Specifications include, but are not limited to: A. The Food Service Management Company (FSMC) shall operate in conformance with the School Food Authority’s (SFA) National School/Commodity Distribution, Special Milk, Summer Food Service, Afterschool Snack, Child and Adult Care Food Program, Fresh Fruit and Vegetable Program, and Breakfast Programs Permanent Agreement with the Michigan Department of Education (MDE) and attachments. B. The FSMC, as an independent contractor, shall have the exclusive right to operate the Child Nutrition Programs in which the SFA participates. Child Nutrition Programs include the National School Lunch Program (NSLP), and/or School Breakfast Program (SBP), and/or Special Milk (SMP), and/or Summer Food Service Program (SFSP), and/or the Child and Adult Care Food Program (CACFP), and/or Fresh Fruit and Vegetable Program (FFVP). C. The FSMC shall be an independent contractor and, except as otherwise expressly stated herein, not an SFA agent or representative. The employees of the FSMC are not employees of the SFA. All FSMC employees shall remain directly accountable to the FSMC for the duration of this contract. Except as otherwise expressly stated in this agreement, the FSMC has the sole responsibility and authority to hire, assign, supervise, evaluate, and discipline any personnel assigned by it in the performance of this contract. D. The food service provided shall be operated and maintained as a benefit to the SFA’s students, faculty, and staff. E. All income accruing as a result of payments by children and adults, federal and state reimbursements, and all other income from sources such as donations, special functions, grants, loans, etc., shall be deposited in the SFA’s food service account. Any profit or guaranteed return shall remain in the SFA food service account. The SFA and the FSMC agree that this contract is neither a “cost‐plus‐a‐percentage‐of‐income” nor a “cost‐plus‐a‐ percentage‐of‐cost” contract, as required under 7 CFR 210.16 (c), 2 CFR 200.323(d). F. The SFA shall be legally responsible for the conduct of the food service program, and shall supervise the food service operations in such a manner as will ensure compliance with the rules and regulations of the MDE and the United States Department of Agriculture (USDA) regarding each of the Child Nutrition Programs covered by this contract. [7 CFR 210.16 (a)(2)] G. The SFA shall retain all control of the Child Nutrition Programs food service account and overall financial responsibility for the Child Nutrition Programs. H. The SFA shall establish all selling prices for reimbursable and non‐reimbursable meals/milk and a la carte prices.