a. be an independent contractor and not an employee of the SFA. The employees of the FSMC are not employees of the SFA. b. implement an accurate point of service count using the counting system provided by SFA in its application to participate in the Child Nutrition Programs and approved by GaDOE for the sites listed in Exhibit A: Site Information and the programs listed above, herein, as required under USDA regulations. Counting system must eliminate the potential for the overt identification of free and reduced-price eligible students under USDA Regulation 7 CFR §245.8. Take reasonable cybersecurity and other measures to safeguard information including protected personally identifiable information (PII) and other types of information. This also includes information the Federal agency or pass-through entity designates as sensitive or other information the recipient or subrecipient considers sensitive and is consistent with applicable Federal, State, local and tribal laws regarding privacy and responsibility over confidentiality. c. operate SFA’s Food Service Program and shall include performance by FSMC of all the Services, described in this Contract, for the benefit of SFA’s students, faculty and staff. d. maintain all records necessary, in accordance with applicable regulations, for SFA, GaDOE and USDA to complete required monitoring activities and must make said records available to SFA, GaDOE, and USDA upon request for the purpose of auditing, examination and review. 7 CFR § 210.16(c)(1). e. cooperate with SFA in promoting nutrition education, health and wellness policies and coordinating SFA's Food Service Program with classroom instruction and must comply with SFA’s local wellness policy. f. comply with applicable federal, state and local laws, rules and regulations, policies, and instructions of GaDOE and USDA and any additions or amendments thereto, including USDA Regulation 7 CFR Parts 210, 220, 245, 250, 7 CFR 200.317-200.326; 7 CFR Part 215 (SMP), if applicable; and 7 CFR Part 225 (SFSP), if applicable; Section 19 of the NSLP Act (FFVP); and OMB Circulars, and the other laws described in the “Schedule of Applicable Laws,” and fully incorporated herein by reference. g. comply with all SFA building rules and regulations. h. provide additional food service such as banquets, parties, and refreshments for meetings as requested by SFA. SFA or requesting organization will be billed for the actual cost of food, supplies, labor, and FSMC’s overhead and administrative expenses if applicable for providing such service. USDA commodities shall not be used for these special functions unless SFA’s students will be primary beneficiaries. (Reference All State Directors’ Memo 99-SNP-14.) i. agree to operate the Program according to federal, state, and local regulations in the event that the RFP requires FSMC to provide management services for SFA’s SFSP or Seamless Summer option (SSO).
