HomeMy WebLinkAboutRes 11-14 WA Approving a Contract with Victual for Food Service WESTLAKE ACADEMY
RESOLUTION NO. 11-14
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 Victual, LLC
to provide lunch services for students wishing to purchase a prepared meal during the school
day; and,
WHEREAS, the contract with Victual, 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, Victual, 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 Victual, 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 Victual, LLC, unless there is a significant change in their scope of
services, cost/pricing, quality, or ownership of Victual, 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.
SECTION 4: That this resolution shall become effective from and after its date of
passage.
WA Resolution 11-14
Page 1 of 2
PASSED AND APPROVED BY THE . BOARD OF TRUSTEES OF WESTLAKE
ACADEMY, A CHARTER SCHOOL OF THE STATE OF TEXAS, ON THE 15' DAY
OF AUGUST 2011.
Laura Wheat, President
ATTEST:
Kelly dward Board Secretary Thomas E. , Su erintendent
APPROV ORM:
L. an ton L ry r et S. Bubert,
School Attorney
WA Resolution 11-14
Page 2 of 2
O_V.ictual.
Fo -d,For HeAtf1,.:y Li ui wg
Food Service Agreement Between
Westlake Academy and Victual, LLC
This Agreement is made by and between Westlake Academy,2600 Ottinger Road,Westlake,Texas,referred to herein as the
"School", and Victual,LLC, 8245 Precinct Line Rd.,Suite 110,North Richland Hills,Texas,referred to herein as"Victual",as of the
date provided below.
Whereas,the School desires to retain Victual as the exclusive manager and operator of the School's food service operations,and
Whereas, Victual 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 1,2010. 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
1. Victual and the School agrees that Victual 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, Victual will be given a 24 hour
notice.
2. Victual will supervise the use of all kitchen equipment and see to it that all Victual 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. Victual will be responsible for any damage caused to the equipment by any Victual 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 Victual for use in the operation of the food service program. Victual
will provide a separate inventory of all equipment and small wares owned by Victual 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.Victual
shall retain ownership of equipment and small wares used in the food service program provided by Victual.
Exhibit A
WA Resolution 11-14
4. The School agrees that Victual 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 Pizza Day once a month and Student Council Ice Cream Day once a week.
5. Victual 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.Victual 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 Victual and the dry and
refrigeration storage used by Victual. In addition to applicable health standards,no private food belonging to faculty, student
body,or employees of Victual shall be stored in refrigerated or dry storage areas used by Victual for the food service
program.
6. The School shall have the right of inspection of all food areas, storage and auxiliary service rooms under the management of
Victual 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
Victual agrees to comply with such regulations. An authorized representative of the School shall have full right of access to
said premises at all times.
7. Victual 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.
S. At a date and time to be determined by the School,Victual will be available to present the lunch program to parents and
faculty.
C. Management and Personnel
1. Victual is an independent contractor to the School,and employees to Victual are not employees of the school.
2. The school may request the removal of any Victual employee for cause.
3. Victual will maintain one cashier and two servers to ensure quality of service.
4. Victual acknowledges that a certificate of liability and/or worker's comp insurance will be provided to the School for those
employees of Victual who step foot on School premises to perform or deliver services. Victual 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 software, Student accounts can be paid online via DINERITE or in cash to
Victual.
2. Victual will have sole responsibility for assessing and collecting payments from all students and faculty. Victual will be
responsible for responding to parents or faculty regarding service or billing matters.
3. Victual 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$0.75 except on Pizza days and Hamburger day.A-La-Carte items will be available with varying prices. Any price
increase proposed by Victual must be approved by the School.
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.
7. Funds must 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 be provided with a lunch and a charge will be po�ted in, eiRt In the
WA Resolution
event the same student does not have funds a second time they will be asked to call their parent to provide a lunch.
8. Victual agrees to pay the school$300.00 per month from lunch program sales. This payment will be paid on every first of
the mouth during the school period beginning August 15,2011 thru May 1st,2012.
9. The Free Lunch Program at the school will be jointly funded by Victual and the School. The School will be responsible for
50%of the cost of any Hot Plate Lunch under this program.
10. Victual will give the School access to the lunch program financial statements.
E. Insurance
Victual 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 attorney,but who shall not be the same
individual who served as mediator. Victual 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.
Victual Representative Westlake Representative
Date o&—,f— Date F-4 r
Print Name S C4,1'7 r t-14- Print Name: Thomas E.Brymer
Signature Signature
Title Title Superintendent
Phone:817-485-7755 • Far:817-485-7750 • 8245 Precinct Line Rd.,Suite 110, North Richland Hills,TX 76180 • 5^L'wmusV1Ctual.conl
Exhibit A
WA Resolution 11-14