEA), and Food Service Management Company (the FSMC): .

1.2 Purpose of Agreement . This agreement sets forth the terms and conditions upon which the LEA retains the FSMC to manage and operate the LEA’s food service for the LEA’s students, employees, visitors, and guests.

1.3 Term of the Agreement . The initial term of this agreement commences on , and continues until ( this date may be no more than one year from the date the agreement commences ). The agreement is subject to maximum four (4) additional one-year renewals upon the consent of both parties, unless terminated earlier as provided in the Article concerning General Terms and Conditions. Extensions or renewals are contingent upon the fulfillment of all contract provisions contained herein.

1.4 Integration of Terms . In the case where competitive proposal solicitations are used, the terms of this agreement shall be in accordance with the Request of Proposal (RFP), any amendments to the RFP that many be submitted by the LEA, and the proposal submitted by the FSMC, which are incorporated by reference into this agreement. In the case where sealed bid solicitations are used, the terms of this agreement shall be in accordance with the Invitation for Bids (IFB) any amendments to the IFB that many be submitted by the LEA, and are incorporated by reference into this agreement. In the event contradictory statements the following order of precedence shall apply: agreement, RFP or IFB, and proposals, if any.

ARTICLE II RELATIONSHIP OF THE PARTIES

2.1 Limited Agency. To the extent that the state or federal statutes or regulations require that the FSMC shall be an agent of the LEA for certain regulatory purposes, such statutes and regulations shall be controlling, and the FSMC shall be the LEA’s agent for such purposes. Otherwise, FSMC shall be an independent contractor and not an officer, agent, employee, partner, joint venture, tenant or servant of the LEA.

2.2 Responsibilities of FSMC .

A. As agent, the FSMC shall purchase, prepare and serve a variety of high quality, wholesome, and nutritious foods and beverages for students, faculty, staff, employees, and others as designated by the LEA in accordance with the terms and conditions of this agreement.

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B. The FSMC agrees that it will perform the work described in this agreement in full compliance with all applicable laws, rules, and regulations adopted or promulgated by any federal or state regulatory body or governmental agency.

C. The FSMC agrees to meet all requirements and performance standards that may be specified by rule or regulation by any administrative officials or bodies charged with enforcement of any state or federal laws on the subject matter of this agreement.

D. The FSMC agrees to conduct program operations in accordance with 7 CFR Parts 210, 215, 220, 245, 250 and FNS instructions and policies as applicable.

E. The FSMC agrees to assume full responsibility for the payment of all contributions, assessments, both state and federal, as to all employees engaged by it in the performance of this agreement.

F. The FSMC agrees to procure processed end products from donated foods on behalf of the LEA in accordance with 7 CFR Part 250 and credit the LEA nonprofit food service account with all donated foods received for use in the LEA meal service in the school year received. (Include the value pass-through method to be used and the frequency of crediting (monthly, quarterly, etc.); however, not less than annual.[7 CFR Part 250.51(b-c])

Also, include required contract provisions in [7 CFR Part 250.53(a)(1-12)].

G. The FSMC agrees to furnish the LEA, upon request, a certificate or other evidence of compliance with state or federal laws regarding contributions, taxes, and assessments on payrolls and agrees to retain records in compliance with 7 CFR Part 210.16(c)(1) and 210.23(c)

H. The FSMC agrees that it will not itself enter into the processing agreement with the processor.

I. The FSMC agrees to comply with the storage and inventory management requirements for donated foods. 7 CFR Part 250.52 (Recommend keeping the entire part which references 250.14(b))

J. The FSMC agrees to comply with the SFA’s free and reduce priced meal policies. The information cannot be used or possessed by the FSMC for any use other than to determine eligibility for free and reduced meals.

K. The FSMC will following the LEA’s established policy regarding marketing/advertising within school district buildings.

L. The FSMC will abide by the New Mexico Procurement Code, §13-1-28 through §13- 1-199 NMSA, and acknowledges that the Code imposes civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.

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M. The FSMC shall adhere to the New Mexico Employees Health Coverage as follows:

1.) For all contracts solicited and awarded on or after January 1, 2008: If the Offeror has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Offeror must agree to have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2010 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

2.) Offeror must agree to maintain a record of the number of employees who have

(a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.

3.) Offeror must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information http://insurenewmexico.state.nm.us/.

4.) For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the Offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.

2.3 Responsibilities of LEA .

A. The LEA shall supervise and retain control of the FSMC’s daily operation of the food service described in this agreement; retain control of the quality, extent, and general nature of the food service operation; and establish all program and non-program meal and a la carte prices. Authorized representatives of the LEA shall have access to all portions of the food service facilities at all times, and shall monitor the performance of the FSMC under this agreement to ensure conformance with program regulations through periodic on-site visits. 7 CFR 210.16(a)(2)(3)(4).

B. The LEA may make reasonable regulations with regard to all matters under its’ supervision and control, and the FSMC shall comply with them as soon as reasonably possible after proper notification is given.

C. The LEA shall retain control of the school food service account and overall financial responsibility for the school nutrition program. 7 CFR 210.19 (a)(1).

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D. The LEA shall retain signature authority on the Child Nutrition Program Food Services Agreement, Free and Reduced Price Policy Statement, and all claims for reimbursement. 7 CFR 210.9(a)(b); 210.16(a)(5).

E. The LEA shall be responsible for all contractual agreements entered into in connection with the school nutrition program. 7 CFR 210.21; 210.19(a)(1); and 3015.

F. The LEA shall implement internal controls and ensure resolution of program review and audit findings. 7 CFR 210.8(a), 210.9(b)(17), 210.18(k)(1)(2).

G. The LEA shall provide a 21-day cycle menu (Attach a copy of the menu and label as an Appendix or Attachment). The FSMC must adhere to the cycle menu for the first 21 days of meal service, and any changes made thereafter may be made only with approval of the LEA. 7 CFR 210.16(b)(1).

H. The LEA shall establish an advisory board composed of parents, teachers, and students to assist in menu planning. 7 CFR 210.16(a)(8).

I. The LEA shall maintain applicable health certification and be assured that the FSMC is meeting all state and local regulations in preparing and serving meals at the facilities. 7 CFR 210.16(a)(7).

J. The LEA shall distribute and collect the parent letter and application for free and reduced price meals. 7 CFR 245.6.

K. The LEA shall establish a policy for providing meals to students without adequate funds. The LEA policy will protect students by providing equal services to all students. The FSMC will defer to the LEA’s policy in providing meals. The FSMC will bill the LEA for the meals served with the LEA payment from funds other than non-profit food service funds.

L. The LEA shall [determine eligibility and verify applications for free and reduced price meal benefits and] conduct any hearings related to such determinations.

7 CFR 245.6, 6a, 7, 10.

M. The LEA shall assure that the maximum amount of USDA donated foods are received and utilized by the FSMC. 7 CFR 210.9(b)(15).

N. The LEA shall establish commodity processing agreements. 7 CFR 250.51(a).

O. The LEA shall retain title to donated foods. 7 CFR 210.16 (a) (6).

P. The LEA will abide by the New Mexico Procurement Code, §13-1-28 through §13-1-199 NMSA, and acknowledges that the Code imposes civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities, and kickbacks.

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Q. The LEA shall adhere to the New Mexico Employees Health Coverage as follows:

1.) For all contracts solicited and awarded on or after January 1, 2008: If the Offeror has, or grows to, six (6) or more employees who work, or who are expected to work, an average of at least 20 hours per week over a six (6) month period during the term of the contract, Offeror must agree to have in place, and agree to maintain for the term of the contract, health insurance for those employees and offer that health insurance to those employees no later than July 1, 2010 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $250,000 dollars.

2.) Offeror must agree to maintain a record of the number of employees who have

(a) accepted health insurance; (b) decline health insurance due to other health insurance coverage already in place; or (c) decline health insurance for other reasons. These records are subject to review and audit by a representative of the state.

3.) Offeror must agree to advise all employees of the availability of State publicly financed health care coverage programs by providing each employee with, as a minimum, the following web site link to additional information http://insurenewmexico.state.nm.us/.

4.) For Indefinite Quantity, Indefinite Delivery contracts (price agreements without specific limitations on quantity and providing for an indeterminate number of orders to be placed against it); these requirements shall apply the first day of the second month after the Offeror reports combined sales (from state and, if applicable, from local public bodies if from a state price agreement) of $250,000.

ARTICLE III FOOD SERVICE PROGRAM

3.1 Location. The FSMC shall purchase food, prepare and serve meals for the schools/sites listed in Appendix A. The LEA and the FSMC may agree to add other locations.

3.1a Programs. The FSMC shall prepare and serve meals for the LEA acting as a sponsor ofone or more of the following USDA Child Nutrition Programs:

National School Lunch Program (NSLP) School Breakfast Program (SBP) After School Snack Program Fresh Fruit and Vegetable Program (FFVP)

3.2 Calendar . All meals will be provided in accordance with the approved calendar, attached as Appendix B (make sure this is attached). For the first twenty-one (21) days of food service, FSMC will adhere to the 21-day cycle menu agreed upon by FSMC and the LEA. Changes in the menu may later be made with approval of the LEA. 7 CFR 210.16 (b) (1).

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3.3 Meal Program . The FSMC shall provide nutritional, high-quality breakfasts, lunches, snacks, suppers, a la carte food, and vending items, as applicable, in accordance with the following terms:

A. All reimbursable lunches, breakfasts, and snacks shall meet the qualifications for USDA reimbursement as described in 7 CFR 210.10, and 220.8, 225.16 and 226.20, as applicable.

B. Prices to be charged for meals, and snacks during the current contract year shall be established by the LEA (7CFR 210.16(a)(4)).

C. The LEA shall administer the application process for all free and reduced price meals, and shall establish and notify parents and guardians of program criteria for eligible students. Both the LEA and the FSMC shall be responsible for protecting the anonymity of students receiving free or reduced price meals.

D. The FSMC shall collect gross sale receipts, on behalf of the LEA, for cash-paid meals, a la carte items, and vending items. Gross cash receipts shall be turned over daily to the LEA.

3.4 Nutrition Awareness Programs . In cooperation with the LEA, the FSMC shall conduct on-going nutrition awareness programs for students, teachers, parents, and other interested parties.

3.5 Special Diets . The FSMC shall supply special diets for students where medically necessary and when prescribed by licensed physician for disabled students, or medical practitioner, for non-disabled students, in accordance with state, USDA and PED regulations, and approved in writing by the LEA.

3.6 Food Committee and Advisory Board . The FSMC shall cooperate with the LEA’s Food Service Advisory Committee, consisting of students, parents, and LEA staff in developing menus and other food service programs.

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3.7 Catering . Upon request by the LEA, the FSMC shall provide catered food service at times and prices mutually agreed upon. For all LEA sponsored and third party functions catered by the FSMC, the FSMC shall prepare and submit prenumbered invoices to appropriate administrators of the LEA and representatives of third party organizations, which shall pay the LEA directly. Such invoices will be submitted by the FSMC by the end of the current month. Any invoice payments received by the FSMC shall be immediately delivered to the LEA’s Accounting Department. The LEA shall be responsible for collecting amounts due on food service accounts receivable invoices. The FSMC shall provide the LEA with copies of invoices and an invoice control log within ten (10) days after the end of each month. Costs of catered functions shall not be supported by the nonprofit food service account funds.

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3.8 Environmental Protection Agency Compliance . In performance of this agreement, the FSMC shall comply with Section 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 117389, and EPA Regulations 40 CFR Part 15, et seq. Environmental violations shall be reported to the United States Department of Agriculture and US EPA Assistant Administrator for Enforcement, and the FSMC agrees not to utilize a facility listed on the EPA’s “List of Violating Facilities.”

3.9 Energy Policy and Conservation Act Compliance . The LEA and the FSMC shall recognize mandatory standards and policies relating to energy efficiency which are contained in the state conservation plan issued in compliance with the Energy Policy and Conservation Act.

3.10 Contract Work Hours and Safety Standards Act Compliance . In performance of this agreement, and as employer for all management food service employees [and non-management foodservice employees], the FSMC shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act.

3.11 Debarment Certification . The FSMC shall complete and submit to LEA the New Mexico Public Education Department’s (PED) Certification Regarding Non-Procurement Debarment and Suspension. The LEA shall submit the certification to the PED’s Coordinated School Health and Wellness Bureau with the contract for review.

3.12 Lobbying . Pursuant to section 1352, Title 31, US Code, the FSMC shall complete and submit to the LEA Certificate Regarding Lobbying and a Disclosure of Lobbying Activities. The LEA shall submit the certification to the PED’ Coordinated School Health and Wellness Bureau with the contract for review.

3.13 “Buy American” Provision. Section 104(d) of the William F Goodling Child Nutrition Reauthorization Act of 1998 requires schools and institutions participating in the National School Lunch Program (NSLP) and School Breakfast Program (SBP) in the contiguous United States to purchase, to the maximum extent practicable, domestic commodities or products with nonprofit school food service account funds. Also found in 7 CFR Part 210.21(d)

ARTICLE IV MANAGEMENT AND PERSONNEL

4.1 FSMC Management and Professional Employees . The FSMC shall provide sufficient and qualified management and professional employees to manage the food service operations and supervise all employees employed therein.

4.2 Non-Management Employees . All non-management food service employees shall be employees of the LEA [FSMC]. The FSMC managers shall direct and supervise the food service employees.

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4.3 Student Workers . The LEA has a policy of providing work experience for its students as part of the educational curriculum. In furtherance of that policy, the LEA may assign students for work in the food service operation in such numbers as are agreed upon between the LEA

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and the FSMC.

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4.4 Payroll and Taxes . The FSMC shall prepare and process the payroll for and shall pay its employees directly. The FSMC further warrants that it shall withhold or pay as appropriate all applicable federal and state employment taxes and payroll insurance with respect to its employees, specifically including any income, social security, and unemployment taxes and workers’ compensation payments.

4.5 Workers’ Compensation Insurance . The FSMC shall procure Workers’ Compensation Insurance or shall maintain a system of self-insurance in conformance with applicable state law covering its employees and shall provide proof of such coverage or system to the LEA.

4.6 Nondiscrimination .In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, religious creed, disability, age, political beliefs, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g. Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD-3027) found online at http://www.ascr.usda.gov/complaint_filing_cust.html, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by (1) mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email: program.intake@usda.gov.

ARTICLE V INVENTORIES, FACILITIES, EQUIPMENT, AND

MAINTENANCE

5.1 Inventories of Food and Supplies . Prior to the commencement of the term of this agreement, the existing food and operational supplies shall be delivered and charged to the FSMC for the performance of this agreement. The cost of food and operational supplies ordered by FSMC on behalf of the LEA in performance of this agreement shall be paid for by the FSMC. The inventory of food and operational supplies shall remain the FSMC’S property.

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A. Any federally donated commodities received by the LEA and made available to the FSMC shall be used only for the benefit of the LEA’s nonprofit food service operation and must be fully utilized, including all donated ground beef and ground pork and all end products received from processors. Bonus commodity items must be used to reduce the cost of meals, but not replace purchased products. The value of commodities is the average USDA purchase price as listed by PED. Notwithstanding the foregoing, if, upon termination of the Agreement, there remains USDA donated commodities that have not been used but have been credited (other than ground pork, ground beef, or processed end products), then the LEA may, at its discretion and in accordance with USDA regulations, mutually agree with the current FSMC on other use or disposition of such commodities. This agreement could include the removal of such products by the current FSMC.

B. The FSMC may store and inventory donated foods and commercially purchased food together to the extent that the system ensures required use of donated foods. Any commodity processing contracts shall be established by the LEA.

C. All goods, services, and monies received as a result of rebate under a processing contract must be used in the LEA’s nonprofit food service.

D. FSMC representative must have authorization from LEA to have access to commodity ordering system and the name of authorized representative on file with the SA.

5.2 Small wares . The FSMC shall furnish the necessary smallwares, including trays, dishes, glassware, flatware, serving utensils, and the like. The FSMC must determine whether they are permanent or disposable.

5.3 Office Facilities . The LEA shall provide, without cost to the FSMC, suitable office facilities, including furniture and equipment, for use by the FSMC in performance of this agreement. The FSMC shall take reasonable care of the office facilities and equipment, and shall return them to the LEA in good condition upon termination of this agreement, ordinary wear and tear excepted.

5.4 Sanitation. The FSMC shall be responsible for usual and customary cleaning and sanitation of the LEA’s food service facilities.

A. The FSMC shall be responsible for housekeeping and sanitation in areas used for food preparation, storage, and service, and shall clean and sanitize dishes, pots, pans, utensils, equipment, and similar items.

B. The LEA shall be responsible for the required cleaning and maintenance of dining areas and snack bar seating areas beyond the front edge of the serving lines, as well as periodic cleaning of all ceilings, ceiling fixtures, air ducts, and hood vent systems (as per local ordinance). The LEA shall also provide and maintain adequate fire extinguishing equipment for food service areas, provide necessary pest control, and shall be responsible for the removal of refuse from refuse collection centers.

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C. If the LEA is unable to perform any of its responsibilities described in subparagraph B above, the FSMC shall temporarily assume those responsibilities and shall bill the LEA for any costs incurred.

D. The FSMC shall be responsible for complying with all applicable federal,state, and municipal laws related to food preparation and sanitation and all rules and regulations promulgated there under for any facility outside the school in which it prepares meals and at LEA facilities.7 CFR 210.16(c)(2).

E. The LEA shall be responsible for compliance relating to structural and equipment matters.

5.5 Maintenance . The LEA shall provide, at the LEA’s expense, maintenance personnel and outside maintenance services, parts, and supplies required to properly maintain the food service facilities and equipment. If the FSMC is required by an outside maintenance service to make payment at the time of service, the LEA shall reimburse the FSMC for such payments made.

5.6 Condition of Facilities and Equipment . The LEA shall obtain necessary health permits and certification for its facilities. The premises and equipment provided by each party in performance of this agreement shall comply with all applicable building, safety, sanitation, and health laws; and shall satisfy all permit requirements, ordinances, rules, and regulations, including the federal Occupational Health and Safety Act of 1970 or applicable state act and standards promulgated thereunder. FSMC shall take reasonable and proper care of all premises and equipment in its custody and control and shall use them in a manner that will not cause violation of applicable laws, ordinances, rules, and regulations, including any reporting and record-keeping requirements. If at any time the FSMC is notified by an authorized government agency that the LEA’s premises or equipment are not in compliance with any law, ordinance, rule, or regulation, the FSMC shall immediately inform the LEA of such notification.

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5.7 Transportation Equipment and Vehicle . The LEA shall provide transportation vehicles and equipment to be used in the food service program. Maintenance, fuel, insurance, and equipment for transportation shall be the responsibility of the LEA

5.8 Nonconforming Facilities and Equipment . Each party shall, at no cost to the other, make all repairs, alterations, modifications, or replacements to premises and equipment provided by each party in performance of this agreement which may be necessary to correct any conditions of premises or equipment which violate applicable building, sanitation, health, or safety law, ordinance, rule or regulation.

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ARTICLE VI FINANCIAL AND PAYMENT TERMS

6.1 Billing for Fixed Price Per Meal . The LEA and the FSMC have mutually agreed upon the fixed price per meal as follows:

SBP-Breakfast $ 0.00 per meal -Meal Equivalents $ 0.00 per meal based on $ 0.00 rate

NSLP-Lunch $ 0.00 per meal-Snack $ 0.00 per snack-Meal Equivalents $ 0.00 per meal based on $ 0.00 rate

SFSP-Breakfast $ 0.00 per meal -Lunch $ 0.00 per meal-Snack $ 0.00 per snack

CACFP-Breakfast $ 0.00 per meal -Lunch $ 0.00 per meal-Supper $ 0.00 per meal-Snack $ 0.00 per snack

SMPMilk $ 0.00 per half pint

FFVPServing $ 0.00 per student

A. Meal Equivalent Defined:

1. For fixed price per meal purposes, each reimbursable lunch shall be considered one

(1) meal/meal equivalent, each reimbursable breakfast shall be considered one-third (1/3) of a meal/meal equivalent, and one reimbursable snack shall be considered one- fourth (1/4) of a meal/meal equivalent.

2. For cash meal sale other than reimbursable meals, the number of meal equivalents shall be determined by dividing the total of all food sales except reimbursable meal and snack sales (including sales of adult meals, a la carte meals, snack bar, catering, conference, and any other function sales) by the sum of the current school year free meal reimbursement rate and the commodity value. (Example: The meal equivalency rate = $2.72 plus $0.2025 equals $2.9225 and Lunch Equivalents = total A la Carte dollars divided by $ 2.9225).

B. The FSMC shall submit the following supporting documents to the LEA monthly: Daily meal counts by benefit category by school for each program Daily menu production records by program

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Monthly summary of Value of Commodities used

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Monthly summary of Revenues from other sales

C. Expenses paid by the FSMC and not charged to the LEA or the food service operations include, but are not limited to:

-Reports filed to the State -Corporate income tax

D. Crediting Value of Commodities Received by the LEA – The FSMC must credit the LEA for the value of all donated food received, entitlement and bonus, for use in the LEA’s meal service during the school year. This includes the value of donated food contained in processed end products. The FSMC shall list on the invoice the value of commodities received, for the period and deduct the amount of value from the total owed by LEA for the NSLP meals served. The value of commodities for entitlement and bonus is the average USDA purchase price as listed by PED For processed commodities it is the processing agreement value.

6.2 Invoice Due Date. Invoices submitted to the LEA by the FSMC will be paid according to the LEA’s “Accounts Payable Cut-Off Schedule,” or as otherwise agreed upon. If invoices are received in the LEA’s Accounting Department by the cut-off date, and they pass audit, payment will be made on the release date listed on the schedule. The FSMC will be notified immediately of any invoice that does not pass audit. The LEA shall pay all amounts when due. If the LEA does not make a payment when due, the FSMC may charge interest or a late fee on the past due receivable; however, the LEA may not pay the interest or late fee with funds from the nonprofit school food service account funds, pursuant to 7 CFR 210.16(c).

6.3 Operating Statements . The FSMC shall submit monthly operating statements to the LEA and shall report claim information to the school food authority promptly at the end of each month. This statement shall reflect all activity for the calendar month. Such available records should be made available to the school food authority, upon request, and shall be retained in accordance with 7 CFR 210.23(c).

6.4 Inspection of Books and Records . The books and records of the FSMC pertaining to operations under this agreement shall be available to representatives of the LEA, state agency, the USDA, and the US General Accounting Office at any reasonable time and place.

6.5 Renegotiation of Financial Terms. The fixed price per meal/lunch equivalent will be subject to an annual price adjustment provision, made at the time of contract renewal, based on the CPI For Food Away from Home. The specific CPI used is: CPI-U All Urban Consumers: US City Average Food Away From Home. Use the CPI for the 12 month period of March of 2016 to March of_ 2017 .

6.6 Financial Reconciliation . Within ninety (90) days of the end of the school year, the parties shall complete a reconciliation of the annual operational financial report, which the report shall be signed by the parties as being true and correct.

6.7 Break-Even Guarantee: This is optional depending on what was in the RFP. The LEA and the FSMC shall work together to ensure a financially sound and well-run operation. The

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FSMC shall guarantee that the food service program will achieve, at a minimum, financial break- even, defined, as “generated program revenues will be sufficient to cover the fixed price per meal for all meals served plus LEA direct and indirect costs as set forth in this Agreement.”

6.8 7 Prohibited Expenditures. No expenditure may be made from the nonprofit school food service account for any cost resulting from a procurement failing to meet the requirements of this part, pursuant to CFR Part 210.21(c)(3).

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ARTICLE VII GENERAL TERMS AND CONDITIONS

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7.1 Compliance With Law . The FSMC shall comply with all laws, ordinances, rules, and regulations of all applicable federal, state, county, and city governments, bureaus, and agencies, purchasing, sanitation, health, and safety of the food service operations. The FSMC will comply with all requirements of the National School Lunch Program, the School Breakfast Program, the Special Milk Program, the Summer Food Service Program and the Child and Adult Care Food Program [as applicable] and shall procure and maintain all necessary licenses and permits. The LEA shall cooperate, as necessary, for the FSMC’s compliance and procurement efforts.

7.2 USDA Child Nutrition Program . In order to assist the LEA participation in the following Child Nutrition Programs:

National School Lunch Program (NSLP) School Breakfast Program (SBP) After School Snack Program Fresh Fruit and Vegetable Program (FFVP)

A. No payment shall be made for meals or snacks that are spoiled or unwholesome at the time of service, or do not meet specifications developed by the LEA, or do not otherwise meet the requirements of this agreement. No deduction in payment shall be made by the LEA unless the LEA notifies the FSMC in writing within 48 hours of the meal service for which the deduction is to be made, specifying the number of meals for which a deduction is to be made and describing the reasons for the deduction.

B. The FSMC shall maintain such records, for a period of not less than five (5) years, as are needed by the LEA to support its claims for federal and state reimbursements. The FSMC shall submit to the LEA a monthly meal reimbursement claim report including all meals served under all programs operated by the LEA for the LEA to submit to the PED.

C. The FSMC shall make available, as required by state and federal regulations, all facilities, books and records pertaining to food service operations available for onsite review by the LEA, State Agency, the US Department of Agriculture, and the Comptroller General or their duly authorized representatives to ensure compliance with program requirements and the management and use of donated foods.

D. The FSMC must credit the recipient agency for the value of all donated foods received for use in the recipient agency's meal service in the school year or fiscal year (including both entitlement and bonus foods), and including the value of donated foods contained in processed end products, in accordance with the contingencies in §250.51(a). Further, the FSMC must maintain the following records relating to the use of the donated foods:

1) The donated food and processed end product received from or on the behalf of the LEA for use in meal service.

2) Documentation that it has credited the LEA of the value of all donated food received for use in the LEA’s food service in the school year, including the value of donated foods contained in processed products.

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3) Documentation of the FSMC’s procurement of processed end products on behalf of the LEA.

Each SFA needs to review this section with their Risk Manager: 7.3 Comprehensive Insurance . The FSMC shall obtain and keep in force during this agreement, for the protection of the LEA and the FSMC, Comprehensive General Bodily Injury and Property Damage Liability Insurance in the combined single limit of no less than one million dollars ($1,000,000). That insurance shall include, but not be limited to, Personal Injury Liability, Broad Form Property Damage Liability, Blanket Contractual Liability, and Products Liability, covering only the operations of the FSMC under this agreement, and shall deliver to the LEA a certificate evidencing such policies and coverage within thirty (30) days after the execution of this agreement by the parties. The insurance policies shall contain a covenant by the issuing company that the policies will not be canceled unless a thirty (30) day prior written notice of cancellation is given to the LEA. The policies for $1,000,000 coverage shall also name the LEA as an Additional Insured, but only with respect to operations of the FSMC under this agreement.

7.4 Waiver of Insurance Subrogation . Neither party has any obligation or responsibility for loss or damage to the other’s real or personal property that is caused by fire, extended coverage perils, vandalism, or malicious mischief. The parties waive all rights of recovery against each other for loss or damage to the waiving party occasioned by any such peril insured against under any policies insuring the waiving party’s real or personal property.

7.5 Trade Secrets . During the term of this agreement, the FSMC shall designate any information it considers confidential or proprietary, including recipes, surveys and studies, management guidelines, operating manuals, and similar documents regularly used in the operation of the FSMC’s business. Information so designated and identified shall be treated as confidential by the LEA, and the LEA shall exercise the same level of care in maintaining the confidences of the FSMC as it would employ in maintaining its own confidences. All recipes, files, records, compilations, manuals, and similar items shall remain the exclusive property of the FSMC and shall be returned to the FSMC immediately upon termination of this agreement. The LEA shall have no right to the use trademarks, service marks, copyrights, or trade names of the FSMC following termination of this agreement. The FSMC shall remove all evidence of its trade names and registered trademarks within thirty (30) days after termination of this agreement. Nothing in this section prohibits the Federal government’s rights of reproduction or distribution for any material developed with nonprofit school food service account funds or for any materials in which the FSMC purchases an ownership interest.

7.6 Assignment. This agreement may not be assigned by either party, in whole or in part, without the written consent of the other party.

7.7 Notice . Any notice or communication required or permitted under this agreement shall be in writing and shall be served personally or sent by US registered or certified mail, postage prepaid and return receipt requested, addressed to the other party as follows:

NM

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Notices to the LEA:

LEA: Address: City: , NM Email:

Notices to the FSMC: (Only one 1 notice shall be sent to the FSMC. The FSMC is responsible for providing additional copies to others within their organizations):

FSMC: Address: City: , NM Email:

Notices shall be effective when received. Sent notices will be considered received forty- eight(48) hours after they are deposited in the US mail.

7.8 Attorney’s Fees . If any action or proceeding is necessary to enforce the provisions of this agreement, including any claim or demand, or to interpret this agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs, and necessary disbursements in addition to any other relief to which it may otherwise be entitled, whether or not such action or proceeding is prosecuted to judgment.

7.9 Catastrophe . With the exception of payment obligations for prior performance under this agreement, neither party shall be liable for the failure to perform their respective obligations under this agreement when such failure is caused by fire, explosion, water, act of God or inevitable accident, civil disorder, strikes, vandalism, war, riot, sabotage, weather and energy related closings, or other like causes beyond the reasonable control of the party, nor for any real or personal property destroyed or damaged due to such causes. The FSMC shall resume food service operations as soon as possible.

7.10 Cure Period . If either party, SFA and FSMC, commits any material breach or default of any of the obligations required of it in this agreement under this contract, such breach, default or failure shall be cured within ten (10) business days of written notice of failure by the injured party.

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7.11 Termination .A. Termination for Convenience: This contract may be terminated at any time by the

mutual written consent of the parties. Either party may terminate this agreement without cause. Either the LEA or the FSMC shall give not less than sixty (60) days written notice of the intention to terminate for convenience.

B. Termination for Cause: If either party fails to comply with any of the obligations required of it in this agreement the injured party may give a written notice of Termination. Following receipt of written notice the contract will be terminated in sixty (60) days.

If a cure or remedy is found within the cure period as described in 7.10 above, for the termination request by mutual agreement of the contracting parties, the termination or non- renewal letter must be withdrawn in writing by the terminating party with the sixty (60) day period. This letter should be counter-signed by the receiving party and the letter should become an amendment to this agreement.

C. At the point of termination the FSMC will surrender to the LEA all program records pertaining to the contract period and renewals. These documents include, but are not limited to: daily meal counts by meal benefit category by school/site for each program; monthly benefit issuance rosters with student start and withdrawal dates; and daily menu production records by program.

D. When a contract terminates and is not extended or renewed the FSMC must return all unused donated ground beef, donated ground pork, and processed end products to the LEA. The LEA will ensure that the FSMC has credited it for the value of all donated foods received for use in the LEA’s meal service in a school year.

7.12 Remedy . If either party, LEA and FSMC, commits any material breach or default of any covenant, warranty, obligation or agreement under this contract, or fails to perform the Work under this Contract in accordance with its terms, such breach, default or failure shall be cured within (10) ten business days of written notice by the injured party. Failure to cure or remedy shall be grounds for Termination for Cause.

7.13 Rights Beyond Termination . The right of termination referred to in this agreement is not intended to be exclusive, and is in addition to any other rights available to either party at law or in equity.

7.14 Construction and Effect . A waiver of any failure under this agreement shall neither be construed as, nor constitute a waiver of, any subsequent failure. This agreement supersedes all prior negotiations, representations, or agreements. The Article and Paragraph headings are used solely for convenience and shall not be deemed to limit the subject of the Articles and Paragraphs or be considered in their interpretation. The appendixes referred to herein are made part of this agreement by the respective references to them. This agreement may be executed in several counterparts, each of which shall be deemed an original.

7.15 Amendments to the Agreement . Each of the Articles and any Appendixes shall remain in effect throughout the term of this agreement unless the parties mutually agree, in a written document signed by both parties and attached to this agreement, to amend, add, or delete an

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Article or Appendix. Any amendment to this agreement shall become effective after receiving State agency prior approval and at the date/time specified in the amendment.

7.16 Sanctions . For breach of the agreement and associated benefits:

A. The Public Education Department shall be notified immediately of termination action and reason for termination.

B. The name of either party who has caused the breach shall be kept on record by the State of New Mexico Public Education department for information and action if necessary when co-signing future agreements.

C. If the FSMC causes the breach, the FSMC assumes liability for any and all damages, including excess cost to the LEA in procuring similar services, and is liable for administrative, contractual, and legal remedies as applicable.

SO AGREED:

Print Name Signature of FSMC Authorized Representative TitleDate

Print Name Signature of LEA Authorized Representative TitleDate

Add signature/title/date placeholder for State agency approval.

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Appendix H:Reimbursement Claims

SEE ATTACHED PDF FILE