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.