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HomeMy WebLinkAboutRes 03-13 WA Contract with Paper Plate Inc for hot lunches WESTLAKE ACADEMY RESOLUTION NO. 03-13 A RESOLUTION OF THE BOARD OF DIRECTORS OF WESTLAKE ACADEMY AUTHORIZING THE CEO TO ENTER INTO A CONTRACT WITH PAPER PLATE, INC. FOR HOT LUNCH CATERING SERVICES. BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE WESTLAKE ACADEMY: SECTION 1: That the Board of Directors of Westlake Academy does hereby authorize the CEO to enter into a contract with Paper Plate, Inc., for hot lunch catering services. SECTION 2; That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 25"' DAY OF AUGUST 2003. ATTEST: Scott Bradley, Chairman a Ginger Crosswy, Secretary Trent O. Petty, Chidrrxecutive Officer APPROVED AS TO FO r" L. Stanton L ,A orn WA Res 03-13 AGREEMENT FOR VENDED MEALS This Agreement, dated ,between Westlake Academy, hereinafter referred to as the School and Paper Plate, Inc., hereinafter referred to as the Vendor, authorizes the vendor to provide food service as follows effective as of September 8, 2003 through June 4, 2004 in accordance with the following conditions: I® Meal Requirements and Meal Services A, The Vendor will provide the following: i breakfast XX lunch snack. B. Meals will be available in—unitized form X bulk form—prepared on site X prepared off site. C. The Vendor will prepare meals which accommodate the special dietary needs of children as identified. These meals will be negotiated on an as-needed basis. D, No payment shall be made for meals that are spoiled or unwholesome at the time of service, do not meet the specifications as agreed by both parties, or do not otherwise meet the requirements of the agreement; however,provided that no deduction shall be made unless School shall give the Vendor written notification of the meal service for which the deduction is to be made, specifying the number of meals for which the School intends to deduct payment and setting forth the reasons for the deduction. School shall provide such notice no later than 3 days after the date the meal was served. The Vendor shall prepare and store at proper temperatures a sample meal for each meal served at the district for the number of days chosen for the written notification period, to serve as documentation of these criteria. E. The School X Vendor will be responsible for providing the employee(s) for the service of_breakfast X lunch snack at the School. If additional servers are necessary to accommodate the breakfast_X_lunch snack schedules, they shall be supplied by the School X Vendor at the expense of the X School Vendor. Cashier Service will be provided by the Vendor using the system provided by the school. Clean up of the kitchen—before_X_after the meal service will be the responsibility of the Vendor. Clean up of the cafeteria after the meal service will be the responsibility of the— X School–Vendor. F The Vendor must provide a contact person to be accessible within a maximum of ONE hour –from drop time and serving time if any problems arise: i.e., meals not meeting requirements, food not prepared to specifications, insufficient number of servings/meals, so that missing components/meals shorted may be delivered before serving time. G. The School X Vendor will develop the menus for each meal. Note: All menus developed by the Vendor must receive prior approval from the School before preparation/delivery. Menus shall be available to the school two weeks in advance of the month for which they are made. The school will approve and distribute to the students said calendars. H. The Vendor must not engage subcontractors to perform any services on-site at the school's facility without the prior written approval of the School. 11. Ordering and Delivery of Meals A. The breakfast_X_lunch—snack meal service will be _prepared on site_X_ delivered by the Vendor to the School site—ready for pick-up at the Vendor site by Time —for breakfast; by 11 AM for lunch; by Lme for snack. B. The School shall notify the Vendor by 3 business days before the beginning of the week the total number of meals needed for the next—X–week. The School shall provide the Vendor with a calendar of the days meals are required. C. The School must provide the Vendor with at least 5 days written notice of any change in the number of meals needed for example for school field trips D. The School_X–Vendor is responsible for cleaning transport containers after the meal service. The School_X- Vendor will X__pick-up return the food containers on the_X_same—next day. E. The Vendor is responsible for providing the agreed-upon meal service(s) each day the School is in session. F. A designee of the School must sign the delivery tickets. G Any changes or substitutions to approved menus must receive prior approval from the School, by the previous day approved by the Assistant to the Head of School. 111. Health and Sanitation A. The School and the Vendor agree that State and local health and sanitation requirements will be met at all times. B. All food will be properly stored,prepared,packaged,and transported at appropriate temperatures and free of contamination, in accordance with State and local health and sanitation requirements. C. Food handlers must be certified according to State and/or local health and sanitation requirements. D. Food items identified as perishable according to State and/or local health and sanitation requirements and which are left over from the School meal service must be destroyed. E. Vendor shall permit inspection by representatives from the School of the Vendor's facilities at any time during the agreement period. 2 IV. Equipment and Utensils A. The X School—Vendor shall famish and be responsible for repairs and maintenance for the school supplied kitchen equipment: B. The School_X_Vendor shall famish and be responsible for the utensils needed for daily operation and serving of the lunches.). V. Recordkeeping A. The School and the Vendor agree to maintain all records applicable to their responsibilities in this agreement for a period of five years from the end of this agreement period or longer as needed until all audit findings, claims, or litigation issues have been resolved. These records include but are not limited to meal counts, menus, food purchases, meal production records, recipes, nutrient information, and use of USDA Donated Foods, if applicable. B. The Vendor must provide a written description on each delivery ticket/site production.record regarding the meals prepared; including the amount prepared,the contribution toward each component, recommended serving portion and the number of meals prepared. VI. Fees/Charges for Meals The payment from the School for meals provided by the Vendor must be based upon the total cost per meal. Cost-plus-a-percentage-of-cost based agreements will not be allowed. The School agrees to pay the Vendor for meals provided according to the following schedule: Z:D XX Child Lunch Elementary School 195 Per meal Middle School $ 1.95 Per meal High School $ Per meal XX Adult Lunch same size portion(all schools) $ 1.95 Per meal Vendor invoices will be presented to the School for payment within seven days of the end of each month in which meals were served in the School. Invoices will be paid by the School within 10 days of the submission of the invoice by the Vendor, No School food service account funds shall be used for payment of interest or late fees. Interest or late fees charged to the School for late payment of invoices cannot exceed one percent of the balances of the invoice due, per month, as stipulated by State law. VII. Non-performance or Cancellation Rights A. Either party may cancel this Agreement with sixty days written notice. B. This Agreement may be canceled immediately if the School determines that the Vendor meal preparation facilities do not meet the health and sanitation requirements of the State and/or local health department. 3 C. In the event of a breach of the agreement, the non-breaching party shall give the breaching party written notice specifying the default, and the breaching party shall have thirty(3 0) days within which to cure the default. If the default is not cured within that time, the none breaching party shall have the right to then terminate this Agreement by giving the breaching party thirty(30) days written notice of its intention to terminate. D. This Agreement shall terminate in the event sufficient funds shall not be appropriated or made available for funding the operations of the School School. V1.11, Renewal Option Both parties have the option to renew this agreement for one year, each of the two consecutive years immediately following the first year of this agreement,provided there is no significant change in scope of services, value of the agreement or purpose from this current agreement. IX. Additional Terms: A. The Vendor shall provide the School with a copy of the Vendor's comprehensive liability insurance certificate, including the product liability insurance certificate demonstrating that the Vendor is adequately insured against injury to the Vendor's employees and to any participants in the meal service provided through this agreement who may incur loss or injury as a result of the acts of the Vendor or the Vendor's employees. B. To the extent allowed by law, each party agrees to hold harmless, defend and indemnify the other party from and against any claims, actions, costs, losses, damages or liability for injury arising out of their negligent or intentional acts or omissions or those of their respective officers, employees or agents pursuant to this Agreement. X. Signature IN WITNESS 'WHEREOF, the parties hereto have caused this Agreement to be executed by their duty authorized representatives as of the day and year written above, By: Westlake Academy By:_ School Vendor Name Trent Petty, CEO Authorized Representative (print) Authorized Representative (print) Signature Authorized Representative (date) Signature Authorized Representative (date) 4