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HomeMy WebLinkAboutContract 53814-A3R3DocuSign Envelope ID: AOC3028B-FC34-4594-B831-798581FB05AA 53814-A3R3 THIRD AMENDMENT AND THIRD RENEWAL OF CITY SECRETARY CONTRACT NO. 53814, A VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF FORT WORTH AND US FOODS, INC. This THIRD AMENDMENT AND THIRD RENEWAL ("Third Amendment and Third 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; WHEREAS, on February 9, 2022, the Parties amended the Agreement to update the scope of service and exercised the Second Renewal Term; WHEREAS, the Second Renewal Term expired on October 1, 2022; WHEREAS, it is the collective desire of the Parties to amend the Agreement to update the scope of service and exercise the Third 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-2, 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, 2022 and expiring on September 30, 2023. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Third Amendment and Third Renewal of CSC 53814 Page 1 of 3 DocuSign Envelope ID: AOC3028B-FC34-4594-B831-798581FB05AA 1. All terms and conditions of the Agreement that are not expressly amended pursuant to this Third Amendment and Third Renewal shall remain in full force and effect. 2. All terms in the Third Amendment and Third Renewal that are capitalized but not defined shall have the meanings assigned to them in the Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Third Amendment and Third Renewal in Tarrant County, Fort Worth, Texas. City: By: C�V� Name: Jesica McEachern Title: Assistant City Manager Date: Feb 20, 2023 Vendor: DocuSigned by: By: 9til u, Ms Name: Mi e ! 4, Wa is Title: Vice President National Sales Date: 2/6/2023 FOR CITY OF FORT WORTH INTERNAL PROCESSES: Approval Recommended: By: )aw fo-�- Name: Dave Lewis Title: Acting Director P\aarr�'ky"�L& Recreation Department By: Sandra You od (Feb 8, 2023 10:38 CST) Name: Title: Sandra Youngblood Assistant Director Park & Recreation Department Approved as to Form and Legality: ALL NicoArias 16:32 CST) Name: Nico Arias Title: Assistant City Attorney Contract Authorization: M&C: 19-0366 Form 1295: 2019-549147 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: Name: Title: 'Jujv'�� 6"t!4"' Sheri Endsley District Superintendent Park & Recreation Department 4,dQvoanu a tpdp City Secretary: ;moo ° 0, Pam° d OVS �=d s ad4b nEoos4aa By: Name: Jannette S. Goodall Title: City Secretary Third Amendment and Third Renewal of CSC 53814 OFFICIAL RECORD Page 2 of 3 CITY SECRETARY FT. WORTH, TX DocuSign Envelope ID: AOC3028B-FC34-4594-B831-798581FB05AA EXHIBIT A-2 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. Katheryne Bradbury (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 5:00pm Sunday through Friday. Customer Service is open from 8:00am to 12:00pm on Saturday. Vendor's Will Call location shall be open from 7:30am to 4:30pm Monday through Friday and 8:00am to 2:00pm 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 5:00pm 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. Third Amendment and Third Renewal of CSC 53814 Page 3 of 3