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
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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