Specifications include, but are not limited to: 4.1 The District shall retain control of the quality, extent and general nature of the food service program and prices to be charged for meals. 7 CFR 210.16(a) (4).; 4.2 The District shall be entitled to all receipts of the food service program.; 4.3 All gross income accruing to the District from the food service program shall remain in the program and be deposited by the FSMC into the school cafeteria fund accounts.; 4.4 The FSMC shall be an independent contractor and shall retain control over its employees and agents. The relationship between the District and the FSMC shall not be deemed to create a partnership, agency, joint venture or landlord-tenant relationship. The FSMC and none of the employees of the FSMC shall be considered employees of the District and the FSMC shall assume sole and exclusive responsibility for the payment of wages and all applicable employment taxes and insurance. The FSMC alone shall be responsible for the acts, omissions, conduct and/or control of any and all its personnel.; 4.5 The FSMC, as an independent contractor, shall have the exclusive right to operate the school food service program and/or special milk program.; 4.6 The FSMC shall receive for its service an administrative/management fee provided its operation results in a break-even or profitable operation.; 4.7 The FSMC shall comply with all state, local, and federal laws and regulations, including those requirements and regulations adopted by the Commissioner of Education, the United States Department of Agriculture, and any conditions or amendments thereto. (7 CFR Parts 210, 215, 220, 245, 250 and FSN Instruction and Policy).; 4.8 The District shall ensure that the food service operation is in conformance with the District’s agreement under the program.; 4.9 The District shall retain control of the nonprofit school food service account and overall financial responsibility for the nonprofit food service operation; and retain control for the establishment of all prices, including price adjustments, for meals served under the nonprofit school food service account, e.g., pricing for reimbursable meals, a la carte service including vending machines, and adult meals.; 4.10 The District shall monitor the food service operation through periodic on-site visits to ensure the food service is in conformance with program regulations. 7 CFR 210.16(a)(3).
