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Author:Senator Adam French
Sponsors:Senator Tiffany RoemerSenator Kyle NathanSenator Abel ValenciaSenator Gabriel GarciaSenator Joseph AllenSenator Sarah HadleySenator Steven ArnoldSenator AJ DegarmoSenator Katie McElmurraySenator Sebastian RaisanenSenator Lauren RedmanSenator Maxfield BakerSenator Shanna SchultzSenator Taylor SmithSenator John PaineSenator Tabitha MullinsSenator Caitlin HagansSenator Kurt FulkersonSenator Marissa Cantu-HarklessSenator Tommy AguilarSenator Annette Hernandez
S.R.F 2010-2011/10Date of First Reading: November 8th, 2010
“Free Refills Act of 2010”
WHEREAS: the Associated Student Government serves to effectively
represent the students of Texas State 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 Chartwells Leslie
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.