Author:

Senator Adam French

Sponsors:

Senator Tiffany Roemer

Senator Kyle Nathan

Senator Abel Valencia

Senator Gabriel Garcia

Senator Joseph Allen

Senator Sarah Hadley

Senator Steven Arnold

Senator AJ Degarmo

Senator Katie McElmurray

Senator Sebastian Raisanen

Senator Lauren Redman

Senator Maxfield Baker

Senator Shanna Schultz

Senator Taylor Smith

Senator John Paine

Senator Tabitha Mullins

Senator Caitlin Hagans

Senator Kurt Fulkerson

Senator Marissa Cantu-Harkless

Senator Tommy Aguilar

Senator Annette Hernandez

S.R.F 2010-2011/10

Date of First Reading:November 8th, 2010

“Free Refills Act of 2010”

WHEREAS:the Associated Student Government serves to effectively represent the students of TexasState University-San Marcos and;

WHEREAS: the Associated Student Government takes great interest in the contracts the University signs that ultimately impact the students of Texas State University- San Marcos; and

WHEREAS:one of the contracts recently signed was for an extension of the 1998 contract made with Chartwells, a subsidiary of Compass Group USA, Inc.; and

WHEREAS:upon further review, it became clear that certain services as dictated by the 1998 contract and recently extended to a re-evaluation date of May 31, 2023 were not being provided to students as per the contract; and

WHEREAS:one of the aforementioned services being denied to students is their right to free refills with all meal equivalency options as stated in Article III, Section 3, Subsection 04 of the Dining and Food Services Agreement (“Meal equivalency options are to be offered as “special meal packages” to be available at all cash operation stations as determined by SWT and to be rotated on a mutually agreeable basis. Appropriate portions and nutritionally balanced meals are to be offered. Drinks should be refilled as part of meal rate. Contractor will submit options for SWT’s review and approval with menu cycles at least 60 days before the beginning of each semester.); and

WHEREAS:free refills are not currently offered as part of the meal equivalency options at Jones Dining Hall as per the requirement of the contract; and

WHEREAS: the only response provided by Chartwells as to why free refills are not currently afforded to students at Jones Dining Hall as part of a meal equivalency option is two-fold:

(1)The belief by Chartwells that the word “should” in the aforementioned contract section means that they are only advised to do so and are not required and

(2)The belief of Chartwells and Auxiliary Services, that due to a lack of adherence to this contract provision at the start of the contract in 1998 there is no longer a necessity to adhere to this provision within the contract.; and

WHEREAS:it is the belief of the Associated Student Government

that the word “should” within the confines of this

contract, and any contract, means (according to legal

precedence) what is probable or expected; and

WHEREAS: it is also the belief of the Associated Student

Government that a lack of adherence to the contractual

obligations in the past or present constitutes a

breach of Chartwells contractual obligation with the

University; and

WHEREAS:it is the Associated Student Government’s

responsibility to advocate for the students’ voices in

regards to any violation that materially impacts the

very students we represent; therefore

BE IT RESOLVED:that the Associated Student Government insist that Chartwells abide by the contract it signed with the University and provide free refills with any meal equivalent purchase at Jones Dining Hall, as per the Dining and Food Services Agreement; and

BE IT FURTHER RESOLVED: that if Chartwells chooses to languish

or deny implementation of this

declaration, the Associated Student

Government on behalf of the students of

Texas State University- San Marcos will

use other options to remedy such issues;

and

BE IT FURTHER RESOLVED:that this legislation be forwarded to

Allen Reed of the University Star,

President of the Residence Hall Association Taylor Smith, Resident District Manager of ChartwellsLeslie Bulkley, the Corporate Offices of

Chartwells, University Attorney Bill

Fly, Attorney for Students Shannon

Fitzpatrick, Director of Auxiliary

Services John Root, Director of Housing

and Residence Life Dr. Rosanne Proite,

ASG Advisor Kathy Weiser, Dean of

Students Dr. Margarita Arellano, Vice
President for Student Affairs Dr. Joanne

Smith, President Denise Trauth, and

Chairman of the Board of Regents Ron

Blatchley.