HomeMy WebLinkAboutRes 12-21 WA Approving a contract with Viandas Food for food service WESTLAKE ACADEMY
RESOLUTION NO. 12-21
A RESOLUTION OF THE BOARD OF TRUSTEES OF WESTLAKE ACADEMY
AUTHORIZING THE SUPERINTENDENT TO EXECUTE A CONTRACT 'WITH
VICTUAL, LLC FOR FOOD ;SERVICES RELATED TO OPERATION OF WESTLAKE
ACADEMY.
WHEREAS, Westlake Academy presently utilizes the catering services of Viandas
Food LLC, previously known as Victual, LLC to provide lunch services for students wishing to
purchase a prepared meal during the school day; and,
WHEREAS, the contract with Viandas Foods, LLC is reviewed annually by the
Superintendent or his delegate, said review is primarily operational/administrative in nature, and
the most recent review has found the current vendor, Viandas Foods, LLC, to be providing good
food catering service at reasonable pricing for Westlake Academy; and,
WHEREAS, the Board of Trustees finds that the passage of this Resolution is in the best
interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake
Academy.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE
WESTLAKE ACADEMY, TEXAS:
SECTION 1: The above findings are hereby found to be true and correct and are
incorporated herein in its entirety.
SECTION 2: The Board of Trustees of the Westlake Academy hereby approves this
resolution approving the contract with Viandas Foods, LLC relating to the food catering services
at Westlake Academy, attached hereto as Exhibit "A", and authorizes the Superintendent to
execute this agreement. The Board further authorizes the Superintendent to execute future
renewal contracts with Viandas Foods, LLC, unless there is a significant change in their scope of
services, cost/pricing, quality, or ownership of Viandas Foods, LLC, thus requiring a new
contract with a new vendor to be approved by the Board of Trustees.
SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid
by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Board hereby determines that it would have adopted this Resolution without the
invalid provision.
WA Resolution 12-21
Page 1 of 2
SECTION 4: That this resolution shall become effective from and after its date of
passage.
PASSED AND APPROVED BY THE BOARD OF TRUSTEES OF WESTLAKE
ACADEMY, A CHARTER SCHOOL OF THE STATE OF TEXAS, ON THE 10th DAY
OF SEPTEMBER 2012.
Laura Wheat, President
ATTEST:
Kelly A
Edw rds, Board Secretary Thomas E. Brymer, uperintendent
APPROVE TO
L. Stanton Lo o t S. Bubert,
School Attorney
WA Resolution 12-21
Page 2 of 2
'Viandas Food- LLC. 9t
Food Service Agreement Between
Westlake Academy and Viandas Food, LLC
This Agreement is made by and between Westlake Academy,2600 Ottinger Road,Westlake,Texas,referred to herein as the
"School",and Viandas Food,LLC,809 Santa Fe Keller,TX 76248,referred to herein as"Viandas Food",as of the date provided
below.
Whereas,the School desires to retain Viandas Food as the exclusive manager and operator of the School's food service operations,and
Whereas,Viandas Food is capable of preparing and serving a variety of high quality,wholesome and nutritious foods,beverages,and
snacks for the students and faculty of the School on behalf of and as directed by the School.
Now,therefore,in consideration of the premises,and in consideration of the mutual agreements hereinafter specified,the parties agree
as follows:
A. Terms of Agreement. The term of this Agreement is for one year commencing on the effective date of August I st.2012. In the
event that either party decides to cancel this Agreement,a sixty(60)day notice must be submitted in writing from the party wishing to
terminate. After one year,both parties will meet and decide whether or not to continue.
B. Food Service
I. Viandas Food and the School agrees that Viandas Food will provide food services to the school including the sale of meals
and on-campus catering services for the students, faculty,and school organizations of the School_ In the event that the school
allows other catering businesses or school organizations to occupy the School kitchen after serving hours,Viandas Food will
be given a 24 hour notice.
2. Viandas Food will supervise the use of ail kitchen equipment and sae to it that all Viandas Food employees exercise due care
and safety in the proper use of such equipment. The School will be responsible for the costs of repairing any of the
equipment owned by the School. When it is determined by the School that equipment is in need of replacement,the School
agrees to replace the needed equipment. Viandas Food will be responsible for any damage caused to the equipment by any
Viandas Food employee due to abuse,neglect,or mishandling of the equipment_
3. The School shall provide a complete inventory of equipment owned by the School prior to implementation of this contract,
and shall retain ownership of all equipment provided to Viandas Food for use in the operation of the food service program.
Viandas f=ood will provide a separate inventory of all equipment and small wares owned by Viandas Food for use in the
operation of the food service program,and shall solely be responsible for maintenance and inventory of said equipment and
small wares. Viandas Food shall retain ownership of equipment and small wares used in the food service program provided
by Viandas Fond.
Resolution WA 12-21
7. Funds trust be available in a student's account for a student to charge items to their account. In the event that a student does
not have money to pay for their lunch they will he provided with a lunch and a charge will be posted on the account. in the
event the same student does not have funds a second time he/she will be asked to call their parent to provide a lunch.
8. Viandas Food agrees to pay the school$350.00 per month from lunch program sales. This payment will be paid on every
first of the month during the school period beginning September 1 st,2012 thnt June I st,2013.
9. The Free Lunch Program at the school will be jointly funded by Viandas Food and the School. The School will be
responsible for 50%of the cost of any Hot Plate Lunch under this program.
10. Viandas Food will give the School access to the lunch program financial statements.
E. Insurance
Viandas Food shall maintain and provide to the School proof of Commercial General Liability and Product Liability in the
amount of$1,000,000 in the form of a Certificate of insurance,
F. Miscellaneous
1. This Agreement shall be construed under and in accordance with the laws of the State of Texas.
2. in any case,if any one or more of the provisions contained in this Agreement shall be for any reason held invalid,illegal or
unenforceable in any respect,such shall not affect any other provision hereof,and this Agreement shall be construed as if
such invalid, illegal or unenforceable provision had never been contained herein.
3. Dispute Resolution Procedure: Any claim or controversy arising out of or relating to this Agreement which cannot be
resolved by mutual agreement of the parties,shall first be submitted to mediation in Tarrant County,Texas,utilizing the
services of a mutually agreed upon mediator who is an attorney. In the event that mediation is not successful at resolving the
claim or controversy,the parties agree to submit the claim or controversy,in lieu of litigation,to final and binding arbitration
in Tarrant County,Texas, before a mutually agreed upon arbitrator who is an attomey,but who shall not be the same
individual who served as mediator. Viandas food and the School agree that either party must request arbitration of any claim
or controversy within sixty(60)days of the date that the claim or controversy first arises,by given written notice to the other
party of the party's request for arbitration. Failure to effectively communicate the Arbitration Notice within the time
limitation set forth in this section shall constitute a waiver of the claim or controversy.
Viandas Food Representative Westlake Rcprcsentative
Date !9— /D , /;L Date R--1-!6` t?-
Print Narne / A-&-Aft /34CA*"vs1e Print Nanc _�b r\jme-r
Signature " Signature !
Title sIt-g- Title
Phone:817-312-81113 • Fax:817431-5743 P.O.Box 2464 Keller,TX 76244 wrrw Viandas Fo€d,ctmi
Resolution WA 12-21
4- The School agrees that Viandas Food will be the only food service provider during school lunch hours. Thus, there will be
no competition between school organizations,such as bake sales,etc.,during school lunch hours,with the exception of
Student Council Pura Day once a month. Any other request must be submitted in writing or email to Viandas Food 1 week
prior to the event.
5. Viandas Food will be responsible for general housekeeping and sanitation of the food service preparation area and service
area,including washing and sanitizing all dishes,utensils, flatware,glasses, pots,pans,trays,food service related equipment,
counters and floor area of kitchen and service areas. Viandas Food will be responsible for applicable health standards and
permits,and city and county regulations pertaining to sanitation and food storage for the equipment used by Viandas Food
and the dry and refrigeration storage used by Viandas Food. In addition to applicable health standards,no private food
belonging to faculty,student body,or employees of Viandas Food shall be stored in refrigerated or dry storage areas used by
Viandas Food for the food service program.
& The School shall have the right of inspection of all food areas,storage and auxiliary service rooms under the management of
Viandas Food with respect to the quality and quantity of food service,the method of service,opening closing hours,and
generally with respect to use,safety,sanitation and the maintenance of said premises,all of which shall be maintained at a
level satisfactory to the School. The School will have the right to make reasonable regulations with regard to such matters,
and Viandas Food agrees to comply with such regulations. An authorized school administrator shall have full right of access
to said premises at all times.
7. Viandas Food shall break down and place rubbish and garbage in containers placed and supplied by the School in the
designated areas. The School shall be responsible for trash removal and pest control.
$. At a date and time to be determined by the School,Viandas Food will be available to present the lunch program to parents
and faculty.
C. Management and Personnel
1. Viandas Ftmd is an independent contractor to the School,and employees to Viandas f=ood are not employees of the school.
2. The school may request the removal of any Viandas Food employee for cause.
3. Viandas Food will maintain one cashier and two servers to ensure quality of service.
4. Viandas Food acknowledges that a certificate of liability and/or worker's comp insurance will be provided to the School for
those employees of Viandas Food who step foot on School premises to perform or deliver services. Viandas Food employees
are not to be allowed on premises before appropriate documentation has been provided.
D. Financial
1. All student accounts will be kept on DINERITE DRX software. Student accounts can be paid online via DINERITE DRX or
in cash to Viandas Food.
2. Viandas Food will have sole responsibility for assessing and collecting payments from all students and faculty. Viandas
Food will be responsible for responding to parents or Faculty regarding service or billing matters.
3. Viandas Food will offer Kindergarten a small hot plate lunch for$3.75(includes packaging and delivery). Grades One(1)
through Twelve(12)will pay$3.75 for a hot plate lunch. Both hot plate lunches will include a carton of milk or bottled
water. Grades Five(5)through Twelve(12)who purchase a hot plate lunch will have the opportunity to purchase a second
helping for$4.75 except on Pizza days and Hamburger day.A-1 a-Carte items will be available with varying prices. Any
price increase proposed by Viandas Food must be in agreement with the school administrator.
4. All Faculty will be given a daily discount price of$3.75 for a hot plate lunch.
5. The school will provide cups for drink water.
6, The School will provide the necessary documentation to show sales tax exemption status.
Resolution WA 12-21