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RFP # 991-14-002

FOOD SERVICE MANAGEMENT

ISSUE DATE:

April 7, 2014

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TABLE OF CONTENTS

I. INTRODUCTION A. PURPOSE OF THIS REQUEST FOR PROPOSALS ..............................4 B. VISION......................................................................................................4 C. SCOPE OF WORK ...................................................................................4 D. SCOPE OF PROCUREMENT..................................................................4 E. PROCUREMENT MANAGER ................................................................5 F. DEFINITION OF TERMINOLOGY ........................................................5

II. CONDITIONS GOVERNING THE PROCUREMENT A. SEQUENCE OF EVENTS .........................................................................7 B. EXPLANATION OF EVENTS..................................................................8

1. Issue of RFP ................................................................................8 2. Distribution List Response ..........................................................8 3. Deadline to Submit Questions .....................................................9 4. Response to Written Questions/RFP Amendments.....................9 5. Submission of Proposal ...............................................................9 6. Best and Final Offers ................................................................10 7. Finalize Contract .......................................................................10 8. Contract Award .........................................................................11 9. Protest Deadline ........................................................................11

III. GENERAL REQUIREMENTS 1. Acceptance of Conditions Governing the Procurement ............11 2. Incurring Cost............................................................................12 3. Prime Contract Responsibility...................................................12 4. Sub-Contractors.........................................................................12 5. Amended Proposals ...................................................................12 6. Offeror’s Rights to Withdraw Proposal.....................................12 7. Proposal Offer Firm...................................................................13 8. Disclosure of Proposal Contents ...............................................13 9. No Obligation ............................................................................13 10. Termination ...............................................................................14 11. Sufficient Appropriation............................................................14 12. Legal Review ............................................................................14 13. Governing Law..........................................................................14 14. Basis for Proposal......................................................................14 15. Contract Terms and Conditions.................................................15 16. Offeror’s Terms and Conditions................................................15 17. Contract Deviations ...................................................................15 18. Offeror Qualifications ...............................................................15 19. Right to Waive Minor Irregularities ..........................................16 20. Change in Contractor Representatives ......................................16 21. Notice ........................................................................................16 22. Agency Rights ...........................................................................16 23. Right to Publish .........................................................................16

24. Ownership of Proposals..............................................................17 25. Confidentiality............................................................................17

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26. Electronic Mail Address Required .............................................17 27. Use of Electronic Versions of this RFP......................................17 28. New Mexico Employees Health Coverage ................................17 29. Administrative Participation Fee................................................18 30. Suspension and Debarment Requirement ..................................19 31. Preferences .................................................................................19 32. Conflict of Interest-Government Conduct Act ...........................19

IV. RESPONSE FORMAT AND ORGANIZATION A. NUMBER OF RESPONSES .............................................................................. 20 B. NUMBER OF COPIES....................................................................................... 20 C. PROPOSAL FORMAT....................................................................................... 20

1. Proposal Organization.................................................................................. 20 2. Minimum Requirements .............................................................................. 21 3. Letter of Transmittal .................................................................................... 22

V. SPECIFICATIONS

A. INFORMATION 1. HPREC Resources ....................................................................................... 24 2. Work Performance ....................................................................................... 24

B. MANDATORY SPECIFICATIONS 1. Corporate Experience................................................................................... 25 2. Corporate References................................................................................... 26 3. Financial & Corporate Stability of Offeror ................................................. 26 4. Pricing Schedule .......................................................................................... 27 5. Service Capability Plan................................................................................ 27 6. Describe What Differentiates Your Company from Competitors .............. 27 7. Campaign Contribution Disclosure Form ................................................... 27 8. Suspension & Debarment Requirement Form ............................................ 27 9. Resident Veterans Preference Certification Form....................................... 27 10. Conflict of Interest-Government Conduct Act............................................ 27 11. New Mexico Employees Health Coverage Form........................................ 27

VI. EVALUATION

A. EVALUATION POINT TABLE/SUMMARY ................................................... 28 B. EVALUATION FACTORS.................................................................................. 28 C. EVALUATION PROCESS .................................................................................. 31

APPENDICES:

A. Acknowledgement of Receipt Form ................................................................. 33 B. Cost Proposal..................................................................................................... 34 C. Scope of Work................................................................................................... 36 D. Sample Contract ................................................................................................ 53 E. Campaign Contribution Disclosure Form......................................................... 73 F. Suspension and Debarment Requirement ......................................................... 76 G. Resident Veterans Preference ........................................................................... 79 H. Conflict of Interest Affidavit............................................................................. 81 I. New Mexico Employees Health Coverage Form............................................. 83 J. Sample 21 Day Cycle Lunch Menus……………………………………....... 85 K. Minimum Food Specifications…………………………………………... ..... 89 L. State of New Mexico FSMC Application for Registration ............................ ..90

I. INTRODUCTION

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A. PURPOSE OF THIS REQUEST FOR PROPOSALS   High Plains Regional Education Cooperative #3 (HPREC), an agency of the State of New Mexico (NMSA 1978, 22-2B-3 Regional Education Cooperative Authorized) hereinafter termed “HPREC”, is soliciting Request for Proposals from qualified persons, firms and/or corporations, hereinafter termed “Contractors”, for local and national Contractors to provide food service management. The primary contract will be between the Contractor and HPREC, with subsidiary contracts between the Contractor and school districts referred to as a School Food Authority hereinafter termed “SFA”, as approved individually by the Student Nutrition Bureau of the New Mexico Public Education Department, hereinafter termed “PED”. Information necessary to submit a proposal is contained herein.

Below are minimum requirements of Contractors submitting proposals, the scope of services Contractor must provide, the requested information which Contractors submitting proposals must provide, the evaluation criteria to be used by HPREC in evaluating proposals, and other terms and conditions to be embodied in an agreement with the Contractor(s) whose proposal may be selected.

B. VISION

At High Plains Regional Education Cooperative #3, we envision a collaborative culture where people are valued and encouraged to grow professionally in a positive working environment, which fosters innovation in a progressive attempt to transform education and provide our clients with high quality, research-based educational opportunities to improve outcomes.

C. SCOPE OF WORK

See Appendix C for detailed Scope of Work. D. SCOPE OF PROCUREMENT

The scope of procurement shall encompass the defined Scope of Work (Appendix C). The contract is scheduled to begin on approximately July 1, 2014, for a term of one (1) year, ending June 30, 2015. The contract may be extended for up to two (2) additional one (1) year periods, or any portion thereof at the discretion of the HPREC, pursuant to funding availability and satisfactory service provision, as determined by the HPREC. In no circumstance shall the contract exceed a total of three (3) years in duration. This contract shall be available for use by all public agencies, including but not limited to: schools, charter schools, institutions of higher education, any/all federal departments and/or agencies, any/all state department and/or agencies, boards, commissions of any state, county, city or town, all municipal corporations, and any other political subdivision or any state, any non-profit agency of any state. Also, if authorized by their legislative or state governing bodies, Interlocal and/or Intergovernmental agreements may be issued.

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This procurement may result in a multi-source award. E. PROCUREMENT MANAGER

HPREC has designated Gary E. Gabriele as the primary contact and for the conduct of this procurement whose name, address and telephone numbers are listed below.

Gary E. Gabriele High Plains Regional Education Cooperative #3 101 North 2nd Street Raton, New Mexico 87740 Telephone: (575) 445-7090 Fax Number: (575) 445-7663 Email - ggabriele@hprec.com

All deliveries via express carrier (including proposal delivery) should be addressed as follows:

Gary E. Gabriele High Plains Regional Education Cooperative #3 101 North 2nd Street Raton, New Mexico 87740 Telephone: (575) 445-7090 Fax Number: (575) 445-7663 Email - ggabriele@hprec.com

Any inquiries or requests regarding this procurement should be submitted to the Procurement Manager in writing. Offerors may contact the Procurement Manager regarding the procurement. Other staff members do not have the authority to respond on behalf of HPREC.

F. DEFINITION OF TERMINOLOGY

This section contains definitions and abbreviations that are used throughout this procurement document.

"Agency" means the High Plains Regional Education Cooperative #3. “CFR means Code of Federal Regulations.

“Close of Business” means 5:00 PM Mountain Standard or Mountain Daylight Time, whichever is in effect on the date given.

"Contract" means a written agreement for the procurement of items of tangible personal

property or services. "Contractor" means a successful offeror who enters into a binding contract.

“CNP” means Child Nutrition Program.

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"Determination" means the written documentation of a decision by the Procurement

Manager including findings of fact supporting a decision. A determination becomes part of the procurement file.

"Desirable" The terms "may", "can", "should", "preferably", or "prefers" identify a

desirable or discretionary item or factor (as opposed to "mandatory”).. "Evaluation Committee" means a body appointed by the Agency management to perform

the evaluation of offeror proposals. "Evaluation Committee Report" means a document prepared by the Procurement Manager

and the Evaluation Committee for submission to the Procurement Manager for contract award. It contains all written determinations resulting from the procurement.

"Finalist" is defined as an offeror who meets all the mandatory specifications of this

Request for Proposals and whose score on evaluation factors is sufficiently high to merit further consideration by the Evaluation Committee.

"Mandatory" The terms "must", "shall", "will", "is required", or "are required", identify a

mandatory item or factor (as opposed to “desirable”). Failure to meet a mandatory item or factor will result in the rejection of the offeror's proposal.

"Multiple-Source Award" means an award of an indefinite quantity contract for one or more similar services to more than one Offeror. "Offeror" is any person, corporation, or partnership who chooses to submit a proposal.

“PED” means New Mexico Public Education Department. "Procurement Manager" means the person or designee authorized by the Agency to manage

or administer a procurement requiring the evaluation of competitive sealed proposals. "Request for Proposals" or "RFP" means all documents, including those attached or

incorporated by reference, used for soliciting proposals. "Responsible Offeror" means an offeror who submits a responsive proposal and who has

furnished, when required, information and data to prove that his financial resources, production or service facilities, personnel, service reputation and experience are adequate

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to make satisfactory delivery of the services or items of tangible personal property described in the proposal.

"Responsive Offer" or "Responsive Proposal" means an offer or proposal which conforms

in all material respects to the requirements set forth in the request for proposals. Material respects of a request for proposals include, but are not limited to, price, quality, quantity or delivery requirements.

“SFA” means school districts referred to as School Food Authority.

II. CONDITIONS GOVERNING THE PROCUREMENT This section of the RFP contains the schedule for the procurement, describes the major procurement events and the conditions governing the procurement. The Procurement Manager will make every effort to adhere the following schedule: A. SEQUENCE OF EVENTS The Procurement Manager will make every effort to adhere the following schedule: Action Responsibility Date 1. Issue of RFP Agency 04/07/2014 High Plains REC #3 2. Distribution List Response Potential Offerors 04/18/2014 3. Deadline to Submit Questions Potential Offerors 04/18/2014 4. Response to Written Agency 04/23/2014 Questions/RFP Amendments 5. Submission of Proposal Offeror 05/23/2014 6. Proposal Evaluation Evaluation Committee 05/30/2014 7. Finalize Contract Agency, Offeror 06/06/2014

8. Contract Award High Plains REC #3 06/06/2014

9. Protest Deadline Offeror 06/22/2014

B. EXPLANATION OF EVENTS

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The following paragraphs describe the activities listed in the sequence of events shown in

Section II, Paragraph A. 1. Issue of RFP

This RFP is being issued by the High Plains Regional Education Cooperative #3. In addition, New Mexico requires registration by all Food Service Management Companies (FSMCs) that do business with School Food Authorities (SFAs) in New Mexico (Appendix L). For School Year 2014-15, SFAs cannot contract with an unregistered FSMC. SFAs in a renewal year must ensure that their current FSMC is registered. Complete (Appendix L) and submit the application to the PED Student Nutrition Bureau. When your registration is complete, the School Nutrition Bureau will send you a Letter of Compliance that you will include when submitting a bid.

2. Distribution List Response Due Potential offerors should hand deliver or return by facsimile or by registered or

certified mail the "Acknowledgement of Receipt of Request for Proposals Form" that accompanies this document (Appendix A) to have their organization placed on the procurement distribution list. The form should be signed by an authorized representative of the organization, dated and returned by close of business on April 18, 2014.

The procurement distribution list will be used for the distribution of written

responses to questions and any RFP amendments. Failure to return this form shall constitute a presumption of receipt and rejection of

the RFP, and the potential offeror's organization name shall not appear on the distribution list.

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3. Deadline to Submit Written Questions Potential offerors may submit additional written questions as to the intent or clarity

of this RFP until close of business on April 18, 2014. All written questions must be submitted via e-mail to the Procurement Manager (See Section I, Paragraph E).

4. Response to Written Questions/RFP Amendments Written responses to written questions and any RFP amendments will be distributed

on April 23, 2014 via High Plains Regional Education Cooperative’s website to all potential offerors whose organization name appears on the procurement distribution list. An Acknowledgement of Receipt Form will accompany the distribution package. The form should be signed by the offeror's representative, dated, and hand-delivered or returned by facsimile or by registered or certified mail by the date indicated thereon. Failure to return this form shall constitute a presumption of receipt and withdrawal from the procurement process. Therefore, the offeror's organization name shall be deleted from the procurement distribution list.

Additional written requests for clarification of distributed answers and/or

amendments must be received by the Procurement Manager no later than two (2) days after the answers and/or amendments were issued.

5. Submission of Proposal

ALL OFFEROR PROPOSALS MUST BE RECEIVED FOR REVIEW AND EVALUATION BY THE PROCUREMENT MANAGER OR DESIGNEE NO LATER THAN 4:00 PM MOUNTAIN STANDARD TIME ON May 23, 2014. Proposals received after this deadline will not be accepted. The date and time of receipt will be recorded on each proposal. Proposals must be addressed and delivered to the Procurement Manager at the address listed in Section I, Paragraph E, which is as follows:

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Gary E. Gabriele High Plains Regional Education Cooperative #3

101 North 2nd Street Raton, New Mexico 87740 Telephone: (575) 445-7090 Fax Number: (575) 445-7663 Email - ggabriele@hprec.com

Proposals must be sealed and labeled on the outside of the package to clearly

indicate that they are in response to the Food Service Management Request for Proposals. Proposals submitted by facsimile or other electronic means will not be accepted.

A public log will be kept of the names of all offeror organizations that submitted

proposals. Pursuant to Section 131116 NMSA 1978, the contents of any proposal shall not be disclosed to competing offerors prior to contract award.

6. Proposal Evaluation The evaluation of proposals will be performed by an evaluation committee

appointed by Agency management. This process will take place May 30, 2014. During this time, the Procurement Manager may initiate discussions with offerors who submit responsive or potentially responsive proposals for the purpose of clarifying aspects of the proposals, but proposals may be accepted and evaluated without such discussion. Discussions SHALL NOT be initiated by the offerors.

7. Best and Final Offers Best and final offers shall be the offeror's original proposal. 8. Finalize Contract The contract will be finalized with the most advantageous offeror June 06, 2014. In

the event that mutually agreeable terms cannot be reached within the time specified, the Agency reserves the right to finalize a contract with the next most advantageous offeror without undertaking a new procurement process.

10. Contract Award

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After review of the Evaluation Committee Report, the recommendation of the

Agency management and the signed contract, the High Plains Regional Education Cooperative will award the contract on June 06, 2014. This date is subject to change at the discretion of High Plains Regional Education Cooperative. Paying the Contractor from the Child Nutrition Program (CNP) funds is prohibited until a contract is signed.

The contract shall be awarded to the offeror or offerors whose proposal is most advantageous, taking into consideration the evaluation factors set forth in the RFP. The most advantageous proposal may or may not have received the most points.

11. Protest Deadline

Any protest by an offeror must be timely and in conformance with Section 13-1-

172 NMSA 1978 and applicable procurement regulations. The fifteen (15) day protest period for responsive offerors shall begin on the day following the contract award and will end as of close of business on June 23, 2014. Protests must be written and must include the name and address of the protestor and the request for proposals number. It must also contain a statement of grounds for protest including appropriate supporting exhibits, and it must specify the ruling requested from High Plains Regional Education Cooperative. The protest must be delivered to the Procurement Manager:

Gary E. Gabriele, Procurement Manager Protests received after the deadline will not be accepted. III. GENERAL REQUIREMENTS This procurement will be conducted in accordance with the procurement regulations, 13-1-

1 thru 13-1-199 NMSA or 1.4.1 NMAC. 1. Acceptance of Conditions Governing the Procurement Offerors must indicate their acceptance of the Conditions Governing the

Procurement section in the letter of transmittal. Submission of a proposal constitutes acceptance of the Evaluation Process for this RFP.

2. Incurring Cost

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Any cost incurred by the offeror in preparation, transmittal, presentation of any

proposal or material submitted in response to this RFP shall be borne solely by the offeror.

3. Food Service Management Contractor’s Responsibility

Any contract that may result from this RFP shall specify that the prime Contractor is solely responsible for fulfillment of the contract with HPREC and SFA. Timely reports will be submitted to HPREC on the status of all services provided.

4. Sub-Contractors

Use of Sub-Contractors must be clearly explained in the proposal, and major Sub-Contractors must be identified by name. The prime Contractor shall be wholly responsible for the entire performance whether or not Sub-Contractors are used.

5. Amended Proposals An offeror may submit an amended proposal before the deadline for receipt of

proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the transmittal letter. HPREC personnel will not merge, collate, or assemble proposal materials.

6. Offerors' Rights to Withdraw Proposal

Offerors will be allowed to withdraw their proposals at any time prior to the deadline for receipt of proposals. The offeror must submit a written withdrawal request signed by the offeror's duly authorized representative addressed to the Procurement Manager. Electronic email will be accepted.

The approval or denial of withdrawal requests received after the deadline for receipt

of the proposals is governed by the applicable procurement regulations.

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7. Proposal Offer Firm

Responses to this RFP, including proposal prices, will be considered firm for ninety (90) days after the due date for receipt of proposals, or sixty (60) days after due date for the receipt of a best and final offer if one is solicited.

8. Disclosure of Proposal Contents The proposals will be kept confidential until a contract is awarded. At that time, all

proposals and documents pertaining to the proposals will be open to the public, except for the material that is proprietary or confidential. The Procurement Manager will not disclose or make public any pages of a proposal on which the offeror has stamped or imprinted "proprietary" or "confidential" subject to the following requirements.

Proprietary or confidential data shall be readily separable from the proposal in order

to facilitate eventual public inspection of the non-confidential portion of the proposal. Confidential data is normally restricted to confidential financial information concerning the offeror'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 offered 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 an offeror has made a

written request for confidentiality, the Procurement Manager shall examine the offeror's request and make a written determination that specifies which portions of the proposal should be disclosed. Unless the offeror takes legal action to prevent the disclosure, the proposal will be so disclosed. The proposal shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data.

9. No Obligation This procurement in no manner obligates the State of New Mexico or any of its

agencies to the use of any proposed professional services until a valid written contract is awarded and approved by the appropriate authorities.

10. Termination

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This RFP may be canceled at any time and any and all proposals may be rejected in

whole or in part when HPREC determines such action to be in the best interest of the State of New Mexico.

11. Sufficient Appropriation Any contract awarded as a result of this RFP process may be terminated if

sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the Contractor. HPREC's decision as to whether sufficient appropriations and authorizations are available will be accepted by the Contractor as final.

12. Legal Review HPREC requires that all offerors agree to be bound by the General Requirements

contained in this RFP. Any offeror concerns must be promptly brought to the attention of the Procurement Manager.

13. Governing Law The laws of the State of New Mexico shall govern this Agreement, without giving

effect to its choice of law provisions. Venue shall be proper only in a New

Mexico court of competent jurisdiction in accordance with Section 38-3-1 (G)

NMSA 1978. By execution of this Agreement, Contractor acknowledges and

agrees to the jurisdiction of the courts of the State of New Mexico over any and

all lawsuits arising under or out of any term of this Agreement.

14. Basis for Proposal

Only information supplied by HPREC in writing through the Procurement Manager or in this RFP should be used as the basis for the preparation of offeror proposals.

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15. Contract Terms and Conditions The contract between HPREC and a Contractor will follow the format specified by

HPREC (See Appendix C). However, HPREC reserves the right to negotiate with a successful offeror provisions in addition to those contained in this RFP. The contents of this RFP, as revised and/or supplemented, and the successful offeror's proposal will be incorporated into and become part of the contract.

Should an offeror object to any of HPREC's terms and conditions, as contained in this Section or in Appendix C, that offeror must propose specific alternative language. HPREC may or may not accept the alternative language. General references to the offeror's terms and conditions or attempts at complete substitutions are not acceptable to HPREC and will result in disqualification of the offeror's proposal.

Offerors must provide a brief discussion of the purpose and impact, if any, of each

proposed change followed by the specific proposed alternate wording. 16. Offeror's Terms and Conditions Offerors must submit with the proposal a complete set of any additional terms and

conditions which they expect to have included in a contract negotiated with HPREC.

17. Contract Deviations Any additional terms and conditions, which may be the subject of negotiation, will

be discussed only between HPREC and the selected offeror and shall not be deemed an opportunity to amend the offeror's proposal.

18. Offeror Qualifications The Procurement Manager may make such investigations as necessary to determine

the ability of the offeror to adhere to the requirements specified within this RFP. The Procurement Manager will reject the proposal of any offeror who is not a responsible offeror or fails to submit a responsive offer as defined in Sections 13183 and 13-1-85 NMSA 1978.

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19. Right to Waive Minor Irregularities

The Procurement Manager reserves the right to waive minor irregularities. The Procurement Manager also reserves the right to waive mandatory requirements provided that all of the otherwise responsive proposals failed to meet the mandatory requirements and/or doing so does not otherwise materially affect the procurement. This right is at the sole discretion of the Procurement Manager.

20. Change in Contractor Representatives

HPREC reserves the right to require a change in Contractor representatives if the assigned representatives are not, in the opinion of HPREC, meeting its needs adequately.

21. Notice The Procurement Code, Sections 13-1-28 through 13-1-199 NMSA 1978, imposes

civil and misdemeanor criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for bribes, gratuities and kickbacks.

22. Agency Rights HPREC reserves the right to accept all or a portion of an offeror's proposal. 23. Right to Publish

Throughout the duration of this procurement process and contract term, potential offerors, offerors and Contractors must secure from HPREC written approval prior to the release of any information that pertains to the potential work or activities covered by this procurement or the subsequent contract. Failure to adhere to this requirement may result in disqualification of the offeror's proposal or termination of the contract.

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24. Ownership of Proposals All documents submitted in response to this Request for Proposals shall become the

property of HPREC.

25. Confidentiality Any confidential information provided to, or developed by, the Contractor in the performance of the contract resulting from this RFP shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of HPREC. The Contractor(s) agree to protect the confidentiality of all confidential information and not to publish or disclose such information to any third party without the procuring Agency’s written permission.

26. Electronic mail address required

A large part of the communication regarding this procurement will be conducted by electronic mail (e-mail). Offeror must have a valid e-mail address to receive this correspondence.

27. Use of Electronic Versions of this RFP This RFP is being made available by electronic means. If accepted by such means,

the offeror acknowledges and accepts full responsibility to insure that no changes are made to the RFP. In the event of conflict between a version of the RFP in the offeror’s possession and the version maintained by the HPREC, the version maintained by the HPREC shall govern.

28. New Mexico Employees Health Coverage

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 (See APPENDIX I):

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a. 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, 2008 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed one million dollars or;

b. 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, 2009 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $500,000 dollars or

c. 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) declined health insurance due to other health insurance coverage already in place; or (c) declined 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, $500,000 or $1,000,000.

29. Administrative Participation Fee

Invoices for an administrative participation fee of 3% will be paid to

HPREC based on the total cost of each agreement for Food Service Management provided through the HPREC contract. 1% of the administrative fee will go back to each participating district. HPREC administrative fees are reinvested into New Mexico K-12 education. Failure to pay the administrative participation fees in a timely manner may result in the contract being in default and could result in the contract being suspended or terminated.

30. Suspension and Debarment Requirement

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The offeror shall certify, by signing the agreement attached hereto as Appendix E, which to the best of its knowledge and belief that the offeror and/or its Principals are not or have not been debarred, suspended, proposed for debarment or declared ineligible for the award of contracts by any Federal department or agency.

31. Preferences

Resident Business Preference: Pursuant to NMSA 1978 13-1-21, a Request for Proposal shall include a provision for Residential Business preference for those businesses that submit a valid resident business certificate issued by the revenue department pursuant to Section 13-1-22.

Resident Veteran Business Preference: Pursuant to NMSA 1978 13-1-21, a Request for Proposal shall include a provision for Residential Veteran Business preference for those businesses that submit a valid resident veteran business certificate issued by the taxation and revenue department pursuant to Section 13-1-22. Residential Contractor Preference: Pursuant to NMSA 1978 13-4-2, a

Request for Proposal shall include a provision for Residential Contractor preference for those Contractors that submit a valid Contractor business certificate issued by the taxation and revenue department pursuant to Section 13-1-22. Residential Veteran Contractor Preference: Pursuant to NMSA 1978 13-4-2, a Request for Proposal shall include a provision for Residential Veteran Contractor preference for those Contractors that submit a valid veteran Contractor business certificate issued by the taxation and revenue department pursuant to Section 13-1-22.

Pursuant to NMSA 1978 13-1-21, applicable preference will be awarded points to responding Offerors that submit a copy of a valid resident business certificate or valid Contractor certificate issued by the New Mexico Taxation and Revenue Department. For joint proposals submitted by both a resident and nonresident Offeror, preference will be applied to the percentage of work produced or performed by the resident firm.

32. Conflict of Interest; Governmental Conduct Act. The Offeror warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement. The Offeror certifies that the requirements of the Governmental Conduct Act, Sections 10-16-1 through 10-16-18, NMSA 1978, regarding contracting with a public officer or state employee or former state employee have been followed. See APPENDIX H.

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IV. RESPONSE FORMAT AND ORGANIZATION

A. NUMBER OF RESPONSES Offerors shall submit only one proposal. The Procurement Manager and/or a committee will review the proposals within five (5)

days after proposal deadline. B. NUMBER OF COPIES Offerors shall deliver three (3) identical copies of their proposal to the location specified in

Section I, Paragraph E, on or before the closing date and time for receipt of proposals. C. PROPOSAL FORMAT All proposals must be typewritten on standard 8 1/2 x 11 inch paper (larger paper is

permissible for charts, spreadsheets, etc.) and bound with tabs delineating each section. 1. Proposal Organization The proposal must be organized and indexed in the following format and must contain all listed items in the sequence indicated. a) Letter of Transmittal b) Table of Contents c) Proposal Summary d) Response to Mandatory Specifications e) Suspension and Debarment Form f) Campaign Contribution Form g) Conflict of Interest Affidavit h) New Mexico Employees Health Coverage Form i) Completed Unit Pricing Form j) Response to Agency Terms and Conditions k) Offeror's Additional Terms and Conditions l) Other Supporting Material

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Within each section of their proposal, offerors should address the items in the order in which they appear in this RFP. All forms provided in the RFP must be thoroughly completed and included in the appropriate section of the proposal.

Any proposal that does not adhere to these requirements may be deemed nonresponsive

and rejected on that basis. The proposal summary may be included by offerors to provide the Evaluation Committee

with an overview of the technical and business features of the proposal; however, this material will not be used in the evaluation process unless specifically referenced from other portions of the offeror's proposal.

Offerors may attach other materials that they feel may improve the quality of their

responses. However, these materials should be included as items in a separate appendix. 2. Minimum Requirements of Contractors Submitting Proposals

A. Contractors submitting proposals must have been engaged in the business of providing Food Service Management for a period of no less than five (5) years.

B. Contractors submitting proposals must provide sufficient comprehensive

general liability insurance to cover all costs, liabilities or claims arising out of and/or related to the rendering of services to HPREC and the SFA, including premises, products, contractual insurance, property damage, automobile, independent Contractors, and personal injury. Minimum coverage must include $1,000,000 bodily injury per person, $3,000,000 bodily injury per occurrence, and no loss to exceed $1,000,000 per occurrence. Contractor will provide Worker’s Compensation Insurance, Unemployment Insurance for all proposed Staff Persons employed by Contractor. (Provide above certificates of insurance to HPREC with your proposal).

C. Contractors submitting proposals must agree to indemnify and hold harmless the State of New Mexico, the Council of Superintendents of HPREC and its employees, from liability, costs, damages or claims of any kind arising out of services rendered by the Contractor.

D. Contractors submitting proposals must complete all requested information.

Failure to do so may result in disqualification of the Contractor submitting the proposal. Any inaccurate, misleading or untrue responses made to the information requested may likewise result in disqualification of the firm submitting the proposal. Contractor agrees, in submitting their proposal, to verification of the information contained in the proposal by whatever manner deemed necessary by HPREC.

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3. Letter of Transmittal Each proposal must be accompanied by a letter of transmittal. The letter of

transmittal MUST: A) Identify the submitting organization; B) Identify the name and title of the person authorized by the organization to

contractually obligate the organization; C) Identify the name, title and telephone number of the person authorized to

negotiate the contract on behalf of the organization; D) Identify the names, titles and telephone numbers of persons to be contacted

for clarification; E) Explicitly indicate acceptance of the General Requirements stated in Section

III; F) Be signed by the person authorized to contractually obligate the

organization; G) Acknowledge receipt of any and all amendments to this RFP. H) Indicate proposed areas included in Proposal:

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Proposal Areas Included in this Proposal (Check all that apply)

Program Areas Fixed Price Items

National School Lunch Program (NSLP)

School Breakfast Program (SBPP

After School Snack Program (ASSP-NSLP)

Fresh Fruit/Vegetable Program (FFVP)

Special Milk Program (SMP)

Summer Food Service Program (SFSP)

Seamless Summer Program (SSP-NSLP)

Child and Adult Care Food Program (CACFP)

A la Carte

Adult Meals

Catering/Special Event Meals

Contract Meals

Vending Machine Sales

Concessions

Authorized Signature ___________________________________ Printed Name _________________________________________

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V. SPECIFICATIONS A. Information

1. HPREC Resources

HPREC support does not relieve the Contractor of the responsibility for quality assurance testing and adherence to HPREC defined standards.

The Procurement Manager is the primary point of contact for all technical related items. This person will coordinate with HPREC personnel to provide support to the Contractor.

2. Work Performance

HPREC intends to establish annual contracts with highly qualified Contractors for Food Service Management. The Contractor shall provide appealing and nutritionally sound reimbursable meals according to the programs selected, increase participation at all program levels by improving food quality at the service point; upgrading equipment and facilities; seeking student and parent input; successful menu variation and planning; use of excellent marketing technique; and by providing a strong emphasis on public relations, provide a management staff and structure to ensure that the SFA food program is one of consistent top quality and of positive regard by students, staff, and the public, establish a formal structure to routinely and continuously gather input from food service employees to ensure the most effective and efficient operation possible, establish and conduct management and staff training programs that will ensure staff development, proper supervision, and consistent quality control, both in production and service, continue to operate a school food service program that is self-sufficient; does not require a subsidy from regular school funds; and that meets all USDA, Department of Health and New Mexico nutritional, health and environmental requirements. All work shall be performed in accordance with the requirements established in the resulting contract and each agreed upon work request and purchase order issued by a governmental agency. A contract will be established with standard specifications.

In cooperation and collaboration with the awarded Offeror, each SFA will individually decide if the food will be prepared on site or prepared off site and transported.

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B. Mandatory Specifications

1. Corporate Experience (200 points)

A. Offeror must submit a statement of relevant corporate experience. Include a copy of the Letter of Compliance from the PED Student Nutrition Bureau. The documentation must thoroughly describe how the offeror has supplied expertise for similar contracts and work related to Food Service Management. See evaluation factors.

B. State the number of years that your firm has been engaged in the business

of providing Food Service Management. List three (3) organizations and entities for whom you have provided services, and to whom you currently provide such service. The following information should be provided on each contract:

1. Customer name and location of contract 2. Start date and completion date 3. Names and phone numbers of major Sub-Contractors, if applicable 4. Name, Phone Number, address, Fax Number, E-mail address, and

position of primary point of contact (You may provide a secondary point-of-contact, if desired.)

C. State whether any judgments have been rendered against you or your firm

arising out of malpractice in the provision of Food Service Management arising out of violations of antitrust laws or arising out of violations of State or Federal Laws regulating construction. If so, describe such judgments in detail.

D. State whether, in the last 10 years, any judgments have been rendered

against you or your firm or against any of the agencies for whom you have provided Food Service Management in the area of negligence, malpractice or other tortuous activity. Only those judgments exceeding $25,000 are elicited. If there are any judgments of the kind described in this paragraph, describe those judgments.

E. State whether any suits of the type described in paragraphs C and D are

currently pending against you or your firm. If so, describe such pending lawsuits in detail.

F. State whether you or your firm is currently, or within the past two years,

has been under inquiry by any Federal or PED regarding compliance with laws and regulations governing construction.

G. State any particular knowledge you or your firm possesses concerning the

operation of regional education cooperatives and/or education service

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agencies, in particular, High Plains Regional Education Cooperative #3.

H. State whether any entity or other organization for which you have provided Food Service Management has terminated the services, and, if so, describe those activities.

I. State whether you or your firm is involved in significant business

activities other than the provision of Food Service Management, and, if so, describe those activities.

J. State whether any governmental authority has denied, suspended, or revoked any license or permits necessary to engage in the business of Food Service Management requested of your firm, and if so, describe the circumstances.

2. Corporate References (75 points)

Proposals must include a minimum of three (3) external client references from clients who received similar services. The minimum information that must be provided about each reference is:

a. Name of individual or company services were provided for b. Address of individual or company c. Name of contact person d. Telephone number of contact person e. Type of services provided and dates services were provided f. E-mail address

3. Financial and Corporate Stability of Offeror (100 points)

a. State the names of all owners, names of partners, if your firm is a partnership, or the names of the members of the board of directors and president, if your firm is a corporation. Also, specify the federal tax and State of New Mexico CRS identification numbers used by your firm.

b. State the number of years that the firm has been engaged in the business of providing Food Service Management. List the organization and entities in New Mexico for whom you have provided those services and for whom you currently provide such services. If you have not provided services in New Mexico, please provide a list of organizations or entities for which you have provided those services in other states.

c. State whether any of the owners, officers, members of the board of directors, partners if a partnership or managerial employees of the firm have been convicted of a felony. If so, state the name of the individual(s) so convicted and the name of that conviction.

d. State whether, in the last ten years, any judgments have been rendered against the firm.

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e. State whether any charges or suits of the type described in paragraph d. above are currently pending against the firm. If so, describe such pending charges or lawsuits in detail.

f. Describe in detail the, experience, competence, expertise and reliability the firm possesses with respect to Food Service Management.

g. State any limitations or restrictions for all of the above services requested.

h. Submit copies of the most recent years independently audited financial statements as well as financial statements for the preceding three years. Submission must include the audit opinion, balance sheet, statement of income, retained earnings, cash flows and notes to the financial statements. If independently audited financial statements are unavailable, please state the reason and, instead, submit sufficient information to assess the financial stability of the organization.

4. Pricing (400 points) Offerors must complete the Pricing listed in Appendix B. Gross receipts taxes must be shown separately on the invoice.

5. Service Capability Plan (125 points)

Offeror must describe and document the organization’s experience in planning, coordinating, implementing, and Food Service Management. See evaluation factors.

6. Describe what differentiates your company from competitors. (100 points) See evaluation factors.

7. Campaign Contribution Form (0 points)

8. Certification Regarding Debarment, Suspension, Proposed Debarment Form (0 points)

9. Resident Veterans Preference Certification Form (0 points) 10. Conflict of Interest Affidavit (0 points)

11. New Mexico Employees Health Coverage Form (0 points)

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VI. EVALUATION

A. Evaluation Point Summary

The following is a summary of evaluation factors with point value assigned to each. These, along with the general requirements, will be used in the evaluation of Offeror proposals.

FACTOR POINTS AVAILABLE

1. Corporate Experience 200 2. Corporate References 75 3. Financial and Corporate Stability 100 4. Pricing 400 5. Service Capability Plan 125 6. Describe What Differentiates Company 100 7. Campaign Contribution Disclosure Form 0

8. Certification Regarding Debarment Form 0 TOTAL 1,000 Preference GRAND TOTAL

B. Evaluation Factors

Points will be awarded on the basis of the following evaluation factors: 1. Corporate Experience (200 points)

The corporate experience of the offeror will be evaluated based upon documented experience on similar projects and engagements, including:

• The Letter of Compliance from the PED Student Nutrition Bureau. • The overall reputation of the offeror and business operations. • The quality of the offeror’s Food Service Management and other relevant services

ability to meet schedules, operate with a minimum of disruption, and adhere to a budget.

• The past relationship of the offeror with customers with particular emphasis on partnering, teamwork, communication, and cooperation.

• The offeror’s experience in working on governmental, school or other educational facilities

• The offeror’s experience in operating food service programs. Include the number of meal/meal equivalents served daily. Note any that operate the School Breakfast Program (SBP) and the National School Lunch Program (NSLP). • The offeror’s experience as managers and consultants of food service operations in

general and both traditional public schools and SFAs in particular.

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• The offeror’s personnel management philosophy, particularly regarding resident managers and their relationship to exiting staff.

• Training and development programs the offeror will provide for employees and management personnel. Include detailed budget for training.

• How the offeror attempts to improve employee morale and reduce turnover.

2. Corporate References (75 points)

Points for corporate references will be awarded based upon an evaluation of the offeror's work for previous clients receiving similar services to those proposed by the offeror for this contract.

Proposals must include a minimum of three (3) external client references from clients who received similar services. The minimum information that must be provided about each reference is:

• Name of individual or company services were provided for • Address of individual or company • Name of contact person • Telephone number of contact person • Type of services provided and dates services were provided • E-mail address

3. Financial and Corporate Stability (100 points)

4. Unit Pricing (400 Points)

Lowest Offeror’s Average Rate per Meal This Offeror's Average Rate per Meal X 400 = Award Points

5. Service Capability Plan (125 points)

Proposed personnel and methodology, including:

• Project Organization Chart and staffing approach • Position Descriptions and resumes of proposed organization • Provide definite goals/specific recommendations for improved current operations to include estimated increases in student participation and any changes to personnel and equipment.

• Provide with its proposal a transition plan, which shall indicate the activities, procedures, timetable, and support personnel involved in the implementation of services. • Describe the variety of menu offerings to be made available in your service plan and at what frequency.

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5. Describe what differentiates your company from competitors (100 points)

What differentiates the Offeror from competitors will be evaluated upon qualities that would add value to projects and potential clients, including but not limited to:

• Innovation: How the Offeror's food service program in the school would differ from current operations. Describe the benefits of the Offeror's proposed changes; How changes would be implemented. Include a staffing model, if different from current staffing; Describe how the Offeror would involve employees to use their expertise and experience in making future innovations; Describe how the Offeror would modify current company turnkey programs to meet the school's individual needs.

• Promotion of the School Food Service Program Describe the Offeror's philosophy regarding promotion (increasing awareness and participation) of the school food service program; Describe how the Offeror would implement this philosophy in schools. Give examples of the Offeror's efforts and results in schools; Provide documentation of efforts and results of promotions and SFA wellness policies in other schools; Describe how the Offeror supports Nutrition Awareness in the lunchroom and classroom.

• Involvement of Students, Staff and Patrons Give examples of the Offeror’s efforts and results regarding involvement of students, teachers, building administrators, and parents in program evaluation and selection of menus, discussion of nutritional issues, etc., including examples of surveys and how results/requests were responded to and what actions were taken.

6. Campaign Contribution Disclosure Form

Pass or Fail

Offeror must complete and sign the Campaign Contribution Form , Appendix E, whether any applicable contribution has been made or not. This form must be submitted with your proposal whether an applicable contribution has been made or not.

7. Suspension and Debarment Requirement

Pass or Fail

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Offeror must complete and sign the Certification Regarding Debarment Suspension, Proposed Debarment and Other Responsibility Matters Form, Appendix F.

8. Resident Business or Resident Veterans Preference Pass or Fail

Percent of preference will be determined by offerors that submit the correct documentation. Once RFP is totally scored the proper percent of preference will apply to those offerors that qualify. For example; an RFP has a total value of 1000 points. Five proposals are received; one from a resident business, one from a resident veterans business with an 8% preference and three non-resident businesses. The two preference businesses would receive 50 points for the resident preference and 80 points for the resident veterans preference added to their already evaluated score, making it possible for the highest score total 1080.

C. Evaluation Process

The evaluation process will follow the steps listed below:

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. The Procurement Manager may contact the offeror for clarification of the

response as specified in Section II, Paragraph B.6.

3. The Evaluation Committee may use other sources of information to perform the evaluation as specified in Section III, Paragraph 18.

4. Responsive proposals will be evaluated on the factors in Section VI that have been

assigned a point value. The responsible offerors with the highest scores will be selected as finalist offerors based upon the proposals submitted. Finalist offerors who are asked or choose 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 the Agency, taking into consideration the evaluation factors in Section VI, will be recommended for contract award as specified in Section II, Paragraph B.11. Please note, however,

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that a serious deficiency in the response to any one factor may be grounds for rejection regardless of overall score.

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APPENDIX A

Acknowledgement of Receipt of Request for Proposal Form

In acknowledgement of receipt of the Food Service Management Request for Proposal, the undersigned agrees that he/she has received a complete copy, beginning with the Title page and ending with the Application for Registration Form, for a total of 112 pages. The acknowledgement of the receipt should be signed and returned to the HPREC no later than April 18, 2014. Only potential offerors who elect to return this form will receive copies of all future communications, relating to, and including amendments to RFP #991-14-002, if issued. FIRM:_ REPRESENTED BY:TITLE: PHONE:FAX: EMAIL: ADDRESS: CITY: STATE: ZIP: SIGNATURE: DATE: This name and address will be used for all correspondence related to RFP #991-14-002. Firm does / does not (circle one) intend to respond Food Service Management RFP #991-14-002. If firm does not intend to reply, please give a brief reason for not responding:

Return to:

Gary E. Gabriele High Plains Regional Education Cooperative #3 101 North 2nd Street Raton, New Mexico 87740

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APPENDIX B

PRICING – INDEFINITE QUANTITY PRICE DECLARATION

1. Summary:

Fixed-Price Cost - the Contractor will be paid at a fixed rate per meal/lunch equivalent. The SFA must determine the existence of the proper pass-through value of the donated commodities; i.e., credits or reductions on the invoice in the month of utilization. The values are to be based on the values at the point the SFA receives the commodities from the Department of Human Services (DHS) and on the USDA commodity prices pertinent to the time period and shall include both the basic commodities allocation as well as any bonus commodities. Summary must be completed by all Offerors to summarize fixed price for Food Service Management. The fixed price must include all labor (including bonuses, if any) and expenses as shown below. They may not be charged back to the SFA in any other manner. Price includes:

a. Menu development specific to the operation, b. Nutrition materials and program expense, c. Design services specific to the operation, d. Education programs via assembly programs, schoolroom programs, parent/teacher meetings, and

school food advisory committee meeting, e. Personal representation, visitation, and coverage on a regular basis by a Contractor principle, f. All accounting costs, g. All payroll costs and documentation, h. Administrative dietetic, nutritional, sanitation, and personnel advice, i. All costs incurred in hiring and relocating, if necessary, the Contractor’s team, j. All training costs for Contractor employees, k. All travel costs for training for Contractor employees, l. All miscellaneous costs to operate the program, i.e., consumable marketing materials, m. Depreciation for major new marketing programs as negotiated and approved in writing by the

school principal in advance.

PER MEAL RATES AND FEES MUST BE QUOTED AS IF NO USDA DONATED FOOD WILL BE RECEIVED.

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PRICE PER MEAL

DESCRIPTION

PRICE PER

MEAL

1 – 100 Meals Served

101 – 500 Meals Served

501 – 750 Meals Served

751 – 1000 Meals Served

1001 – 1500 Meals Served

1501 & Over Meals Served

AVERAGE PRICE PER MEAL OFFERED

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APPENDIX C SCOPE OF WORK

A. High Plains Regional Educational Cooperative is seeking Food Service Management in which High Plains Regional Educational Cooperative #3 will act as the Lead Agency in facilitating contracts for such services. Purpose: The Contractor will operate in conformance with the SFA's Agreement with the New Mexico Public Education Department's, Student Nutrition Bureau. The programs the schools operate and want the Contractor to administer are indicated below.

National School Lunch Program (NSLP) Child and Adult Care Food Program (CACFP)

School Breakfast Program (SBP) A La Carte

After-School Snack Program (ASSP-NSLP) Adult Meals

Fresh Fruit/Vegetable Program (FFVP) Catering/Special Event Meals

Special Milk Program (SMP) Contract Meals

Summer Food Service Program (SFSP) Vending Machine Sales

Seamless Summer Program (SSP-NSLP) Concessions

a) The Contractor shall have the right to operate the above programs at the SFA.

b) The Contractor shall be an independent Contractor and not an employee of the SFA. The employees of the Contractor are not employees of the SFA.

c) The food service provided shall be operated and maintained as a benefit to the SFA's

students, faculty, and staff.

d) The SFA 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 PED and USDA regarding each of the CNP covered by this contract.

e) The SFA shall retain control of the CNP food service account and overall financial

responsibility for the CNP.

f) The SFA shall establish all selling prices, including price adjustments, for all reimbursable and non-reimbursable meals/milk and a la carte (including vending, adult meals, contract meals, and catering) prices. (Exception: Non-pricing programs need not establish a selling price for reimbursable meals/milk.)

g) The Contractor shall cooperate with the SFA in promoting nutrition education and coordinating the SFA's food service with classroom instruction.

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h) The Contractor shall comply with the rules, regulations, policies, and instructions of the

PED and USDA and any additions or amendments thereto, including USDA Regulation 7 CFR Parts 210, 220, 245, 250, 3016, 3018, and 3019; 7 CFR Part 215 (SMP), if applicable; 7 CFR 225 (SFSP), if applicable; and 7 CFR Part 226 (CACFP), if applicable, and all food nutrition services, instructions, policies, and guidance, if applicable.

i) Computation of Lunch Equivalency Rule and Lunch Equivalents. Lunch Equivalency Rate: The rate is the sum of the total reimbursement received for each lunch meal served and claimed.

j) The charge to the SFA for Contractor's fee is to be clearly identified in the proposal.

k) Payment Terms/Method: The Contractor shall invoice the SFA at the end of each month

for amounts due based on on-site records. The SFA shall make payment within 10 business days of the receipt of the invoice.

l) The Contractor shall make substitutions in the food items 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 nondisabled students who are unable to consume regular lunch because of medical or other special dietary needs. Substitutions other than MILK shall be made on a case-by-case basis when supported by a statement of the need for substitutes that includes recommended alternative foods. 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. Milk substitutions may be allowed when supported by a statement from a parent/guardian or medical authority, but only nondairy milk substitutes that meet the Nutrition Standards established by USDA may be used. According to the SFA's policy statement, the SFA chooses to make substitutions for fluid milk available. The SFA will make the final determination of the opening and closing dates of all SFSP sites, if applicable. Gifts from CONTRACTOR: The SFA's officers or agents shall neither solicit nor accept gratitude's, favors, nor anything of monetary value from Contractors nor potential Contractors. To the extent permissible under state law, rules, or regulations, such standards shall provide for appropriate penalties, sanctions, or other disciplinary actions to be applied for violations of such standards.

Signature Authority  

The SFA shall retain signature authority for the PED's application/agreement, free and reduced price policy statement, and the monthly claim for reimbursement. (Reference 7 CFR §210.16(a)(5)).

Free and Reduced-Price Meals Policy

 a. The SFA shall be responsible for the establishment and maintenance of the free and

reduced-price meals' eligibility roster.

b. The Contractor shall implement an accurate point of service count using the counting system submitted by the SFA in its application to participate in the Child Nutrition Program (CNP) and approved by the PED for the programs listed, as required under USDA regulations. Such a counting system must eliminate the potential for overt

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identification of free and reduced-price eligible students under USDA Regulation 7 CFR §245.8.

c. The SFA shall be responsible for the development and distribution of the parent letter

and Application for Free and Reduced-Price Meals and /or Free Milk and participating in Direct Certification. The SFA shall be responsible for the determination of eligibility for free or reduced-price meals and free milk in accordance with 7 CFR § 245.

The SFA shall be responsible for conducting any hearings related to determinations regarding eligibility for free or reduced-price meals and free milk, if applicable.

The SFA shall be responsible for verifying Applications for Free and Reduced-Price Meals as required by USDA Regulations. An employee of the Contractor may perform for the SFA in various legally delegable aspects of the application, certification, and verification process of eligibility for school meal programs at the discretion and request of the SFA. If the SFA allows this, the Contractor employee must comply with all requirements for these processes, including limited disclosure of individual eligibility information. However, the SFA is ultimately responsible for ensuring that all requirements are being met and that the information on the application remains the property of the SFA and cannot be used or possessed by the Contractor for any use other than to determine eligibility for free or reduced-price meals.

USDA Donated Foods

(a). Any USDA-donated foods received by the SFA and made available to the Contractor

must accrue solely to the benefit of the SFA’s nonprofit school food service and SFSP programs, if applicable, and shall be fully utilized herein.

(b). The SFA shall retain title to all USDA-donated foods.

(c). The Contractor shall accept liability for any negligence on its part that results in any loss

of, improper use of, or damage to USDA-donated foods.

(d). The Contractor shall accept and use USDA-donated foods in as large quantities as may be efficiently utilized in the SFA's nonprofit food service, subject to approval of the SFA. The SFA shall consult with the Contractor in the selection of commodities; however, the final determination as to the acceptance of commodities must be made by the SFA.

(e). In accordance with 7 CFR §250.51 (a), the Contractor must credit the SFA for the

value of all donated foods received for use in the SFA's meal service in the school year (including both entitlement and bonus foods). Such requirement includes crediting for the value of donated foods contained in processed end products if the Contractor's contract requires it to:

i. The Contractor shall procure commodity processed end products on behalf of the

SFA. The Contractor will ensure compliance with the requirements in Subpart C of 7 CFR §250 and with the provisions of the Department of Human Services (DHS)

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or SFA processing agreements and will ensure crediting of the SFA for the value of donated foods contained in such end products at the processing agreement value.

ii. The Contractor shall act as an intermediary in passing the donated food value in

commodity processed end products on to the FSA. The Contractor will ensure compliance with the requirements in Subpart C of 7 CFR §250 and with the provisions of the Department of Human Services (DHS) or SFA processing agreements and will ensure crediting of the SFA for the value of donated foods contained in such end products at the processing agreement value.

(f). In accordance with 7 CFR §250.51 (b), the SFA may permit crediting for the value of

donated foods through invoice reductions, refunds, discounts, or other means. However, all forms of crediting must provide clear documentation of the value received from the donated foods; e.g., by separate line item entries on invoices.

i. For Fixed-Price Contracts: The SFA may permit a Contractor to pre-credit for

donated foods. In pre-crediting, a deduction for the value of donated foods is included in the established fixed price per meal. However, the SFA must ensure that the Contractor provides an additional credit for any donated foods not accounted for in the fixed price per meal; i.e., for donated foods that are not made available until later in the year.

(g). In accordance with 7 CFR §210.51(c), the SFA must ensure that, in crediting it for the

value of donated foods, the Contractor uses the donated food values determined by DHS in accordance with 7 CFR §250.58(e). Negotiation of such values is not permitted. Additionally, the method of valuation must ensure that crediting may be achieved in accordance with Item (f) above quarterly.

(h). In accordance with 7 CFR §250.51(d), the Contractor must use all donated ground

beef, donated ground pork, and all processed end products in the SFA's food service and must use all other donated foods, or commercially purchased foods of the same generic identity, of United States origin and of equal or better quality than the donated foods in the SFA's food service

(i). The Contractor will not itself enter into the processing agreement with the processor as

required in Subpart D of 7 CFR §250.50.

(j). The Contractor will comply with the storage and inventory requirements for donated foods. The Contractor must meet the general requirement for the storage and inventory management of donated foods in 7 CFR §250.14(b). In accordance with 7 CFR §250.52(b), the Contractor may store and inventory donated foods together with foods it has purchased commercially for the SFA's use. If the Contractor is permitted to store and inventory such foods together with other commercially purchased foods, it may only do so to the extent that such a system ensures compliance with the requirements for the use of donated foods in 7 CFR §250.51 (d). In Cost Reimbursable Contracts: the Contractor must ensure its system of inventory management does not result in the SFA being charged for donated foods.

(k). DHS, a sub-distributing agency, or the SFA, the Comptroller General, USDA, or their

duly authorized representatives may perform on-site reviews of the Contractor's food

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service operation, including the review of records to ensure compliance with requirements for the management and use of donated foods.

(l). The Contractor and SFA must maintain records of receipt of donated foods and processed

end products, of crediting for the value of donated foods, and other records relating to donated foods, in accordance with 7 CFR §250.54.

i. The SFA must maintain the following records relating to the use of donated foods

in its contract with the Contractor: the donated foods and processed end products received and provided to the Contractor for use in the SFA's food service; documentation that the Contractor has credited it for the value of all donated foods received for use in the SFA's food service in the school year, including, in accordance with the requirements in 7 CFR §250.51(a), the value of donated foods contained in processed end products; and the actual donated food values used in crediting.

ii. The Contractor must maintain the following records relating to the use of donated

foods in its contract with the SFA: the donated foods and processed end products received from, or on behalf of, the SFA for use in the SFA's food service; and documentation that it has credited the SFA for the value of all donated foods received for use in the SFA's food service in the school year, including, in accordance with the requirements in 7 CFR §250.51(a), the value of donated foods contained in processed end products; and documentation of its procurement of processed end products on behalf of the SFA, if applicable.

iii. The SFA must ensure that the Contractor is in compliance with the requirements of 7

CFR §250 through its monitoring of the food service operation, as required in 7 CFR §210, §220, §225, or §226, as applicable. The SFA must also conduct a reconciliation at least annually (and upon termination of the contract) to ensure that the CONTRACTOR has credited it for the value of all donated foods received for use in the SFA's food service in the school year, including, in accordance with the requirements in7 CFR §250.51(a), the value of donated foods contained in processed end product.

(m). Extensions or renewals of the contract, if applicable, are contingent upon the fulfillment

of all contract provisions relating to donated foods.

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Health Certifications/Food Safety

(a). The SFA shall maintain all applicable health certification on its facilities and shall ensure

that all state and local regulations are being met by the Contractor preparing or serving meals at any SFA facility.

(b). The Contractor shall maintain state and/or local health certification for any facility

outside the SFA in which it proposes to prepare meals and shall maintain this health certification for the duration of the contract as required under USDA Regulations 7 CFR §210.16(c)(2).

(c). The Contractor shall adhere to the food safety program implemented by the SFA for all

preparation and service of school meals, using a Hazard Analysis and Critical Control Point (HACCAP) system as required under Public Law 108-265.

(d). The Contractor agrees to allow at least two health inspections to be conducted by the

Health Department at every site involved in school meal preparation and/or service as required by Public Law 108-265.

Meals

(a). The Contractor shall serve meals on such days and at such times as requested by the SFA.

(b). The SFA shall retain control of the quality, extent, and general nature of the food service.

(c). The Contractor shall offer free, reduced-price, and full-price reimbursable meals to all

eligible children participating in the programs.

(d). In order for the Contractor to offer a la carte food service, the Contractor must offer free, reduced price and full-price reimbursable meals to all eligible children.

(e). The Contractor shall provide meals that meet the menu-planning system option selected

below by the SFA: Traditional Food-Based Enhanced Food-Based Nutrient Standard Menu Planning

(f). The Contractor shall promote maximum participation in the CNP.

(g). Contractor shall provide the specified types of service in the schools/sites identified by the SFA.

(h). The Contractor shall sell on the premises only those foods and beverages authorized by

the SFA and only at the times and places designated by the SFA.

(i). No payment shall be made to the Contractor for meals that are spoiled or unwholesome at the time of delivery, do not meet detailed specifications as developed by the SFA for each

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food component in the meal pattern, or do not otherwise meet the requirements of the contract.

Books and Records

(a). The Contractor shall maintain such records (supported by invoices, receipts, or other evidence) as the SFA will need to meet monthly reporting responsibilities and shall submit monthly operating statements in a format approved by the SFA, including operating costs, meals, per labor hour, meals served, etc., 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. The SFA shall perform edit checks on the participation records provided by the FSMC prior to the preparation and submission of the claim for reimbursement.

(b). The Contractor shall maintain records for the SFA to support all allowable expenses

appearing on the monthly operating statement. These records shall be kept in an orderly fashion according to expense categories.

(c). The Contractor shall provide the SFA with a year-end statement.

(d). The SFA shall conduct an internal audit of food, labor, and other large expense items

quarterly as well as performing random audits on smaller expense categories.

(e). The SFA and the Contractor must provide all documents as necessary for the independent auditor to conduct the SFA's single audit.

(f). Books and records of the Contractor pertaining to the contract shall be made available,

upon demand, in an easily accessible manner for a period of five 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 to transcriptions by the SFA and/or any state or federal representatives and auditors. If audit findings regarding the FSMC records have not been resolved within the five year record retention period, the records must be retained beyond the five-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)(l0), and 7 CFR §3019.48(d))

(g). The Contractor shall not remove federally required records from the SFA premises

upon contract termination.

Employees

(a). The SFA must designate if Current SFA employees, including site and area managers as well as any other staff, will be retained by the SFA or be subject to employment by the Contractor.

(b). The Contractor shall provide the SFA with a schedule of employees, positions, assigned

locations, salaries, and hours to be worked as part of the proposal. Specific locations and assignments will be provided to the SFA two full calendar weeks prior to the commencement of operation.

(c). The SFA shall have final approval regarding the hiring of the Contractor's site manager.

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(d). The Contractor shall comply with all wage and hours of employment requirements of

federal and state laws. The Contractor shall be responsible for supervising and training personnel, including SFA-employed staff. Supervision activities include employee and labor relations, personnel development, and hiring and termination of Contractor management staff, except for the site manager. The Contractor shall also be responsible for the hiring and termination of non-management staff that are employees of the Contractor.

(e). The Contractor shall provide Workers' Compensation coverage for its employees.

(f). The Contractor shall instruct its employees to abide by the policies, rules, and

regulations with respect to use of the SFA's premises as established by the SFA and which are furnished in writing to the Contractor.

(g). The Contractor shall maintain its own personnel and fringe benefits policies for its

employees, subject to review by the SFA. Fringe benefits, as well as the basis for any salary increases, must be specified and approved by the SFA in order for these to be allowable costs. Salary increases must be based on the same criteria as that for management fee increases.

(h). Staffing patterns, except for the site manager, shall be mutually agreed upon.

(i). The Contractor shall not be allowed to hire employees in excess of the number

required for efficient operation.

(j). The SFA shall provide sanitary toilet and hand washing facilities for the employees of Contractor.

(k). The SFA may request in writing the removal of any employee of the contractor who

violates health requirements or conducts himself or herself in a manner that is detrimental to the well-being of the students, provided such request is not in violation of any federal, state, or local employment laws.

(l). In the event of the removal or suspension of any such employee, the Contractor shall

immediately restructure the food service staff without disruption of service.

(m). All SFA and/or Contractor personnel assigned to the food service operation in each school shall be instructed in the use of all emergency values, switches, and fire and safety devices in the kitchen and cafeteria areas.

Monitoring

(a). The SFA shall monitor the food service operation of the Contractor through periodic on-site visits to ensure that the food service operation is in conformance with the SFA's agreement to operate the program in accordance with USDA program regulations. (Reference 7 CFR §210.16.) Further, if there is more than one school site, there is an additional requirement that the SFA conduct on-site reviews of the counting and claiming system no later than February 1 of each year as required by 7 CFR §21 0.8 (a) (1 ).

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'

(b). The records necessary for the SFA to complete the required monitoring ac t iv i t i e s must be maintained by the Contractor under this contract and must be made available to the Auditor General, USDA, the P E D , H P R E C , and the SFA upon request for the purpose of auditing, examination, and review.

(c). The SFA, as an SFSP sponsor, if applicable, is responsible for conducting and

documenting the required SFSP site visits of all sites for pre-approval and during operation of the program.

Use of Advisory Group/Menus

(a). The SFA shall establish and the Contractor shall participate in the formation, establishment, and periodic meetings of the SFA advisory board composed of students, teachers, and parents to assist in menu planning. (Reference 7 CFR §210.16(a)(8)).

(b). The Contractor must comply with the 21-day menu cycle and specifications developed

by the SFA for the NSLP. See Appendix J, Sample 21 day Cycle Lunch Menus and Appendix K, Minimum Food Specifications. The Contractor must also comply with the menu cycle as specified by the SFA for the SBP and/or ASSP. Any changes made by the Contractor after the first initial menu cycle for the NSLP, SBP, and/or ASSP may be made only with the approval of the SFA. The SFA shall approve the menus no later than two weeks prior to service. (Reference 7 CFR §210.16(b)(1)).

(c). The Contractor must comply with school's local wellness policy. In addition, the

Contractor must comply with all state laws that affect school meal preparation and/or service.

Use of Facilities, Inventory, Equipment and Storage

(a). The SFA will make available, without any cost or charge to the Contractor, area(s) of the premises agreeable to both parties in which the Contractor shall render its services.

(b). The SFA may request of the Contractor additional food service programs as long as any

additional food service is not a substantive change to the contract. The SFA or requesting organization will be billed for the actual cost of food supplies, labor, and the Contractor's overhead and administrative expenses, if applicable, to provide such service. USDA commodities shall not be used for these special functions unless the SFA's students are the primary beneficiaries. The SFA reserves the right, as its sole discretion, to sell or dispense food or beverages, provided such use does not interfere with the operation of the CNP.

(c). The Contractor and the SFA shall inventory the equipment and commodities owned by

the SFA at the beginning of the school year, including (but not limited to) silverware, trays, chinaware, glassware, and/or kitchen utensils.

(d). The Contractor shall maintain the inventory of silverware, chinaware, kitchen utensils,

and other operating items necessary for the food service operation and at the inventory level as specified by the SFA.

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(e). The SFA will replace expendable equipment and replace, repair, and maintain nonexpendable equipment except when damages result from the use of less than reasonable care by the employees of the Contractor.

(f). The Contractor shall maintain adequate storage procedures, inventory, and control of

USDA-donated foods in conformance with the SFA's agreement with the PED.

(g). The Contractor shall provide the SFA with one set of keys for all food service areas secured with locks.

(h). The SFA shall provide the Contractor with local telephone service.

(i). The SFA shall furnish and install any equipment and/or make any structural changes

needed to comply with federal, state, or local laws, ordinances, rules, and regulations.

(j). The SFA shall be responsible for any losses, including USDA-donated foods, which may arise due to equipment malfunction or loss of electrical power not within the control of the Contractor.

(k). All food preparation and serving equipment owned by the SFA shall remain on the

premises of the SFA.

(l). The SFA shall not be responsible for the loss or damage to equipment owned by the Contractor and located on the SFA premises.

(m). The Contractor shall notify the SFA of any equipment belonging to the Contractor on

SFA premises within ten days of its placement on SFA premises.

(n). The SFA shall have access, with or without notice, to all of the SFA's facilities used by the Contractor for purposes of inspection and audit.

(o). The Contractor shall not use the SFA's facility to produce food, meals, or services for

other organizations without the approval of the SFA. If such usage is mutually acceptable, there shall be a signed agreement which stipulates the fees to be paid by the Contractor to the SFA.

(p). The SFA, on the termination or expiration of the contract, shall conduct a physical

inventory of all equipment and commodities owned by the SFA.

(q). The Contractor shall surrender to the SFA, upon termination of the contract, all equipment and furnishings in good repair and condition, reasonable wear and tear expected.

Purchases

(a). Fixed-Price Contracts: The Contractor will buy the beginning inventory, exclusive of commodities, from the SFA

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Allowable costs will be paid from the nonprofit school food service account to the Contractor net of all discounts, rebates, and other applicable credits accruing to or received by the Contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the SFA. (Reference 7 CFR §210.21(f)(1)(i)).

(b). SFA must indicate either a. or b. when completing a contract with the Contractor.

a. The Contractor must separately identify for each cost submitted for payment to

the SFA the amount of that cost that is allowable (can be paid from the nonprofit school food service account) and the amount that is unallowable (cannot be paid from the nonprofit school food service account.) (Reference 7 CFR §210.21(f)(1)(ii).

OR b. The Contractor must exclude all unallowable costs from its billing documents

and certify that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification. (Reference 7 CFR §210,41(f)(l)(ii)(B)).

(c). The Contractor's determination of its allowable costs must be made in compliance with

the applicable departmental and program regulations and Office of Management and Budget (OMB) cost circulars. The Contractor is required to demonstrate that the prices charged to the SFA for food, supplies, etc., are reasonable and necessary.

(d). The Contractor must identify the amount of each discount, rebate, and other applicable

credit on bills and invoices presented to the SFA for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. If approved by the PED, the SFA may permit the Contractor to report this information on a less frequent basis than monthly, but no less frequently than annually. (Reference 7 CFR §210.21(f)(l)(v)).

(e). The Contractor must identify the method by which it will report discounts, rebates, and

other applicable credits allocable to the contract that are not reported prior to conclusion of the contract.

(f). The Contractor must maintain documentation of costs and discounts, rebates, and other

applicable credits and must furnish such documentation upon request to the SFA, the PED, or USDA.

Sanitation

(a). The Contractor shall place garbage and trash in containers in designated areas as specified by the SFA.

(b). The SFA shall remove all garbage and trash from the designated areas.

(c). The Contractor shall clean the kitchen and dining room areas as indicated in SFA

contract.

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(d). The Contractor shall operate and care for all equipment and food service areas in a clear,

safe, and healthy condition in accordance with the standards acceptable to the SFA and comply with all applicable laws, ordinances, regulations, and rules of federal, state, and local authorities, including laws related to recycling.

(e). The SFA shall clean ducts and hoods above the filter line.

(f). The SFA shall provide extermination services as needed.

(g). The Contractor shall comply with all local and state sanitation requirements in the

preparation of food.

Licenses, Fees and Taxes

(a). The Contractor shall be responsible for paying all applicable taxes and fees, including (but not limited to) excise tax, state and local income tax, payroll and withholding taxes, for Contractor employees; the Contractor shall hold the SFA harmless for all claims arising from payment of such taxes and fees.

(b). The Contractor shall obtain and post all licenses and permits as required by federal,

state, and/or local law.

(c). The Contractor shall comply with all SFA building rules and regulations.

Non discrimination

Both the SFA and the FSMC agree that no child who participates in the NSLP, BP, SMP, ASSP, CACFP, SSP, or SFSP will be discriminated against on the basis of race, color, national origin, age, sex, or disability.

Emergency Closing

(a). The SFA shall notify the Contractor of any interruption in utility service of which it

has knowledge.

(b). The SFA shall notify the Contractor of any delay in the beginning of the school day or the closing of school(s) due to snow or other emergency situations.

Non-performance by Contractor

(a). In the event of the Contractor's nonperformance under this contract and/or the violation or breach of the contract terms, the SFA shall have the right to pursue all administrative, contractual, and legal remedies against the Contractor and shall have the right to seek all sanctions and penalties as may be appropriate.

(b). The Contractor shall pay the SFA the full amount of any meal over claims which are

attributable to the Contractor's negligence, including those over claims based on review or audit findings that occurred during the effective dates of original and renewal contracts.

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(c). In the event either party commits a material breach, the non-breaching party may

terminate this agreement for cause by giving 60 days written notice. If the breach is remedied prior to the proposed termination date, the non-breaching party may elect to continue this agreement.

Notwithstanding the breaching provision above, the SFA may terminate this contract for breach/neglect as determined by the SFA with written notification to the Contractor when considering such items as failure to maintain and enforce required standards of sanitation, failure to maintain proper insurance coverage as outlined by the contract, failure to provide required periodic information/statements, or failure to maintain quality of service at a level satisfactory to the SFA. The SFA is the responsible authority without recourse to the PED to the settlement and satisfaction of all contractual and administrative issues arising from the transaction. Such authority includes, but is not limited to, source evaluation, protests, disputes, claims, or other matters of contractual nature. Matters concerning violations of the law will be referred to local, state, or federal authority that has proper jurisdiction.

Certifications

(a). The Contractor shall comply with the mandatory standards and policies relating to

energy efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871.)

(b). The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and

Safety Standards Act (the Act), 40 U.S.C. §327-330, as supplemented by Department of Labor regulations, 29 CFR Chapter 5. Under Section I 03 of the Act, the Contractor shall be required to compute the wages of every laborer on the basis of a standard workday of eight hours and a standard workweek of 40 hours. Work in excess of the standard workday or standard workweek is permissible provided that the worker is compensated at a rate of not less than 1.5 times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or 40 hours in any workweek.

(c). The Contractor shall comply with, Executive Order 11375 entitled Equal Employment

Opportunity, and as supplemented in Department of Labor regulations 41 CFR Chapter 60.

(d). The Contractor shall comply with the following civil rights laws, as amended: Title VI of

the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1275; Title 7 CFR Parts 15, 15a, and 15b; the Americans With Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement Programs; Nutrition Programs and Activities..

(e). The Contractor shall comply with the Buy American provision for contracts that involve

the purchase of food, USDA Regulation 7 CFR Part 250.23.

(f). The Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency (EPA) regulations.

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Miscellaneous

(a). The Contractor shall comply with the provisions of these RFP specifications, which are hereby in all respects made a part of this contract.

(b). No provision of this contract shall be assigned or subcontracted without prior written

consent of the SFA.

(c). No waiver of any default shall be construed to be or constitute a waiver of any subsequent claim.

(d). Any silence, absence, or omission from the contract specifications concerning any point

shall be regarded as meaning that only the best commercial practices are to prevail and that only materials (e.g., food, supplies, etc.) and workmanship of a quality that would normally be specified by the SFA are to be used.

(e). Payments on any claim shall not preclude the SFA from making a claim for adjustment

on any item found not to have been in accordance with the provisions of this contract and bid specifications.

(f). The SFA shall be responsible for ensuring the resolution of program review and

audit findings.

Optional Requirements

(a). The SFA will not reimburse for reasonable cellular telephone expenses incurred by the Director for communications related to the contract. Reasonable expenses shall not include additional services such as paging, e-mail, or voice mail. If allowed, it must be charged as an expense by the Contractor.

(b). The SFA will reimburse for travel expenses for on-site Contractor staff only that are

allowable direct costs related to the contract and which are approved in advance. Reasonable expenses shall include mileage reimbursement, lodging (at the lowest available room rate), and reasonable meal expenses. Mileage, lodging, and meal expenses will be reimbursed at the same rate as received by SFA employees.

(c). The SFA will reimburse reasonable mileage expense of the Director for allowable local

travel related to the contract based on the same mileage rate as received by SFA employees.

(d). The Contractor may purchase nonexpendable equipment for the food service program,

upon written approval of the SFA. The Contractor shall be subject to the same procurement requirements to which the SFA is subject in any procurement action and may not serve as a vendor when procuring on behalf of the school food service. The SFA shall repay at the rate specified when the equipment was purchased, which sum shall be charged to the SFA as an Operating Expense of the food service program. Ownership of the investment will vest in the SFA upon full payment of the purchase price to the Contractor. Upon such payment, the Contractor shall deliver a Bill of Sale evidencing transfer of title to the equipment to the SFA. As per Circular A-87, approval by the PED of the equipment purchase is not necessary.

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If the Agreement expires or is terminated prior to the complete repayment of the investment, the SFA shall, on the expiration date, or within five days after receipt by either party of any notice of termination under this Agreement, either: (a) reimburse the Contractor the unpaid portion of the investment, (b) deliver the equipment or other items funded by the investment to the Contractor, or (c) lease purchase the equipment or other items funded by the investment from the Contractor and continue to pay the Contractor a monthly payment in the amount specified when the equipment was purchased until the balance of the investment is repaid. In this event, the SFA obligation under the Lease Purchase Agreement with the Contractor shall be subject to the SFA's ratification of the rental agreement for each ensuring fiscal year. Lease purchase the equipment or other items funded by the investment from the Contractor and continue to pay the Contractor a monthly payment in the amount specified when the equipment was purchased until the balance of the investment is repaid. In this event, the SFA's obligation under the Lease Purchase Agreement with the Contractor shall be subject to the SFA's ratification of the rental agreement for each ensuring fiscal year.

(e). Except as otherwise expressly provided in this contract, the Contractor will defend,

indemnify, and hold the SFA harmless from and against all claims, liability, loss and expense, including reasonable collection expenses, attorneys' fees and court costs that may rise because of the sole negligence, misconduct, or other fault of the Contractor, its agents or employees in the performance of its obligations under this contract, except to the extent any such claims or actions result from the negligence of the SFA, its employees or agents. This clause shall survive termination o f the Agreement.

(f). The SFA requires the Contractor to perform a security (background) check on any

Contractor employee that will be working at the SFA.

(g). Limitation on Nonperformance for Deficit Operations (Guarantee). The SFA and the Contractor shall work together to ensure a financially sound operation. If food service operations result in a deficit during the initial contract school year, the Contractor shall reimburse the SFA for the deficit. All Contractor assumptions used in calculating financial projections shall be clearly defined in the financial section of each proposal. Factors not clearly defined shall be the sole responsibility of the Contractor. If the contract is renewed, this condition shall apply to subsequent years. The Contractor cannot recover any deficits in subsequent years if contract is renewed.

(h). Assumptions. Financial terms of the Agreement are based upon existing conditions and

the following assumptions. If there is a material change in conditions, including, without limitations, changes to the following assumptions, the contract (l) may be terminated at the end of the current term or (2) continue under the same terms as written, whichever is mutually agreed upon.

• The SFA's policies, practices, and service requirements shall remain materially consistent throughout the contract term and any subsequent contract renewals. • Average daily attendance (ADA) for the initial contract year beginning July I shall equal or exceed prior year's ADA.

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• Legislation, regulations, and reimbursement rates that create changes in the school lunch program shall remain materially consistent throughout the year. • Usable commodities, of adequate quality and variety required for the menu cycle, valued at an amount as set forth by USDA per pattern meal for the contract year will continue to be available. • The government reimbursement rates in effect shall remain materially consistent throughout the year. • Meal components and quantities required by the National School Lunch Act (NSLA) or the NSLP remain consistent with prior years. • Service hours, service requirements, and type or number of facilities selling food and/or beverages on SFA's premises shall remain materially consistent throughout the year. • The state or federal minimum wage rate and taxes in effect shall remain materially consistent throughout the year. • SFA revenue credited to the food service program shall include all state and federal amounts received specifically for child nutrition operations. The term materially consistent shall mean that a change does not (1) materially increase the Contractors’ cost of providing management service or (2) materially decrease the net revenue derived from the food service operation.

B. This contract shall be available for use by all public agencies, including but not limited to: schools, charter schools and SFA’s.

C. It is the intent of HPREC to award the contract to the most qualified, responsible Offeror(s) as detailed in the Scope of Work, and with consideration of the potential costs for services. HPREC will negotiate with the Offeror(s) deemed most qualified to address the specific services to be provided, the time and order of services, staffing, areas of responsibility and proposed fee structure, including the amount and method of payment.

D. HPREC may remove any Contractor whose performance or conduct is not in accordance

with the standards of HPREC, or who fails to comply with the State of New Mexico’s and HPREC policies, rules, or regulations.

WORK BY THE AGENCY

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The agency reserves the right to undertake or award contracts for the performance of the same or similar type work as contemplated herein, and to do so will not breach or otherwise violate this Contract.

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APPENDIX D

SAMPLE CONTRACT

HIGH PLAINS REGIONAL EDUCATION COOPERATIVE #3 THIS AGREEMENT is made and entered into by and between the High Plains Regional Education Cooperative #3, hereinafter referred to as the "Agency" and_____________, hereinafter referred to as the "Contractor”. IT IS MUTUALLY AGREED BETWEEN THE PARTIES:

1. Scope of Work.

The Contractor shall perform the work outlined in the Scope of Work as follows: Contractor must provide:

The Contractor will operate in conformance with the SFA's Agreement with the New Mexico Public Education Department's, S tudent Nutrition Bureau. The programs the schools operate and want the Contractor to administer are indicated below.

National School Lunch Program (NSLP) Child and Adult Care Food Program (CACFP)

School Breakfast Program (SBP) A Ia Carte

After-School Snack Program (ASSP-NSLP) Adult Meals

Fresh Fruit/Vegetable Program (FFVP) Catering/Special Event Meals

Special Milk Program (SMP) Contract Meals

Summer Food Service Program (SFSP) Vending Machine Sales

Seamless Summer Program (SSP-NSLP) Concessions

a) The Contractor shall have the right to operate the above programs at the SFA.

b) The Contractor shall be an independent Contractor and not an employee of the SFA. The

employees of the Contractor are not employees of the SFA.

c) The food service provided shall be operated and maintained as a benefit to the SFA's students, faculty, and staff.

d) The SFA 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 PED and USDA regarding each of the CNP covered by this contract.

e) The SFA shall retain control of the CNP food service account and overall financial responsibility

for the CNP.

f) The SFA shall establish all selling prices, including price adjustments, for all reimbursable and non-reimbursable meals/milk and a la carte (including vending, adult meals, contract meals, and catering) prices. (Exception: Non-pricing programs need not establish a selling price for reimbursable meals/milk.)

g) The Contractor shall cooperate with the SFA in promoting nutrition education and coordinating the SFA 's food service with classroom instruction.

h) The Contractor shall comply with the rules, regulations, policies, and instructions of the PED and

USDA and any additions or amendments thereto, including USDA Regulation 7 CFR Parts 210, 220, 245, 250, 3016, 3018, and 3019; 7 CFR Part 215 (SMP), if applicable; 7 CFR 225 (SFSP), if applicable; and 7 CFR Part 226 (CACFP), if applicable, and all food nutrition services, instructions, policies, and guidance, if applicable.

i) Computation of Lunch Equivalency Rule and Lunch Equivalents.

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Lunch Equivalency Rate: The rate is the sum of the total reimbursement received for each lunch meal served and claimed.

j) The charge to the SFA for Contractor's fee is to be clearly identified in the proposal.

k) Payment Terms/Method: The Contractor shall invoice the SFA at the end of each month for

amounts due based on on-site records. The SFA shall make payment within 10 business days of the receipt of the invoice.

l) The Contractor shall make substitutions in the food items 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 nondisabled students who are unable to consume regular lunch because of medical or other special dietary needs. Substitutions other than MILK shall be made on a case-by-case basis when supported by a statement of the need for substitutes that includes recommended alternative foods. 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. Milk substitutions may be allowed when supported by a statement from a parent/guardian or medical authority, but only nondairy milk substitutes that meet the Nutrition Standards established by USDA may be used. According to the SFA's policy statement, the SFA chooses to make substitutions for fluid milk available. The SFA will make the final determination of the opening and closing dates of all SFSP sites, if applicable. Gifts from CONTRACTOR: The SFA's officers or agents shall neither solicit nor accept gratitude's, favors, nor anything of monetary value from Contractors nor potential Contractors. To the extent permissible under state law, rules, or regulations, such standards shall provide for appropriate penalties, sanctions, or other disciplinary actions to be applied for violations of such standards.

Signature Authority

The SFA shall retain signature authority for the PED's application/agreement, free and reduced price policy statement, and the monthly claim for reimbursement. (Reference 7 CFR §210.16(a)(5)).

Free and Reduced-Price Meals Policy

a. The SFA shall be responsible for the establishment and maintenance of

the free and reduced-price meals' eligibility roster.

b. The Contractor shall implement an accurate point of service count using the counting system submitted by the SFA in its application to participate in the Child Nutrition Program (CNP) and approved by the PED for the programs listed, as required under USDA regulations. Such a counting system must eliminate the potential for overt identification of free and reduced-price eligible students under USDA Regulation 7 CFR §245.8.

c. The SFA shall be responsible for the development and distribution of the parent letter and

Application for Free and Reduced-Price Meals and /or Free Milk and participating in Direct Certification. The SFA shall be responsible for the determination of eligibility for free or reduced-price meals and free milk in accordance with 7 CFR § 245.

The SFA shall be responsible for conducting any hearings related to determinations regarding eligibility for free or reduced-price meals and free milk, if applicable.

The SFA shall be responsible for verifying Applications for Free and Reduced-Price Meals as required by USDA Regulations. An employee of the Contractor may perform for the SFA in various legally delegable aspects of the application, certification, and verification process of eligibility for school meal programs at the discretion and request of the SFA. If the SFA allows this, the Contractor employee must comply with all requirements for these processes, including limited disclosure of individual eligibility information. However, the SFA is ultimately responsible for ensuring that all requirements are being met and that the information on the application remains the property of the SFA and cannot be used or possessed by the Contractor for any use other than to determine eligibility for free or reduced-price meals.

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USDA Donated Foods

(a). Any USDA-donated foods received by the SFA and made available to the Contractor must accrue

solely to the benefit of the SFA’s nonprofit school food service and SFSP programs, if applicable, and shall be fully utilized herein.

(b). The SFA shall retain title to all USDA-donated foods.

(c). The Contractor shall accept liability for any negligence on its part that results in any loss of,

improper use of, or damage to USDA-donated foods.

(d). The Contractor shall accept and use USDA-donated foods in as large quantities as may be efficiently utilized in the SFA's nonprofit food service, subject to approval of the SFA. The SFA shall consult with the Contractor in the selection of commodities; however, the final determination as to the acceptance of commodities must be made by the SFA.

(e). In accordance with 7 CFR §250.51 (a), the Contractor must credit the SFA for the value of all

donated foods received for use in the SFA's meal service in the school year (including both entitlement and bonus foods). Such requirement includes crediting for the value of donated foods contained in processed end products if the Contractor's contract requires it to:

iii. The Contractor shall procure commodity processed end products on behalf of the SFA. The

Contractor will ensure compliance with the requirements in Subpart C of 7 CFR §250 and with the provisions of the Department of Human Services (DHS) or SFA processing agreements and will ensure crediting of the SFA for the value of donated foods contained in such end products at the processing agreement value.

iv. The Contractor shall act as an intermediary in passing the donated food value in commodity

processed end products on to the FSA. The Contractor will ensure compliance with the requirements in Subpart C of 7 CFR §250 and with the provisions of the Department of Human Services (DHS) or SFA processing agreements and will ensure crediting of the SFA for the value of donated foods contained in such end products at the processing agreement value.

(f). In accordance with 7 CFR §250.51 (b), the SFA may permit crediting for the value of donated foods

through invoice reductions, refunds, discounts, or other means. However, all forms of crediting must provide clear documentation of the value received from the donated foods; e.g., by separate line item entries on invoices.

ii. For Fixed-Price Contracts: The SFA may permit a Contractor to pre-credit for donated foods. In

pre-crediting, a deduction for the value of donated foods is included in the established fixed price per meal. However, the SFA must ensure that the Contractor provides an additional credit for any donated foods not accounted for in the fixed price per meal; i.e., for donated foods that are not made available until later in the year.

(g). In accordance with 7 CFR §210.51(c), the SFA must ensure that, in crediting it for the value of

donated foods, the Contractor uses the donated food values determined by DHS in accordance with 7 CFR §250.58(e). Negotiation of such values is not permitted. Additionally, the method of valuation must ensure that crediting may be achieved in accordance with Item (f) above quarterly.

(h). In accordance with 7 CFR §250.51(d), the Contractor must use all donated ground beef,

donated ground pork, and all processed end products in the SFA's food service and must use all other donated foods, or commercially purchased foods of the same generic identity, of United States origin and of equal or better quality than the donated foods in the SFA's food service

(i). The Contractor will not itself enter into the processing agreement with the processor as required in

Subpart D of 7 CFR §250.50.

(j). The Contractor will comply with the storage and inventory requirements for donated foods. The Contractor must meet the general requirement for the storage and inventory management of

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donated foods in 7 CFR §250.14(b). In accordance with 7 CFR §250.52(b), the Contractor may store and inventory donated foods together with foods it has purchased commercially for the SFA's use. If the Contractor is permitted to store and inventory such foods together with other commercially purchased foods, it may only do so to the extent that such a system ensures compliance with the requirements for the use of donated foods in 7 CFR §250.51 (d). In Cost Reimbursable Contracts: the Contractor must ensure its system of inventory management does not result in the SFA being charged for donated foods.

(k). DHS, a sub-distributing agency, or the SFA, the Comptroller General, USDA, or their duly

authorized representatives may perform on-site reviews of the Contractor's food service operation, including the review of records, to ensure compliance with requirements for the management and use of donated foods.

(l). The Contractor and SFA must maintain records of receipt of donated foods and processed end

products, of crediting for the value of donated foods, and other records relating to donated foods, in accordance with 7 CFR §250.54.

iii. The SFA must maintain the following records relating to the use of donated foods in its

contract with the Contractor: the donated foods and processed end products received and provided to the Contractor for use in the SFA's food service; documentation that the Contractor has credited it for the value of all donated foods received for use in the SFA's food service in the school year, including, in accordance with the requirements in 7 CFR §250.51(a), the value of donated foods contained in processed end products; and the actual donated food values used in crediting.

iv. The Contractor must maintain the following records relating to the use of donated foods in its

contract with the SFA: the donated foods and processed end products received from, or on behalf of, the SFA for use in the SFA's food service; and documentation that it has credited the SFA for the value of all donated foods received for use in the SFA's food service in the school year, including, in accordance with the requirements in 7 CFR §250.51(a), the value of donated foods contained in processed end products; and documentation of its procurement of processed end products on behalf of the SFA, if applicable.

iv. The SFA must ensure that the Contractor is in compliance with the requirements of 7 CFR

§250 through its monitoring of the food service operation, as required in 7 CFR §210, §220, §225, or §226, as applicable. The SFA must also conduct a reconciliation at least annually (and upon termination of the contract) to ensure that the Contractor has credited it for the value of all donated foods received for use in the SFA's food service in the school year, including, in accordance with the requirements in7 CFR §250.51(a), the value of donated foods contained in processed end product.

(m). Extensions or renewals of the contract, if applicable, are contingent upon the fulfillment of all

contract provisions relating to donated foods.

Health Certifications/Food Safety

(a). The SFA shall maintain all applicable health certification on its facilities and shall ensure that all

state and local regulations are being met by the Contractor preparing or serving meals at any SFA facility.

(b). The Contractor shall maintain state and/or local health certification for any facility outside the SFA

in which it proposes to prepare meals and shall maintain this health certification for the duration of the contract as required under USDA Regulations 7 CFR §210.16(c)(2).

(c). The Contractor shall adhere to the food safety program implemented by the SFA for all preparation

and service of school meals, using a Hazard Analysis and Critical Control Point (HACCAP) system as required under Public Law 108-265.

(d). The Contractor agrees to allow at least two health inspections to be conducted by the Health

Department at every site involved in school meal preparation and/or service as required by Public Law 108-265.

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Meals

(a). The Contractor shall serve meals on such days and at such times as requested by the SFA.

(b). The SFA shall retain control of the quality, extent, and general nature of the food service.

(c). The Contractor shall offer free, reduced-price, and full-price reimbursable meals to all eligible

children participating in the programs.

(d). In order for the Contractor to offer a la carte food service, the Contractor must offer free, reduced price and full-price reimbursable meals to all eligible children.

(e). The Contractor shall provide meals that meet the menu-planning system option selected below by

the SFA: Traditional Food-Based Enhanced Food-Based Nutrient Standard Menu Planning

(f). The Contractor shall promote maximum participation in the CNP.

(g). Contractor shall provide the specified types of service in the schools/sites identified by the SFA.

(h). The Contractor shall sell on the premises only those foods and beverages authorized by the SFA and only at the times and places designated by the SFA.

(i). No payment shall be made to the Contractor for meals that are spoiled or unwholesome at the time

of delivery, do not meet detailed specifications as developed by the SFA for each food component in the meal pattern, or do not otherwise meet the requirements of the contract.

Books and Records

(a). The Contractor shall maintain such records (supported by invoices, receipts, or other evidence) as the SFA will need to meet monthly reporting responsibilities and shall submit monthly operating statements in a format approved by the SFA, including operating costs, meals, per labor hour, meals served, etc., 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. The SFA shall perform edit checks on the participation records provided by the FSMC prior to the preparation and submission of the claim for reimbursement.

(b). The Contractor shall maintain records for the SFA to support all allowable expenses appearing on

the monthly operating statement. These records shall be kept in an orderly fashion according to expense categories.

(c). The Contractor shall provide the SFA with a year-end statement.

(d). The SFA shall conduct an internal audit of food, labor, and other large expense items quarterly

as well as performing random audits on smaller expense categories.

(e). The SFA and the Contractor must provide all documents as necessary for the independent auditor to conduct the SFA's single audit.

(f). Books and records of the Contractor pertaining to the contract shall be made available, upon

demand, in an easily accessible manner for a period of five 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 to transcriptions by the SFA and/or any state or federal representatives and auditors. If audit findings regarding the Contractors’ records have not been resolved within the five year record retention period, the records must be retained beyond the five-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)(l0), and 7 CFR §3019.48(d))

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(g). The Contractor shall not remove federally required records from the SFA premises upon contract termination.

Employees

(a). The SFA must designate if CURRENT SFA employees, including site and area managers as well as any other staff, will be retained by the SFA or be subject to employment by the Contractor.

(b). The Contractor shall provide the SFA with a schedule of employees, positions, assigned locations,

salaries, and hours to be worked as part of the proposal. Specific locations and assignments will be provided to the SFA two full calendar weeks prior to the commencement of operation.

(c). The SFA shall have final approval regarding the hiring of the Contractor's site manager.

(d). The Contractor shall comply with all wage and hours of employment requirements of federal

and state laws. The Contractor shall be responsible for supervising and training personnel, including SFA-employed staff. Supervision activities include employee and labor relations, personnel development, and hiring and termination of Contractor management staff, except for the site manager. The Contractor shall also be responsible for the hiring and termination of non-management staff that are employees of the Contractor.

(e). The Contractor shall provide Workers' Compensation coverage for its employees.

(f). The Contractor shall instruct its employees to abide by the policies, rules, and regulations with

respect to use of the SFA's premises as established by the SFA and which are furnished in writing to the Contractor.

(g). The Contractor shall maintain its own personnel and fringe benefits policies for its employees,

subject to review by the SFA. Fringe benefits, as well as the basis for any salary increases, must be specified and approved by the SFA in order for these to be allowable costs. Salary increases must be based on the same criteria as that for management fee increases.

(h). Staffing patterns, except for the site manager, shall be mutually agreed upon.

(i). The Contractor shall not be allowed to hire employees in excess of the number required for

efficient operation.

(j). The SFA shall provide sanitary toilet and hand washing facilities for the employees of Contractor.

(k). The SFA may request in writing the removal of any employee of the contractor who violates

health requirements or conducts himself or herself in a manner that is detrimental to the well-being of the students, provided such request is not in violation of any federal, state, or local employment laws.

(l). In the event of the removal or suspension of any such employee, the Contractor shall

immediately restructure the food service staff without disruption of service.

(m). All SFA and/or Contractor personnel assigned to the food service operation in each school shall be instructed in the use of all emergency values, switches, and fire and safety devices in the kitchen and cafeteria areas.

Monitoring

(a). The SFA shall monitor the food service operation of the Contractor through periodic on-site visits to ensure that the food service operation is in conformance with the SFA's agreement to operate the program in accordance with USDA program regulations. (Reference 7 CFR §210.16.) Further, if there is more than one school site, there is an additional requirement that the SFA conduct on-site reviews of the counting and claiming system no later than February 1 of each year as required by 7 CFR §21 0.8 (a) (1 ).

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'

(b). The records necessary for the SFA to complete the required monitoring a c t i v i t i e s must be maintained by the Contractor under this contract and must be made available to the Auditor General, USDA, the P E D , H P R E C , and the SFA upon request for the purpose of auditing, examination, and review.

(c). The SFA, as an SFSP sponsor, if applicable, is responsible for conducting and documenting

the required SFSP site visits of all sites for pre-approval and during operation of the program.

Use of Advisory Group/Menus

(a). The SFA shall establish and the Contractor shall participate in the formation, establishment, and periodic meetings of the SFA advisory board composed of students, teachers, and parents to assist in menu planning. (Reference 7 CFR §210.16(a)(8)).

(b). The Contractor must comply with the 21-day menu cycle and minimum food specifications

developed by the SFA for the NSLP. The Contractor must also comply with the menu cycle as specified by the SFA for the SBP and/or ASSP. Any changes made by the Contractor after the first initial menu cycle for the NSLP, SBP, and/or ASSP may be made only with the approval of the SFA. The SFA shall approve the menus no later than two weeks prior to service. (Reference 7 CFR §210.16(b)(1)).

(c). The Contractor must comply with school's local wellness policy. In addition, the Contractor must

comply with all state laws that affect school meal preparation and/or service.

Use of Facilities, Inventory, Equipment and Storage

(a). The SFA will make available, without any cost or charge to the Contractor, area(s) of the premises agreeable to both parties in which the Contractor shall render its services.

(b). The SFA may request of the Contractor additional food service programs as long as any additional

food service is not a substantive change to the contract. The SFA or requesting organization will be billed for the actual cost of food supplies, labor, and the Contractor's overhead and administrative expenses, if applicable, to provide such service. USDA commodities shall not be used for these special functions unless the SFA's students are the primary beneficiaries. The SFA reserves the right, as its sole discretion, to sell or dispense food or beverages, provided such use does not interfere with the operation of the CNP.

(c). The Contractor and the SFA shall inventory the equipment and commodities owned by the SFA at

the beginning of the school year, including (but not limited to) silverware, trays, chinaware, glassware, and/or kitchen utensils.

(d). The Contractor shall maintain the inventory of silverware, chinaware, kitchen utensils, and other

operating items necessary for the food service operation and at the inventory level as specified by the SFA.

(e). The SFA will replace expendable equipment and replace, repair, and maintain nonexpendable

equipment except when damages result from the use of less than reasonable care by the employees of the Contractor.

(f). The Contractor shall maintain adequate storage procedures, inventory, and control of USDA-

donated foods in conformance with the SFA's agreement with the PED. (g). The Contractor shall provide the SFA with one set of keys for all food service areas secured with

locks.

(h). The SFA shall provide the Contractor with local telephone service.

(i). The SFA shall furnish and install any equipment and/or make any structural changes needed to comply with federal, state, or local laws, ordinances, rules, and regulations.

(j). The SFA shall be responsible for any losses, including USDA-donated foods, which may arise due to equipment malfunction or loss of electrical power not within the control of the Contractor.

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(k). All food preparation and serving equipment owned by the SFA shall remain on the premises of the SFA.

(l). The SFA shall not be responsible for the loss or damage to equipment owned by the Contractor

and located on the SFA premises.

(m). The Contractor shall notify the SFA of any equipment belonging to the Contractor on SFA premises within ten days of its placement on SFA premises.

(n). The SFA shall have access, with or without notice, to all of the SFA's facilities used by the

Contractor for purposes of inspection and audit.

(o). The Contractor shall not use the SFA's facility to produce food, meals, or services for other organizations without the approval of the SFA. If such usage is mutually acceptable, there shall be a signed agreement which stipulates the fees to be paid by the Contractor to the SFA

(p). The SFA, on the termination or expiration of the contract, shall conduct a physical inventory of all

equipment and commodities owned by the SFA.

(q). The Contractor shall surrender to the SFA, upon termination of the contract, all equipment and furnishings in good repair and condition, reasonable wear and tear expected.

Purchases

(a). Fixed-Price Contracts: The Contractor will buy the beginning inventory, exclusive of commodities, from the SFA

Allowable costs will be paid from the nonprofit school food service account to the Contractor net of all discounts, rebates, and other applicable credits accruing to or received by the Contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the SFA. (Reference 7 CFR §210.21(f)(1)(i)).

(b). SFA must indicate either a. or b. when completing a contract with the Contractor.

a. The Contractor must separately identify for each cost submitted for payment to the SFA

the amount of that cost that is allowable (can be paid from the nonprofit school food service account) and the amount that is unallowable (cannot be paid from the nonprofit school food service account.) (Reference 7 CFR §210.21(f)(1)(ii).

OR b. The Contractor must exclude all unallowable costs from it billing documents and certify

that only allowable costs are submitted for payment and records have been established that maintain the visibility of unallowable costs, including directly associated costs in a manner suitable for contract cost determination and verification. (Reference 7 CFR §210,41(f)(l)(ii)(B)).

(c). The Contractor's determination of its allowable costs must be made in compliance with the

applicable departmental and program regulations and Office of Management and Budget (OMB) cost circulars. The Contractor is required to demonstrate that the prices charged to the SFA for food, supplies, etc., are reasonable and necessary.

(d). The Contractor must identify the amount of each discount, rebate, and other applicable credit on

bills and invoices presented to the SFA for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. If approved by the PED, the SFA may permit the Contractor to report this information on a less frequent basis than monthly, but no less frequently than annually. (Reference 7 CFR §210.21(f)(l)(v)).

(e). The Contractor must identify the method by which it will report discounts, rebates, and other

applicable credits allocable to the contract that are not reported prior to conclusion of the contract.

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(f). The Contractor must maintain documentation of costs and discounts, rebates, and other

applicable credits and must furnish such documentation upon request to the SFA, the PED, or USDA.

Sanitation

(a). The Contractor shall place garbage and trash in containers in designated areas as specified by the SFA.

(b). The SFA shall remove all garbage and trash from the designated areas.

(c). The Contractor shall clean the kitchen and dining room areas as indicated in SFA contract.

(d). The Contractor shall operate and care for all equipment and food service areas in a clear, safe, and

healthy condition in accordance with the standards acceptable to the SFA and comply with all applicable laws, ordinances, regulations, and rules of federal, state, and local authorities, including laws related to recycling.

(e). The SFA shall clean ducts and hoods above the filter line.

(f). The SFA shall provide extermination services as needed.

(g). The Contractor shall comply with all local and state sanitation requirements in the preparation of

food.

Licenses, Fees and Taxes

(a). The Contractor shall be responsible for paying all applicable taxes and fees, including (but not limited to) excise tax, state and local income tax, payroll and withholding taxes, for Contractor employees; the Contractor shall hold the SFA harmless for all claims arising from payment of such taxes and fees.

(b). The Contractor shall obtain and post all licenses and permits as required by federal, state, and/or

local law.

(c). The Contractor shall comply with all SFA building rules and regulations.

Non discrimination

Both the SFA and the FSMC agree that no child who participates in the NSLP, BP, SMP, ASSP, CACFP, SSP, or SFSP will be discriminated against on the basis of race, color, national origin, age, sex, or disability.

Emergency Closing

(a). The SFA shall notify the Contractor of any interruption in utility service of which it has

knowledge.

(b). The SFA shall notify the Contractor of any delay in the beginning of the school day or the closing of school(s) due to snow or other emergency situations.

Non-performance by Contractor

(a). In the event of the Contractor's nonperformance under this contract and/or the violation or breach of the contract terms, the SFA shall have the right to pursue all administrative, contractual, and legal remedies against the Contractor and shall have the right to seek all sanctions and penalties as may be appropriate.

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(b). The Contractor shall pay the SFA the full amount of any meal over claims which are attributable to the Contractor's negligence, including those over claims based on review or audit findings that occurred during the effective dates of original and renewal contracts.

(c). In the event either party commits a material breach, the non-breaching party may terminate this

agreement for cause by giving 60 days written notice. If the breach is remedied prior to the proposed termination date, the non-breaching party may elect to continue this agreement.

Notwithstanding the breaching provision above, the SFA may terminate this contract for breach/neglect as determined by the SFA with written notification to the Contractor when considering such items as failure to maintain and enforce required standards of sanitation, failure to maintain proper insurance coverage as outlined by the contract, failure to provide required periodic information/statements, or failure to maintain quality of service at a level satisfactory to the SFA. The SFA is the responsible authority without recourse to the PED to the settlement and satisfaction of all contractual and administrative issues arising from the transaction. Such authority includes, but is not limited to, source evaluation, protests, disputes, claims, or other matters of contractual nature. Matters concerning violations of the law will be referred to local, state, or federal authority that has proper jurisdiction.

Certifications

(a). The Contractor shall comply with the mandatory standards and policies relating to energy

efficiency that are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871.)

(b). The Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety

Standards Act (the Act), 40 U.S.C. §327-330, as supplemented by Department of Labor regulations, 29 CFR Chapter 5. Under Section I 03 of the Act, the Contractor shall be required to compute the wages of every laborer on the basis of a standard workday of eight hours and a standard workweek of 40 hours. Work in excess of the standard workday or standard workweek is permissible provided that the worker is compensated at a rate of not less than 1.5 times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or 40 hours in any workweek.

(c). The Contractor shall comply with, Executive Order 11375 entitled Equal Employment Opportunity,

and as supplemented in Department of Labor regulations 41 CFR Chapter 60.

(d). The Contractor shall comply with the following civil rights laws, as amended: Title VI of the Civil Rights Act of 1964; Title IX of the Education Amendments of 1972; Section 504 of the Rehabilitation Act of 1973; the Age Discrimination Act of 1275; Title 7 CFR Parts 15, 15a, and 15b; the Americans With Disabilities Act; and FNS Instruction 113-1, Civil Rights Compliance and Enforcement Programs; Nutrition Programs and Activities..

(e). The Contractor shall comply with the Buy American provision for contracts that involve the

purchase of food, USDA Regulation 7 CFR Part 250.23.

(f). The Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency (EPA) regulations.

Miscellaneous

(a). The Contractor shall comply with the provisions of these RFP specifications, which are hereby in

all respects made a part of this contract.

(b). No provision of this contract shall be assigned or subcontracted without prior written consent of the SFA.

(c). No waiver of any default shall be construed to be or constitute a waiver of any subsequent claim.

(d). Any silence, absence, or omission from the contract specifications concerning any point shall be

regarded as meaning that only the best commercial practices are to prevail and that only materials

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(e.g., food, supplies, etc.) and workmanship of a quality that would normally be specified by the SFA are to be used.

(e). Payments on any claim shall not preclude the SFA from making a claim for adjustment on any item

found not to have been in accordance with the provisions of this contract and bid specifications.

(f). The SFA shall be responsible for ensuring the resolution of program review and audit findings.

Optional Requirements

(a). The SFA will not reimburse for reasonable cellular telephone expenses incurred by the Director

for communications related to the contract. Reasonable expenses shall not include additional services such as paging, e-mail, or voice mail. If allowed, it must be charged as an expense by the FSMC

(b). The SFA will reimburse for travel expenses for on-site Contractor staff only that are allowable

direct costs related to the contract and which are approved in advance. Reasonable expenses shall include mileage reimbursement, lodging (at the lowest available room rate), and reasonable meal expenses. Mileage, lodging, and meal expenses will be reimbursed at the same rate as received by SFA employees.

(c). The SFA will reimburse reasonable mileage expense of the Director for allowable local travel

related to the contract based on the same mileage rate as received by SFA employees.

(d). The Contractor may purchase nonexpendable equipment for the food service program, upon written approval of the SFA. The Contractor shall be subject to the same procurement requirements to which the SFA is subject in any procurement action and may not serve as a vendor when procuring on behalf of the school food service. The SFA shall repay at the rate specified when the equipment was purchased, which sum shall be charged to the SFA as an Operating Expense of the food service program. Ownership of the investment will vest in the SFA upon full payment of the purchase price to the Contractor. Upon such payment, the Contractor shall deliver a Bill of Sale evidencing transfer of title to the equipment to the SFA. As per Circular A-87, approval by the PED of the equipment purchase is not necessary.

If the Agreement expires or is terminated prior to the complete repayment of the investment, the SFA shall, on the expiration date, or within five days after receipt by either party of any notice of termination under this Agreement, either: (a) reimburse the Contractor the unpaid portion of the investment, (b) deliver the equipment or other items funded by the investment to the Contractor, or (c) lease purchase the equipment or other items funded by the investment from the Contractor and continue to pay the Contractor a monthly payment in the amount specified when the equipment was purchased until the balance of the investment is repaid. In this event, the SFAs obligation under the Lease Purchase Agreement with the Contractor shall be subject to the SFA's ratification of the rental agreement for each ensuring fiscal year. Lease purchase the equipment or other items funded by the investment from the Contractor and continue to pay the Contractor a monthly payment in the amount specified when the equipment was purchased until the balance of the investment is repaid. In this event, the SFA's obligation under the Lease Purchase Agreement with the Contractor shall be subject to the SFA's ratification of the rental agreement for each ensuring fiscal year.

(e). Except as otherwise expressly provided in this contract, the Contractor will defend, indemnify, and

hold the SFA harmless from and against all claims, liability, loss and expense, including reasonable collection expenses, attorneys' fees and court costs that may rise because of the sole negligence, misconduct, or other fault of the Contractor, its agents or employees in the performance of its obligations under this contract, except to the extent any such claims or actions result from the negligence of the SFA, its employees or agents. This clause shall survive termination o f the Agreement.

(f). The SFA requires the Contractor to perform a security (background) check on any Contractor

employee that will be working at the SFA.

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(g). Limitation on Nonperformance for Deficit Operations (Guarantee). The SFA and the Contractor shall work together to ensure a financially sound operation. If food service operations result in a deficit during the initial contract school year, the Contractor shall reimburse the SFA for the deficit. All Contractor assumptions used in calculating financial projections shall be clearly defined in the financial section of each proposal. Factors not clearly defined shall be the sole responsibility of the Contractor. If the contract is renewed, this condition shall apply to subsequent years. Contractors’ cannot recover any deficits in subsequent years if contract is renewed.

(h). Assumptions. Financial terms of the Agreement are based upon existing conditions and the

following assumptions. If there is a material change in conditions, including, without limitations, changes to the following assumptions, the contract (l) may be terminated at the end of the current term or (2) continue under the same terms as written, whichever is mutually agreed upon.

• The SFA's policies, practices, and service requirements shall remain materially consistent throughout the contract term and any subsequent contract renewals. • Average daily attendance (ADA) for the initial contract year beginning July I shall equal or exceed prior year's ADA. • Legislation, regulations, and reimbursement rates that create changes in the school lunch program shall remain materially consistent throughout the year. • Usable commodities, of adequate quality and variety required for the menu cycle, valued at an amount as set forth by USDA per pattern meal for the contract year will continue to be available. • The government reimbursement rates in effect shall remain materially consistent throughout the year. • Meal components and quantities required by the National School Lunch Act (NSLA) or the NSLP remain consistent with prior years. • Service hours, service requirements, and type or number of facilities selling food and/or beverages on SFA's premises shall remain materially consistent throughout the year. • The state or federal minimum wage rate and taxes in effect shall remain materially consistent throughout the year. • SFA revenue credited to the food service program shall include all state and federal amounts received specifically for child nutrition operations. The term materially consistent shall mean that a change does not (1) materially increase Contractor's cost of providing management service or (2) materially decrease the net revenue derived from the food service operation.

This contract shall be available for use by all public agencies, including but not limited to: schools, charter schools and SFA’s.

HPREC may remove any Contractor whose performance or conduct is not in accordance with the standards of HPREC, or who fails to comply with HPREC policies, rules, or regulations.

WORK BY THE AGENCY The agency reserves the right to undertake or award contracts for the performance of the same or similar type work as contemplated herein, and to do so will not breach or otherwise violate this Contract.

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2. Administrative Fee.

A. The Contractor shall pay to High Plains Regional Education Cooperative #3 an Administrative Fee of 3% (1% going back to each participating district) of the Food Service Management agreements.

B. The Contractor will provide High Plains Regional Education Cooperative #3 periodic summary

reports to monitor services provided. C. The Contractor shall pay the Administrative Fee in full to High Plains Regional Education

Cooperative #3 upon receiving final payment from the client to whom Food Service Management were rendered.

3. Term.

THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL APPROVED BY THE HIGH PLAINS REGIONAL EDUCATION COOPERATIVE #3. This Agreement shall terminate on June 30 2015 unless terminated pursuant to paragraph 4, infra, or paragraph 5. In accordance with Section 13-1-150 NMSA 1978, no contract term, including extensions and renewals, shall exceed four years, except as set forth in Section 13-1-150 NMSA 1978.

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4. Termination.

A. Termination This Agreement may be terminated with or without cause by either of the parties hereto upon written notice delivered to the other party at least sixty (60) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. This Agreement may be terminated immediately upon written notice to the Contractor, if the Contractor becomes unable to perform the services contracted for, as determined by the Agency or if, during the term of this Agreement, the Contractor or any of its officers, employees or agents is indicted for fraud, embezzlement or other crime due to misuse of state funds or due to the Appropriations paragraph herein. THIS PROVISION IS NOT EXCLUSIVE AND DOES NOT WAIVE THE AGENCY’S OTHER LEGAL RIGHTS AND REMEDIES CAUSED BY THE CONTRACTOR'S DEFAULT/BREACH OF THIS AGREEMENT.

B. Termination Management Immediately upon receipt by either the Agency or the Contractor of notice of termination of this Agreement, the Contractor shall: 1) not incur any further obligations for salaries, services or any other expenditure of funds under this Agreement without written approval of the Agency; 2) comply with all directives issued by the Agency in the notice of termination as to the performance of work under this Agreement; and 3) take such action as the Agency shall direct for the protection, preservation, retention or transfer of all property titled to the Agency and client records generated under this Agreement and any non-expendable personal property or equipment purchased by the Contractor with contract funds shall become property of the Agency upon termination. On the date the notice of termination is received, the Contractor shall furnish to the Agency a complete, detailed inventory of non-expendable personal property purchased with funds provided under the existing and previous Agency agreements with the Contractor; the property listed in the inventory report including client records and a final closing of the financial records and books of accounts which were required to be kept by the Contractor under the paragraph of this Agreement regarding financial records.

5. Appropriations.

The terms of this Agreement are contingent upon sufficient appropriations and authorization being made by the Legislature of New Mexico for the performance of this Agreement. If sufficient appropriations and authorization are not made by the Legislature, this Agreement shall terminate immediately upon written notice being given by the Agency to the Contractor. The Agency’s decision as to whether sufficient appropriations are available shall be accepted by the Contractor and shall be final. If the Agency proposes an amendment to the Agreement to unilaterally reduce funding, the Contractor shall have the option to terminate the Agreement or agree to the reduced funding, within thirty (30) days of receipt of the proposed amendment.

6. Status of Contractor.

The Contractor and its agents and employees are independent Contractors performing professional services for the Agency and are not employees of the High Plains Regional Education Cooperative #3. The Contractor and its agents and employees shall not accrue leave, retirement, insurance, bonding, use of state vehicles, or any other benefits afforded to employees of the High Plains Regional Education Cooperative #3 as a result of this Agreement. The Contractor acknowledges that all sums received hereunder are personally reportable by it for income tax purposes as self-employment or business income and are reportable for self-employment tax.

7. Assignment.

The Contractor shall not assign or transfer any interest in this Agreement or assign any claims for money due or to become due under this Agreement without the prior written approval of the Agency.

8. Subcontracting.

The Contractor shall not subcontract any portion of the services to be performed under this Agreement without the prior written approval of the Agency.

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9. Release. The Contractors acceptance of final payment of the amount due under this Agreement shall operate as a release of the Agency, its officers and employees, and the High Plains Regional Education Cooperative #3 from all liabilities, claims and obligations whatsoever arising from or under this Agreement. The Contractor agrees not to purport to bind the High Plains Regional Education Cooperative #3 unless the Contractor has express written authority to do so, and then only within the strict limits of that authority.

10. Confidentiality. Any confidential information provided to or developed by the Contractor in the performance of this Agreement shall be kept confidential and shall not be made available to any individual or organization by the Contractor without the prior written approval of the Agency.

Disclosure of confidential information shall only be made in accordance with the Inspection of Public Records Act or the applicable state or federal law or regulations.

11. Product of Service -- Copyright.

All materials developed or acquired by the Contractor under this Agreement shall become the property of the High Plains Regional Education Cooperative #3 and shall be delivered to the Agency no later than the termination date of this Agreement. Nothing produced, in whole or in part, by the Contractor under this Agreement shall be the subject of an application for copyright or other claim of ownership by or on behalf of the Contractor.

12. Conflict of Interest.

The Contractor warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required under the Agreement. The Contractor certifies that the requirements of the Governmental Conduct Act, Sections 10-16-1 through 10-16-18, NMSA 1978, regarding contracting with a public officer or state employee or former state employee have been followed.

13. Amendment.

This Agreement shall not be altered, changed or amended except by instrument in writing executed by the parties hereto.

14. Merger.

This Agreement incorporates all the agreements, covenants and understandings between the parties hereto concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written Agreement. No prior agreement or understanding, oral or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement.

15. Penalties.

The Procurement Code, Sections 13-1-28 through 13-1-199, NMSA 1978, imposes civil and criminal penalties for its violation. In addition, the New Mexico criminal statutes impose felony penalties for illegal bribes, gratuities and kickbacks.

16. Equal Opportunity Compliance. The Contractor agrees to abide by all federal and state laws and rules and regulations of the High Plains Regional Education Cooperative #3, pertaining to equal employment opportunity. In accordance with all such laws of the High Plains Regional Education Cooperative #3, the Contractor agrees to assure that no person in the United States shall, on the grounds of race, religion, color, national origin, ancestry, sex, age, physical or mental handicap, or serious medical condition, or, if the employer has fifty or more employees, spousal affiliation, or, if the employer has fifteen or more employees, sexual orientation or gender identity, be excluded from employment with or participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity performed under this Agreement. If Contractor is found not to be in compliance with these requirements during the life of this Agreement, Contractor agrees to take appropriate steps to correct these deficiencies.

17. Applicable Law. The laws of the State of New Mexico shall govern this Agreement, without giving effect to its choice

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of law provisions. Venue shall be proper only in a New Mexico court of competent jurisdiction in accordance with Section 38-3-1 (G) NMSA 1978. By execution of this Agreement, Contractor acknowledges and agrees to the jurisdiction of the courts of the State of New Mexico over any and all lawsuits arising under or out of any term of this Agreement.

18. Workers Compensation/Liability Insurance. The Contractor agrees to comply with state laws and rules applicable to workers compensation benefits for its employees. If the Contractor fails to comply with the Workers Compensation Act and applicable rules when required to do so, the Agency may terminate this Agreement. Contractors must provide sufficient liability insurance to cover all costs, liability or claims arising out of and/or related to the rendering of services to High Plains Regional Education Cooperative #3. Minimum coverage must include $1,000.000.00 bodily injury per person, $3,000,000.00 bodily injury per occurrence, and no loss to exceed $1,000,000.00 per occurrence.

19. Records and Financial Audit.

The Contractor shall maintain detailed time and expenditure records that indicate the date; time, nature and cost of services rendered during the Agreement’s term and effect and retain them for a period of three (3) years from the date of final payment under this Agreement. The records shall be subject to inspection by the Agency, the Department of Finance and Administration and the State Auditor. The Agency shall have the right to audit billings both before and after payment. Payment under this Agreement shall not foreclose the right of the Agency to recover excessive or illegal payments.

20. Indemnification.

The Contractor shall defend, indemnify and hold harmless the HPREC and the State of New Mexico from all actions, proceeding, claims, demands, costs, damages, attorneys’ fees and all other liabilities and expenses of any kind from any source which may arise out of the performance of this Agreement, caused by the negligent act or failure to act of the Contractor, its officers, employees, servants, sub-Contractors or agents, or if caused by the actions of any client of the Contractor resulting in injury or damage to persons or property during the time when the Contractor or any officer, agent, employee, servant or sub-Contractor thereof has or is performing services pursuant to this Agreement. In the event that any action, suit or proceeding related to the services performed by the Contractor or any officer, agent, employee, servant or sub-Contractor under this Agreement is brought against the Contractor, the Contractor shall, as soon as practicable but no later than two (2) days after it receives notice thereof, notify the legal counsel of the Agency and the Risk Management Division of the New Mexico General Services Department by certified mail.

21. General Guaranty: Contractor agrees to:

a. Save the agency, its agents and employees harmless from liability of any nature or kind for use of any copyrighted or un-copyrighted compositions, secret process, patented or unpatented, invention, article or appliance furnished or used in the performance of the contract which the Contractor is not the patentee, assignee, licensee or owner.

b. Protect the agency against latent defective materials or workmanship and to repair or replace any damages or marring occasioned in transit or delivery.

c. Furnish adequate protection against damage to all work and to repair damages of any kind, to the building or equipment, to his/her own work or to the work of other Contractors, for which his/her workmen are responsible.

d. Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the County.

e. Protect the agency from loss or damage to the agency owned property while it is in the custody of the Contractor.

22. Service Contract Guaranty: Contractor agrees to:

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a. Furnish services described in the solicitation at the times and places and in the manner and subject to conditions therein set forth provided that the agency may reduce the said service at any time.

b. Enter upon the performance of services with all due diligence and dispatch; shall assiduously press to its complete performance and shall exercise therein the highest degree of skill and competence.

c. All work performed and services rendered shall strictly conform to all laws, statutes, and ordinances and the applicable rules, regulations, methods and procedures of all government boards, bureaus, offices, and other agents.

d. Said services may be inspected by an employee of the agency at any reasonable time and place selected by the agency. The agency shall be under no obligation to compensate Contractor for any services not rendered in strict conformity with the contract.

e. The presence of an Inspector shall not lessen the obligation of the Contractor for performance in accordance with the contract requirements, or be deemed a defense on the part of the Contractor for infraction thereof. The Inspector is not authorized to revoke, alter, enlarge, relax, or release any of the requirements of the contract documents. Any omission or failure on the part of the Inspector to disapprove or reject any work or material shall not be construed to be an acceptance of any such defective work or material.

23. New Mexico Employees Health Coverage.

A. If Contractor 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, Contractor certifies, by signing this agreement, to:

(1) 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, 2008 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed one million dollars or;

(2) 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, 2009 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $500,000 dollars or;

(3) 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.

B. Contractor agrees to maintain a record of the number of employees who have (a) accepted

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

C. Contractor agrees 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/.

D. 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); Contractor agrees 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, $500,000 or $1,000,000, depending on the dollar value threshold in effect at that time.

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24. Invalid Term or Condition. If any term or condition of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement shall not be affected and shall be valid and enforceable. 25. Enforcement of Agreement.

A party's failure to require strict performance of any provision of this Agreement shall not waive or diminish that party's right thereafter to demand strict compliance with that or any other provision. No waiver by a party of any of its rights under this Agreement shall be effective unless express and in writing, and no effective waiver by a party of any of its rights shall be effective to waive any other rights.

26. Notices.

Any notice required to be given to either party by this Agreement shall be in writing and shall be delivered in person, by courier service or by U.S. mail, either first class or certified, return receipt requested, postage prepaid, as follows:

To the Agency: Mr. R Stephen Aguirre, Executive Director High Plains Regional Education Cooperative #3 101 North 2nd Street Raton, New Mexico 87740 To the Contractor:

27. Authority. If Contractor is other than a natural person, the individual(s) signing this Agreement on behalf of

Contractor represents and warrants that he or she has the power and authority to bind Contractor, and that no further action, resolution, or approval from Contractor is necessary to enter into a binding contract. 28. Debarment and Suspension

A. Pursuant to 45 C.F.R. Part 76, the Contractor certifies by signing this Agreement, that it and its principals, to the best of its knowledge and belief: (1) are not debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal department or agency; (2) have not, within a three-year period preceding the effective date of this Agreement, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; (3) have not been indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated above in this Article 25.1; (4) have not, within a three-year period preceding the effective date of this Agreement, had one or more public agreements or transactions (Federal, State or local) terminated for cause or default; and (5) have not been excluded from participation from Medicare, Medicaid or other federal health care programs pursuant to Title XI of the Social Security Act, 42 U.S.C. § 1320a-7.

B. The Contractor’s certification in Article 28.A is a material representation of fact upon which

the Agency relied when this Agreement was entered into by the parties. The Contractor shall provide immediate written notice to the Agency’s Contract Administrator if, at any time during the term of this Agreement, the Contractor learns that its certification in Article 28.A was erroneous on the effective date of this of this Agreement or has become erroneous by reason of new or changed circumstances. If it is later determined that the Contractor’s certification in Article 28.A was erroneous on the effective date of this Agreement or has become erroneous by reason of new or changed circumstances, in addition to other remedies available to the Agency, the Agency may terminate the Agreement.

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C. As required by 45 C.F.R. Part 76, the Contractor shall require each proposed first-tier

sub-Contractor whose subcontract will equal or exceed $25,000, to disclose to the Contractor, in writing, whether as of the time of award of the subcontract, the sub-Contractor, or its principals, is or is not debarred, suspended, or proposed for debarment by any Federal department or agency. The Contractor shall make such disclosures available to the Agency when it requests sub-Contractor approval from the Agency pursuant to Article 8. If the sub-Contractor, or its principals, is debarred, suspended, or proposed for debarment by any Federal department or agency, the Agency may refuse to approve the use of the sub-Contractor.

29. Lobbying

No federal appropriated funds can be paid or will be paid, by or on behalf of the Contractor, or 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 any Federal contract, or the making of any Federal grant, the making of any federal loan, the entering into of any cooperative agreement, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than federal appropriated funds have been paid or will be paid to any person 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 of this federal contract, grant, loan, or cooperative agreement, the Contractor shall complete and submit Standard Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

30. Approval of Contractor Personnel

Personnel proposed in the Contractor's written proposal to the procuring agency are considered material to any work performed under this Price Agreement. No changes of personnel will be made by the Contractor without prior written consent of the procuring agency. Replacement of any Contractor personnel, if approved, shall be with personnel of equal ability, experience and qualifications. The Contractor will be responsible for any expenses incurred in familiarizing the replacement personnel to insure their being productive to the project immediately upon receiving assignments. Approval of replacement personnel shall not be unreasonably withheld. The procuring agency shall retain the right to request the removal of any of the Contractor's personnel at any time.

31. Limit of Liability

The Contractor's liability to the procuring agency for any cause whatsoever shall be limited to the purchase price paid to the Contractor for the products and services that are the subject of SPA's or the procuring agency's claim. The foregoing limitation does not apply to Paragraphs 20 and 34 of this agreement or to damages resulting from personal injury caused by the Contractor's negligence. In no event will the Contractor be liable for any damages resulting from loss of data or use, lost profits or any incidental or consequential damages.

32. Survival

The agreement paragraph titled Patent, Copyright, Trademark, and Trade Secret Indemnification; Indemnification; and Limit of Liability shall survive the expiration of this agreement. Software licenses, leases, maintenance and any other unexpired agreements that were entered into under the terms and conditions of this agreement shall survive this agreement

33. Succession This agreement shall extend to and be binding upon the successors and assigns of the parties.

34. Impracticality of Performance

A party shall be excused from performance under this agreement for any period that the party is prevented from performing as a result of an act of God, strike, war, civil disturbance, epidemic, or court order, provided that the party has prudently and promptly acted to take any and all steps that are within the party's control to ensure performance. Subject to this provision, such non-performance shall not be deemed a default or a ground for termination.

35. Incorporation and Order of Precedence.

Request for Proposals No. 991-13-001 and the Contractor's proposal are incorporated by reference into this agreement and are made a part of this agreement. In the event of any conflict among

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these documents, the following order of precedence shall apply: 1. Any contract amendment(s), in reverse chronological order; then 2. this contract itself; then 3. the Request for Proposals; then 4. the Contractors Best and Final Offer(s), in reverse chronological order; then 5. the Contractor’s proposal; then 6. the Contractor's standard agreement terms and conditions (which may or may

not have been submitted as part of the Contractor's proposal).

36. Patent, Copyright, Trademark and Trade Secret Indemnification

A. The Contractor shall defend, at its own expense, the State and its agencies against any claim that any product or service provided under this agreement infringes any patent, copyright or trademark in the United States or Puerto Rico, and shall pay all costs, damages and attorneys' fees that a court finally awards as a result of any such claim. In addition, if any third party obtains a judgment against a procuring agency based upon the Contractor's trade secret infringement relating to any product or service provided under this agreement, the Contractor agrees to reimburse the State for all costs, attorneys' fees and the amount of the judgment. To qualify for such defense and/or payment, the State shall:

i. give the Contractor prompt written notice of any claim; ii. allow the Contractor to control the defense or settlement of the claim; and iii. cooperate with the Contractor in a reasonable way to facilitate the defense or

settlement of the claim. B. If any product or service becomes, or in the Contractor's opinion is likely to become the subject

of a claim of infringement, the Contractor shall at its option and expense: i. provide a procuring agency the right to continue using the product or service; ii. replace or modify the product or service so that it becomes non-infringing; or

iii. accept the return of the product or service and refund an amount equal to the depreciated value of the returned product or service, less the unpaid portion of the purchase price and any other amounts which are due to the Contractor. The Contractor's obligation will be void as to any product or service modified by the procuring agency to the extent such modification is the cause of the claim.

By: Date:______________

Agency By: Date: _______________ Contractor

The records of the Taxation and Revenue Department reflect that the Contractor is registered with the Taxation and Revenue Department of the State of New Mexico to pay gross receipts and compensating taxes. ID Number:

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APPENDIX E

CAMPAIGN CONTRIBUTION DISCLOSURE FORM

CAMPAIGN CONTRIBUTION DISCLOSURE FORM Pursuant to NMSA 1978, § 13-1-191.1 (2006), any person seeking to enter into a contract with any PED or local public body for Food service management, must file this form with that PED or 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 and fifty dollars ($250) over the two year period. Furthermore, the PED 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 HE/SHE/IT, HIS/HER/ITS FAMILY MEMBER, OR 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.

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“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.

“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)

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__________________________________ ___________________________________ Signature Title (Position) ________________________ Date ─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. ______________________________ _______________________ Signature Title (Position) ______________________________ Date

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APPENDIX F

SUSPENSION AND DEBARMENT REQUIREMENT

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED

DEBARMENT AND OTHER RESPONSIBILITY MATTERS The entering of a contract between HPREC and the successful Offeror pursuant to this RFP is a “covered transaction,” as defined by 45 C.F.R. Part 76. HPREC’s contract with the successor Offeror shall contain a provision relating to debarment, suspension, and responsibility substantially in the form contained in Article 28 of Attachment D. All Offerors must provide as a part of their proposals a certification to HPREC in the form provided below. Failure of an Offeror to furnish a certification or provide such additional information as requested by the Procurement Manager for this RFP will render the Offeror non-responsible. Furthermore, the Offeror shall provide immediate written notice to the Procurement Manager for this RFP if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

Although HPREC may review the veracity of the certification through the use of the federal Excluded Parties Listing System or by other means, the certification provided by the Offeror in paragraph (a), below, is a material representation of fact upon which HPREC will rely when making a contract award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to HPREC, HPREC may terminate the contract resulting from this request for proposals for default. The certification provided by the Offeror in paragraph (a), below, will be considered in connection with a determination of the Offeror's responsibility. A certification that any of the items in paragraph (a), below, exists may result in rejection of the Offeror’s proposal for non-responsibility and the withholding of an award under this RFP. If the Offeror’s certification indicates that that any of the items in paragraph (a), below, exists, the Offeror shall provide with its proposal a full written explanation of the specific basis for, and circumstances connected to, the item; the Offeror’s failure to provide such explanation will result in rejection of the Offeror’s proposal. If the Offeror’s certification indicates that that any of the items in paragraph (a), below, exists, HPREC, in its sole discretion, may grant an exception under 45 C.F.R. §§ 76.120 and 76.305 if HPREC believes that the procurement schedule so permits and an exception is applicable and warranted under the circumstances. In no event will HPREC award a contract to an Offeror if the requested exception is not granted for the Offeror.

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By signing and submitting a proposal in response to this RFP, the Offeror certifies, to the best of its knowledge and belief, that: (i) The Offeror and/or any of its Principals- (A) Are not presently debarred, suspended, proposed for debarment, or declared ineligible

for the award of contracts by any Federal department or agency; (B) Have not , within a three-year period preceding the date of the Offeror’s proposal, been

convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property;

(C) Are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this certification;

(D) Have not , within a three-year period preceding the date of Offeror’s proposal, had one or more public agreements or transactions (Federal, State or local) terminated for cause or default; and

(E) Have not been excluded from participation from Medicare, Medicaid or other federal health care programs pursuant to Title XI of the Social Security Act, 42 U.S.C. § 1320a-7.

(ii) "Principal," for the purposes of this certification, shall have the meaning set forth in 45 C.F.R. § 76.995 and shall include an officer, director; owner, partner, principal investigator, or other person having management or supervisory responsibilities related to a covered transaction. “Principal” also includes a consultant or other person, whether or not employed by the participant or paid with Federal funds, who: is in a position to handle Federal funds; is in a position to influence or control the use of those funds; or occupies a technical or professional position capable of substantially influencing the development or outcome of an activity required to perform the covered transaction. (iii) For the purposes of this certification, the terms used in the certification, such as covered transaction, debarred, excluded, exclusion, ineligible, ineligibility, participant, and person have the meanings set forth in the definitions and coverage rules of 45 C.F.R. Part 76. (iv) Nothing contained in the foregoing certification shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

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OFFEROR:______________________________________ SIGNED BY:_____________________________________ TITLE:__________________________________________ DATE: ___________________________________________

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APPENDIX G

Resident Veterans Preference Certification __________________________________ (NAME OF CONTRACTOR) hereby certifies the following in regard to application of the resident veterans’ preference to this procurement:

Please check one box only

□ I declare under penalty of perjury that my business prior year revenue starting January 1ending December 31 is less than $1M allowing me the 10% preference discount on this solicitation. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

□ I declare under penalty of perjury that my business prior year revenue starting January 1 ending December 31 is more than $1M but less than $5M allowing me the 8% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

□ I declare under penalty of perjury that my business prior year revenue starting January 1ending December 31 is more than $5M allowing me the 7% preference discount on this bid or proposal. I understand that knowingly giving false or misleading information about this fact constitutes a crime.

“I agree to submit a report, or reports, to the State Purchasing Division of the General Services Department declaring under penalty of perjury that during the last calendar year starting January 1 and ending on December 31, the following to be true and accurate: “In conjunction with this procurement and the requirements of this business’ application for a Resident Veteran Business Preference/Resident Veteran Contractor Preference under Sections 13-1-21 or 13-1-22 NMSA 1978, when awarded a contract which was on the basis of having such veterans preference, I agree to report to the State Purchasing Division of the General Services Department the awarded amount involved. I will indicate in the report the award amount as a purchase from a public body or as a public works contract from a public body as the case may be. “I understand that knowingly giving false or misleading information on this report constitutes a crime.” I declare under penalty of perjury that this statement is true to the best of my knowledge. I understand that giving false or misleading statements about material fact regarding this matter constitutes a crime.

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________________________________ _________________________________

(Signature of Business Representative)* (Date)

*Must be an authorized signatory for the Business.

The representations made in checking the boxes constitutes a material representation by the business that is subject to protest and may result in denial of an award or unaward of the procurement involved if the statements are proven to be incorrect.

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APPENDIX H

CONFLICT OF INTEREST AFFIDAVIT

 

 

 

 

 

 

 

 

 

 

 

 

 

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AFFIDAVIT

STATE OF NEW MEXICO ) ) ss. COUNTY OF SANTA FE ) I, ________________________________ (name), being first duly sworn upon my oath, depose and state the following:

1. I am a former employee of the _________________________ (name of Department/Agency), having separated/retired from state employment as of ______________________ (date).

2. I am a current employee of the _________________________ (name of Department/Agency), or a legislator with the state, or the family member (spouse, parent, child, sibling by consanguinity or affinity) of a current employee or legislator with the state. Being a current employee or legislator or family member of a current employee or legislator of the state, I hereby certify that I obtained this Agreement pursuant to Sections 10-16-7 or 10-16-9 NMSA 1978, that is, in accordance with the Procurement Code except that this Agreement has NOT been awarded via the sole source or small purchase procurement methods.

3. The Department/Agency and I have entered into a agreement in the amount of $_____________.

4. Section 10-16-8.A(1) NMSA 1978 of the Governmental Conduct Act does not apply to

this Agreement because I neither sought a contract with the Department/Agency, nor engaged in any official act which directly resulted in the formation of the Professional Services Agreement while an employee of the Department/Agency.

5. To the best of my knowledge, this Agreement was awarded in compliance with all

relevant provisions of the New Mexico Procurement Code (13-1-28, et. seq., NMSA 1978).

FURTHER, AFFIANT SAYETH NOT. _______________________________ name Subscribed and sworn to before me by ____________________________(name of former employee) this _____day of _______, 2005. ____________________ NOTARY PUBLIC My Commission Expires:

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APPENDIX I

NEW MEXICO EMPLOYEES HEALTH COVERAGE FORM  

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New Mexico Employees Health Coverage Form 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: (a) 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, 2008 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed one million dollars or; (b) 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, 2009 if the expected annual value in the aggregate of any and all contracts between Contractor and the State exceed $500,000 dollars or (c) 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, $500,000 or $1,000,000. Signature of Offeror: _________________________ Date________

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APPENDIX J

SAMPLE 21 DAY CYCLE LUNCH MENU

K – 8th Grade A G/B Fruit Veg

1 2 oz. Baked Chicken 1 oz. Whole Grain Dinner Roll 1 oz. Seasoned Whole Grain Brown Rice ½ c. Fresh Apples ¾ c. ½ cup Sweet Potato Casserole ¼ cup Green Beans

2 2 oz. Cheese (Sauce) 2 oz. Whole Grain Paste Macaroni ½ c. Peaches ¾ c. ½ cup Potato Rounds, Baked ¼ cup Baby Carrots FF Ranch

3 2 oz. Cheese/Pepperoni (Pizza) 2 oz. Whole Grain Pizza Crust ½ c. Fresh Orange Wedges ¾ c. 1 cup Lettuce Salad* (Dark Green) FF Dressings ¼ cup Corn

A G/B Fruit Veg

4 2 oz. Baked Chicken Tenders (meat) 1 oz. Tenders Whole Grain Breading 1 oz. Seasoned Whole Grain Brown Rice ½ c. Cinnamon Applesauce ¾ c. ½ cup Mashed Potatoes ¼ cup Green Peas

5 2 oz. Chicken/Cheese (Quesadilla) 1 oz. Whole Grain Tortilla 1 oz. Whole Grain Tortilla Chips ½ c. Pineapple Chunks ¾ c. ½ cup Three Bean Salad ¼ cup Lettuce, Onion, Peppers, Salsa

6 2 oz. Meat (Spaghetti Sauce) 2 oz. Whole Grain Pasta - Spaghetti ½ c. Fresh Banana ¾ c. 1 cup Lettuce Salad* (Dark Green) FF Dressings ¼ cup Baby Carrots

A G/B Fruit Veg

7 2 oz. Oven Baked Fish Nuggets (meat) 1 oz. Nugget Whole Grain Breading 1 oz. Whole Grain Dinner Roll ½ c. Fresh Fruit Mix – Grapes, Blueberries, Strawberries ¾ c. ½ cup Potato Wedges, Baked ¼ cup Green Beans

8 2 oz. Hamburger 2 oz. Whole Grain Bun ½ c. Fruit Cocktail ¾ c. ½ cup Baked Sweet Potato Fries ¼ cup Lettuce, Tomato, Onion, Pickle Garnish

9 2 oz. Grilled Chicken (Caesar Wrap) 2 oz. Whole Grain Tortilla ½ c. Cantaloupe Wedges ¾ c. ½ cup Roasted New Potatoes ¼ cup Sliced Cucumbers and Onions

A G/B Fruit Veg

10 2 oz. Cheese (Grilled Cheese) 2oz. Whole Grain Bread ½ c. Pears ¾ c. ½ cup Baked Beans ¼ cup Corn

11 2 oz. Meat (Sloppy Joe) 2 oz. Whole Grain Bun ½ c. Watermelon ¾ c. ½ cup Potato Salad ¼ cup Coleslaw

12 2 oz. Meat (Chili) 1 oz. Whole Grain Oyster Crackers 1 oz. Dinner Roll ½ c. Mixed Fruit ¾ c. 1/8 cup Variety Beans (Chili) 3/8 cup Carrot Coins, Cooked ¼ cup Green Peas

A G/B Fruit Veg

13 2 oz. Grilled Chicken (Sandwich) 2 oz. Whole Grain Bun ½ c. Fresh Apples ¾ c. ½ cup Sweet Potato Sticks ¼ cup Broccoli, Steamed

14 2 oz. Hot Ham and Cheese Pita 1 oz. Whole Grain Pita 1 oz. Whole Grain Tortilla Chips ½ c. Fresh Orange Wedges ¾ c. 3/8 cup Beans (Fiesta Dip) 3/8 cup Celery Sticks

15 2 oz. Meat and Cheese (Tacos) 1oz. Whole Grain Tortilla 1 oz. Seasoned Whole Grain Brown Rice ½ c. Applesauce ¾ c. 1 cup Lettuce Salad* (Dark Green) ¼ cup equivalent Lettuce, Diced Tomatoes

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A G/B Fruit Veg

16 2 oz. Ground Turkey & LF Cheese (Ziti) 2 oz. Whole Grain Pasta – Ziti (Baked) ½ c. Fresh Banana ¾ c. ½ cup Sweet Potato Casserole ¼ cup Green Beans

17 2 oz. Meat (Stir Fry) 2 oz. Whole Grain Brown Rice ½ c. Pineapple Chunks ¾ c. ½ cup Broccoli and Cauliflower (steamed) ¼ cup Oriental Vegetables (stir fry)

18 2 oz. Shredded Chicken (BBQ) 2 oz. Whole Grain Bun ½ c. Baked Cinnamon Apples ¾ c. 1 cup Lettuce Salad* (Dark Green) FF Dressings ¼ cup Tomatoes

A G/B Fruit Veg

19 2 oz. Beef (Burrito) 1 oz. Whole Grain Tortilla 1 oz. Whole Grain Tortilla Chips ½ c. Fresh Melon(s) ¾ c. 1/8 cup Variety Beans (Burrito) 3/8 cup Refried Beans ¼ cup Tomatoes, onion (Salsa)

20 2 oz. Hot Turkey and Cheese (Sub) 2 oz. Whole Grain Bun ½ c. Peaches ¾ c. ½ cup Sweet Potato Fries ¼ cup Green Beans

21 2 oz. Gr. Chicken & LF Cheese (Chef Salad) 1oz. Whole Grain Croutons 1 oz. Whole Grain Soft Breadstick ½ c. Fresh Apple ¾ c. 1 cup Lettuce Salad* (Dark Green) FF Dressings ¼ cup Shredded Carrots, Diced Tomatoes, Sliced Cucumbers

* Leafy green vegetables: 1 cup counts as ½ cup vegetables

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9th – 12th Grade A G/B Fruit Veg

1 2 oz. Baked Chicken 1 oz. Whole Grain Dinner Roll 1 oz. Seasoned Whole Grain Brown Rice 1 c. ½ cup Fresh Apples ½ cup 100% Grape Juice 1 c. 3/4 cup Sweet Potato Casserole ¼ cup Green Beans

2 2 oz. Cheese (Sauce) 2 oz. Whole Grain Paste Macaroni 1 c. ½ cup Peaches ½ cup Fresh Banana 1 c. ½ cup Potato Rounds, Baked ¼ cup Baby Carrots FF Ranch

3 2 oz. Cheese/Pepperoni (Pizza) 2 oz. Whole Grain Pizza Crust 1 c. ½ cup Fresh Orange Wedges ½ cup Grapes 1 c. 1 cup Lettuce Salad* (Dark Green) FF Dressings ½ cup Corn

A G/B Fruit Veg

4 2 oz. Baked Chicken Tenders (meat) 1 oz. Tenders Whole Grain Breading 1 oz. Seasoned Whole Grain Brown Rice 1 c. ½ cup Cinnamon Applesauce ¼ cup Raisins ** 1 c. ½ cup Mashed Potatoes ¼ cup Green Peas ¼ cup Carrot Coins, Cooked

5 2 oz. Chicken/Cheese (Quesadilla) 1 oz. Whole Grain Tortilla 1 oz. Whole Grain Tortilla Chips 1 c. ½ cup Pineapple Chunks ½ cup Orange Wedges 1 c. ½ cup Three Bean Salad ½ cup Lettuce, Onion, Peppers, Salsa

6 2 oz. Meat (Spaghetti Sauce) 2 oz. Whole Grain Pasta - Spaghetti 1 c. ½ cup Fresh Banana ½ cup Pears 1 c. 1 cup Lettuce Salad* (Dark Green) FF Dressings ½ cup Baby Carrots

A G/B Fruit Veg

7 2 oz. Oven Baked Fish Nuggets (meat) 1 oz. Nugget Whole Grain Breading 1 oz. Whole Grain Dinner Roll 1c. 1 cup Fresh Fruit Mix – Grapes, Blueberries, Strawberries 1 c. ½ cup Potato Wedges, Baked ½ cup Green Beans

8 2 oz. Hamburger 2 oz. Whole Grain Bun 1 c ½ cup Fruit Cocktail ½ cup Fruit Coctail 1 c. 3/4 cup Baked Sweet Potato Fries ¼ cup Lettuce, Tomato, Onion, Pickle Garnish

9 2 oz. Grilled Chicken (Caesar Wrap) 2 oz. Whole Grain Tortilla 1 c. 1 cup Cantaloupe Wedges 1 c. ½ cup Roasted New Potatoes ½ cup Sliced Cucumbers and Onions

A G/B Fruit Veg

10 2 oz. Cheese (Grilled Cheese) 2oz. Whole Grain Bread 1 c. ½ cup. Pears ½ cup Peaches 1 c. ½ cup Baked Beans ½ cup Corn

11 2 oz. Meat (Sloppy Joe) 2 oz. Whole Grain Bun 1 c. 1 cup Watermelon 1 c. ½ cup Potato Salad ½ cup Coleslaw

12 2 oz. Meat (Chili) 1 oz. Whole Grain Oyster Crackers 1 oz. Dinner Roll 1 c. ½ cup Mixed Fruit ½ cup Banana 1 c. 1/8 cup Variety Beans (Chili) ½ cup Carrot Coins, Cooked 3/8 cup Green Peas

A G/B Fruit Veg

13 2 oz. Grilled Chicken (Sandwich) 2 oz. Whole Grain Bun 1 c. ½ cup Fresh Apples ½ cup 100% Fruit Punch Juice 1 c. ½ cup Sweet Potato Sticks ½ cup Broccoli, Steamed

14 2 oz. Hot Ham and Cheese Pita 1 oz. Whole Grain Pita 1 oz. Whole Grain Tortilla Chips 1 c. ½ cup Fresh Orange Wedges ½ cup Pineapple Chunks 1 c. 3/8 cup Beans (Fiesta Dip) 3/8 cup Celery Sticks ¼ cup Carrot Sticks FF Ranch

15 2 oz. Meat and Cheese (Tacos) 1oz. Whole Grain Tortilla 1 oz. Seasoned Whole Grain Brown Rice 1 c. ½ cup Applesauce ½ cup Peaches 1 c. 1 cup Lettuce Salad* (Dark Green) 1/2 cup equivalent shredded lettuce, Diced Tomatoes

A

16 2 oz. Ground Turkey & LF Cheese (Ziti)

17 2 oz. Meat (Stir Fry)

18 2 oz. Shredded Chicken (BBQ)

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G/B Fruit Veg

2 oz. Whole Grain Pasta – Ziti (Baked) 1 c. ½ cup Fresh Banana ½ cup 100% Apple Juice 1 c. ½ cup Sweet Potato Casserole ¼ cup Green Beans ¼ cup Sliced Tomatoes

2 oz. Whole Grain Brown Rice 1 c. ½ cup Pineapple Chunks ½ cup Pears 1 c. ½ cup Broccoli and Cauliflower (steamed) ½ cup Oriental Vegetables (stir fry)

2 oz. Whole Grain Bun 1 c. ½ cup Baked Cinnamon Apples ¼ cup Raisins 1 c. 1 ½ cup Lettuce Salad* (Dark Green) FF Dressings ¼ cup Tomatoes

A G/B Fruit Veg

19 2 oz. Beef (Burrito) 1 oz. Whole Grain Tortilla 1 oz. Whole Grain Tortilla Chips 1 c. 1 cup Fresh Melon(s) 1 c. 1/8 cup Variety Beans (Burrito) 3/8 cup Refried Beans ¼ cup Tomatoes, onion (Salsa)

20 2 oz. Hot Turkey and Cheese (Sub) 2 oz. Whole Grain Bun 1 c. ½ cup Peaches ½ cup Red Grapes 1 c. ½ cup Sweet Potato Fries ½ cup Green Beans

21 2 oz. Gr. Chicken & LF Cheese (Chef Salad) 1oz. Whole Grain Croutons 1 oz. Whole Grain Soft Breadstick 1 c. ½ cup Fresh Apple ½ cup Orange Juice 1 c. 1 ½ cup Lettuce Salad* (Dark Green) FF Dressings ¼ cup Shredded Carrots, Diced Tomatoes, Sliced Cucumbers

* Leafy green vegetables: 1 cup counts as ½ cup of vegetables ** Raisins: ¼ cup counts as ½ cup fruit equivalent

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APPENDIX K MINIMUM FOOD SPECIFICATIONS

Meat/Seafood-All meats, meat products, poultry, 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.

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APPENDIX L APPLICATION FOR REGISTRATION

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STATE  OF  NEW  MEXICO  FOOD  SERVICE  MANAGEMENT  COMPANY  (FSMC)  

APPLICATION  FOR  REGISTRATION  SCHOOL  YEAR  2014-­‐2015  

 No  FSMC  bid  for  school  food  service  in  New  Mexico  can  be  considered  by  an  SFA  unless  the  FSMC  has  completed  and   filed   this   registration   form  with   the  New  Mexico  Public  Education  Department’s   (PED)  Student   Nutrition   Bureau   (SNB).   The   form   must   be   kept   up   to   date   with   any   changes.   Please   use  additional  pages  where  necessary  to  respond  fully  to  each  question.    Date  FSMC  submitted  this  registration  to  PED’s  SNB:      COMPANY  IDENTIFICATION    1.   Company  legal  name  and  address  (street,  city,  state  and  zip  code)    

       

 Is  the  company  a  minority-­‐owned  enterprise?      Yes      No  

 2.   FSMC  Contact  Information      

FSMC  Name:    Contact  Person  (s):    Mailing  Address:        Telephone  Number:    Fax  Number:    E-­‐Mail:    

 CORPORATE  PROFILE    3.   Is  the  company  incorporated?      Yes      No  

If  yes,  list  what  month,  year  and  state  in  which  FSMC  was  incorporated.  Month     Year     State    

 4.   Does  the  company  pay  taxes  in  New  Mexico?      Yes      No      

If  yes,  what  type  (i.e.  income,  sales,  etc.)        5.   List  other  names  the  company  is  presently  using  or  has  used  in  the  past  twenty-­‐four  (24)  

months.    

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6.   Is  the  FSMC  currently  providing  or  has  the  FSMC  ever  provided  meals  to  the  following  programs  (in  New  Mexico  or  other  states)?  

   National  School  Lunch  Program    Yes    No  Number  of  National  School  Lunch  Programs    

 School  Breakfast  Program    Yes    No  Number  of  School  Breakfast  Programs    

   

Summer  Food  Service  Programs    Yes    No  Number  of  Summer  Programs    

 If  yes,  and  if  in  New  Mexico,  complete  the  next  section.  Use  additional  pages  if  needed.    

Program   SFA  or  Sponsor  Name   Address   Phone                          

 PERSONNEL  PROFILE    7.   List  name  and  title  of  individuals  from  the  company  authorized  to  sign  contracts.    

Printed  Name   Title                  

 8.   List   all   individuals   who   are   owners,   officers,   local   area   representatives,   consultants   and   any  

other  persons  with  a  5  percent  or  more  financial  interest  in  the  FSMC,  and  provide  the  following  information  for  each:  

 Name   Officer/Title  

               

 

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ADDITIONAL  INFORMATION    The  following  information  will  be  used  by  the  School  Food  Authority  (SFA)  when  soliciting  bids.    9.   The  company  is  currently  providing  service  to  SFA(s)  in  the  following  counties  (check  all  that  

apply):    

Bernalillo       Hidalgo       San  Juan    

Catron       Lea       San  Miguel    

Chaves       Lincoln       Santa  Fe    

Cibola       Los  Alamos       Sierra    

Colfax       Luna       Socorro    

Curry       McKinley       Taos    

De  Baca       Mora       Torrance    

Doña  Ana       Otero       Union    

Eddy       Quay       Valencia    

Grant       Rio  Arriba          

Guadalupe       Roosevelt          

Harding       Sandoval              10.   List  the  names  of  SFA(s)  in  New  Mexico  that  have  current  Food  Service  Management  Contracts  

with  the  FSMC  but  DO  NOT  participate  in  the  National  School  Lunch  Program  (Attach  additional  pages,  if  needed).  

 School  Food  Authority  Name   County  

                                                       

 

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 11.   The  FSMC  will  consider  submitting  proposals/bids  to  SFA(s)  in  the  following  counties  for  school  

year  2014-­‐15  (check  all  that  apply):  

  96  

 

Bernalillo       Hidalgo       San  Juan    

Catron       Lea       San  Miguel    

Chaves       Lincoln       Santa  Fe    

Cibola       Los  Alamos       Sierra    

Colfax       Luna       Socorro    

Curry       McKinley       Taos    

De  Baca       Mora       Torrance    

Doña  Ana       Otero       Union    

Eddy       Quay       Valencia    

Grant       Rio  Arriba          

Guadalupe       Roosevelt          

Harding       Sandoval              12.   List   the   minimum   conditions   that   must   generally   be   met   on   a   county   by   county   basis   (i.e.  

minimum  revenue,  minimum  number  of  meals/day,  minimum  number  of  schools,  etc.)  in  order  for  the  company  to  consider  submitting  a  proposal/bid  to  the  SFA:  (Add  pages  if  needed)  

 County   Conditions  

                       

 13.   List  the  names  of  all  SFA(s)   in  New  Mexico  that  had  consulting  contracts  with  the  FSMC  in  the  

last  two  years:    

Year   Local  Education  Agency   County                          

 

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ASSURANCES    If   selected  as   the  FSMC  by  an  SFA,   this  FSMC  makes  assurances  as   follows,  which  are   incorporated  by  reference   in  each  FSMC  response   to  a   request   for  proposals  or   invitation   for  bid  and   incorporated  by  reference  in  each  contract  for  food  services  in  New  Mexico,  including  contract  renewals.    The  initials  of  the  signatory  on  each  assurance  below  indicates  acceptance  of  each  provision  by  the  person  authorized  to  sign  contracts:   A. ENERGY   EFFICIENCY.   The   FSMC   now   complies   and  will   continue   to   comply   with   the   mandatory  

standards   and   policies   relating   to   energy   efficiency   that   are   contained   in   the   state   energy  conservation   plan  issued   in  compliance  with  the  Energy  Policy  and  Conservation   Act  (P.L.  94-­‐163,  89  Stat.  871.)    ___    (initials)  

 B. EMPLOYMENT  HOURS  AND   SAFETY.   The   FSMC   now   complies   and  will   continue   to   comply   with  

Sections   103   and  107  of   the  Contract  Work   Hours   and   Safety   Standards   Act  (the  Act),   40  U.S.C.  §327-­‐330,   as   supplemented   by   Department   of   Labor   regulations,   29   CFR   Chapter   5.   Under  Section  103  of  the  Act,  the  FSMC  shall  be  required   to  compute   the  wages  of  every   laborer  on  the  basis  of  a  standard  workday  of  eight  hours  and  a  standard  workweek   of  40  hours.  Work   in  excess  of   the   standard   workday   or   standard   workweek   is   permissible   provided   that   the   worker   is  compensated   at  a  rate  of  not   less  than  1  1/2   times   the  basic   rate  of  pay   for  all  hours  worked   in  excess  of  eight  hours   in  any  calendar  day  or  40  hours   in  any  workweek.    ___    (initials)  

 C. EQUAL   EMPLOYMENT.   The   FSMC   now   complies   and   will   continue   to   comply   with,   Executive  

Order   11375   entitled   Equal   Employment   Opportunity,   and   as   supplemented   in   Department   of  Labor  regulations  41  CFR  Chapter  60.    ___    (initials)  

 D. CIVIL  RIGHTS.  The  FSMC   now  complies  and  will  continue  to  comply  with   the   following   civil   rights  

laws,   as  amended:   Title  VI  of   the  Civil  Rights   Act  of  1964;   Title   IX  of   the  Education   Amendments  of  1972;   Section   504  of  the  Rehabilitation   Act  of  1973;   the  Age  Discrimination   Act  of  1975;   Title  7   CFR   Parts   15,   15a,   and   15b;   the   Americans   With   Disabilities   Act;   and   FNS   Instruction   113-­‐1,  Civil   Rights   Compliance   and  Enforcement   Programs;  Nutrition  Programs   and  Activities.  The  FSMC  agrees  that  compliance  with  this  civil  rights  assurance  constitutes  a  condition  of  continued  receipt  of  federal  financial  assistance  and  that  it  is  binding  upon  the  FSMC  and  its  successors,  transferees  and  assignees  for  the  period  during  which  such  assistance  is  provided.  _____    (initials)  

 E. BUY   AMERICAN.   The   FSMC   now   complies   and   will   continue   to   comply   with   the   Buy   American  

provision   for   contracts   that   involve   the  purchase   of   food,  USDA   Regulation   7  CFR   Part   250.23.    ___    (initials)    

F. DEBARMENT AND SUSPENSION (E.O.s 12549 and 12689). This FSMC complies with and will continue to comply with debarment and suspension regulations at 7 CFR 3017. It hereby certifies that it has not been and its principal employees have not been parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, “Debarment and Suspension.” It also certifies that it is not and its principal employees are not now on such list and have not otherwise been declared ineligible or otherwise excluded by statutory or regulatory authority other than E.O. 12549. ___ (initials)

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   G . CLEAN AIR AND WATER. The FSMC now complies and will continue to comply with all

applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency (EPA) regulations. ___ (initials)

 H. CONSEQUENCES OF NONCOMPLIANCE. The FSMC certifies that it complies and will

continue to comply with all applicable requirements of all state statutes, federal laws, executive orders, regulations, policies, and award conditions governing provision of school meal and snack services. The FSMC understands and agrees that if it materially fails to comply with the terms and conditions of the grant award, the New Mexico Public Education Department Student Nutrition Bureau may withhold funds otherwise due until the FSMC comes into compliance or the matter has been adjudicated and the amount disallowed has been recaptured (forfeited). The PED may withhold up to 100 percent of any payment based on a monitoring finding, audit finding or pending final report. __ (initials)

I. BACKGROUND CHECK. The FSMC shall ensure that the SFA has the information it needs to perform a security background check on any FSMC employee working at a school or, if required to do so, will conduct the security background check at its own expense. ___ (initials)

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 CERTIFICATIONS  

 The  FSMC   has  signed   the  Certification   of   Independent   Price  Determination,   Attachment   A ,  which   is  incorporated   herein   by   reference   as   an   addendum   to   any  New  Mexico   school   food   service  bid/proposal   and  which   is   incorporated  and  made  part  of   any  New  Mexico   school   food   service  contract  awarded.    ___    (initials)    The  FSMC  has  signed   the  Certification   Regarding   Debarment,   Suspension,   Ineligibility,   and  Voluntary  Exclusion,   Attachment   B ,  which   is   incorporated   herein   by   reference   as   an   addendum   to  any  New  Mexico   school   food   service  bid/proposal   and  which   is   incorporated  and  made  part  of   any  New  Mexico  school  food  service  contract  awarded.  (Reference  2  CFR  §417.)    ___    (initials)    The  FSMC  has  signed   the  Lobbying   Certification,   Attachment   C ,  which   is   incorporated  herein  by  reference   as   an   addendum   to   any  New  Mexico   school   food   service  bid/proposal   and  which   is  incorporated   and   made   part   of   any   New   Mexico   school   food   service   contract   awarded.   If  applicable,   the   FSMC   has   also   completed   and   submitted   Standard   Form-­‐LLL,   Disclosure   Form   to  Report  Lobbying   (Attachment  D),  or  will  complete  and  submit  as  required.    ___    (initials)    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. ___ (initials)

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. ___ (initials)

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. ___ (initials)

 I  CERTIFY  that  the  information  supplied  on  this  application  is  true,  complete  and  correct  to  the  best  of  my  knowledge.  In  addition,  I  certify  that  I  am  the  person  authorized  to  act  on  behalf  of  the  FSMC  in  registration  with  the  State  of  New  Mexico  and  to  execute  contracts  with  any  New  Mexico  School  Food  Authority.   If   I   am   not   the   person   authorized,   I   am   the   person   authorized   to   sign   in   that   person’s  absence.  Any  false  statement  or  misrepresentation  may  be  punishable  by  law  (18  U.S.C.  1001).  

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   Name  of  FSMC  Official  submitting  registration  documents:  

Print  Name:    

Title:    

   

Signature:    

Date:          Name  of  person  to  notify  if  registration  documents  are  incomplete  or  incorrect:  

Print  Name:    

Title:    

Phone  number:    

Fax  number:    

E-­‐Mail:        

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ATTACHMENT  A  INDEPENDENT   PRICE  DETERMINATION  CERTIFICATE  

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INDEPENDENT   PRICE  DETERMINATION  CERTIFICATE    

I  certify  that,  by  signing  this  certificate  in  the  New  Mexico  FSMC  registration  process:    

  1.  

   

I  am  the   person   in   this   FSMC’s   organization   responsible   within   the   organization   for  the   decision   as   to   the   prices   being   offered   in   a   New   Mexico   school   meals  proposal   and   I   certify   that   this   FSMC   has   not   participated   and   wil l   not  participate   in   any   action(1)   restricting   competition   for   provision   of   New  Mexico   school   meals;   (2)   disclosure   of   prices   quoted   in   a   New   Mexico   school  meals   RFP   or   contract;   or   (3)   inducement   of   any   person   or   firm   to   restrict  competition  for  providing  New  Mexico  school  meals.  

 OR  

 

  2.  

   

I  am  not   the   person   in   this   FSMC’s   organization   responsible   for   the  decision   as   to  the   prices   being   offered   in   an   RFP   and/or   contract   for   New  Mexico   school  meals .     However,   I   have   been   authorized   in   writing   to   act   as   agent   for   the  persons   responsible   for   such   decision   to   cer t i fy   that   th i s   FSMC   has   not  par t i c ipated   and   w i l l   not   par t i c ipate   in   any   ac t ion   (1 )   restricting  competition   for   provision  of  New  Mexico   school  meals;   (2)   disclosure   of   prices  quoted  in  a  New  Mexico  school  meals  RFP  or  contract;  or  (3)  inducement  of  any  person  or  firm  to  restrict  competition  for  providing  New  Mexico  school  meals.  

   To   the   best   of   my   knowledge,   this   FSMC,   its   affiliates,   subsidiaries,   officers,   directors,   and  employees   are   not   currently   under   investigation   by   any   government   agency   and   have   not   in   the  last   three   years   been   convicted  of  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:    

       Authorized  Representative,  FSMC     Title     Date        

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ATTACHMENT  B  UNITED  STATES  DEPARTMENT   OF  AGRICULTURE  (USDA)  SUSPENSION   AND  

DEBARMENT   CERTIFICATION  

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 UNITED   STATES  DEPARTMENT   OF  AGRICULTURE  (USDA)  

SUSPENSION   AND  DEBARMENT   CERTIFICATION    

Certification   Regarding  Debarment,   Suspension,   Ineligibility,   and  Voluntary  Exclusion–  Lower-­‐Tier   Covered  Transactions  

 This   certification   is   required   by   the   regulations   implementing   Executive   Order   12549,   Debarment  and  Suspension,  Title  7  CFR  Part  3017,  2  CFR  §417,  responsibilities.   The  regulations   were  published  as   Part   IV   of   the   January   30,   1989,   Federal   Register   (pages   4722-­‐4733).   Copies   of   the   regulations  may  be  obtained  by  contacting   the  USDA  agency  with  which  this  transaction   originated.    

Instructions   for  Suspension   and  Debarment   Certification    1.     By   signing   and   submitting   this   form,   the   prospective   lower-­‐tier   participant   is   providing   the  

certification   set  out  on  the  reverse  side  in  accordance  with  these  instructions.    2.     The   certification   in   this   clause   is   a   material   representation   of   fact   upon   which   reliance   was  

placed   when   this   transaction   was   entered   into.   If   it   is   later   determined   that   the   prospective  lower-­‐tier   participant   knowingly   rendered   an   erroneous   certification,   in   addition   to   other  remedies   available   to   the   federal   government,   the   department   or   agency   with   which   this  transaction   originated   may   pursue   available   remedies,   including   suspension   and/or  debarment.  

 3.     The  prospective   lower-­‐tier   participant   shall  provide   immediate  written  notice   to  the  person   to  

whom  an  RFP  or   contract   for  New  Mexico   school  meals   is  submitted   if  at  any  time   the  prospective   lower-­‐tier   participant   learns   that   its   certification   was  erroneous   when   submitted  or  has  become  erroneous  by  reason  of  changed  circumstances.  

 4.     The   terms   covered   transaction,   debarred,   suspended,   ineligible,   lower-­‐tier   covered   transaction,  

participant,  person,   primary   covered   transaction,   principal,   proposal,   and  voluntarily   excluded,  as   used   in   this   clause,   have  the  meanings   set   out   in   the   Definitions   and   Coverage   sections   of  rules   implementing   Executive   Order  12549.  You  may  contact   the  person   to  which   this  proposal  is  submitted   for  assistance   in  obtaining   a  copy  of  those  regulations.  

 5.     The  prospective   lower-­‐tier   participant   agrees  by  submitting   this  form  that,  should  the  proposed  

covered   transaction   be   entered   into,   it   shall   not   knowingly   enter   into   any   lower-­‐tier   covered  transaction   with   a   person   who   is   debarred,   suspended,   declared   ineligible,   or   voluntarily  excluded   from   participation   in   this   covered  transaction,   unless   authorized   by   the   department  or  agency  with  which  this  transaction   originated.  

 6.     The  prospective   lower-­‐tier   participant   further   agrees  by  submitting   this   form   that  he  or  she  will  

include   this   clause   titled   Certification   Regarding   Debarment,   Suspension,   Ineligibility,   and  Voluntary   Exclusion—Lower-­‐   Tier   Covered   Transactions,   without   modification,   in   all   lower-­‐tier  covered   transactions   and  in  all  solicitations  for  lower-­‐tier   covered   transactions.  

 

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7.     A  participant   in  a  covered   transaction  may  rely  upon  a  certification   of  a  prospective   participant  in   a   lower-­‐tier   covered   transaction   that   is   not   debarred,   suspended,   ineligible,   or   voluntarily  excluded   from   the   covered   transaction,   unless   it   knows   that   the   certification   is   erroneous.   A  participant   may   decide   the  method   and  frequency   by  which   it  determines   the   eligibility   of   its  principles.   Each  participant  may,  but  is  not  required   to,  check  the  Nonprocurement   List.  

 8.     Nothing   contained   in  the  foregoing   shall  be  construed   to  require  establishment   of  a  system  of  

records   in   order   to   render   in   good   faith   the   certification   required   by   this   clause.   The  knowledge   and   information   of  a  participant   are  not  required   to  exceed   that  which   is  normally  possessed  by  a  prudent  person   in  the  ordinary  course  of  business  dealings.  

 9.     Except   for  transactions   authorized   under  paragraph   5  of  these   instructions,   if  a  participant   in  

a   covered  transaction   knowingly   enters   into   a   lower-­‐tier   covered   transaction   with   a   person  who   is   suspended,   debarred,   ineligible,   or   voluntarily   excluded   from   participation   in   this  transaction,   in   addition   to   other   remedies   available   to   the   federal   government,   the  department   or  agency  with  which   this  transaction   originated  may  pursue  available  remedies,  including   suspension   and/or  debarment.  

 The  prospective   lower-­‐tier   participant   certifies,   by  submission   of  this  proposal,   that  neither   it  nor   its  principals   are   presently   debarred,   suspended,   proposed   for   debarment,   declared   ineligible,   or  voluntarily   excluded   from  participation   in  this  transaction   by  any  federal  department   or  agency.    Where   the   prospective   lower-­‐tier   participant   is   unable   to   certify   to   any   of   the   statements   in   this  certification,  such  prospective   participant   shall  attach  an  explanation   to  this  proposal.        Organization   Name     PR/Award  Number  or  Project  Name        Name(s)  of  Authorized   Representative(s)     Title(s)  of  Authorized   Representative(s)        Signature(s)     Date      

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ATTACHMENT  C  LOBBYING  CERTIFICATION  

 

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LOBBYING  CERTIFICATION    

Applicable  to  Grants,  Subgrants,  Cooperative  Agreements,  and  Contracts  Exceeding   $100,000.00  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 subawards exceeding $100,000 in federal funds at all appropriate tiers and that all subrecipients shall certify and disclose accordingly.

   

Name/Address   of  Organization      

 Name/Title   of  Submitting  Official  

   

     Signature     Date  

   

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ATTACHMENT  D  STANDARD  FORM-­‐LLL  

 DISCLOSURE  OF  LOBBYING  ACTIVITIES  APPROVED  BY  OMB  

COMPLETE   THIS  FORM  TO  DISCLOSE   LOBBYING  ACTIVITIES   PURSUANT  TO  31  U.S.C.  1352  

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 DISCLOSURE   OF  LOBBYING   ACTIVITIES  APPROVED   BY  OMB  

COMPLETE   THIS  FORM  TO  DISCLOSE   LOBBYING   ACTIVITIES   PURSUANT  TO  31  U.S.C.  1352  

 This   disclosure   form   shall   be   completed   by   the   reporting   entity,   whether   subawardee   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   31U.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.  Use  a  Continuation   Sheet   for  additional   information   if  the  space  on  the  form   is  inadequate.  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  (OMB)   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   Charter,   if  known.  Check   then  appropriate   classification   of  the  reporting   entity  that   designates   if   it   is,   or   expects   to   be,   a   prime   or   subaward  recipient.   Identify   the   tier   of  the   subawardee;   e.g.,   the   first   subawardee   of   the  prime   is   the   first   tier.   Subawards   include,  but  are  not  limited   to,  subcontracts,   subgrants,   and  contract   awards  under  grants.  

 5. If   the   organization   filing   the   report   in   Item   4   checks   Subawardee,   then   enter   the   full   name,  

address,   city,   state,   and   zip   code   of   the   prime   federal   recipient.   Include   Congressional  Charter,   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  

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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  Item  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.

 b.     Enter   the   full  name  of  the   individual   performing   services,   and   include   full  address   if  

different   from  10a.  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   boxes   that   apply.   If   this   is   a   material  change   report,  enter  the  cumulative   amount  of  payment  made  or  planned   to  be  made.  

 12. Check   the   appropriate   item.   Check   all   items   that   apply.   If   payment   is  made   through   an   in-­‐

kind  contribution,   specify   the  nature  and  value  of  the  in-­‐kind  payment.    

13. Check  the  appropriate   box.  Check  all  boxes  that  apply.   If  other,  specify  nature.    

14. Provide  a  specific   and  detailed  description   of  the  services   that  the  lobbyist   has  performed,   or  will   be  expected   to  perform,  and   the  dates   of  any   services   rendered.   Include   all  preparatory  and   related   activity,   not   just   time   spent   in   actual   contact  with   federal   officials.   Identify   the  federal   officials   or  employees   contacted   or  the  officers,   employees,   or  Members   of  Congress  that  were  contacted.  

 15. Check  whether  Continuation   Sheets  are  attached.    16. 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   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  collection   of   information,   including  suggestions   for   reducing   this   burden,   to   the   Office   of   Management   and   Budget,   Paperwork  Reduction  Project   (0348-­‐0046),  Washington,   D.C.  20503.  

  111  

 STANDARD   FORM-­‐LLL  

 DISCLOSURE   OF  LOBBYING   ACTIVITIES  APPROVED   BY  OMB  

COMPLETE   THIS  FORM  TO  DISCLOSE   LOBBYING   ACTIVITIES   PURSUANT  TO  31  U.S.C.  1352  

 

1. Type of Federal Action:  a.  Contract  

 b.  Grant  

 c.  Cooperative   Agreement  

 e.  Loan  

9. Award Amount: (if known)  

$    

2. Status of Federal Action:  a.  Bid/Offer/Application  

 b.  Initial  Award  

c. Post/Award

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

3. Report Type: a. Initial Filing b. Material Change For  Material  Change  Only:  

Year Quarter Date:

b.  Individual   Performing   Services:   (including  address  if  different   from  No.  10a)  (Last  name,  first  name,  MI)  

 

4. Name and Address of Reporting Entity:  

Prime    Subawardee  

Tier if known: Congressional Charter, if known:

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

Actual  Planned

5. If Reporting Entity in No. 4 Is Subawardee, Enter Name and Address of Prime:

 Congressional   Charter,   if  known:    

12. Form of Payment: (check all that apply) a. Cash Nature   b. In-kind (specify) Value

6. Federal Department/Agency:    

7. Federal Program Name/Description:  

CFDA  Number,  if  applicable:      

13. Type of Payment: (check all that apply)  a.  Retainer    b.  One-­‐Time   Fee    c.  Commission  

 d.  Contingency   Fee  

  112  

8. Federal Action Number: (if known)    

 e.  Deferred    f.  Other:  (specify)    

     14. B

rief 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 Sheets if necessary)

 

15. Continuation Sheets Attached:  Yes    No  

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 evidence was placed by the 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 semiannually and will be available for public inspection. Any person who fails to file the required disclosures 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 Number: Date: