HomeMy WebLinkAboutContract 53593-A4CSC No. 53593-A4
FOURTH AMENDMENT TO NON-EXCLUSIVE VENDING MACHINE SERVICES
AGREEMENT
FORT WORTH CITY SECRETARY CONTRACT NO. 53593
This Fourth 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, on March 4, 2022, City and Vendor amended the Agreement for the first time
to allow the Vendor to 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,
Texas 76102 (Fort Worth City Secretary Contract No. 53593-A1);
WHEREAS, on May 14, 2022, City and Vendor amended the Agreement for the second
time to adjust certain product prices (Fort Worth City Secretary Contract No. 53593-A2);
WHEREAS, on April 20, 2023, City and Vendor amended the Agreement for the third
time to further adjust certain product prices (Fort Worth City Secretary Contract No. 53593-A2);
WHEREAS the Agreement has been renewed to expire on February 28, 2025 (Fort Worth
City Secretary Contract No. 53593-R2);
WHEREAS, City and Vendor now wish to amend the Agreement for a fourth time to set
out terms by which Vendor may install and service snack and beverage vending machines at the
City's property located at 3000 W. Bolt Street, Fort Worth, Texas 76110 (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 Fourth 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. OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Fourth Amendment to Fort Worth City Secretary Contract No. 53593 Page 1 of 5
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
Fourth Amendment and the terms and conditions included in the Agreement, the terms
included in the Agreement shall control.
[signature page follows]
Fourth Amendment to Fort Worth City Secretary Contract No. 53593 Page 2 of 5
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
By:
Dana Burg -doAc
Dana Burghdoff (Sep 3, 02415:50 CDT)
Name:
Dana Burghdoff
Title:
Assistant City Manager
Date: 9/3/2024
APPROVAL RECOM NDED:
By: �
Name: Marilyn Marvin
Title: Interim Property Management Director
ATTEST:
By:
Name: Jannette S. Goodall
Title: City Secretary
VENDOR:
CONTRACT COM LIANCE 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.
Denise Garcia
By: Denise Garcia (Aug 30. 2024 17:31 CDTI
Name: Denise Garcia
Title: Purchasing Manager
APPROVED AS TO FORM AND LEGALITY:
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,./GL[a �Zew tiicc�L
�Fo o10°1
By. O
Ao=,a°
Name: Matthew A. Murray
o ° �pTitle:
a4�nnEXA?oOo
Assistant City Attorney
CONTRACT AUTHORIZATION:
M : N/A
COM ASS GROUP USA, INC. BY AND
THROUGH ITS CANTEEN VENDING
SERVICES DIVISION
By: 5 awi ne 28. 2024 07:54 PDTI
Name: Shawn Grider
Title: Division President
Date: 08 27 24
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Fourth Amendment to Fort Worth City Secretary Contract No. 53593 Page 3 of 5
Exhibit "A"
Terms and Conditions for Vending Machines Located at 3000 W. Bolt Street, Fort Worth, Texas
76110
SERVICE LOCATION
911 3000 W. Bolt Street 1 Pico Cooler Public, 150
Communications Fort Worth, TX 76110 tenants, and
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.
2. Shortfall. During the term of this Agreement, City shall guarantee weekly sales of $350.00
at the 3000 W. Bolt Street location. At the end of each week, the actual sales will be compared to
the City's guaranteed weekly 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 3000 W. Bolt Street 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.
Fourth Amendment to Fort Worth City Secretary Contract No. 53593 Page 4 of 5
Schedule 1
Products and Prices
Cereal & Oatmeal
$1.29 • $1.49
Nutrition Bar
$1.19 • $2.59
Nuts &Trail Mix
$1.09 • $1.29
Pastry
$1.29 • $1.59
Cookies & Crackers
$0.99 • $2.09
Gum & Mints
$1.49 - $2.49
Energy
$2.79 - $3.79
Health
$1.99 - $329
Milk
$1.65
Yogurt 1Hummus
$2.19 • $2.69
Salads
$4.49 • $6.00
SandwichesMraps
$2.29 • $5.59
Snack Pack
$1.99 • $3.99
String Cheese
$1.09
:RECHARGE mr-
Bagged Snack
PRICE
$1.09 $1.99
Bagged Snack (Large)
$2.39
Candy
$1.09 - $1.79
Candy {Large)
$2.19 - $2.49
Cookies & Crackers
$0.99 . $1.99
Soup & Meal
$1.29 . $2.89
AL
Entree
$2.79 - $6.49
Pizza
$2.49 - $3.99
lee Cream
$2_19 - $3.09
Soda
$1.69
Juiee
$1.99
Energy
$2.99 - $3.49
Flavored Non•Carb
$1.49 - $1.99
Hydration/Sport
$1.99 $2.09
Starbucks
$2.59 - $3.49
Tea
$1.59 • $2.09
Water
$1.49 . $2.99
Fourth Amendment to Fort Worth City Secretary Contract No. 53593 Page 5 of 5