HomeMy WebLinkAboutContract 53760 CSC No.53760
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VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WORTH("City"), a Texas home rule municipal corporation,acting by and
through its duly authorized Assistant City Manager, and COBURN CATERING SERVICE, INC.
("Vendor"),a Texas corporation,actingby andthrough its duly authorized representative,each individually
referred to as a"party"and collectively referred to as the"parties."
WHEREAS, the United States of America, the State of Texas, Tarrant County, and the
City of Fort Worth have all declared a state of emergency due to the recent coronavirus pandemic
("COVID-19");
WHEREAS,the Center for Disease Control has issued guidance to help prevent the spread
of COVID-19, including social distancing of at least six feet;
WHEREAS, due to social distancing requirements, emergency shelters do not have the
capacity to house people who are experiencing homelessness;
WHEREAS, City is committed to protecting the health, wellbeing, and life safety of City
residents who are homeless during times of emergency, such as the COVID-19 pandemic, when
community-based emergency shelters have reached full capacity;
WHEREAS,City has opened an emergency overflow shelter at the Fort Worth Convention
Center ("Shelter") to increase the number of shelter beds available to homeless residents during
this emergency; and
WHEREAS, the City must purchase food from Vendor to ensure the health of all of those
that are temporarily living in the Shelter;
NOW THEREFORE, the Parties for the mutual consideration included herein agree to
enter into the following Agreement.
1. Scope of Services.Vendor will provide foodservices at the Fort Worth Convention Center
("FWCC")to help ensure the health of all people being housed as part of the City's emergency overflow
Shelter. Vendor's services are more specifically set forth in Exhibit "A,"which is attached hereto and
incorporated herein for all purposes("Services"). It is understood that the Services to be provided herein
are non-exclusive and that the City has,or will,hire other food provider companies to provide the same or
similar services depending on need. To the extent that there are other contracts between the City and
Vendor,this Agreement is intended to be a separate agreement related strictly to providing food services at
the FWCC during the COVID-19 Emergency Declaration. OFFVAL RECORD
CITY SECRETARY
Vendor Services Agreement—Exhibit A FFTeWMTH,TX
2. Term. This Agreement is effective beginning on March 31, 2020("Effective Date")and
will expire immediately at the time the emergency shelter is closed by the City or immediately upon written
notice by the City, whichever is earlier ("Expiration Date"),unless terminated earlier in accordance with
this Agreement("Term"). Execution after the Effective Date will have no bearing on the enforceability of
this Agreement.
2.1 Compensation. City will pay Vendor up to a total amount of ltwo Hundred
Thousand DollarsandNo Cents($200,000.00)in accordance with the payment schedule set forth
in Exhibit A. Vendor will not perform any additional services or bill for expenses incurred for City
not specified by this Agreement unless City requests and approves in writing the additional costs
for such services.City will not be liable for any additional expenses of Vendor not specified by this
Agreement unless City first approves such expenses in writing.
2.2 Prior to submitting an invoice to the City for payment of the applicable Service,
Vendor must verify the quality of the Services performed. If the City rejects the submission,it will
notify the Vendor in writing as soon as the determination is made listing the specific reasons for
rejection. The Vendor will have ten(10)days to correct any deficiencies,unless otherwise agreed
to by the Parties in writing. Payment to the Vendor will not be authorized unless the City accepts
the Service in writing. The City's acceptance will not be unreasonably withheld.
2.3 On or before each Friday at 5:00 pm during the Term of this Agreement, the
Vendor must provide the City with a signed invoice summarizing(i) the Service(s)that have been
completed and(ii) requesting payment. If the City requires additional reasonable information, it
will request the same promptly after receiving the above information, and the Vendor must provide
such additional reasonable information to the extent the same is available. Invoices must be
submitted to the City of Fort Worth,attention Andrea Wright, 1201 Houston Street,Fort Worth,
Texas 76102.
2.4 The City will make payment within thirty (30)calendar days after receipt of an
invoice from the Vendor unless there is a dispute as to the information provided in the invoice for
the Goods and Services.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at anytime and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder,City will notify Vendor
of such occurrence and this Agreement shall terminate on the last day of the fiscalperiod for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City shall pay Vendor for services actually rendered up to
the effective date of termination and Vendor shall continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor shall provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor shall return all City provided data to City in a machine readable format or other format
deemed acceptable to City.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement,Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it shall treat all information provided to it by City ("City Information")as confidential
and shall not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act. In the event there is a request for information marked Confidential or Proprietary,
City shall promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure.A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access.Vendor shall store and maintain City Informationin a secure
manner and shall not allow unauthorized users to access,modify,delete or otherwise corrupt City
Information in any way.Vendor shall notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor shall, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and shall fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City shall, until the expiration of 7 years after final
payment under this Agreement, or the final conclusion of any audit commenced during the said 7 years,
have access to and the right to examine at reasonable times any directly pertinent books,documents,papers
and records, including,but not limited to, all electronic records, of Vendor involving transactions relating
to this Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and will be provided adequate and appropriate work space
in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits. This provision will survive the expiration or termination of
this Agreement.
7. Independent Contractor.
7.1 It is expressly understood and agreed that Vendor and its employees,
representative,agents, servants, officers,contractors,subcontractors,and volunteers will operate
as independent contractors as to all rights and privileges and work performed under this Agreement,
and not as agents,representatives or employees of the City. Subject to and in accordance with the
conditions and provisions of this Agreement, Vendor will have the exclusive right to control the
details of its operations and activities and be solely responsible for the acts and omissions of its
employees,representatives,agents, servants,officers,contractors,subcontractors, and volunteers.
Vendor acknowledges that the doctrine of respondeat superior will not apply as between the City
and its officers,representatives, agents, servants,and employees,and Vendor and its employees,
representative, agents, servants, officers, contractors, subcontractors, and volunteers. Vendor
further agrees that nothing herein will be construed as the creation of a partnership or joint
enterprise between City and Vendor. It is further understood that the City will in no way be
considered a Co-employer or a Joint employer of Vendor or any employees,representative,agents,
servants,officers, contractors, subcontractors,and volunteers of Vendor.Neither Vendor,nor any
officers,agents, servants, employees or subcontractors of CSC will be entitled to any wages or
employment benefits from the City. Vendor will be responsible and liable for any and all payment
and reporting of taxes on behalf of itself, and any of employees,representative, agents, servants,
officers,contractors,subcontractors,and volunteers.
7.2 The City,through its authorized representatives and employees,will have the sole
and exclusive right to exercise jurisdiction and controlover City employees.Vendor represents that
all of its employees and subcontractors who perform Services under this Agreement will be
properly trained, qualified, and competent to perform the Services set forth herein in accordance
with the highest industry standards. The authority City representative reserves the right to refuse
to permit any employee of Vendor from providing the Services set forth herein for any reason.
8. Liability and Indemnification.
8.1 LIABILITY- VENDOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCL UDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMBSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR,ITS OFFICERS, AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION - VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITSOFANYKIND OR CHARACTER, WHETHERREAL ORASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCL UDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCL UDING DEATH, TO ANY AND ALL PERSONS,ARISING O UT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR,ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor shall not assign or subcontractany of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment,the assignee shall execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee shall be jointly liable for all obligations of Vendor under this Agreement
prior to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor shall execute a
written agreement with Vendor referencing this Agreement under which sub Vendor shall agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor shall provide City with a fully executed copy of any such
subcontract
10. Insurance. Vendor shall provide City with certificate(s) of insurance documenting
policies of the following types and minimum coveragelimits that areto be in effectpriorto commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage shall be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle" shall be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident;each accident/occurrence
$100,000- Bodily Injury by disease;each employee
$500,000- Bodily Injury by disease;policy limit
10.2 General Requirements
(a) The commercial general liability and automobile liability policies shall
name City as an additional insured thereon,as its interests may appear. The term
City shall include its employees, officers, officials, agents, and volunteers in
respect to the contracted services.
(b) The workers' compensation policy shall include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
Emits of coverage shall be provided to City. Ten (10) days' notice shall be
acceptable in the event of non-payment of premium.Notice shall be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street,Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas.All insurers must have a minimum rating of A VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation shall not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance shall be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it shall comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances,rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances,rules or regulations, Vendor shall immediately desist
from and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives,assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON DISCRIMINATION COVENANT BY VENDOR, ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDK%INIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement shall be
conclusively determined to have been delivered when(1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3)received by the other party by United States Mail, registered,return receipt requested,
addressed as follows:
To CITY: To VENDOR:
City of Fort Worth Coburn Catering Service, Inc.
Attn: Valerie Washington Assistant City Manager Attn: Steve Coburn
200 Texas Street 801 N. Main Street
Fort Worth, TX 76102-6314 Fort Worth, Texas 76164
Facsimile: (817)392-8654
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor shall, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing,this provision shall not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governing Law/Venue. This Agreement shallbe construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted,at law or in equity,is brought pursuant to this
Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable,the validity, legality and enforceability of the remaining provisions shall not in any way be
affected or impaired.
19. Forcee Majeure. City and Vendor shall exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but shall not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to,compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes. The Parties acknowledge
that this Agreement is being entered into during a state of emergency following the COVID-19 pandemic
outbreak. The Parties agree that this provision shall not apply to the COVID-19 pandemic outbreak unless
a subsequent binding order is issued by an entity with direct jurisdiction over Vendor or City that prohibits
the continuation of the services.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the
scope of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this
Agreement or Exhibits A and B.
22. Amendments/Modifications/Extensions. No amendment,modification,or extension
of this Agreement shall be binding upon a party hereto unless set forth in a written instrument,which is
executed by an authorized representative of each party.
23. Entirety of Agreement. This Agreement, including Exhibits A and B, contains the entire
understanding and agreement between City and Vendor, their assigns and successors in interest, as to the
matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null
and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart shall, for all purposes,be deemed an original,but all such counterparts shall together constitute
one and the same instrument.
25. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty(30)days from the date that the services are completed. In such event, at Vendor's
option,Vendor shall either (a)use commercially reasonable efforts to re-perform the services in a manner
that conforms with the warranty,or (b) refund the fees paid by City to Vendor for the nonconforming
services.
26. Immigration Nationality Act. Vendor shall verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City,Vendor shall provide City with copies of all 1-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS
FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS
PARAGRAPH BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR
LICENSEES. City, upon written notice to Vendor, shall have the right to immediately terminate this
Agreement for violations of this provision by Vendor.
27. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit`B". Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
28. Change in Company Name or Ownership. Vendor shall notify City's Purchasing
Manager, in writing, of a company name, ownership,or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than$100,000,this section does not apply.Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code,the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1)does
not boycott Israel;and(2)will not boycott Israelduring the term ofthe contract. The terms"boycottIsraer'
and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas
Government Code. By signing this contract,Vendor certifies that Vendor's signature provides written
verification to the City that Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during
the term of the contract.
Signatures on the nextpage
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
11'' By signing I acknowledge that I am the person
veew4ahn'on(Ap 2M responsible forthe monitoring andadninistrationof
By a ri this contract,including ensuring allperfonnance and
Name: Valerie Washington reporting requirements.
Title: Assistant City Manager
Date: ,2020
APPROVAL RECOIVIMENDED: By
Name:
Title:
By: APPROVED AS TO FORM AND LEGALITY:
Name:
Title:
ATTEST: By: /s/Ty :r Wallach
Name: Tyler F. Wallach
�O By: Title: Assistant City Attorney
U 0
Name: Mary Kayser CONTRACT AITMORIZATION:
Title: City Secretary NMC.
Ordinance:24089-03-2020
VENDOR:
COBURN CATERING SERVICE, INC.,
a Texas Corporation
By:
Name: Steve Coburn
Title: President
Date: ,2020
OFFICIAL.RECORD
CITY SECRETARY
FT WORTH,TX
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER-
By signing I acknowledge that I am the person
By, responsible for the monitoring and adminis tration of
Name: Valerie Washington this contract,includingensuring all perfonrance and
Title: Assistant City Manager reporting requirements.
Date: 2020 e9V4 6M
BY: Kevin Gunn(Apr2,2020)
APPROVAL RECONPdENDED: Name: Kevin Gunn
Title: IT Solutions Director
By: APPROVED AS TO FORM AND LEGALITY:
Name:
Title:
ATTEST: By: /s/Tyler Wallach
Name: Tyler F. Wallach
Title: Assistant City Attorney
By: 'Y
Name: Mary Kayser CONTRACT AUTHORIZATION:
Title: City Secretary IiZ M&C: I
Ordinance:24089-03-2020
VENDOR:
COBURN CATERING SERVICE, INC.,
a Texas Corporation
By:
Name: Steve Coburn
Title: President
Date: 2020
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible forth a monitoring and adman istration of
BY Name: Valerie Washington this contract,including ensuringallperformance and Title: Assistant City Manager reporting requirements.
Date: ,2020
APPROVAL RECONEViF1Vl7NDED: BY
Name:
Title:
By: APPROVED AS TO FORM AND LEGALITY
Name:
Title:
ATTEST: By: /s/Tyler Wallach
Name: Tyler F. Wallach
BY: Title: Assistant City Attorney
Name: Mary Kayser CONTRACT ATTMnRIZATION:
Title: City Secretary N%C.
Ordinance: 24089-03-2020
VENDOR:
COBURN CATERING SERVICE, INC.,
a Texas Corporation
By:
Name: Steve Coburn
Title: Pres ident
Date: 2020
OFFICIAL F
CITY SECRE'.
FT. WORIT�",
EXHIBIT A
SCOPE OF SERVICES AND PAYMENT SCBEDULE
1. Vendor will provide breakfast and boxed lunches to those individuals working and being housed
at the Shelter for the Term of this Agreement at the prices set forth below:
a. Boxed Lunch—$6.50 per boxed lunch
b. Breakfast—$4.75 per breakfast meal
EXHIBIT B
VERIFICATION OF SIGNATURE AUTHORITY
COBURN CATERING SERVICE, INC.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (10) business days if there are any changes to the signatory
authority. City is entitled to rely on any current executed Form until it receives a revised Form that has been
properly executed by Vendor.
1. Name:
Position:
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
Vendor Services Agreement—F-diibit B Page 11 of11
EXHIBIT B
VERIFICATION OF SIGNATURE AUTHORITY
COBURN CATERING SERVICE, INC.
Execution of this Signature Verification Form ("Form") hereby certifies that the following
individuals and/or positions have the authority to legally bind Vendor and to execute any agreement,
amendment or change order on behalf of Vendor. Such binding authority has been granted by proper order,
resolution, ordinance or other authorization of Vendor. City is fully entitled to rely on the warranty and
representation set forth in this Form in entering into any agreement or amendment with Vendor. Vendor
will submit an updated Form within ten (14) business days if there are any changes to the signatory
authority. City is entitled to rely on any current executed Fon-n until it receives a revised Form that has been
properly executed by Vendor.
1. Name: ��
Position:
r.
Signature
2. Name:
Position:
Signature
3. Name:
Position:
Signature
Name:
Signature of President/CEO
Other Title:
Date:
Page 11 ofl1
Vendor Services Agreen�n Exh
ibit hibit B
INTEROFFICE MEMO
EMERGENCY PURCHASE Over $100,000
To: Fernando Costa, Assistant City Manager
Cynthia B. Garcia, Assistant Finance Director, Financial Management Services
Jo Ann Pate, Assistant City Attorney II, EOC management
JEOC Purchase Approval Team
From: James Davis, Fire Chief
Date: March 30, 2020
Subject: Coburn Catering for the Fort Worth Convention Center(FWCC) shelter
Covid-19 is an infectious disease caused by severe acute respiratory syndrome coronavirus 2: a
strain similar to SARS. The disease was first identified in China and has quickly spread to the
rest of the world. Last week the World Health Organization (WHO) declared it a global
pandemic. Currently the United States is working to prevent mass infection in the country by
passing a 15 day guide that is intended to slow the spread of the virus. As a consequence, there
exists a need to ensure the pandemic does not spread in the homeless population of Fort
Worth.
To ensure safety and immediate detection of potential infection among the homeless population,
the City of Fort Worth is working to create a temporary shelter in the FWCC starting March 18,
2020. Due to the large population that is expected to arrive the EOC procured a catering
service to be provided by Coburn Catering. The current projection is about 350 meals twice a
day for the foreseeable future, this number includes both breakfast and dinner; served at 6am
and 4:30pm respectively. Due to social distancing requirements, the emergency shelters do not
have the capacity to house people who are experiencing homelessness, so the City of Fort
Worth is using a temporary shelter and providing meals. The emergency shelters are
continuing to provide services and meals along with the FWCC during the COVID-19.
The cost of this emergency procurement will be up to $200,000.00.
Chapter 2, Article I, Section 2-9 at (9) of the City's Code of Ordinances and Section 252.022 of
the Local Government Code exempts from normal bidding requirements expenditures that are
necessary to preserve or protect the city's property and the public health or safety of the
municipality's residents.
APPROVED FOR EMERGENCY PROCUREMENT:
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Recommended: James Davis(APr6,2020)
James Davis, Fire Chief
MG}.Y'�C t��GZGLS-G{�GG''y'
Approved by JEOC Mark Rauscher(Apr 6,2020) —
Signature from one of the following:
Mark Rauscher, Assistant Fire Director, Fire;
Homer Robertson, Assistant Fire Chief;
Maribel Martinez, Emergency Mgt. Coord.; or
Justin Cox, Grants Manager
Approved As To Legality: Jo Pate(Ap 6, cK20)
Jo Ann Pate, Assistant City Attorney II
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Approved by Assistant City Manager Fernando Costa(Apr 6,2020)
Fernando Costa, Assistant City Manager
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Approved: Cynthia Garcia(Apr 6,2020)
Cynthia Garcia, Assistant Finance Director
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