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.
1.01.
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.
2.01.
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 coffeesUnbranded freshly brewed teasBranded or unbranded herbal tea sold in a bag and made by the consumerMilk, flavored milkNon-alcoholic BeerTap waterJuice squeezed fresh on the premises, juice drinks made fresh on the premisesHot chocolateSmoothiesYogurt based drinksMargarita, piña colada, bloody Mary, and similar alcoholic drink mixesClub 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.
3.01. 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.
4.01. This
agreement shall begin on the ____ day of __________________, 2008, and continue
through August 31, 2009, unless sooner terminated as provided in this
agreement.
5.01. 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.
6.01. 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.
7.01. 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 CafeteriaThe Lair All Kitchens University ClubJCK Lounge Lyndon’s Commons Cafeteria The DenHarris Cafeteria (upper level)11th Floor, J.C. Kellam Building (Reed Parr)
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.
9.01. 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.
10.01. 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.
11.01. 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.
12.01. 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.
13.01. 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. NanceVice 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.