HomeMy WebLinkAboutContract 53814-A4R4DocuSign Envelope ID: DE5A467E-3687-411 F-8AAA-BE4CCCBFD660
CSC No. 53814-A4R4
FOURTH AMENDMENT AND FOURTH RENEWAL OF
CITY SECRETARY CONTRACT NO. 53814
This FOURTH AMENDMENT AND FOURTH RENEWAL ("Fourth Amendment
and Fourth Renewal") is made and entered into by and between the CITY OF FORT WORTH,
a home -rule municipal corporation of the State of Texas, acting by and through its duly
authorized Assistant City Manager ("City"), and US FOODS, INC., a Delaware Corporation
("Vendor"), acting by and through its duly authorized representative. City and Vendor are herein
referred to individually as a ("Party") and collectively as the ("Parties").
WHEREAS, on April 20, 2020, City and Vendor entered into a Vendor Services
Agreement to allow the Vendor to provide perishable and non-perishable food items on an as
needed basis for various City functions, including both big and small events and cooking classes
offered at City -owned and operated facilities, the same being City Secretary Contract ("CSC")
Number 53814 ("Agreement");
WHEREAS, the Agreement provides a primary term of one-year and four (4) subsequent
one-year renewal periods to annually expire on September 30th (each a "Renewal Term");
WHEREAS, on November 4, 2020, the Parties amended the Agreement to update the
scope of service and exercised the First Renewal Term to be effective beginning on October 1,
2020 and expire on September 30, 2021;
WHEREAS, on February 9, 2022, the Parties amended the Agreement to update the
scope of service and exercised the Second Renewal Term to be effective beginning on October
1, 2021 and expire on September 30, 2022;
WHEREAS, on October 1, 2022, the Parties amended the Agreement to update the scope
of service and exercised the Third Renewal Term to expire on September 30, 2023;
WHEREAS, City and Vendor wish to amend the Agreement to update the scope of
services;
WHEREAS, it is the collective desire of the Parties to extend the Agreement through the
Fourth Renewal Term; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, the City and the Vendor agree to amend and renew and extend the Agreement
as follows:
I.
The City and Vendor hereby agree to amend the Agreement to provide an updated scope
of service, as set forth in Exhibit A-3, attached hereto and incorporated herein by reference.
II.
The City and Vendor hereby agree to renew and extend the Agreement for a one-year
period, effective beginning on October 1, 2023 and expiring on September 30, 2024.
OFFICIAL RECORD
Fourth Amendment and Fourth Renewal of CSC 53814 CITY SECRETARY Page 1 of 4
FT. WORTH, TX
DocuSign Envelope ID: DE5A467E-3687-411 F-8AAA-BE4CCCBFD660
II.
(1) All terms and conditions of the Agreement that are not expressly amended
pursuant to this Fourth Amendment and Fourth Renewal shall remain in full force and effect.
(2) All terms in this Fourth Amendment and Fourth Renewal that are
capitalized but not defined shall have the meanings assigned to them in the Agreement.
(signature page follows)
Fourth Amendment and Fourth Renewal of CSC 53814 Page 2 of 4
DocuSign Envelope ID: DE5A467E-3687-411 F-8AAA-BE4CCCBFD660
IN WITNESS WHEREOF, the Parties hereto have executed this Fourth Amendment and
Fourth Renewal in Tarrant County, Fort Worth, Texas.
City:
By:
Name: Jesica McEachern
Title: Assistant City Manager
Date: Sep 19, 2023
Vendor: DocuSigned by:
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i t, MsBY
Name: Mike Walls
Title: Vice President National Sales
Date:
FOR CITY OF FORT WORTH INTERNAL PROCESSES:
Approval Recommended:
By: low fo,-,
Name: Dave Lewis
Title: Acting Director
Park & Recreation Department
126-�
By: Sandra Young -'Mod (Sep 7, 2023 14:58 CDT)
Name: Sandra Youngblood
Title: Assistant Director
Park & Recreation Department
Approved as to Form and Legality:
A Lk -
By: Nico Arias (Aug 25, 2023 15:43 CDT)
Name: Nico Arias
Title: Assistant City Attorney
Contract Authorization:
M&C: 19-0366
Form 1295: 2019-549147
Fourth Amendment and Fourth Renewal of CSC 53814
9/5/2023
Contract Compliance Manager: By
signing I acknowledge that I am the
person responsible for the monitoring
and administration of this contract,
including ensuring all performance and
reporting requirements.
By: � u�
Name: Sheri Endsley
Title: District Superintendent
Park & Recreation Department
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By: aQa� nEa 45aaa
Name: Jannette S. Goodall
Title: City Secretary
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 3 of 4
DocuSign Envelope ID: DE5A467E-3687-411 F-8AAA-BE4CCCBFD660
EXHIBIT A-3
SCOPE OF SERVICES
The Vendor shall provide perishable and non-perishable food items to the City of Fort Worth on
an as needed basis for various City functions, including both big and small events and cooking
classes offered at City owned and operated facilities. Vendor agrees to make deliveries to the
following City locations:
CENTER CENTER ADDRESS SUPERVISOR PHONE
NUMBER
Victory Forest 3427 Hemphill St. Me'Shellia Allums-Davis (817) 392-8200
76110
North Tri-Ethnic 2950 Roosevelt Ave. Arturo Mercado (817) 392-5200
76106
For delivery, all orders shall be delivered inside the building. Vendor's minimum order size shall
be $600.00. This equates to approximately 22 cases of products.
The Vendor shall be open for operation between 8AM and 5PM, Monday through Friday and
8AM to 5PM on Saturday.
Vendor's Customer Service Department shall be open from 7:30am to 5:OOpm Sunday through
Friday. Customer Service is open from 8:OOam to 12:OOpm on Saturday. Vendor's Will Call
location shall be open from 7:30am to 4:30pm Monday through Friday and 8:OOam to 2:OOpm
on Saturday's products to be picked up.
Vendor shall provide delivery service at no additional charge at times as mutually agreed upon
by the parties.
Vendor shall provide each City location with a personalized user ID and password to
www.usfoods.com. Here, each location may create their own shopping list, manage their lists,
place orders for deliveries, and view invoices. Each location must submit their orders online by
5:OOpm cut off time for next day delivery. Vendor will work with each location to determine the
best weekly delivery date and 5 (five) hour window delivery time.
Vendor shall publish nutritional information, product ingredients and pictures, including allergen
and marketing claims online.
All finished products shall be delivered in a manner which will maintain proper temperatures as
dictated by the local health authority.
The City reserves the right to refuse at time of delivery all products deemed unacceptable or any
product not delivered within specified timeframe.
All payment terms shall be "Net 30 Days." Vendor shall invoice no more frequently than monthly
for services provided. Invoices shall be submitted to the City department that ordered and
received the items provided.
Fourth Amendment and Fourth Renewal of CSC 53814 Page 4 of 4
DocuSign Envelope ID: DE5A467E-3687-41 1 F-8AAA-BE4CCCBFD660 M&C Review
Official site of the City of Fort Worth, Texas
CITY COUNCIL AGENDA FoRTWORM
REFERENCE **M&C 19- LOG 13P19-0000018 PERISHABLE AND
DATE: 12/10/2019 NO.: 0366 NAME: NON-PERISHABLE FOOD ITEMS CC
PARD
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT. Authorize Execution of an Agreement with US Foods, Inc. in an Annual Amount of Up to
$400,000.00 for Perishable and Non -Perishable Food Items for All City Departments
and Authorize Four Annual Renewal Options (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council authorize execution of an agreement with US Foods, Inc.
in an annual amount up to $400,000.00 for perishable and non-perishable food items for all City
Departments and authorize four annual renewal options.
DISCUSSION:
The Park & Recreation Department requested that the Purchasing Division issue a Request for
Proposals (RFP) for an agreement for perishable and non-perishable food items. The items being
sought include perishable food, such as fresh fruit and vegetables, and non-perishable food, such as
pancake mix and peanut butter. The items will be used for cooking classes at community centers,
special events, and pre -made food trays. The agreement will also be available for all departments to
purchase food for a variety of meetings, events and programs.
The Bid was advertised in the Fort Worth Star -Telegram on August 7, 2019, August 14, 2019, August
21, 2019 and August 28, 2019. A pre -bid conference was held on August 15, 2019. The City received
one response.
The evaluation committee evaluated the proposal and recommends awarding an one-year agreement
to US Foods, Inc., along with four one-year options to renew. No guarantee was made that a specific
amount of these items will be purchased.
An administrative change order or increase may be made by the City Manager up to the amount
allowed by relevant law and the Fort Worth City Code and does not require specific City Council
approval as long as sufficient funds have been appropriated.
A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office, in accordance with the BIDE Ordinance, because the
purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
Upon City Council approval, the Contract shall begin on execution and end one year from that date
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the recommendations, funds are available in
the current operating budget, as appropriated, in the General Fund and Special Donations Fund.
Prior to an expenditure being incurred, the participating department has the responsibility to validate
the availability of funds.
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DocuSign Envelope ID: DE5A467E-3687-41 1 F-8AAA-BE4CCCBFD660
M&C Review
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Submitted for City Manager's Office by_
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Kevin Gunn (2015)
Reginald Zeno (8517)
Cynthia Garcia (8525)
Cristina Camarillo (8355)
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