Attachment I

LICENSE FOR CATERING SERVICES

This agreement is made this ______ day of _____ , 2008, between Texas State University-San Marcos, called "Texas State" in this agreement, and __________________, called the "Contractor" in this agreement.

1. Background

1.01. Sponsors of business meetings and social functions sometimes use Texas State’s facilities for these events. At times these sponsors desire catering services for these occasions. Texas State is interested in maintaining a high quality of catering services at events held on its campus, and desires that these catering services operate in a clean, orderly, healthy and legal manner.

1.02. Texas State maintains a list of approved caterers authorized to cater events in its facilities. This license agreement authorizes the caterer to use Texas State's facilities when asked by the sponsor of an event, and sets forth the responsibilities of the caterer and Texas State in these circumstances.

2. Definitions

2.01. Catering services include providing food and non-alcoholic beverages at social, business, and professional functions held on Texas State's campus, such as parties, teas, coffees, receptions, and dinners.  It also includes any delivered consumable goods that could reasonably be considered a meal or reception regardless of whether the caterer is serving or simply delivering the product to a point on campus.

2.02. Policies for the sale, service and consumption of alcoholic beverages at events held on campus will remain subject to UPPS No. 05.03.03, Alcoholic Beverage Policy and Procedure.

2.03. Non-alcoholic beverages served by caterer are required under an agreement between Texas State and Coca-Cola Company to be Coca-Cola products as shown in Attachment II at any location on the Texas State campus in which a catered event is held. Non-alcoholic beverages which are exempt from this condition are as follows:

Branded or unbranded freshly brewed coffees
Unbranded freshly brewed teas
Branded or unbranded herbal tea sold in a bag and made by the consumer
Milk, flavored milk
Non-alcoholic Beer
Tap water
Juice squeezed fresh on the premises, juice drinks made fresh on the premises
Hot chocolate
Smoothies
Yogurt based drinks
Margarita, piña colada, bloody Mary, and similar alcoholic drink mixes
Club soda, tomato or V-8 Vegetable Juice

 

2.04. Catering services do not include any function at which the caterer handles cash sales to participants.

2.05. Texas State may review requests to provide catering services in order to determine compliance with this license agreement.

3. Grant of License

3.01. Texas State grants the Contractor a non-exclusive license to provide catering services at social, business, and professional events held on Texas State's campus, under the terms of this agreement.

4. Term

4.01. This agreement shall begin on the ____ day of __________________, 2008, and continue through August 31, 2009, unless sooner terminated as provided in this agreement.

5. Insurance and Indemnity

5.01. The Contractor will furnish and maintain in force during the term of this agreement the following insurance:

 

a. Public liability insurance in Contractor's name, naming Texas State as an additional insured, in the minimum amount of $125,000.00 for each person and $250,000.00 for each single occurrence for bodily injury or death, and $50,000.00 for each single occurrence for injury to or destruction of property.

b. The Contractor will furnish Texas State's Director of Auxiliary Services certificates evidencing the existence of this insurance.

5.02. The Contractor agrees to indemnify and hold Texas State harmless from all claims arising out of Contractor’s services pursuant to this letter.

6. Cost of Operation

6.01. The Contractor will provide, at its expense, the following:

 

a. Food and beverage to be served;

b. The management, personnel, and labor to be used by the Contractor to meet its obligations under this agreement, and the salaries and fringe benefits due its employees.

c. Linens, dishes, utensils, and uniforms for its personnel to satisfactorily perform Contractor's duties under this agreement;

d. Custodial services and supplies;

e. Collection, disposal and removal of garbage and trash from Texas State's premises immediately upon termination of the function;

f. Licenses and permits which may be required by federal, state, county, or city government for Contractor to perform its services under this agreement;

g. Payment of sales and other taxes on monies collected by Contractor; and

h. Cost to repair of replace Texas State's plumbing, electrical fixtures, and other property damaged by Contractor's negligence.

6.02. Texas State will provide, at its expense, the following:

 

a. Water, gas and electrical utilities for Contractor's operations; and

b. The facility on Texas State's campus at which the event is held.

7. Facilities

7.01. Texas State is not required to furnish the Contractor any equipment, nor make any physical alterations of its facilities or equipment.

7.02. Texas State does not guarantee an uninterrupted supply of water, gas or electrical current, nor does Texas State guarantee uninterrupted service in providing any utilities. Texas State shall not be liable to the Contractor or to others for any loss, damage, cost or expense which may result from the interruption or failure of any utility service.

7.03. Texas State's Facilities Department will make any repairs to the premises caused by the negligence of the Contractor or its employees and will bill the Contractor. The Contractor will promptly pay this bill.

7.04. The Contractor shall not sublease or assign this contract or any portion of Texas State's facilities.

7.05. Texas State's regular food service contractor has exclusive use of certain facilities. Contractor may not use the following locations or any other location used exclusively by Texas State's regular food service contractor:

Jones Diner                           Jones Cafeteria
The Lair All Kitchens            University Club
JCK Lounge                          Lyndon’s 
Commons Cafeteria             The Den
Harris Cafeteria (upper level)
11th Floor, J.C. Kellam Building (Reed Parr)
               

8. Personnel

8.01. Texas State is not bound by any labor union contract affecting contractor's employees.

8.02. Contractor will not illegally discriminate against any person on any basis prohibited by law. The Contractor will provide Texas State written assurance of its intent to comply with this provision.

8.03. The Contractor will have its employees assigned to duty on Texas State's campus submit to periodic health examinations at least as frequently required by law. Contractor shall, upon request, submit to Texas State satisfactory evidence of compliance with all health regulations.

9. Cleanliness and Sanitation

9.01. The Contractor will keep all of the premises under its control, and all furniture, fixtures and equipment therein, in a clean and sanitary condition and will promptly replace all loss and breakage, and at the expiration of each event surrender the same to Texas State in as good condition as the facilities and equipment were in at the beginning of the event, reasonable wear and tear and loss and damage by act of God excepted.

9.02. Texas State may inspect the facilities and equipment under Contractor's control with respect to the quality and quantity of food and beverages served, the method of service, and generally with respect to safety, sanitation and the maintenance of the premises, all of which will be maintained in a manner satisfactory to Texas State. Texas State has the right to make reasonable regulations with regard to all of these matters, and the Contractor agrees to comply with those regulations.

9.03. Contractor will adhere to all Texas State, federal, county, city, and state health and sanitation regulations.

10. Records

10.01. Texas State's representative and representatives of the State Auditor will have access during normal business hours to the Contractor's financial records insofar as they apply to Contractor's duties under this license. Contractor will maintain these records for at least three (3) years.

11. Termination of Agreement

11.01. If the Contractor fails to maintain the insurance required by this agreement Texas State shall have the right to terminate this agreement immediately and without notice. If the Contractor fails to carry out any of the other terms and conditions of this agreement, or to comply with any regulations adopted by Texas State, then Texas State may notify the Contractor of such failure or default and demand that it be remedied within ten (10) days. If the Contractor fails to remedy the problem within ten (10) days, Texas State may cancel this agreement without further notice.

11.02. Either party may terminate this agreement at any time by giving the other sixty (60) days advance written notice.

12. Fiscal Arrangements

12.01. A Notification of Catered Event, as attached in the License, will be submitted for each event through proper University channels to assure that commission is remitted by the Contractor when due under the provisions of 12.03.

12.02. The Contractor agrees to pay Texas State 12.75% in all university facilities of its gross receipts from persons or entities sponsoring events in Texas State's facilities.

The Contractor's payments must be made to Texas State's Director of Auxiliary Services, Room 820, J.C. Kellam Building, not later that 2:00 p.m. of the first working day after the date on which the event was held.  The payments must be accompanied by the corresponding invoice for that event.

12.03. As used in this agreement, the term "gross receipts" means the overall total amount Contractor receives from its services, except sales taxes.  The contractor is responsible for ensuring that it is quoting a price per person that includes the commission due the University.  Additionally any delivery, catering or other administrative cost must be included in the per person quote given to the client.  The invoice that is presented to the University department must include all charges in a total sum that is then computed to a price per person.  Any invoices that breakout line item charges for commissions, delivery, set-up, etc. will be considered a violation of this contract and could result in the termination of this agreement.

13. Choice of Law and Venue

13.01. The agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Hays County, Texas.

 
 
        SIGNED AND DATED the day and year first above written.
 
TEXAS STATE UNIVERSITY
-SAN MARCOS                                                               CONTRACTOR
 
By:  __________________________                         By:_______________________
William A. Nance
Vice President for Finance and Support Services    Authorized Agent 
 

Notification Catered Event
 
1.  Caterer________________________________________________________
 
2.  Event_________________________________________________________
 
3.  Date of Event____________________________Time___________________
 
4.  Location_______________________________________________________
 
5.  Date & Time Caterer Will Be On Campus_____________________________
 
6.  Sponsoring University Department__________________________________
 
7.  Type of Service  ( )Breakfast  ( ) Lunch  ( ) Dinner  ( ) Reception
 
8.  Expected Attendance____________________________________________
 
9.  Contact Person_________________________________________________
 
10.  Telephone Number_____________________________________________
 
11.  Method of Payment  ( ) University Purchase Order*
                        ( ) Cash**
 
12.  Estimated Payment_____________________________________________
 
 
 
________________________________________________________________   
University Department Sponsor                                   Date
(Account Manager, If Purchase Order)
 
 
________________________________________________________________
Caterer                                                                              Date
 
 
________________________________________________________________
Director of Auxiliary Services                                        Date
 
*Caterer is obligated to return 12.75% to the University by agreement if the event is by an adult non-university sponsored group through Continuing Education.
 
**Caterer is obligated to return 12.75% to the University by agreement unless listed with the Office of Student Organizations and Greek Affairs.