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HomeMy WebLinkAboutContract 28471�IiY S�GR�TAI�1� C�� C�N�'RACT i� . _ . �� FORT WORTH MUNICIPAL BUII..DING FOOD SERVICE FACILITY AGREEMENT WHEREAS, the City of Fort Wor�h desires to enter in�o an agreement for operating and servicing of a ca.feteria and related �ending facilities to provide food service to its employees and m�mbers of the public; and WHEREAS, Vanguaxd Resources, Inc. presen�t� pro�vides food services in the Metroplex and propose to equip and operate th� cafet�ria and v�nding facilities for the City of Fort Worth; and WHEREAS, the City of Fort Worth and Vanguard Resources, Inc. mutually desire to enter into an agreement whereby, for the below stated consideration, Vanguard Resources, 7nc. will operate cafeteria facilities as descrihed in its bid proposal to the City of Fort Worth and will also operate tbe related vending Facilities as described in Exhibit A. NOW, THEREFORE, KNOW ALL BY THESE PRESENTS: That, for and in consideration of the mutual covenants, promises and agreements contained herein, the City of Fort Worih, hereinafter referred to as "City", ac�ing by and th�rough Bridge�te Garreti, its duly authorized Inferim Assistant City Manager, and Vanguard Resourc�s, Inc., hereinafter referred to as "Coniractor", do hereby cavenant and agree as follows: 1. PURPOSE Subject to all of the terms, provisions and conditions herein sei forth, City heareby grants to Contractor fihe right ta operate the cafeteria and vending facilities in the Foz'i Worth Municipal Complex designated by the City Manager or his authorized representativ�. Such facilities wi11 be operated for the purpose of selling to City employees and to the public soft drinks, candies, confections, notians, food and related items. No alcoholic beverages of any kind will be siored, dispens�d or sold. 2. LICENSE Th� license herein granted sha11 extend to the Contractor only in the area o� tl�e Fort V�orth Municipal Camplex described and delineated on the attached plan m�rked Exhibit "A", which Exhibit is incorporated herein by reference �or all purposes. This Agreerz�ent shall not be exclusive in areas intended for use by City employees in connection with the p�rform�nce of �heir duties nor shall this Agreement prohibit City from allowing certain groups or organizations to periadically sell food or faod products on the premises. No vending equipment shall be located outside of the principal vending area as designated on Exhibit "A" wi#hout �he express written approval of the City Manager or his duly authorized re}�resentative. Contrac.t�rr sh�1�1 �ak permi� any person to use the cafeteria or vending iacilities for any unla�ful or i���;4����,��;-;;�� � ��.r .i �� 1 ' . ' . �� 3. TERM AND PAYMENT 3.1 The primary term of this Agreement shall be for a period of two (2) years, and shall be automatically renewed far three additional one-year terms, said primary term commencing on March 24, 2003, or the date of fuli operation of the cafeteria and vending facilities whichever is later. Noiwithsianding the foregoing, either party may, with ar without cause, apt not to renew the Agreement during the aption period by notifying in writing the other party at least 12U days prior to the beginning of the option year. 3.2 As consideration for the rights granted to Contractor hereunder, Contractor sha.11 pay City a monthly flat %e for the first ti�vo years and a renegotiated arnount for each one year remaining under the option based on the cost of city services provided to Contractor. Th� current fee is as follows: 2003 - $400 manth 2004 - $400 month 2005 - $400 month Such consideration shall be paid monthly on or before the twenty-fourth (24th) day of each calendar month during the term hereof, for the preceding calendar manth, vvith the first payment ta be due April 24, 2Q03 and the final payment Apri124, 2005, vvith the renegoiated amount for the option years to follow the sarri� schedule. Cvntractor shall be assessed a late payment charge in the �vent paym�nt is noi made as specified, calculated at the maximum interest raie allowed by law, not to exceed twenty-four percent (2�4%) per annum. Contractor sha11 deposit to its bank account all generated revenue derived frorn cafeteria, catering and vending services. Within ninety (90) days after the end of each one-year tertn under the Agreement, Contractor sha11 pro�vide Ciiy an annual surnlnarized Income & Expense Report. Contractor, in the Income & Expens� Report, shall set forth revenuc; derived from the above- referenced services, minus labor costs, food costs and miscellaneous expen�es. Contractor sha11 deduct a fiftee� perc.ent (15%) operation� fee fram the net amour�t priar to deterniining shared savir�gs, if any. After the deduction of the fifteen percent (15%) fee, the remainder will be attributed as follaws: 25% City 25% Team 50% Contractor 3.3 A11 such payments shall be made to the Office of the Finance Director, Finance Depariment, 1000 Throclrnzorton Street, Fart Worth, Texas 76102. 2 4. CONTRACTOR OBLIGATTONS 4.1 Cantractor agrees to operate the cafeteria and vending faciliti�s in a first class manner and in strzct compliance with all applicabl� laws, Federal, �tate and local, including all applicable ordinances and the Charter of the City of Fort Worth, all applicable rules, regulations and r�quirements of the Health, Palice and Fire Departmen�s, and shall ahey ali other applicable regulations of the Ciiy of Fort Worth. The services and operatians ta be perfarmed by Contractor are descrihed in Contractor's services proposal, which is attached hereto as Exhibit "B" and incorporated herein far ail purposes. Where any conflict in provisians exists bett�veen this AgreemenY and Exhibit "B°, this Agreernent shall control. All work sha11 be performed in accordance with the terms of this Agreement and for the consideratian herein stated. 4.2 Contractor shall obtain and pay for all necessary p�rmits and licenses in connection wifh the aperation of the cafeteria and �ending facilities, and shall pay for aa�d remit to �he appropriate authorities a.11 applicable taxes owing in connection with its operations under this Agreement. Contractar sball use only cl�an, up-to-date vending equipment in its operations on ihe demised premises. Contractar shall keep �he vending facilities ope� for business during such hours and on such days as may be prescrihed by City. Contractor sha11 keep the cafeteria facilities open for business for breakfast and lunch Monday through Friday. 4.3 City vui11 maintain an active preventive maintenance program on all oi its facilities and equipment to ensure the overall effectiveness of the ca�eteria aperations, The maintenance program shall include but not be limited to: pest control, grease traps, enzynie pragrams, vent hoods, food preparation and storage equipment. A11 repair and preventive �aintenance cos#s to the City�o�vned facility i.nfrastructure, as well as cafet�ria area equipmen#, will be borne by the City. Contractar agrees that it will, at its own expense, keep, and rnaintain the faod service equipment owned or furnished by Contractar in good condition. Contractor sha11 reiurn all city owned equipment and ca�eteria and vending faciliti�s to City upan the expiration or ter�nination of this Ageeme�t in the condition received, ordinaty wear and tear and loss or daffiage caused by fire, flood or act of God excepted. City sha11 have the right and privilege, thra�gh its agents and afficials, to make inspeciion of the demised prernises and thereafter ta mal�e reasonable recomrnendations to Contraetar of any repairs that, in the Ciiy's opinion, are necessary ta be performed by Contractor upon the demised premises in accordance with the faregoing. Contractar will commence repairs within a reasonable time not to exceed thirty (30} days from the date that such recornmendations are mad�. Ail equipment and supplies provided by Conkractor shall remain Contractor's, and Contractor shall have the right to rernove a11 equipment and supplies upon ternunation of the Agreement. 4.4 Contractor shall furnish to the City Manager or 1�is duly authorized representative in advance of its aperatians, a list af the it�ms, goods, services and/or products to be dispensed or sold on a regular basis by Contractor on City premises and the prices ta be charged t�erefor. �uch list sha11 be approved by the City Manager or lus duly authorized representative and shall be subject to reconsideration and review from tzme to time when desired by City ox the Contractor, but no ame�dment thereoi shall take effect until approved in writing by the City Manager or his � duly autharized representative. Items, goods, services and/or products not reflected an said list rnay be soLd by Contractor from time ta tiume at prices camparable ta those charged %r regularly sold iterr�, but not to the exclusion of any items, goods, sarvice andlor products on said 1isi. Contractor shall post in a conspicuous place on the described premises a list of all approved prices to be charged for items, goods, services and/ar products sold hereunder. 4.5 Cantaractor shall furnish a sufficient numl�er of trained, cau�eaus personnel to efficiently operate the aa.feteria and vending services hereunder. 5. CITY RESPONSIBILITIES 5.1 City shall furnish and maintain, at its sole expense, ihe cafeteria and vendin� facilities, {but not the faod service equipment owned by Contractor) including toilet facilities and dressing roorns for Contractor employees normally made available to City employees. City shall fumish, at its sale expense, such electriciry, gas, water, heat, air canditianing and sewerage utilities as a�e necessary for tl�e ef�cient aperatzon of the cafeteria and vendang facilities. City shall monitor annually the useage of such expense to ensu�'e recovarery of the cost associated th�rewith. City shall be responsible for the periodic waxing and buffing of floars and cleaning, shampooing and rnaintaining, the caipets. City shall designate a location in the Fort Worth Municipal Building where Contractor shall deposit b�asl� and gairbage in such containers as may be prescribed by City, and City shall provide for the removal of trash and garbage from such designat�d lacations. 5.2 City, through its duly autharized representatives, shall hawe the full and unrestricted right to enter the premises herein damised for the purpase of c�oing any and all things which City is authorized or required to do under ihe tern�s of this Agreement or which may be deemed necessary far �he prnper canduct and operation of City'� Municipal Building. 5.3 Ciiy shall b� responsible for providing adequate security for Contractor personnel, equipment, inventory and cash while on City's premises; however, City does not warrant th� prevention of any lass to Contractor due to vandalism, riot or forcibl� entry. 6, ALTERATTON AND ADDTTION TO PREMISES b.1 Contractor shall not make or suffer any waste or damage to the premises, nor wilj Contz-actor cause or permit any holes to be drilled or made into any concrete, stone, brick or plaster, nor any placards or szgns, however attached to City premises, ta be placed at any location in the Fort Worth Municipal Complex ar on ihe grounds thereot' except as specifically provided below. Contractor shall not make any material alterations or additions to the prernises without express approval in writing in advance by the Cxty Manager or his duly authorized representative. Any architectural addiiions or alterations rnade and attached to the premises by Contractor shall become the property of City upon iermination of this contract. Contractor may, at its ovsm expense and with the priar written approval af the City Manager or his duly authorized representa�ive, install signs in the Fart Worth Municipal Cornplex inclicating the location and nature af the food s�rvice faciliti�s; however, any signs so installed must be in keeping with the design of the building and of other signs therein. Cantractor agrees to rei.mburse City for any 4 d�rnage ox injury resulting from the installation, maintenance or removal of any such signs. Gity sha11 not be respon.sible for any damages or loss to such signs. 6.2. All food service outlets shall be located as identified an Exhibit"A". Any changes require t�e prior written approval of the City Manager or his duly autharized representative. 7. INSURANCE 7.1 Cantractar shall comply with the following insurance requirements: Commercial General Liability $1,000,000.00 each occurrence 2,000,000.00 aggregate 254,000.00 fire legal liabili�y insurance Coverages included under the policy shall not e�clude: products/completed aperations; contractual liability; personal injury and advertising liability. Auto Liability $1,OaQ,000.00 each accident 7.2 Coverag� is to be any auto used in the course of Confiractor's services performed under this contract agreement. Workers' Compensation Ix�.surance Part A: statutory lirnits - Part B: employer's liability $1 fl0,000.00 SOO,QOO.pO �ao,000.00 each accident disease -- each ernployee disease — policy limit The policy is to b� endorsed with a waiver of subrogation in favor of the City of Fort Worth. Other insurance requirements and terrns The City is to be �ndarsed as an adclitional insured under Contractar's liabiliiy insurance policies. ��) Tkfe deductible limit on any one policy far any one aacurrence sha11 not exceed $5,000.00 unless otherwise approved by the City. ro� (c) Insurers of any and all insurance policies maintained by Contractor sha11 be auihorized, or not disapproved to do business in the staie of Texas, by the Texas Department of Insurance and be of financial strength and solvency acceptable to the City of Fori Worth. 5 (d) Certificate of Insurance must be provided to the City docum�nting required insurance coverage prior to commencement of operations coniracted herein. T�oughout the term af this con�ract, failure of the City to request certificates of Contractor's current insurance coverages shall not be construed as a waiver of such insurance requirements. (e) Each Insurance policy shall be endorsed with a thirty days notice of cancellation, nan-renewal, or material change in coverage suc�i that the City is assured to r�ceive in writing such notice accoz'dingIy. (f} Contractor shall procure certif�cates of insurance from its key subcontractors and/ar suppliers docurnenting reasonably equivalent insurance coverages and limits thereof as thase required of the Contracfar. Upon request by the City, Contractor shall provide City such insu�ance documentation within a reasonable time frame of City's request and at no cost to the City. This insurance requirement may be waived at the sole discretion of the City. Additionally, upon termination of this Agreement, Contractor agrees to provide in any agreement it has with a vending subconiractor that such vending agreement with Contractor sha11 automatically and unconditionally transfer to the City. 7.3 Property insurance coveri�z�g the contents belonging to Contractor and/or any supplies or materials far which the Contractor is responsible shall be tbe legal liability of tl�e Contractor az�.d not that of the City. 8. RIGHT TO AUDIT 8. Contractor agrees �iat �e C�ty shall, until the expua�ion of three (3) years after finai payment under this Contract, have access io and the right to e�cam�ine any directly pertinent books, documents, papers and recards af the Contractar involving transactions relating to this Contract. Cantractor agrees that the City shall have aecess during normal working hours to aIl nEc�ssary Contractor facilii�es and shall be provided adequate and appropriate workspace in order to conduct audits in compliance wiih the provisions af this section. The City shall give Contractor reasonable advance noiice of intended audits. Con�ractor further agrees to include in all of its subcontractor agreaments hereunder a provision ta the effect that the subcontractor agrees that the Ciiy shall, until the expiration of threa (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions io t�ie subcontract, and further that City shall have access during normal wokring hours to a11 subcontractor facilities and shall be provided adequate and appropriate wozkspace in order to conduct audi�s in compiiance with the pravisions oithis paragraph. City shall give suhcontractor reasonable advance notice of intended audits. � 9. T�RMIIVATION 9.1 Except as atherwisa provided herein, any breach, default or failure by Contracior to perform any vf the duties or obligations assumed by Contrac#or hereunder or to faithfully keep and perfarm any of the terms, conditians and provisians hereof shall be cause far iermination of this ageeement by City in �he ma�aner set farth in this paz'agraph. City shall deliv�r to Contractor thirty (30) workiu�g day's prior written notice of its intentian to so �errninate this agreement, including in such noizce a reasonablc description of the breach, default or failure. If within said thiriy (30) working days of receipt of such notice, Coniractor sha11 fail or refuse to cure, adjust or correct same to the satisfaction o£ City, tb.en and in such event Cify shall have th� right, without �urther notice to Contractor and without b�ing d�erned guilty of trespass and withoui any liability whatsoever on the part oithe City, to declare this Agreement terminated and enter upon and take full possession of the premises, by force or otherwise, and without legal pracess, e�pel, oust and remo�e any and all parties who may accupy any part af said pzemises. In the ev�nt of termination of this Agreement accQrding io its provision� by City, all rights, powers, and privileges of Coniractor hereunder shall cease and terminate as of �he ef%etive date of such terminaiion, and Con�ractor shall immediately vacate said premisas within tvvo (2} working days and sball make no clairn o� any kind whatsoever against City, its agents or representa�ives, by reason oF such termination. 9.2 Any �ailure by Ciiy to so terminate this AgrEement or the acceptance by City of fees �or any period af time af�er such brcach, default ar failure by Contractor shall not �ae determined to be a waiver by City of any rights to terminate this Agree�nent for any subsequent breach, default or failure. 9.3 City may ternunate this Agreement at any time for any reasan upon rYineiy (90) days' written notice to Contractor, and Cont�ractar may ter�ninate thi� Agreement at any time for any reason upon ninety (9�) days' written notice ta the City. 9.4 Contractor agrees that �n the event any pxoceedings in bankruptcy or insolvency sha11 be instituted againsfi Contractor, whether voluntary or involuntary, City may, at its option, declare this Agreement ternunated and upan such d�claration, Contractor agrees to give and deliver immediate possession of the prernises to City. 9.5 The Ci�y's right to terminate tlus Agreement shall be cumulative af any other legal or equi�able remedy available to City for hreach, default or faiiure by Cantractar, 10. TNDEPENDENT CONTRACTOR 10. � Cantractor shall operate hereunder as an independent evntractor and not as an officer, agent, servant or employee of City. Contractor shall have exclusive control af, and tbe exclusiv� right to control, the de#ails of its operation hereunder, and all persons perForming same, and sha11 be solely responsible for the acfs and omissions o� ifs afficets, agents, employ�es, contractors and subcantractors. The dochine o� the respondeat superiar shall not apply as between City and Contractor, its officers, agents, employees, contractors and subcontractors. Nothing herein sha11 7 be constr�zed as crea�ing a p�rtnership or join# ente�prise between City and Coniractor, its afficers, agents, employees, contractors and subcontractors. 10.2 Contractor agrees that no supervisory empioyees o� City will be hired by Contractor for the term of this Agreement and six (G) months thereafter. 10.3 Ci1y acknowledges that Con�ractor has invested considera�le amounts of ti.me and money in training its sup�rvisory employe�s in the sysiems, procedures, methods, forms, reports, formuias, computer programs, recipes, menus, plans techniques and other valuable in�ormation which is proprietary and unique to Con�ractor's mariner of conducting its busin�ss. Therefore, Cifiy ag.rees �hat supervisory emplayees of Contractar wi11 nei�her be hired by City to perform services similar to Contractor's business for ihe term of this Agreement and six (6} months ther�a�er, nor will City permit supervisory employees of Contractor ta be employed on City's premise to perform services similar to Con�ractor's busaness far a period af six (6) month subsequent ta the termination of this Agreement (unless such employees were formerly employ�es of City). For the purpose of this pz'ohibition, "supervisory employe�s" shall be defined as those persans who have diarectly or indirectly performed management or professional services on City's premises at any tune du�ring the twalve (12} manth period immediately preceding termination of this Agreement. 1.�.4 Tn addition, City agrees that i�'it violates th� conditions se� farth in the immediately pr�ceding paragraph, then subject to City Council appropriation of funds the City shall pay to Contractor and Contracto� shall accept as liquidated damages and nat as a penalty for sueh breach, an amount up to but not exceeding two tirnes the annual salary of �he Contractor supervisory employee hired by City ar allnwed to work on City's premis�s in �riolation of the terms of this Agreement. 11. INDEMNIFICATION 11.1 Subject to the terms and conditions of Section 7 hereof, Contractor a�'ees ta, and does hereby, indemnify, hald b�armless and defend City, its officers, agents, servants and employee�, from and against any and all claims �r suits far property damage, loss and/or personal injury, including death, to any and all persons, of whatsoever kind or character, whether real or asserted, arising out of or in cannection with Contractor's operaiions on City's prernises. 11.2 Subject ta the terms and canditions of Section 8 hereof, Contractor will likewise indemnify and hold harrnless City for any and a.11 damage, destruction ar loss of City property arising flut of or in connection wi�h the acts or omissions af Contractor, i#s officers, agents, employees, contractars, subcontractors, licensees, inviiees or customers. 11.3 It is expxessly understaod and agresd that Contraetar wi�l indemnify, hald harmless and defend City, its officers, agents, servants and employees from and against any and all claims ar suits for personal injury, including death, ta any and a11 persons, of whatsoever kind or character, whether real or asserted, arising out af or in connection with the consumption ar use of any items, goads, services andlar products sold an the herein described premises by Contraetor, its officers, agents, �r�ployees, contractors, subcontractors, licensees or invitees. : 11.4 Nothing in this Agreement shall require Contractor to indemnify Ci�y against or hold City harmless from any claims or suits for property damage, lass and/ar personal injury, including d�ath, arising out a�' City's negligence or that of its officers, agents, servants, amployees or subcontractors other than Contractor. 12. DISCRIMIl�TATION BY C�NTRACTOR 12.I Contractor, in the execution, �erformance or-attempted performance of this Agreernent, will not discritninate against any person ox persons an any unlawfi�I hasis no:r will Contractor permit its officers, mernbers, agents, �mployees or subconiractors to engage in such discriminatior�. 12.2 This Agreernent is made and entered into with reference specifically to the ordinances codified as Chapter 13A, Article III ("Discrimina�ion in Employrnent Practices"} of the City Cade of the City of Fort Warkh, and Contractar hereby agrees that Contractar, its offic�rs, members, agents, employees and subcor�tractors, have fully complied with all provisions of same and that no employee or employee-applicant has been discriminated against by the terms of such ordinances by either the Cantractor, its officers, members, agents, employees or subcon�ractaxs. 13. NOTTCES TO PARTIES 13. Noiice addressed tQ C1Ty �U�SLl�.11t tD the provisions of this Agreement shall be conclusively determi�ed to have been delivered a� the time same is deposited in the United State� rr�ail, Certified Mail, Return Receipt Requested, in a sealed envelope with sufficient postage attached, addressed to Jatnes Keyes, Finance Deparkment, City of Fart Worth, 1000 Throckmorton Street, Fort V4�orth, T�xas 75102, and notice to Coniractor shall be conclusiveiy determined to have been delivered at the tirne same is deposited in the United States mail, Certified Maii, Return Receipt Requested, in a sealed envelope with suf�icient postage aYtached, and adc�ressed to Ricky Pawexs, President, Vang�ard Resources, Inc., 17304 Henderson Pass, Suite 270, San Antonio, TX 7$232. 14. VENU�; JURISDICTION 1�. Should any action, whether real ar ass�rted, at law or in equity, at-is� out of the execntion, performance, attempted performance or nonperformance af this Agreement, exciusive venue for said acfion shall lie in Tarran� County, Texas. This agreexanent and any ac�.an in connection herewith shall be governed, constru�d and �nforced by the laws of the State of Texas. 15. SEVERABII,ITY I5. In cas� any one or more of the provisions contained in ihis Agreemeni shall, for any reason, ba held io be invalid, illegal or unenforceable in any respect, such invalidity, illegalrty or unenforceability shall not ai%ct any ather provision of this Agreemeni, which Agre�rnant shall � be canst�ued as if such invalid, illegal or ur�enforceable provision had never been contaxned herein. 1 b. NON-AS S�GNABILITY 16. Except as otherwise expressly provided herein, this Agreement is non-assigtia6le and any unautharized purported assignment ar delegation of any af Cantractor's rights or du�ies hereunder, without the prior written co�sent of City, shall be void and constitute a breach of this Agr�ement. This agreement shall be binding upon the parties, their successors and permitted assigns. 17. N�N-WAI�ER 17. Tha failur� of �ither party to insist upon the performance of any t�rm or provision of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of either party's right to assert or rely upon such term or right on any future occasion. 18. RENEGOTIATTON 18. The fiscal arrangements set forth in Section 3 are based on condi�ians in e�istence on the date Contractor commences operations, including by way af exar�ple, City's employee population and warking conditions; labor, food and supply costs; Federal, �tate and lflcal sales, use and exeise taxes; and license and permit fees. Tn th� avent �f a material change in conditions not due to Contractor's action or inaction, the fiscal arrangement shali be re-negotiaied on a mufual.ly agxeeable basis to reflect such change. 19. FORCE MATEURE 19. Neither party shall be respansible to the oiher for any Iosses resulting from the failure to perform any terms or provisions of �his Agreement, if the party's failure to perform is attribufiable to war, riot, or other disnrder; strike ar other work stoppage; fire; flood; ar any other act not �rithin the con�rol of the party w�ose perfoxmance is inte:rfered with, and which, by reasonable diligence, such party zs unable to prevent. 20. CONFIDENTIALITY 20. All financial, statistical, operating and personnel data, including but not limited to recip�s, menus and meal plan, relative to ar utilized zn Contractar's business or the business of any subsidiary of Contractor, shall be the property of Contractor and is intended to be confidential. Except as otherwise required by law, City agrees to keep such infarmation co:a�f dennal and so instruct its agents, employees, and independent contractors. 10 21. MISCELLANEOUS PROVI�IONS 21.1 Contractor agrees that it will, at the end nf the tez7m of tlus Agreement, pea��ably deIiver unto City the demu.sed premises in the candition reaeivad, ordinary wear and tear and loss or damage caused by fire, flood ar act af God excepted. 21.2 Contractar agrees thai it shali have no power to do any act or rnake a�y contract t�at may create or be the foundation far any lien upon the property or inferest in the property of City, and, should any such pu,rported Iien be crea�ed or filed, Contractor, at its sol� cost and expense, shall liquic�ate and discharge same wiihin ten {10) days next after filing thereof; and should Contractor fail to discharge the same, such failure shall constiiute a breach of this Agreement. 2 i.3 This written insi7ru:ment, including Exhibits A and B, constitutes the entire agreement between the parties heareto conceming ihe wark and s�rvices �o b� performed hereunder, aud any prior or contemporaneous oral oz written agreements which purport �o vary from the terms hereof sha11 be void. IN WITNESS WHEREOF, the parties hereto have executed tlus Agreem�nt in coun�erparts on March �, 24Q3. ATT��T: City Secreta� �� I C�TY OF FORT WORTH � . � �,,� ,.. {'� 1 �. /�.'� _ `�� � � Bridgett�1Garret't � Interim Assistant City Manager APPROVED AS TO FORM AND LEG ITY: �^. A55I t City At�orney �.�.�� �l�-�,�.ed �, � contraet a�uthox������� ra€��� . �n v ,._�,. _ --_ .---.. VANGUARD RESOURCES, INC. BY� � ' ��e�- Name• �:-.tc� ��...r . _� Tit1e: �. � �, � F. Ji } �'- , ' I � f i' I1 ./.� 1: :.. OPERATION OF FOOD SERVICE FACILITY CITY OF FORT WORTH, TEXAS The City of Fort Worth vending operation includes machines located in the �ollowing areas: MUNICIPAL BUII.,DING Snack Bar Can Soda Variety Snacks Lower Level Can Soc�a Variety Snacks MUNICIl'AL ANNEX Cau Soda Variety Snacks COUR.T BUII�DING Can Soda Variety Snacics PARKTN�G FACILITS� Can Soda Variety Snacks Contractor will pravide vending drinks and snacks that include healthy, Iaw-fat, lowWcalorie optioxas tliat axe oox�siste�.t with food and nutrition services outlined in Exhibit B. 213580v5 12