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HomeMy WebLinkAboutContract 53593-A1 DocuSign Envelope ID:C1 B57EA0-3C1 F-4F8D-B20E-97D423B941AF CSC No. 53593-Al FIRST AMENDMENT TO NON-EXCLUSIVE VENDING MACHINE SERVICES AGREEMENT FORT WORTH CITY SECRETARY CONTRACT NO. 53593 This First Amendment to the NON-EXCLUSIVE VENDING MACHINE SERVICES AGREEMENT, Fort Worth City Secretary Contract No. 53593,between the CITY OF FORT WORTH ("City"), a Texas home rule municipal corporation and COMPASS GROUP USA, INC. through its Canteen Vendor Services Division ("Vendor"), a Delaware Corporation, each individually referred to as a"party" and collectively referred to as the "parties." WHEREAS, City, through its Property Management Department, contracts for the installation, operation, maintenance, stocking, and servicing of vending machines at numerous City facilities; WHEREAS, through RFP No. 19-0000014 and Fort Worth City Secretary Contract No. 53593, City and Vendor entered into a non-exclusive agreement for snack and beverage vending machine services on an as-needed basis in accordance with the City's wellness program and at no cost to the City; WHEREAS, City and Vendor now wish to set out terms by which Vendor may install and service snack and beverage vending machines at the City's property commonly known as "100 Energy Way Plaza"located at 100 Energy Way, Fort Worth, TX 76102 (the"Property"). NOW,THEREFORE, in consideration of the covenants and agreements contained in this Agreement, City and Vendor hereby agree as follows: 1. The services, terms, and conditions included in Exhibit "A" of this First Amendment, attached hereto and incorporated herein, are incorporated into Agreement's Scope of Services, Service Locations, and Price Schedule as if they had been originally set forth in the Agreement. 2. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. 3. In the event of a conflict between the terms and conditions included in Exhibit"A" of this First Amendment and the terms and conditions included in the Agreement, the terms included in the Agreement shall control. [signature page follows] OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 53593 Page 1 of 5 DocuSign Envelope ID:C1 B57EA0-3C1 F-4F8D-B20E-97D423B941AF ACCEPTED AND AGREED: CITY OF FORT WORTH: CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person Dam LW2LAe responsible for the monitoring and Dana Burghd off(Ma—r 4,2�15 CST) By: administration of this contract, including Name: Dana Burghdoff ensuring all performance and reporting Title: Assistant City Manager requirements. Date: 3/4/22 APPROVAL RECOMMENDED: s � By: Name: Alan Shuror nob Title: Property Management Assistant Director By: Steve obke( ar4,202214:55 CST) Name: Steve Cooke APPROVED AS TO FORM AND LEGALITY: Title: Property Management Director ATTEST: By: Name: Matthew A.Murray Tgnnette S. Goon%// Title: Assistant City Attorney Jan S.Goodall(Mar 9,2022 07:43 CST) By. �davnon� CONTRACT AUTHORIZATION: Name: Jannette S. Goodall Ao�FORT�a� Title: City Secretary O°°° °o. 0o M&C: N/A cp j`°° °°o- S 40. 000 da���EXASoap VENDOR: COMPASS GROUP USA, INC. BY AND THROUGH ITS CANTEEN VENDING SERVICES DIVISION DocuSigned by: L�� Name: Shawn Grider Title: Senior Vice President Date: 3/1/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX First Amendment to Fort Worth City Secretary Contract No. 53593 Page 2 of 5 DocuSign Envelope ID:C1 B57EA0-3C1 F-4F8D-B20E-97D423B941AF Exhibit"A" Terms and Conditions for Vending Cabinets Located at 100 Energy Way Plaza SERVICE LOCATION 100 Energy Way 100 Energy Way, 5 plus a Public, Fort Worth, TX kiosk for tenants, and 76102 payments employees TERMS AND CONDITIONS 1. Unattended Vending Services. The initial products and prices for the Unattended Vending Services are determined by Vendor, are based upon distribution and market costs,and are set forth on Schedule 1 attached. Vendor is investing funds to purchase Unattended Vending Services Equipment that is unique to 100 Energy Way Plaza. Therefore, if this Agreement is terminated by the City within one year of the effective date of this Amendment, City will pay Vendor an amount of Two-Thousand Nine-Hundred Ninety-Nine and 00/100 Dollars ($2,999.00). 2. Shortfall. Commencing on the later to occur of(i) four weeks after the installation of all of the vending machines at the 100 Energy Way location or (ii) Monday, April 1lth, 2022, City shall guarantee sales of at least Two-Thousand and 00/100 Dollars ($2,000.00)per month. At the end of each month, the actual sales will be compared to the City's guaranteed monthly sales amount and any shortfall will be paid by City.Notwithstanding the foregoing, in no event shall the City be required to pay any shortfall in excess of Two-Thousand Nine-Hundred Ninety-Nine and 00/100 Dollars ($2,999.00)per year. 3. Shrinkage. In the event that product theft or product loss due to food security, safety, or other issues directly attributable to the City at the 100 Energy Way location exceeds 3% in any given month during the term of this Agreement,Vendor shall invoice City for the cost of any such shrinkage amount in excess of 3%. Notwithstanding the foregoing, in no event shall the City be required to pay any shrinkage in excess of Two-Thousand Nine-Hundred Ninety-Nine and 00/100 Dollars ($2,999.00)per year. First Amendment to Fort Worth City Secretary Contract No. 53593 Page 3 of 5 DocuSign Envelope ID:C1 B57EA0-3C1 F-4F8D-B20E-97D423B941AF Schedule 1 Products and Prices IF Cereal&Oatmeal $1.29 $1.49 Bagged Snack 7S72.3? 1.99 Nutrition Bar $1.19•$2.59 Bagged Snack(Large) Nuts&Trail Mix $1.09•$129 Candy9•$1.79 Pastry %1.29•$1.59 Candy(Large) $2.19-$2A9 Cookies&Cracke-s $0.99•$1.99 Soup&Meal $1.29•$239 Cookies&Crackers $6.99 $2.09 Gum&Mints $1.49-$2.49 Energy $2.79•$3.79 Entree $2.79 $6.49 Health $1.99-$329 Pizza $2.49•$3.99 Ice Cream $2.19-$3.09 • Milk $1.65 Yogurt 1Hummus $2.19•$2.69 Soda $1.69 Salads $4.49.$6.00 Juice $1.99 Sandwiehes/Wraps $2.29•$5.59 Energy $2.99•$3.49 Snack Pack $1.99•$3.99 Flavored Non•Carb $1.49-$1.99 String Cheese $1.09 Hydration/Sport $1.99•$2.09 Starbucks $2.59•$3.49 Tea $1.59•$2.09 Water $1.49•$2.99 First Amendment to Fort Worth City Secretary Contract No. 53593 Page 4 of 5 DocuSign Envelope ID:C1 B57EA0-3C1 F-4F8D-B20E-97D423B941AF sF Location: Downstairs under Escalators First Amendment to Fort Worth City Secretary Contract No. 53593 Page 5 of 5