HomeMy WebLinkAboutContract 59302CSC No. 59302
FORT WORTH
CITY OF FORT WORTH
COOPERATIVE PURCHASE AGREEMENT
This Cooperative Purchase Agreement ("Agreement") is entered into by and between B1ueTriton
Brands, Inc ("Vendor") and the City of Fort Worth, ("City"), a Texas home rule municipality.
The Cooperative Purchase Agreement includes the following documents which shall be construed in the
order of precedence in which they are listed:
1. This Cooperative Purchase Agreement;
2. Exhibit A — B1ueTriton Pricing for Most Common Products;
3. Exhibit B — Cooperative Agency Contract (Choice Partners Contract #21-035TP); and
4. Exhibit C — Conflict of Interest Questionnaire
Exhibits A, B, and C, which are attached hereto and incorporated herein, are made a part of this
Agreement for all purposes. Vendor agrees to provide City with the services and goods included in
Exhibit A pursuant to the terms and conditions of this Cooperative Purchase Agreement, including all
exhibits thereto.
City shall pay Vendor in accordance with the fee schedule in Exhibit A and in accordance with
the provisions of this Agreement. Total payment made under this Agreement for the first year by City
shall not exceed Two Hundred Thirty -Seven Thousand Dollars ($237,000.00). Vendor shall not
provide any additional items or services or bill for expenses incurred for City not specified by this
Agreement unless City requests and approves in writing the additional costs for such services. City shall
not be liable for any additional expenses of Vendor not specified by this Agreement unless City first
approves such expenses in writing.
The term of this Agreement is effective beginning on the date signed by the Assistant City
Manager below ("Effective Date") and expires on June 19, 2023 to correspond with the term of the
cooperative contract. The City shall be able to renew this agreement for two (2) one-year renewal
options by written agreement of the parties.
Vendor agrees that City shall, until the expiration of three (3) years after final payment under this
Agreement, or the final conclusion of any audit commenced during the said three years, have access to
and the right to examine at reasonable times any directly pertinent books, documents, papers and records,
including, but not limited to, all electronic records, of Vendor involving transactions relating to this
Agreement at no additional cost to City. Vendor agrees that City shall have access during normal
working hours to all necessary Vendor facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give Vendor
reasonable advance notice of intended audits.
Notices required pursuant to the provisions of this Agreement shall be conclusively determined
to have been delivered when (1) hand -delivered to the other party, its agents, employees, servants or
representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3)
received by the other party by United States Mail, registered, return receipt requested, addressed as
follows:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
To CITY:
City of Fort Worth
Attn: Fernando Costa, Assistant City Manager
200 Texas Street
Fort Worth, TX 76102-6314
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
B1ueTriton Brands, Inc
Kathy Nieto, Sales Support Coordinator
Address:
900 Long Ridge Rd. Bldg 2
Stamford, CT 06902
Facsimile: N/A
Email: Kath..nieto e,water.nestle.com
The undersigned represents and warrants that he or she has the power and authority to execute this
Agreement and bind the respective Vendor.
CITY OF FORT WORTH:
By:
Name: Fernando Costa
Title: Assistant City Manager
Date: Apr 28, 2023
APPROVAL RECOMMENDED:
Z
Robert IIenA dredge Jr. (Apr 28,202312:15 CDT)
Name: Robert A. Alldredge Jr
Title: Executive Assistant Chief
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.
Name: Keith L. Morris
Title: Assistant Police Director
APPROVED AS TO FORM AND LEGALITY:
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ATTEST: of FO!!>wad By:
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By:
Name: Jannette Goodall
Title: City Secretary
VENDOR:
B1ueTriton Brands, Inc
By:
Nam Kathy Nieto
Title: Sales Support Coordinator
Date: 4/26/2023
Name: Jeremy Anato-Mensah
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0298
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
CPCHOICE' F4qadY Exhibit A
PARTNERS fresh -
The Right Resources. Right Now. JUSTCua •" 1:
AND GUf NCN
November 30, 2022
Program for Bottled Water, Cooler Equipment, Filtration Equipment, and Cups for Choice Partners
Members
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Products (Most Common)
List Price
Choice Partners
Pricing 1.1.23
%
Increase
5 Gallon Purified Drinking Water - Nestle Pure Life
$ 12.99
$4.89 4 $5.59
14%
5 Gallon Natural Spring Water
$ 14.99
$5.29 4 $5.99
13%
5 Gallon Distilled Water
$15.99
$5.49 4 $5.99
9%
3 Gallon Natural Spring Water
$ 12.99
$4.99 4 $5.39
8%
.5L Regional Spring SPARKLING 24 ct. - where available
$14.99
$11.99 4 $11.99
-
1 Gallon Regional Spring or Distilled 6 ct.
$ 14.99
$11.99 4 $11.99
-
8 oz Natural Spring Water 48 ct.
$17.99
$10.99 4 $11.99
9%
8 oz Drinking Water - Pure Life 24 ct.
$8.49
$6.82 4 $6.82
-
.5L Regional Spring Water Cases 24 ct.
$8.99
$5.99 4 $5.99
-
.5L Nestle Pure Life NPL Cases 24 ct.
$7.99
$5.49 4 $5.59
2%
Splash Blast .5L 24 ct. Various Flavors
$14.99
$9.99 4 $10.99
10%
1 Liter Natural Spring Water 15 ct.
$17.99
$15.99 4 $16.99
6%
700 ML Oz Natural Spring Water Sports To
$12.99
$7.99 4 $8.99
12%
Hot & Cold Water Cooler per month
$ 5.99
$2.99 4 $3.29
$159.99 4 $239.99 Sold
10%
50%
Cold & Room Temp. Water Cooler per month
$ 5.99
$2.99 4 $3.29
$159.99 4 $239.99 Sold
10%
50%
Hot & Cold - Carbon Filtration System White Unit
$ 31.99
$29.994 $29.99
-
Cold & Room Temp. - Carbon Filtration System White Unit
$ 31.99
$29.994 $29.99
-
Hot Cold Reverse Osmosis Filtration System
$39.99
$34.994 $34.99
-
4.25 oz Cone Cups (200ct.)
$5.99
$4.99 4 $4.99
-
8 oz Styrofoam Cups (25 ct.)
$3.99
$1.99 4 $2.05
3%
10 oz Hot/Cold Cups 50ct.
$5.99
$3.19 4 3.39
6%
9 oz. Plastic Cups 50 ct.
$5.99
$2.49 4 2.86
16%
Del Fee non -school or govt only). School-Govt @ $0.00
$9.99
$0.004 $7.99
Professional Cleaning Service
$94.99
1 $69.994 $79.99
14%
"Pricing is exclusive of applicable charges in states with Bottle Bills: CA/CT/MA/MI/NY)"
Highlights
Bob Geibler (info below) for consultation Enterprise Service Center- Platinum
1. ReadyRefresh Area Growth Manager (AGM) places order for set-up
- Typically, locations are set-up within 3-4 days after order placed Mon -Fri, 8:00am - 6:30pm EST
2. Recurring orders planned for regular frequency, i.e., bi-weekly / monthly Phone: 844-855-4598
3. Minimum order of $35
E-mail: EnterprisePlatinum@bluetrton.com
4. Changes can be made via Call Center or on website (www.readaefresh.com)
-Orders can be changed outside of 24 hours in advance
Program Contacts
Company Name Title Phone Email Address
ReadyRefresh Chuck Kuznicki Area Growth Manager 832-722-1774 Charles.kuznicki(&bluetriton.com
ReadyRefresh Bob Geibler National Acct Mgr 214-906-4444 Robert.geibler@bluetriton.com
CPCHOICE'
PARTNERS
Re Rwir Rgsouress q.,ghr 1yo
May 28, 2021
Exhibit B
Chuck Kuznicki
Ready Refresh by Nestle, a division of Nestle Waters North America Inc.
Subject: Contract Award
Dear Chuck Kuznicki:
Congratulations! Harris County Department of Education (HCDE) has awarded
Ready Refresh by Nestle, a division of Nestle Waters North America Inc. a contract for the following
commodity/service, based on the proposal submitted to HCDE Choice Partners and Board Approval on May
19, 2021:
Bottled Drinking Water, Coolers, and Other Related Products Contract No. 21/035TP
The contract is effective 06/20/2021 and will expire on 06/19/2022. The contract may be renewed annually
for up to 3 additional years, if mutually agreed to by Choice Partners and Ready Refresh by Nestle, a division
of Nestle Waters North America Inc..
Your contract manager, Trisha Prestigiacomo, is available to set up an appointment to discuss the contract
details and new vendor orientation. The partnership between Ready Refresh by Nestle, a division of Nestle
Waters North America Inc. and Choice Partners should be mutually beneficial for us, as well as our
participating agencies.
A press release announcing the awards made this month is posted both at www.choicepartners.org and at
www.hcde-texas.org. Your contract manager can send you the Choice Partners seal to add to your website
and marketing materials and will request additional information as needed so we can accurately describe your
company on our website. A signed contract page is included with this Award Letter.
If you have any questions or concerns in the meantime, please feel free to call us at the office at 713-696-
0742 or e-mail at trisha@choicepartners.org.
Sincerely,
? S Q �_' ^' -0
Jeff Drury, Director
Choice Partners
Division of Harris County Department of Education
6005 Westview Dr., Houston, TX 77055 713.696.2122 877.696.2122 www.ChoicePartners.org
EXECUTION OF OFFER
The undersigned Proposer has carefully examined all instructions, requirements, specifications, terms and conditions
of this RFP and the Agreement and certifies:
1. It is a reputable company regularly engaged in providing goods and/or services necessary to meet the
requirements, specifications, terms and conditions of the RFP and the Agreement.
2. It has the necessary experience, knowledge, abilities, skills, and resources to satisfactorily perform the
requirements, specifications, terms and conditions of the RFP and the Agreement. Further, if awarded,
the Proposer agrees to perform the requirements, specifications, terms and conditions of the RFP and
the Agreement.
3. All statements, information, and representations prepared and submitted in response to this RFP are
current, complete, true, and accurate. Proposer acknowledges that HCDE will rely on such statements,
information, and representations in selecting the successful Proposer(s).
4. It is not currently barred or suspended from doing business with the Federal government, any of the
members represented, or any of their respective agencies.
5. It shall be bound by all statements, representations, warranties, and guarantees made in its proposal,
6. Submission of a proposal indicates the Proposer's acceptance of the evaluation technique and the
ProposeCs recognition that some subjective judgments may be made by HCDE and its membership as
part of the evaluation.
7. That all of the requirements of this RFP and the Agreement have been read and understood. In addition.
compliance with all requirements, terms and conditions will be assumed by HCDE if not otherwise
noted in the proposal.
8. The individual signing below has authority to enter into this on behalf of Proposer.
9. Proposer acknowledges that the Agreement may be canceled if any conflict of interest or appearance of
a conflict of interest is discovered by HCDE.
10. This Agreement is subject to purchase orders duly authorized and executed by HCDE.
i CORPORATE NAME:
iReady Refresh by Nestle a division of Nestle Waters North America Inc
[AUTHORIZED SIGNATURE:
PRINT NAME:
i / uf_%7 --,cP
IChuck Kuznicki
ITLE•
IKey Account Development Manager
DATE:
I4/6/2021
ADDRESS:
3 5 I 5- . To r tj r of-, Ow 5l-cw T T17 5
CITY, STATE ZIP CODE:
Houston, TX 77054
PHONE:
713-875-8349
FAX:
EMAIL ADDRESS:
Chuck.kuznicki@waters.nestle.com
WEBSITE URL
iReadyrefresh.com
Contract Number: #21/035TP
This Section to be Completed by HCDE
Terre of contract: 06/20/2021 to 06/19/2022
Vendor shall honor all CP Administrative Fees for any sales resulting from this Contract whether Vendor is awarded a
renewal or not.
Approved by Harris County Department of Education:
472safAN- pw
Jesus Amezcua (May 25, 202110:23 CDT)
Jesus J. Amezcua, PhD., CPA, RTSBA
Assistant Superintendent for Business Services
Updated 1.2021
05/19/2021
Board Approval Date
Page 4 of 36
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CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session.
OFFICE USE ONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who
Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
1 Name of vendor who has a business relationship with local governmental entity.
BlueTriton Brand, Inc.
Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated
NS*4
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
u became aware that the originally filed questionnaire was incomplete or inaccurate.)
1,
3 Name of to overnment officer about whom the information is being disclosed.
Name of Officer
4J Describe each employmen other business relationship with the local government officer, or a family member of the
officer, as described by Sectio 6.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for ea ployment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family m er of the officer receiving or likely to receive taxable income,
other than investment income, from the vendor?
Yes El No
B. Is the vendor receiving or likely to receive taxable income, other th nvestment income, from or at the direction
of the local government officer or a family member of the officer AND t xable income is not received from the
local governmental entity?
F1 Yes 171 No
11 Describe each employment or business relationship that the vendor named in Section 1 maintains w corporation or
other business entity with respect to which the local government officer serves as an officer or dire c or holds an
ownership interest of one percent or more.
6
❑Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
4/26/2023
Signature of ve&idor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 1/1/2021
M&C Review
Page 1 of 3
A CITY COUNCIL AGEND
Create New From This M&C
DATE: 4/25/2023 REFERENCE NO.: **M&C 23- LOG NAME:
0298
CODE: P TYPE: CONSENT PUBLIC
HEARING:
Official site of the City of Fort Worth, Texas
FLIRT NORTH
"111v
13P COOP DRINKING
WATER CC PD
NO
SUBJECT: (ALL) Authorize Execution of a Purchase Agreement with BlueTriton Brands, Inc. in an
Annual Amount Up to $237,000.00 for Bottled Drinking Water, Cooler and Other Related
Products for City Departments Using Choice Partners Cooperative Contract No.
21/035TP
RECOMMENDATION:
It is recommended that the City Council authorize execution of a purchase agreement with BlueTriton
Brands, Inc, in an annual amount up to $237,000.00 for Bottled Drinking Water, Cooler and Other
Related Products for City Departments Using Choice Partners Cooperative Contract No. 21/035TP
and authorize two consecutive one-year renewal options.
I1]6' 411111*1*01►F
City Departments (Development Services, Diversity & Inclusion, City Secretary, Neighborhood
Services, Transportation & Public Works, Property Management, Code Compliance, Public Events,
Police, Fire, Municipal Courts, Aviation, Water and Park & Recreation) will purchase bottled drinking
water and other related services using Choice Partners contract number 21/035TP.
COOPERATIVE PURCHASE - State law provides that a local government purchasing an item under a
Cooperative Purchasing Agreement satisfies state laws requiring that the local government seek
competitive bids for purchase of the items. Choice Partner contracts have been competitively bid to
increase and simplify the purchasing power of government entities. RFP 21/035TP was issued on
March 12, 2021 and advertised in the Houston Chronicle. The RFP opened on April 9, 2021; Six (6)
responses were received.
DIVERSTIY & INCLUSION - A Business Equity goal is not assigned when purchasing from an
approved purchasing cooperative or public entity.
AGREEMENT TERMS - Upon City Council approval, the agreement will begin upon execution and
end on June 19, 2023, with two (2) one-year renewal options to correspond with the term of the
cooperative contract. This action does not require specific City Council approval provided that City
Council has appropriated sufficient funds to satisfy the City's obligations during the renewal
terms. Staff anticipates that the costs for renewal years shall remain approximately the same as the
initial year.
ADMINISTRATIVE CHANGE ORDERS - An administrative change order or increase may be made
by the City Manager or his designee 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.
The maximum annual amount allowed under the agreements will be $237,000.00, however the actual
amount used will be based on the need of the department and available budget. The annual
department allocation for this agreement is:
Annual Amount
Development Services 11 $1,350.001
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30925&councildate=4/25/2023 5/1/2023
M&C Review
Page 2 of 3
Diversity & Inclusion
$1,036.29
City Secretary
F $971.46
Neighborhood Services
$12,292.76
Transportation & Public Works
$17,099.61
Property Management
F $1,043.42
Code Compliance 1
$2,190,24
Public Events IF
$2,000.00
Police
$120,000.00
Fire
$21,500.00
Municipal Courts
F $5,500,00
Aviation
$5,000,00
Water
$31,300.00
Park & Recreation
F $15,000,00
Funding is budgeted in the participating departments operating funds.
This project will serve ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds are available in the current operating budget, as
previously appropriated, in the participating departments' Operating Funds to support the approval of
the above recommendation and execution of the agreement. Prior to any expenditure being incurred,
the participating departments have the responsibility to validate the availability of funds.
BQN\\
Fund
Department
ID
Account
Project
ID
Program
Activity
Budget
Year
Reference #
(Chartfield 2)
Amount
0M
Fund
Department
ID
Account
I
Project
I ID
Program
I
Activity
I
Budget
I Year
Reference #
Chartfield 2
Amount
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
FID TABLE for Bottled Water
Image (18)jpq (CFW Internal)
Reginald Zeno (8517)
Fernando Costa (6122)
Reginald Zeno (8517)
Neil Noakes (4212)
Jo Ann Gunn (8525)
Cristina Camarillo (8355)
XISX (CFW Internal)
http://apps.cfwnet.org/council_packet/mc_review.asp?ID=30925&councildate=4/25/2023 5/1/2023
M&C Review
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SAMs 10.19.2023 BlueTriton Brands.pdf (CFW Internal)
http://apps.cfwnet.org/council_packet/mc review.asp?ID=30925&councildate=4/25/2023 5/l/2023