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FIRST ADDENDUM TO CITY SECRETARY CONTRACT NUMBER 53760
A VENDOR SERVICES AGREEMENT
5371#0 This FIRST ADDENDUM TO FORT WORTH CITY SECRETARY CONTRACT
NUMB("First Addendum") 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,
acting by and through it Steve Coburn,duly authorized President,each individually referred to as a"party"
and collectively referred to as the"parties."
WHEREAS, the Parties entered into a Vendor Services Agreement for the provision of
food services at the Fort Worth Convention Center as part of the COVID-19 emergency, the same
being Fort Worth City Secretary Number 53760 ("Agreement");
WHEREAS, the Federal Emergency Management Agency ("FEMA") mandates that
certain provisions be included in agreements for emergency relief, such as this Agreement; and
NOW, THEREFORE,for and in consideration of the mutual covenants herein expressed,
the Parties agree as follows:
1. The Parties agree that the FEMA Mandated Contract Clauses attached hereto as Exhibit C are
hereby incorporated into the Agreement through this First Addendum.
2. All terms of this First Addendum that are capitalized but not defined have the meanings
assigned to them in the Agreement.
3. All terms and conditions that are not expressly addressed pursuant to this First Addendum
remain in full force and effect.
may, IN WITNESS WHEREOF, the parties have executed this First Addendum in multiples, this
day of , 2020.
SIGNATURES ON THE FOLL 0 HWG PAGE
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
First Addendum to CSC 53760 Page 1 of
City Secretary ContractNo.
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
By"a'wa5'On(Apr10,202' of this contract, including ensuring all
Name: Valerie Washington performance and reporting requirements.
Title: Assistant City Manager
Date: 12020 &Lla
By: Kevin Gt nn(Apr 9,2020)
APPROVAL RECOMMENDED: Name: Kevin Gunn
Title: IT Director
APPROVED AS TO FORM AND LEGALITY:
By:
Name:
Title:
By:
ATTEST: a' Name: T r F. Wallach
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
By: M&C: No M&C required
Name: Mary Kayser
Title: City Secretary
VENDOR:
COBURN CATERING SERVICE, INC.,
a Texas corporation
By:
Name: Steve Coburn
Title: President
Date: ll — 2020
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH,TX
First Addendum to CSC 53760 Paee 2 of8
EXHIBIT C
FEMA MANDATED CONTRACT CLAUSES
For purposes of the following clauses, the City of Fort Worth is referred to as "City" and
"Contractor" shall refer to the other party to this Agreement. If applicable to the work or services
being performed by Contractor under the Agreement, the following provisions are adopted and
form a part of the Agreement.
A. DAMAGES,2 CFR §200.326 Appendix II to Part 200 (A)
(1) All work to be performed under this Agreement shall be timely commenced. A
breach of this Agreement by Contractor would cause substantial delay in the completion of the
required services affecting the safety and welfare of the public.
(2) In the event of Contractor's breach of its performance obligations, City shall have all
rights and remedies against Contractor as provided by law.
B. TERMINATION RIGHTS, 2 CFR§200.326 Appendix II to Part 200 (B)
In addition to any termination rights included in the Agreement, City shall have the following
termination rights:
Termination for Convenience: Whenever the interests of the City so require, City may terminate
the parties' Agreement, in whole or in part, for the convenience of the City. City shall give
Contractor thirty (30) days prior written notice of termination specifying the portions of the
Agreement to be terminated and when such termination will become effective. If only portions of
the parties' agreement are terminated, Contractor has the right to withdraw from the parties'
Agreement, without adverse action or claims. In the event of a termination for convenience by
City, Contractor shall be entitled to payment for all work and services performed by it up to the
effective date of such termination.
Termination for Cause: The City may, by written notice of default to Contractor, terminate the
parties' Agreement, in whole or in part, if the Contractor fails to satisfactorily perform any
provisions of the parties' agreement after a period of ten(10) following Contractor's receipt of a
Notice of Deficiency provided by City.
C. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE (2 CFR §200.326 Appendix II
to Part 200 (C))
If applicable to the work and services performed by Contractor under the Agreement, during the
performance of the Agreement, Contractor shall comply with the Equal Employment Opportunity
Clause (41 CFR 60-1.4(b)):
(1) Contractor will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin. Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment without
Vendor Services Agreement—F,xhibit B Page 3 of
City Secretary ContractNo.
regard to their race, color, religion, sex, or national origin. Such action shall include, but not be
limited to the following: Employment, upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided setting forth the
provisions of this nondiscrimination clause.
(2) Contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the Contractor, state that all qualified applicants will receive considerations for
employment without regard to race,color, religion, sex,or national origin.
(3) Contractor will send to each labor union or representative of workers with which it
has a collective bargaining agreement or other agreement or understanding, a notice to be provided
advising the said labor union or workers' representatives of the Contractor's commitments under
this section, and shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
(4) Contractor will comply with all provisions of Executive Order 11246 of September
24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
(5) Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor for
purpose of investigation to ascertain compliance with such rules, regulations, and orders.
(6) In the event of the Contractor's noncompliance with the nondiscrimination clauses
of this Agreement or with any of the said rules, regulations or orders, this Agreement may be
canceled, terminated, or suspended in whole or in part and the Contractor may be declared
ineligible for further City contracts or federally assisted construction contracts in accordance with
procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(7) contractor will include the portion of the sentence immediately preceding paragraph
(1) and the provisions of subparagraphs 1 through 7 in every subcontract or purchase order unless
exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or contractor. contractor will take such action with respect to any subcontract
or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: provided, however, that in the event contractor becomes
involved in, or is threatened with, litigation with a subcontractor or contractor as a result of such
direction by the administering agency the contractor may request the United States to enter into
such litigation to protect the interest of the United States.
D. DAVIS-BACON ACT AND COPELAND "ANTI-KICKBACK" ACT (2 CFR
§200.326 Appendix II to Part 200 (D))
First Addendum to CSC 53760 Page 4 of
City Secretary ContractNo.
If applicable to the work and services performed by Contractor under the parties' Agreement:
(1) Bacon-Davis Act:Applicable to construction or repair of public buildings or public
works. See FEMA Public Assistance Program and Policy Guide, Ch.2 (V)(G)(2), page 32 and Ch.
(FP 104-009-2/January 2016);
(2) Copeland "Anti-Kickback" Act: In contracts subject to the Davis-Bacon Act,
Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants
from the United States"). The Act provides that the contractor and subcontractor must be
prohibited from inducing, by any means,any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he or she is otherwise
entitled. The City must report all suspected or reported violations to the appropriate Federal
agency.
(a) Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R.pt. 3 as may be applicable, which are incorporated by reference into
this Agreement.
(b) Contractor or subcontractor shall insert in any subcontract the clause above
and such other clauses as FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The
Contractor shall be responsible for the c compliance by any subcontractor or lower tier
subcontract with all of these contract clauses.
(c) A breach of the Agreement clause above may be grounds for termination
of the Agreement, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. §5.12.
E. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (2 CFR §200326
Appendix II to Part 200 (E))(40 U.S.C.3701-3708)
Contracts in excess of $100,000 that involve the employment of mechanics or laborers shall
comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29
CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Contractor and its subcontractors shall
compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked
in excess of 40 hours in the work week.
Overtime requirements. No contractor or subcontractor contracting for any part of the contract
work which may require or involve the employment of laborers or mechanics shall require or
permit any such laborer or mechanic in any workweek in which he or she is employed on such
work to work in excess of forty hours in such workweek unless such laborer or mechanic receives
First Addendum to CSC 53760 Page 5 of
City Secretary ContractNo.
compensation at arate not less than one and one-halftimes the basic rate of pay for all hours worked
in excess of forty hours in such workweek.
(1) Violation: liability for unpaid wages: liquidated damages. In the event of any
violation of the clause set forth in this section the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall
be liable to the United States(in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages
shall be computed with respect to each individual laborer or mechanic, including watchmen and
guards, employed in violation of the clause set forth in this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set forth
in this section.
(2) Withholding for unpaid wages and liquidated damages. The City shall upon its own
action or upon written request of an authorized representative of the Department of Labor withhold
or cause to be withheld, from any moneys payable on account of work performed by the Contractor
or subcontractor under any such contract or any other Federal contract with the same prime
contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety
Standards Act,which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph(2) of this section.
(3) The Contractor and subcontractor shall insert in any subcontract the clauses set
forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts.
F. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT,2
CFR §200.326 Appendix II to Part 200 (F)
If applicable to the work and services performed by Contractor under the parties' Agreement and
if the Federal award meets the definition of"funding agreement"under 37 CFR §401.2 (a)and the
City wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental, developmental, or research
work under that"funding agreement," the City must comply with the requirements of 37 CFR Part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business."
G. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (2
CFR §200.326 Appendix II to Part 200 (G))
Contractor shall comply with all applicable standards, orders or regulations issued pursuant to the
Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act as amended
(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency(EPA).
Contractor shall include the foregoing requirements in each subcontract exceeding $100,000.
First Addendum to CSC 53760 Page 6 of
City Secretary ContractNo.
H. DEBARMENT AND SUSPENSION(2 CFR§200.326 Appendix 11 to Part 200 (1))
(1) This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2
C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the Contractor, its
principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are
excluded (defined at C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
(2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,
subpart C and must include a requirement to comply with these regulations in any lower tier
covered transaction it enters into.
(3) This certification is a material representation of fact relied upon by City. If it is later
determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt.
3000, subpart C, in addition to remedies available to City, the Federal Government may pursue
available remedies, including but not limited to suspension and/or debarment.
(4) The Contractor agrees to comply with the requirements of 2 C.F.R.pt. 180, subpart
C and 2 C.F.R. pt. 3000, subpart C throughout the period of performance. The Contractor further
agrees to include a provision requiring such compliance in its lower tier covered transactions.
I. BYRD ANTI-LOBBYINGAMENDMENT(2 CFR§200.326 Appendix II to Part 200
M)
Contractor must file with the City the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress,officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier-to-tier up to the non-
Federal award. If not provided with a bid response, Contractor must complete and submit the
Certification Regarding Lobbying Form.
J. PROCUREMENT OF RECOVERED MATERIALS(2 CFR §200.326 Appendix H
to Part 200 (K) and 2 CFR§200.322)
(1) In the performance of this contract, the Contractor shall make maximum use of
products containing recovered materials that are EPA-designated items unless the product cannot
be acquired.
(a) Competitively within a timeframe providing for compliance with the
contract performance schedule;
(b) Meeting contract performance requirements; or
First Addendum to CSC 53760 Page 7 of8
City Secretary ContractNo.
(c) At a reasonable price.
(2) Information about this requirement is available at EPA's Comprehensive
Procurement Guidelines web site, http.4/www.ena.gov/cpg/. The list of EPA-designate items is
available athttpJ/www.epa.gov/cpg/products/htm-
K. ACCESS TO RECORDS
(1) Contractor agrees to provide City, the FEMA Administrator, the Comptroller
General of the United States, or any of their authorized representative's access to any books,
documents, papers, and records of the Contractor which are directly pertinent to this Agreement
for the purposes of making audits, examinations, excerpts, and transcriptions.
(2) Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) Contractor agrees to provide the FEMA Administrator or his authorized
representative's access to construction or other work sites pertaining to the work being completed
under the contract.
L. SEAL,LOGO AND FLAGS
Contractor shall not use the U.S. Department of Homeland Security's seal(s), logos, crests, or
reproductions of flags or likenesses of the U.S. Department of Homeland Security's agency
officials without specific FEMA preapproval.
M. NO OBLIGATION BY FEDERAL GOVERNMENT AND COMPLIANCE WITH
LAWS
The Federal Government is not a party to this Agreement and is not subject to any obligations or
liabilities to City, Contractor, or any other party pertaining to any matter resulting from the
contract. City may seek reimbursement for expenses under this Agreement from FEMA and
Contractor acknowledges that it must comply with all federal laws, regulations, executive orders,
FEMA policies, procedures, and directives.
N. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR
RELATED ACTS
Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the Contractor's actions pertaining to this contract.
First Addendum to CSC 53760 Page 8 of
Soto, Vania Elizabeth
From: Rodriguez,James
Sent: Friday,April 10, 2020 4:32 PM
To: Long, Tracy, Soto,Vania Elizabeth;Wallach, Tyler
Subject: FW:Addendum to Coburn Contract Error
Mr.Coburn's response is below
From:Coburn's<coburnsbbq@coburnscatering.com>
Sent: Friday,April 10, 2020 4:31 PM
To: Rodriguez,James<James.Rod riguez@fortworthtexas.gov>
Subject: Re:Addendum to Coburn Contract Error
WARNING:The sender of this email could not be validated and may not match the person in the"From"field.
CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments
unless you recognize the sender and know the content is safe.
Yes sir
Make it work
Sent from my iPhone
On Apr 10, 2020,at 4:22 PM, Rodriguez,James<James.Rodriguez@fortworthtexas.gov>wrote:
Steve,
Is that a yes, that we can strike through?
From: Coburn's<coburnsbbq@cobu rnscatering.com>
Sent: Friday,April 10, 2020 1:33 PM
To: Rodriguez,James<James.Rod riguez@fortworthtexas.gov>
Subject: Re:Addendum to Coburn Contract Error
WARNING:The sender of this email could not be validated and wy not match the pi,r 7n in the"From"field. 1
CAUTION:This email originated from outside of the City of Fort Worth email system.Do not click any links or open
attachments unless you recognize the sender and know the content is safe.
James
Not a problem
Steve
i
Sent from my iPhone
On Apr 10,2020,at 12:03 PM, Rodriguez,James
<James.Rodriguez@fortworthtexas.gov>wrote:
Good Morning Steve,
Hope things are going well... I need your permission to draw a line through Contract
Number 53742 (see below...15t sentence of the Addendum) and replace it with the
correct contract number#53760 that is listed in the heading(see below).
Coburn CSC#53760 but the first sentence states 53742, how can we fix?See below
<image002.png>
From: Long, Tracy<Tracy.Long@fortworthtexas.gov>
Sent: Friday,April 10, 2020 11:26 AM
To: Rodriguez,James <James.Rod riguez@fortworthtexas.eov>
Cc:Soto,Vania Elizabeth <Vania.Soto@fortworthtexas.gov>
Subject: FW:Addendum to Coburn Contract Error
J R,
How do you want Vania to handle this? See below
Tracy Long
Sr. Account Technician
City of Fort Worth Police Dept.
Financial Management
Bob Bolen Public Safety Complex
505 W. Felix St.
Fort Worth TX 76115
Office: 817-392-4226
Fax: 817-392-4246
Tracy.Long@fortworthtexas.gov
City of Fort Worth— Working together to build a strong community.
<image001 Jpg>
2
From:Soto, Vania Elizabeth
Sent: Friday, April 10, 2020 11:23 AM
To: Long,Tracy<Tracy.Long@fortworthtexas.gov>; Wallach,Tyler
<Tyler.Wallach@fortworthtexas.gov>
Subject:Addendum to Coburn Contract Error
The first sentence of the contract says it is the First Amendment to City Secretary
Contract Number 53742 and that is not the contract number for Coburn. I know
further on it does mention the correct contract number. Did y'all want to change
this or did you just want me to continue with processing it?
Vania E. Soto
Administrative Assistant
City Secretary's Office
817-392-6090
Vania.Sotogfortworthtexas.gov
<Coburn Food CSC Line added- signed—encrypted—encrypted— (part 1) -
signed.pdf>
<1 st Addendum Coburn (4.7.20).pdf>
3
Soto, Vania Elizabeth
From: Wallach, Tyler
Sent: Friday, April 10, 2020 11:39 AM
To: Rodriguez,James
Cc: Soto, Vania Elizabeth; Long, Tracy
Subject: RE:Addendum to Coburn Contract Error
Email Coburn and explain the issue and ask for permission to mark through and make the change. Then,Vania can
change it. Please include the email with the contract.
Sincerely,
Tyler F. Wallach
Senior Assistant City Attorney
200 Texas Street
Fort Worth, Texas 76102
817-392-7 607
TVIer.Wallach@fortworthtexas.gov
City of Fort Worth—Working together to build a strong community.
RECIPIENTS- PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT
COMMUNICATIONS.
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity
to which they are addressed.This communication may contain material protected by the attorney-client privilege. If you
are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised
that you have received this e-mail in error and that any use,dissemination,forwarding, printing, or copying of this e-mail
is strictly prohibited. If you have received this e-mail in error, please immediately notify Tyler Wallach at the City of Fort
Worth City Attorney's Office (817) 392-7607.
From: Rodriguez,James<James.Rod riguez@fortworthtexas.gov>
Sent: Friday,April 10, 2020 11:35 AM
To: Wallach,Tyler<Tyler.Wallach@fortworthtexas.gov>
Cc:Soto,Vania Elizabeth <Vania.Soto@fortworthtexas.gov>; Long,Tracy<Tracy.Lo ng@fo rtwo rthtexas.gov>
Subject: RE: Addendum to Coburn Contract Error
Tyler,
Coburn CSC#53760 but the first sentence states 53742, how can we fix?See below
1