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
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Ginger Crosswy, Secretary Trent O. Petty, Chidrrxecutive Officer
APPROVED AS TO FO
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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.
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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.
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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)
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