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HomeMy WebLinkAboutContract 62356CSC No. 62356 FORT WORTH CITY OF FORT WORTH COOPERATIVE PURCHASE AGREEMENT This Cooperative Purchase Agreement ("Agreement") is entered into by Douglas Food Stores Inc DBA Douglas Equipment ("Vendor") and the City of Fort Worth ("City"), a Texas home -rule municipality individually referred to as "party" and collectively as the "parties". 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 — Sellers Discount Manufacturer's List; 3. Exhibit B — Cooperative Agency Contract 791 Purchasing Cooperative #2021-07-00 l ; 4. Exhibit C — Conflict of Interest Questionnaire and; 5. Exhibit D — Mayor and Council Communications (M&C) 24-0975 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. If any provisions of the attached Exhibits conflict with the terms herein, are prohibited by applicable law, conflict with any applicable rule, regulation or ordinance of City, the terms in this Cooperative Purchase Agreement shall control. City shall pay Vendor in accordance with the payment terms in Exhibit A and in accordance with the provisions of this Agreement. Total Compensation under this Agreement for the Initial Term will be an amount up to one hundred nine thousand seven hundred sixty-two dollars and zero cents ($109,762.00). If the City decides to renew the Agreement, the maximum compensation amounts for each renewal are as follows: up to $131,714.00 for the First Renewal, $158,057.00 for the Second Renewal, $189,668.00 for the Third Renewal, $227,602.00 for the Fourth Renewal, and $273,122.00 for the Fifth Renewal. 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 ("Effective Date") and expires on August 29, 2025, with five (5) renewal options so long as the underlying Cooperative Contract is still active. 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 or (2) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: To CITY: City of Fort Worth Attn: Assistant City Manager 100 Fort Worth Trail Fort Worth, TX 76102 With copy to Fort Worth City Attorney's Office at the same address To VENDOR: Douglas Food Stores Inc DBA Douglas Equipment Rebecca Bergin, Senior Project Analyst 301 North St. Bluefield, WV 24701 Email: rebecca@DouglasEquipment.us City is a government entity under the laws of the State of Texas and all documents held or maintained by City are subject to disclosure under the Texas Public Information Act. To the extent the Agreement requires that City maintain records in violation of the Act, City hereby objects to such provisions and such provisions are hereby deleted from the Agreement and shall have no force or effect. In the event there is a request for information marked Confidential or Proprietary, City shall promptly notify Vendor. It will be the responsibility of Vendor to submit reasons objecting to disclosure. A determination on whether such reasons are sufficient will not be decided by City, but by the Office of the Attorney General of the State of Texas or by a court of competent jurisdiction. The Agreement and the rights and obligations of the parties hereto shall be governed by, and construed in accordance with the laws of the United States and state of Texas, exclusive of conflicts of law provisions. Venue for any suit brought under the Agreement shall be in a court of competent jurisdiction in Tarrant County, Texas. To the extent the Agreement is required to be governed by any state law other than Texas or venue in Tarrant County, City objects to such terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. Nothing herein constitutes a waiver of City's sovereign immunity. To the extent the Agreement requires City to waive its rights or immunities as a government entity; such provisions are hereby deleted and shall have no force or effect. To the extent the Agreement, in any way, limits the liability of Vendor or requires City to indemnify or hold Vendor or any third party harmless from damages of any kind or character, City objects to these terms and any such terms are hereby deleted from the Agreement and shall have no force or effect. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" has the meanings ascribed to those terms in Chapter 2271 of the Texas Government Code. By signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. If Vendor has fewer than 10 employees or this Agreement is for less than $100,000, this section does not apply. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is to be paid wholly or partly from public funds of the City with a company with 10 or more full-time employees unless the contract contains a written verification from the Vendor that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. (signature page follows) (remainder of this page intentionally left blank) The undersigned represents and warran hat he or she has the power and authority to execute this Agreement and bind the respective party. CITY OF FORT W TH: Dahg BULek7 oAc By: Dana Burghdoff (Nov , 202410:39 CST) Name: Dana Burghdoff Title: Assistant City Manager Date: Nov 25, 2024 APPROVAL RECOMMENDED: By: Name: Marilyn Marvin Title: Property Management Director 4 a�nu14 ofF°RTC°a �9�p "e'♦d By: Name: Jannette Goodall °* °° °° dIIB�n�up4g4gd Title: City Secretary LT WL1111-9 Douglas Food Stores Inc DBA Douglas Equipment Re-6e�c� Be�Airz By: Rebecca Bergin (Nov 18,'102419:40 EST) Name: Rebecca Bergin Title: Senior Project Analyst Date: Nov 18, 2024 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. beyu;�e-��cu>r By: Denise Garcia (Nov 20, 202410:54 CST) Name: Denise Garcia Title: Purchasing Manager APPROVED AS TO FORM AND LEGALITY: By: Name: Andrea Phillips Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 24-0975 Date Approved: 11/12/24 1295 Form: 2024-1216575 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX EXHIBIT A Discount % Off Manufacturer's List (MSRP) Manufacturer % Off MSRP I ABC Smallwares 55 Accutemp 35 ACP Amana 60 Advance Tabco 65 Alto-Shaam 10 American Metalcraft 50 Anets 60 Angelo PO 10 APW Wyott 50 Artic Air 35 Atlas Metal 30 Bakers Pride 50 Baxter 5 Berkel 55 Beverage Air 65 Blakeslee 10 Blodgett 50 Bloomfield 30 Bunn 40 Cadco 35 Cal -Mil 45 Cambro Manufacturing 40 Captive -Aire 25 Cardinal 50 Carlisle 50 Carter Hoffmann 50 Champion 35 Channel 35 Cleveland 55 CMA Dishmachines 30 Comark Instruments 30 Continental Refrigeration 55 Convotherm 50 Cook Tek 35 Cooper 30 CresCor 45 Crown Brands 40 Crown Steam 50 Crown Verity 40 Curtron 40 Delfield 50 Dexter Russell 30 Dinex 40 Dormont 50 Doyon Duke Eagle/Metal Masters Edlund Electrolux Elkay Equipex Federal Industries Follett Food Warming Equipment Co. (F.W.E.) Frymaster Garland GET Globe Grindmaster Groen Grossfillex Hamilton Beach Hatco Hobart Homer Laughlin Hoshizaki Ice-O-Matic Imperial Range Insinger Insinkerator Jackson WWS John Boos Keating Kelmax Kolpak Lakeside Lang LBC Bakery Equipment Lincoln Foodservice Low Temp Industries (LTI) MagiKitch'n Manitowoc Ice Market Forge Mars Masterbilt Meiko Merrychef Metro (Intermetro) Moffat Montague Nemco Food Equipment 45 35 55 35 30 40 30 35 20 30 55 55 50 55 35 40 45 40 45 20 35 35 55 55 10 30 40 35 5 40 55 40 60 10 45 10 25 55 45 10 50 5 50 45 30 30 35 New Age Norlake Panasonic Piper/Servolift Pitco Power Soak/Metalcraft Randell Rational Robot Coupe Rubbermaid Foodservice Salvajor San Jamar SaniSery Scotsman Seco Server Products Silver King Southbend SPG International Star/Holman/Toastmaster Storage Products Group (SPG) Structural Concepts Summit, Commercial TO Brass Tablecraft Taylor Traulsen True Manufacturing Turbo Air Turbo Chef Varimixer Victory Vitamix Vollrath Vulcan -Hart Walco Waring Wells Winco Win -Holt Winston Wolf 40 50 35 45 60 10 40 10 20 20 45 50 40 55 40 30 30 50 35 50 35 55 40 40 40 35 45 60 50 5 25 65 55 40 50 25 30 50 50 35 30 50 (DOUGLAS EQUIPMENT „0� AV--"aU=t & Food Stare Erralp>me�rt Catalog/Price Lists: Accutemp: www.accutemD.net Adcraft: https://www.admiralcraft.com/resources.htmi ADVANCE TABCO: https://advancetabco.com/ ALTO-SHAAM: www.alto-shaam.com AMANA: https://acl)solutions.com/view-products/amana/ AMERICAN METALCRAFT: http://www.american-metalcraft.com/, APW WYOTT: https:,//apwwvott.com/does/default-source/orice- list/2018 aow productguideweb.pdf?sfvrsn=4 Baker's Pride: https://bakersDride.com/ Berkel: https://www.berkeleciuipment.com/ BEVERAGE -AIR: https://beverage-air-com[ BLODGETT: https://www.blodgett.com/hubfs/PDF/sales/Blodgett-price-book.[)df Bunn: https://commercial.bunn.com/ CAMBRO: https://www.cambro.com/ CARLISLE: www.carlislefsi).com Carter Hoffmann: https://www.carter-hoffmann.com/. CLEVELAND: www.clevelandrange.com Continental Refrig.: https://www.continentairefriaerator.com/ Crescor: httl3://www.crescor.com/ DELFIELD: https://www.delfield.com DEXTER RUSSELL: https://www.dexterrussellcutierv.com/ EAGLE: htt www.eaglegrp.com/ EDLUND: https://www.edlundco.com/ FOCUS: https://www.crown-brands.com/ GARLAND: https://www.gariand-grout).com/ GET: https://get-melamine.com/resources/catalogs-brochures Globe: https://globefoodeouiD.com/ HAMILTON BEACH: https://hamiltonbeachcommercial.com/ HATCO: https://www.[)aReturnpro.com/Hatco/71372-2020-Domestic-Price-List/sdefault.html#page/1 HOBART: https://www.hobartcort).com/ HOSHIZAKI: https://www.hoshizakiamerica.com/sales-literature/ KELMAX: htt s: www.spgusa.comL LAKESIDE: https://elakesidefoodservice.com/ LINCOLN: https://www.fincolnfo.com/ Metro: htt s: metro.com[ NORLAKE https://norlake.com/nor-lake-products/foodservice/product/ RATIONAL: https://www.rational-online.com/en us/home/ RUBBERMAID: https://www.rubbermaidcommercial.com/ SAN JAMAR: https://www.saniamar.com/resources/ SERVER PRODUCTS: https://server-t)roducts.com/Home TABLECRAFT: http://www.tablecraft.com:8080/storefrontCommerce/isr)/includes/resources.iso TAYLOR PRECISION: htt s: www.tavlorusa.com/ 301 North Street - Bluefield, WV 24701 phone: 304-327-0149 • fax: 304-325-3848 www.DouglasEquipment.us fDOUGUis EQUIPMUff ,��► Rrs"wafft & Food Store F�Icrfprraeat : . THUNDER GROUP: http://www.thunderRroup.com/app/stx.collection.asp TRAULSEN: https://www.traulsen-com/, TRUE: https://www.truemfg.com/ Victory: https://victorvrefrigeration.com/ VOLLRATH: https://www.vollrathfoodservice.com/ VULCAN: https://www.vulcanequipment.com/resource-center WINCO: http://www.wincous.com/ WIN-HOLT: https://www.winholt.com/ 301 North Street • Bluefield, WV 24701 • phone: 304-327-0149 • fax: 304-325-3848 www.DouglasEquipment.us DocuSign Envelope ID: FDC568FB-FF6A-432C-BEFE-4857E71DE400 741 ._ MN MU [0 `Em'eTO EXHIBIT B 791 Purchasing Cooperative Contract Award August 30, 2021 Douglas Equipment Contact: Rebecca Bergin Address: 301 North Street Bluefield, WV 24701 Phone: (304) 327-0149 x1323 Fax: (304) 325-3848 Toll Free: (800) 962-8618 Email: rebecca@douglasequipment.us RE: 791 Awarded Contract — RFP # 2021-07-001 Facilities Services, Equipment, and Supplies Contract Number — 2021007001D CONTRACT AWARD Congratulations! This award is for a cooperative purchasing agreement award solicitation. The 791 Purchasing Cooperative (791 Coop) on behalf of Central Texas Council of Governments with authority to award by the Executive Director as delegated by the Board of Directors has awarded an Agreement to Douglas Equipment. This Agreement will be in effect for five (5) years from 08/30/2021 through 8/29/2026. There are two (2) automatic contract renewal two (2) year term optional extensions though 8/31/2030. ADMINISTRATIVE CONSIDERATIONS Award of annual contract in compliance with the bid laws of the State of Texas are recommended. RECOMMENDATIONS 791 Coop recommends the following contract be awarded based on the Request for Proposal (RFP) process: 791 Awarded Contract # 2021-07-001D Facilities Services, Equipment, and Supplies to Douglas Equipment. Action Required Approve o Disapprove 4Doc.une y: $/30/2021 Tgg@pzsaa3._ Date CTCOG Executive Director 791 PURCHASING COOPERATIVE AND VENDOR AGREEMENT Between fie„ r\ �rl'-A (C any Na7me) with the principal place of business at and 791 Purchasing Cooperative For RFP #2021-07-001 Facility Services, Equipment and Supplies Issued: July 26, 2021 General Information The Vendor Agreement ("Agreement") made and entered into by and between 791 PURCHASING COOPERATIVE (hereinafter referred to as "791COOP") a government cooperative purchasing program authorized by the Central Texas Council of Governments, having its principal place of business 2180 North Main Street; Belton, TX 76513 and Company listed at the top of page one (hereinafter referred to as "Vendor") a provider having its principal place of business as listed at the top of page one. This Agreement consists of the provisions set forth below, including provisions of all Attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any Attachment, the provisions set forth shall control. The vendor Agreement shall include and incorporate by reference this Agreement, the terms and conditions, special terms and conditions, any agreed upon amendments, as well as all of the sections of the Solicitation (RFP, RCSP, RFQ) as posted, including any addenda and the awarded vendor's proposal. The following pages will constitute the Agreement between the successful vendors(s) and 791 PURCHASING COOPERATIVE. 791 PURCHASING COOPERATIVE Page 1 of 11 RFP #2021-07-001 Facility Services, Equipment and Supplies Terms and Conditions 1. Assignment of Vendor Agreement No assignment of the Vendor Agreement may be made without the prior written approval of 791 PURCHASING COOPERATIVE. A simple change of name agreement will not change the Agreement obligations of awarded vendor. 2. 791 PURCHASING COOPERATIVE Contract The 791 PURCHASING COOPERATIVE Contract is the final negotiated version of the Vendor's contract that was submitted as part the RFP #2021-03-001 Full Service Facility Equipment & Maintenance Services - Part 1. Provider(s) and negotiated with 791 PURCHASING COOPERATIVE. The 791 PURCHASING COOPERATIVE Contract will govern all aspects of a sale for Products and/or Services between Vendor and a 791 PURCHASING COOPERATIVE Member. 791 PURCHASING COOPERATIVE recognizes that a 791 PURCHASING COOPERATIVE Member may, in agreement with Vendor, make modifications to the 791 PURCHASING COOPERATIVE Contract to reflect specific needs of the 791 PURCHASING COOPERATIVE Member. This modified form will still be referred to as the 791 PURCHASING COOPERATIVE Contract. Vendor may only use the 791 PURCHASING COOPERATIVE Contract with 791 PURCHASING COOPERATIVE Members who have agreed to purchase Roofing maintenance services from Vendor through the 791 PURCHASING COOPERATIVE preferred supplier program. If a 791 PURCHASING COOPERATIVE Member solicits proposals for Products and/or Services under this agreement from Vendor directly and has specifically provided notice that they will not be using 791 PURCHASING COOPERATIVE as their contract vehicle through the 791 PURCHASING COOPERATIVE preferred supplier program, Vendor cannot use the 791 PURCHASING COOPERATIVE Contract to serve the 791 PURCHASING COOPERATIVE Member. For the avoidance of doubt, if a vendor and a 791 PURCHASING COOPERATIVE Member, execute a 791 PURCHASING COOPERATIVE Purchase or Products and/or Services under this agreement, vendor will be obligated to pay 791 PURCHASING COOPERATIVE the participation fee. To further clarify, vendor may sell to a 791 PURCHASING COOPERATIVE member or potential 791 PURCHASING COOPERATIVE members, which is any governmental or other public entity in Texas through the 791 PURCHASING COOPERATIVE preferred supplier program. If a potential customer is not currently a 791 PURCHASING COOPERATIVE member, they may join 791 PURCHASING COOPERATIVE by contacting 791 PURCHASING COOPERATIVE at admin@791COOP.ore. Awarded vendors are not restricted from responding to any Texas entity that issued a Request for Proposals and has chosen not to use the 791 PURCHASING COOPERATIVE interlocal cooperative method of procurement. If you identify a Texas public or governmental entity that wants to make a purchase and use a cooperative or interlocal contract, and is not a current 791 PURCHASING COOPERATIVE Member, please have them call the number provided above or email the address above so 791 PURCHASING COOPERATIVE may contact the entity to provide all applicable information. 791 PURCHASING COOPERATIVE will provide awarded vendors membership packets for this purpose upon request. ANY AGREEMENT BETWEEN A 791 PURCHASING COOPERATIVE MEMBER AND VENDOR THAT REQUIRES THE 791 PURCHASING COOPERATIVE MEMBER TO INDEMNIFY ANY OTHER PARTY, 791 PURCHASING COOPERATIVE Page 2 of 11 RFP #2021-07-001 Facility Services, Equipment and Supplies EXCEPT TO THE EXTENT PERMITTED BY THE APPLICABLE CONSTITUTION, LAWS OR REGULATIONS OF THE JURISDICTION OF THE LOCATION OF THE 791 PURCHASING COOPERATIVE MEMBER OR THE LOCATION OF THE PERFOMANCE OF THE CONTRACT UNDER THIS AGREEMENT, IS NOT PERMITTED UNDER THIS AGREEMENT AND RENDERS THE INDEMNITY REQUIREMENT NULL AND VOID AS IT APPLIES TO THE 791 PURCHASING COOPERATIVE MEMBER'S RESPONSIBILTY TO INDEMNIFY ANY PARTY. 3. Disclosures a) Vendor affirms that he/she has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this Agreement. b) Vendor shall attach, in writing, a complete description of any and all relationships that might be considered a conflict of interest in doing business with 791 PURCHASING COOPERATIVE under a 791 PURCHASING COOPERATIVE Agreement if Vendor feels that such possible conflicts of interest exist. If you believe there is a conflict of interest as described in the form CIQ instruction sheet contained in this RFP, please complete and submit the form CIQ provided as instructed. c) The vendor affirms that, to the best of his/her knowledge, the offer has been arrived at independently, and is submitted without collusion with anyone to obtain information or gain any favoritism that would in any way limit competition or give an unfair advantage over other vendors in the award of this Agreement. 4. Renewal of Agreements The Agreement with 791 PURCHASING COOPERATIVE is for five (5) year term with one (1), two (2) year extension option. Any extension of the initial term will be agreed to in writing between 791 PURCHASING COOPERATIVE and Vendor. Nothing herein shall require either party to agree to an extension of the initial term. Automatic Renewal Clauses Incorporated in Awarded Vendor Agreements with 791 PURCHASING COOPERATIVE Members Resulting from the Solicitation and with the Vendor Named in this Agreement. NO AGREEMENT FOR GOODS OR SERVICES WITH A 791 PURCHASING COOPERATIVE MEMBER BY THE AWARDED VENDOR NAMED IN THIS AGREEMENT THAT RESULTS FROM THE SOLICITATION AWARD NAMED IN THIS AGREEMENT MAY INCORPORATE AN AUTOMATIC RENEWAL CLAUSE WITH WHICH THE 791 PURCHASING COOPERATIVE MEMBER MUST COMPLY. ALL RENEWAL TERMS INCORPORATED IN AN AGREEMENT BY THE VENDOR WITH THE 791 PURCHASING COOPERATIVE MEMBER SHALL ONLY BE VALID AND ENFORCEABLE WHEN THE VENDOR RECEIVES WRITTEN CONFIRMATION BY PURCHASE ORDER OR EXECUTED AGREEMENT ISSUED BY THE 791 PURCHASING COOPERATIVE MEMBER FOR ANY RENEWAL PERIOD. THE PURPOSE OF THIS CLAUSE IS TO AVOID A 791 PURCHASING COOPERATIVE MEMBER INADVERTENTLY RENEWING AN AGREEMENT DURING A PERIOD IN WHICH THE GOVERNING BODY OF THE 791 PURCHASING COOPERATIVE MEMBER HAS NOT PROPERLY APPROPRIATED AND BUDGETED THE FUNDS TO SATISFY THE AGREEMENT RENEWAL. THIS TERM IS NOT NEGOTIABLE AND ANY AGREEMENT BETWEEN A 791 PURCHASING COOPERATIVE MEMBER AND A 791 PURCHASING COOPERATIVE AWARDED VENDOR WITH AN AUTOMATIC RENEWAL CLAUSE THAT CONFLICTS WITH THESE TERMS IS RENDERED VOID AND UNENFORCEABLE AS TO THE AUTOMATIC RENEWAL CLAUSE. 791 PURCHASING COOPERATIVE. Page 3 of 11,,., , RFP #2021-07-001 Facility Services, Equipment and Supplies S. Invoices Vendor is responsible for the invoicing and collection of all funds due from a 791 PURCHASING COOPERATIVE Member to Vendor. 6. Member Payments 791 PURCHASING COOPERATIVE Members will make payments directly to the Vendor for all funds owed as provided for in the 791 PURCHASING COOPERATIVE Contract. 7. Pricing The price Vendor will charge a 791 PURCHASING COOPERATIVE Member will be defined in the 791 PURCHASING COOPERATIVE Contract and determined at the time Vendor and a 791 PURCHASING COOPERATIVE Member makes purchases through this 791 PURCHASING COOPERATIVE Contract. The price Vendor charges a 791 PURCHASING COOPERATIVE Member will include the 791 PURCHASING COOPERATIVE annual participation fee. At no time during the initial term or extension term of this Agreement shall the price charged to a 791 PURCHASING COOPERATIVE Member the contracted price RFP #2021-03-001 Full Service Facility Equipment & Maintenance Services - Part 1. Language similar to the following will be added to the Representations Section of the Vendor's 791 PURCHASING RFP #2021-07-001 Facility Services, Equipment and Supplies: "Seller represents that this Agreement, pursuant to the award to (insert vendor's name) as a result of the 791 PURCHASING COOPERATIVE RFP #2021-07- Facility Services, Equipment and Supplies, complies with the terms and conditions contained in a separate Purchasing agreement between Seller and 791 PURCHASING COOPERATIVE Members." 8. Participation Fees Vendor agrees to pay 791 PURCHASING COOPERATIVE agrees to pay two -tiered participation fee, 1.0% Sales Admin Fee. a) The fee is a 1.0 percent annual participation fee for all Agreement sales to 791 PURCHASING COOPERATIVE Members utilizing a 791 PURCHASING COOPERATIVE awarded contract. The participation fee will be the total dollars derived from 1.0 % of total sales volume through this program to 791 PURCHASING COOPERATIVE members. The participation fee will be included in quotes and invoices between the awarded vendor and a 791 PURCHASING COOPERATIVE Members. b) The 791 PURCHASING COOPERATIVE participation fee will not be a provided as a separate line item to the 791 PURCHASING COOPERATIVE Member. Vendor will remit the participation fee to 791 PURCHASING COOPERATIVE within thirty (30) business days of receipt of the payment for Purchases made under this agreement, which includes the annual participation fee, from the 791 PURCHASING COOPERATIVE Member. Failure to pay the participation fee will result in termination of Agreement and 791 PURCHASING COOPERATIVE reserves the right to take any action under the law or equity for any breach of contract. c) Prior to delivering a quote to a 791 PURCHASING COOPERATIVE Member, the awarded vendor(s) will calculate the administrative fee for 791 PURCHASING COOPERATIVE to be included in the quote. 791 PURCHASING COOPERATIVE E, Page 4 of 11 ...,, RFP #2021-07-001 Facility Services, Equipment and Supplies 9. Administrative Participation Fee 791COOP establishes a fee for each solicitation for proposals that is in the best interest of 791COOP and its members. 10. Sales Reporting Procedures for Vendor Vendor will report any sale under this contract that is made to a 791 PURCHASING COOPERATIVE Member with Vendor on a monthly basis. Thus, any order entered in a particular month shall report with thirty (30) business days of the 791 PURCHASING COOPERATIVE Member issuing a Purchase Order or otherwise purchasing from the vendor under this contract. 11. Adoption of Agreement by State or Federal Agencies Awarded Vendor may present this agreement to State agencies for adoption by the State. Vendor may agree to pay an additional fee to the State Agency. The Awarded Vendor shall continue to pay the Participation fee to 791 Purchasing Cooperative and report these sales to 791 Purchasing Cooperative. Failure for the Awarded Vendor to comply with this section of the agreement will result the in Awarded Vendor being in breach of this agreement and have their agreement with 791 Purchasing Cooperative terminated for cause. Furthermore, Awarded Vendor may present this agreement to Federal Government Agencies who may adopt this agreement.. Participation fees shall continue to be paid and sales reported to 791 Purchasing Cooperative, even if a fee is paid the approving Federal Agency. Failure for the Awarded Vendor to comply with this section of the agreement will result the in Awarded Vendor being in breach of this agreement and have their agreement with 791 Purchasing Cooperative terminated for cause. 12. Indemnity Vendor agrees to indemnify and hold harmless and defend 791 PURCHASING COOPERATIVE, 791 PURCHASING COOPERATIVE officers and employees, from and against all claims and suits for damages, injuries to persons (including death), property damages, losses, and expenses including court costs and reasonable attorney's fees, arising out of, or resulting from, Vendor's performance of this Agreement or sales made to 791 PURCHASING COOPERATIVE Members under this agreement , including all such causes of action based upon common, constitutional, or statutory law, or based in whole or in part, upon allegations of negligent or intentional acts on the part of the Vendor, its officers, employees, agents, subcontractors, licensees, invitees, unless such claims are based in whole upon the negligent acts or omissions of the 791 PURCHASING COOPERATIVE, 791 PURCHASING COOPERATIVE officers, employees, or agents. If based in part upon the negligent acts or omissions of the 791 PURCHASING COOPERATIVE, 791 PURCHASING COOPERATIVE officers, employees, or agents, Vendor shall be responsible for their proportional share of the claim. 13. State of Texas Franchise Tax By signature hereon, the bidder hereby certifies that he/she is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171, Tax Code. 14. Miscellaneous: Nothing in the Agreement or in any other communication between 791 PURCHASING COOPERATIVE and the Vendor may be construed as a guarantee that 791 PURCHASING COOPERATIVE Members will purchase items and services under this contract from Vendor at any time. 15. Termination: Contract shall terminate at the end of the agreement or at the end of any contract extensions. Either party may terminate for breach of contract which would include bankruptcy, or due to continued 791 PURCHASING CO.. g OPERATIVE RFP #2021-07-001 Facility Services, Equipment and Supplies failure to perform the terms in this agreement. Prior to exercising termination for breach, the non - breaching party must provide notice by certified mail to provide the other party 30 days to solve the stated problems. However, if this agreement is terminated prior to the end date of the initial term or the end date of an agreed to extension term, any 791 PURCHASING COOPERATIVE Purchase Contract entered into between Vendor and a 791 PURCHASING COOPERATIVE Member' shall survive and will not be terminated. Upon termination of this agreement between 791 PURCHASING COOPERATIVE and the Vendor, this agreement shall survive only insofar as to govern all surviving 791 PURCHASING COOPERATIVE Contracts between the Vendor and 791 PURCHASING COOPERATIVE Members. Termination for convenience is required under 2 CFR part 200. 16. Marketing Awarded vendor agrees to allow 791 PURCHASING COOPERATIVE to use their name and logo within the 791 PURCHASING COOPERATIVE website, marketing materials and advertisement. Vendor may use the 791 PURCHASING COOPERATIVE name and logo in marketing the 791 PURCHASING COOPERATIVE Contract to 791 PURCHASING COOPERATIVE Members or other Texas government or public entities. 17. Legal obligations It is the responding vendor's responsibility to be aware of and comply with all local, state and federal laws governing the sale of products/services identified in this RFP and any awarded Agreement thereof. Applicable laws and regulations must be followed even if not specifically identified herein. 18. Audit rights Awarded Vendor shall, at their sole expense, maintain appropriate due diligence of all purchases made by any 791 PURCHASING COOPERATIVE Memberthat utilizes this Agreement. 791 PURCHASING COOPERATIVE reserves the right to audit the accounting for a period of four (4) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of four (4) years from the effective date of termination. 791 PURCHASING COOPERATIVE shall have the ability to conduct the audit internally or may engage a third -party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by 791 PURCHASING COOPERATIVE. 791 PURCHASING COOPERATIVE shall bear the cost of such audit requested by 791 PURCHASING COOPERATIVE, but all documents maintained by the vendor shall be produced and made available to 791 PURCHASING COOPERATIVE or its agents at no cost. 19. Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and cause of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be suspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. This Clause includes COVID-19 which is a Declared Pandemic and any future Declared Pandemics. 20. Remedies The parties shall be entitled to exercise any right or remedy available to it either at law or in equity, subject to the choice of law, venue and service of process clauses limitations agreed herein. Nothing in this agreement shall commit the 791 PURCHASING COOPERATIVE to a binding arbitration resolution of any disagreement under any circumstances. Any Claim arising out of or related to the Contract, 791 PURCHASING COOPERATIVE Page 6 of 11 RFP #2021-07-001 Facility Services, Equipment and Supplies except for those specifically waived under the terms of the Contract, may, be subject to mediation at the request of either party. Non -binding mediation shall be conducted by a mutually agreed upon mediator as a prerequisite to the filing of any lawsuit over such issue(s). The parties shall share the mediator's fee and any associated filing fee equally. Mediation shall be held in Tom Green County, Texas. Agreements reached in mediation shall be reduced to writing, and signed shall thereafter be enforceable as provided by the laws of the State of Texas. 21. Choice of Law This agreement and any addenda or other additions and all contracts or awards resulting from this procurement process, however described, shall be governed by, construed and enforced in accordance with the laws of the State of Texas, regardless of any conflict of laws principles. 22. Jurisdiction (Venue) and Service of Process Any Proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction shall be brought in a court of competent jurisdiction in Tom Green County, Texas and each of the parties irrevocably submits to the exclusive jurisdiction of said court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the Proceeding shall be heard and determined only in any such court, and agrees not to bring any proceeding arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction in any other court. The parties agree that either or both of them may file a copy of this paragraph with any court as written evidence of the knowing, voluntary and freely bargained for agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any Proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. 23. Alternative Dispute Resolution Prior to filing of litigation, the parties may select non -binding mediation as a method of conflict resolution for issues arising out of or relating to this procurement process or any contract resulting from or any contemplated transaction. The parties agree that if non -binding mediation is chosen as a resolution process, the parties must agree to the chosen mediator(s) and that all mediation venues shall be at a location in Tom Green County, Texas or agreed by the parties. The parties agree to share equally the cost of the mediation process and venue cost. 24. Acts or Omissions The successful vendor will be expected to indemnify and hold harmless 791 PURCHASING COOPERATIVE, its officers, employees, agents, representatives, contractors, assignees and designees from and against any and all liability, actions, claims, demands or suits, and all related costs, attorney's fees and expenses arising out of, or resulting from any acts or omissions of the vendor or its agents, employees, subcontractors, or suppliers in the execution or performance of any agreements ultimately made by 791 PURCHASING COOPERATIVE and the vendor. 25. Contract Governance Any contract made or entered into by 791 PURCHASING COOPERATIVE is subject to and is to be governed by Section 271,151 et seq, Tex Loc Gov't Code. Otherwise, Central Texas Council of Governments, as the Lead Agency for 791 PURCHASING COOPERATIVE does not waive its governmental immunities from suit or liability except to the extent expressly waived by other applicable laws in clear and unambiguous language. 26. Supplemental Agreements 791 1-07-001 Faacilit S Y ..,, ; ., q pment and Page 7 of 11 RFP #20 PURCHASING COOPERATIVE Pa ervices Equipment Supplies The 791 PURCHASING COOPERATIVE Member entity participating in the 791 PURCHASING COOPERATIVE Agreement and awarded vendor may enter into a separate supplemental agreement or contract to further define the level of service requirements over and above the minimum defined in this Agreement i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement or contract developed as a result of this Agreement is exclusively between the participating entity and awarded vendor. 791 PURCHASING COOPERATIVE, its agents, 791 PURCHASING COOPERATIVE Members and employees shall not be made party to any claim for breach of such agreement unless named and agreed by the Party in question in writing in the agreement. If a vendor submitting a Proposal requires 791 PURCHASING COOPERATIVE and/or 791 PURCHASING COOPERATIVE Member to sign an additional agreement, those agreements shall comply with the award made by 791 PURCHASING COOPERATIVE to the Vendor. Supplemental Vendor's Agreement documents may not become part of 791 PURCHASING COOPERATIVE's Agreement with vendor unless and until an authorized representative of 791 PURCHASING COOPERATIVE reviews and approves it. 791 PURCHASING COOPERATIVE permits 791 PURCHASING COOPERATIVE Members to negotiate additional terms and conditions with the Vendor for the provision of goods or services under the Vendor's 791 PURCHASING COOPERATIVE Agreement. 27. Survival Clause All applicable agreements, contracts, software license agreements, warranties or service agreements that were entered into between Vendor and 791 PURCHASING COOPERATIVE orthe 791 PURCHASING COOPERATIVE Member Customer under the terms and conditions of this Agreement shall survive the expiration or termination of this Agreement. All Orders, Purchase Orders issued or contracts executed by 791 PURCHASING COOPERATIVE or a 791 PURCHASING COOPERATIVE Member and accepted by the Vendor prior to the expiration or termination of this agreement, shall survive expiration or termination of the Agreement, subject to previously agreed terms and conditions agreed by the parties or as otherwise specified herein relating to termination of this agreement. 28. Smoking Persons working under Agreement shall adhere to the 791 PURCHASING COOPERATIVE Member's or local smoking statutes, codes or policies. 29. Novation If awarded vendor sells or transfers all assets or the entire portion of the assets used to perform this Agreement, a successor in interest must guarantee to perform all obligations under this Agreement. A simple change of name agreement will not change the Agreement obligations of awarded vendor. 30. Licenses Awarded vendor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by awarded vendor. Awarded vendor shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of goods or services under the Agreement. 791 PURCHASING COOPERATIVE and its Members reserves the right to stop work and/or cancel Agreement of any awarded vendor whose license(s) expire, lapse, are suspended or terminated subject to a 30-day cure period unless prohibited by applicable statue or regulation. 31. 791 PURCHASING COOPERATIVE Member Purchasing Procedures Purchase orders or their equal are issued by participating 791 PURCHASING COOPERATIVE Member to the awarded vendor and should indicate on the order that the purchase is per the applicable 791 791 PURCHASING COOPERATIVE _....:... . .... Page 8 of 11.....,. RFP #2021-07-001 Facility Services, Equipment and Supplies PURCHASING COOPERATIVE Agreement number. Orders are typically emailed to 791 PURCHASING COOPERATIVE at admin@791COOP.org a) Awarded vendor delivers goods/services directly to the participating member. b) Awarded vendor invoices the participating 791 PURCHASING COOPERATIVE Member directly. c) Awarded vendor receives payment directly from the participating member. d) Awarded vendor reports sales monthly to 791 PURCHASING COOPERATIVE (unless prior arrangements have been made with 791 PURCHASING COOPERATIVE for an alternative submission schedule). 32. Incorporation of Solicitation The 791 Purchasing Cooperative Solicitation, whether a Request for Proposals, the Request for Competitive Sealed Proposals or Request for Qualifications solicitation, or other, the Vendor's response to same and all associated documents and forms made part of the solicitation process, including any addenda, that resulted in the execution of this agreement are hereby incorporated by reference into this agreement as if copied verbatim. 33. Registered Felony Convictions and sex offender restrictions For work to be performed at schools, awarded vendor agrees that no employee of a sub -contractor who has been adjudicated to be a registered sex offender will perform work at any time when students are, or reasonably expected to be, present unless otherwise agreed by the 791Purchasing Cooperative Member. Awarded vendor agrees that a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at the 791 Purchasing Cooperative Member's discretion. Awarded vendor must identify any additional costs associated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge. 34. Safety measures Awarded vendor shall take all reasonable precautions for the safety of employees on the worksite, and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Awarded vendor shall post warning signs against all hazards created by the operation and work in progress. Proper precautions shall be taken pursuant to state law and standard practices to protect workers, general public and existing structures from injury or damage. 35. Insurance Requirements a) Contractor's Commercial General Liability Insurance —Contractor shall purchase and maintain such insurance as will protect him from claims for damages because of bodily injury, sickness, or disease, or death of any person including claims insured by standard personal injury liability, and from claims for injury to or destruction of tangible property, including loss of use resulting there from, any or all of which may arise out of or result from Contractor's operations under the Contract Documents, whether such operations be by himself or anyone directly or indirectly employed by him or for whose acts they may be legally liable. This insurance shall include the types and specific coverages herein described and be written for not less than any limits of liability specified in these Documents or required by law, whichever is greater. Insurance must include coverage for independent contractors, products/completed operations, contractual liability, broad form property damage, and personal injury. 1 PURCHASING COOPERATIVE Page 9 of 11 RFP #2021-07-001 Facility Services, Equipment and Supplies b) Contractor's Automobile Liability Insurance —Contractor shall purchase and maintain such insurance as will protect him from claims for damages because of bodily injury, sickness, disease or death of any person, including claims insured by standard personal injury coverage; and from claims for injury to or destruction of tangible property, including loss of use resulting there from, any or all of which may arise out of or result from the use of all owned, non -owned, or hired, automobile, vehicles, and other equipment both on and off work, arising from or in any way related to or as the result of Contractor's operations under the Agreement, whether such operations be by the Contractor or anyone directly or indirectly employed by him or for whose acts any of them may be legally liable. c) Contractor's Workers' Compensation and Employer's Liability Coverage —The Contractor shall comply with the provisions of the Workers' Compensation Act, the subsequent Injury Act, and Contractor shall procure and maintain during the life of this Contract Workers' Compensation and Employer's Liability Insurance in accordance with Texas laws and regulations. Such insurance shall include coverage permitted for safety devices. If the Contractor elects to be self - insured, he shall comply with the applicable requirements and laws of Texas. Region 15 ESC, its officers, or employees will not be responsible for any claims or actions occasioned by the failure of the Contractor to comply with the provisions of this paragraph. If any class of employee is not protected under the Workers' Compensation Statute, the Contractor shall provide adequate employer's liability coverage as will protect him and the University against any claims resulting from injuries to and death of workers engaged in work under this contract. d) Coverage limits —Insurance coverage limits required to be carried by the Contractor under this Section shall be as follows: 1. Commercial General Liability Insurance and Commercial Automobile Liability Insurance limits of coverage shall be the limits established by Texas Claims Act or a Combined Single Limit coverage of $1,000,000. 2. Contractor's Workers' Compensation - coverage shall be those established by applicable statutes. Employer's liability coverages shall be the limits established by the State of Texas or $1,000,000. 3. Umbrella Liability Insurance: Liability on a following form basis with a limit $1,000,000 per occurrence in excess of all primary limits. e) All proposals shall include a valid Certificate of Liability Insurance showing REGION 15 ESC, 791 Purchasing Cooperative and individual 791 Purchasing Cooperative members (if requested) as a certificate holder. f) To protect the 791 Purchasing Cooperative, 791 Purchasing Cooperative Members and their employees against liability, loss, or expense in the event of damage to property, injury, or death to any person or persons arising in any way out of or in connection with or resulting from the work provided hereunder, Vendor shall procure and maintain, at its sole expense and until acceptance of the work, insurance as hereinafter enumerated in policies which shall be subject to the 791 Purchasing Cooperative's approval as to form, amount and issuing company. Amounts listed are a minimum. 791 PURCHASING COOPERATIVE. ....... Page.,10 of.11, „ RFP #2021-07-001 Facility Services, Equipment and Supplies 791 PURCHASING COOPERATIVE and VENDOR AGREEMENT Signature Form RFP #2021-07-001 Facility Services, Equipment and Supplies Vendor: Company Name�a�` V Address Cit - �, `\ State "'� Zip ci A -A C) i Phone-30q-3'�11 - 01 LlQ Fax dLi- J?a� 3 sLfF Name of Authorized Representative�}��� Title r-^ `u�- Date�a'�� 1 Email of Authorized Representative, , ('0 Signature of Authorized Represen five c—e-,-_ � (Required) 791 PURCHASING COOPERATIVE: Authorized Representative Signature: Name Jeffrey Shokrian Title President Email Jeff@791 Coop. org Address City State Phone Date 08/31 /2021 Fax Zip 791 PURCHASING COOPERATIVE Page 11 of 11 RFP #2021-07-001 Facility Services, Equipment and Supplies EXHIBIT C CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made io the law by H.B. 23. 941h Leg., Regular Session. OFFICE IGEONLY This questionnaire is being liled in accordance with Ghapta�r 176. Laval Government Code, by a vendor who DaW peceiwed has a business relationship as defined by Section 176-0010-a7 with a local gouernmen-al en0k and the vendor meats requirements under Section 176.006(a)- fay law this questlonnaire must be liled with the records adminhaalor of the local gouen-rental entity not laser than the 7th business day after the dale the vendor becomes arras of facts tha-, require the am-.ement io tie filed. Sap Section 176-ao6(a-1), LacaJ Govemmoni Coda. A vendor commits an olfanse if the vendor knowingly violates Section 176A06, Local Givemment Code- An coarse under this section is a misdemeanor. -11 Name of vendor who has a business relationship with local governmental entity. Douglas Equipment J Chedc this box if you arm tilt ng an ups is a previously fi Ind q uesfiannaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became arare that the originally filed questionnaire was incomplete OF inaccurate.) J Name of local government officerabout whom the information is being disclosed,. N/A Name of Off cer J describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.002(a)(2)(A). Also describe any family relationship with the local governmontoff icer. Complete subparts A and B for each employment or business miationship described. Attach additional pages to this Form CIO as necessary. N/A A- Is the local government officer or a family member of the offioer receiving or likely to rOcaiwe taxable income, other than investment income. from the vendor? Yes WNo 13- Is the vendor receiwing or likely to recaivetaxable income, other than iriwestment income, from or at the direction of the Ical government officer OF a family rrembw of the officer AND the taxable income is not received tram the local governmental entity? 0Yes FEWhf4 f?escribeeach employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership inlerest of one percent or more. N/A 61 ElCheck this box if the vendor has given tha local govern ment officer or a fam ily member of the officer one or more gifts as described in Section 176.00%&)(2)(B), excluding gifts described in SectPon 176-003(a-1 ). 71 Reb—. B�r v174 0EST) Nov 18, 2024 Signatme of vendor doing business with the governmental entity ja-2 Form provided by Texas Ethics Commission wNw. athi cs.stata.lz. u s Re Ased 11113021 City of Fort Worth, Mayor and DATE: 11 /12/24 Texas EXHIBIT D Council Communication M&C FILE NUMBER: M&C 24-0975 LOG NAME: 13PPCOOP 791 PC #2021-07-001 FACILITY SERVICE & EQUIPMENT JF PMD SUBJECT (ALL) Authorize Execution of Agreement with Douglas Food Stores Inc DBA Douglas Equipment Using 791 Purchasing Cooperative Agreement RFP #2021-07-001 for Food Service Equipment and Supplies for New City Hall for an Annual Amount Up to $109,762.00 for the Initial Term and Authorize Five (5) One -Year Renewal Options for an Amount Up to $131,714.00 for the First Renewal, $158,057.00 for the Second Renewal, $189,668.00 for the Third Renewal, $227,602.00 for the Fourth Renewal, and $273,122.00 for the Fifth Renewal for the Property Management Department RECOMMENDATION: It is recommended that the City Council authorize an agreement with Douglas Food Stores Inc DBA Douglas Equipment using 791 Purchasing Cooperative Agreement RFP #2021-07-001 for food service equipment and supplies for New City Hall for an annual amount up to $109,762.00 for the initial term and authorize five (5) one-year renewal options for an amount up to $131,714.00 for the first renewal, $158,057.00 for the second renewal, $189,668.00 for the third renewal, $227,602.00 for the fourth renewal, and $273,122.00 for the fifth renewal for the Property Management Department. DISCUSSION: The Property Management Department approached the Purchasing Division to finalize an agreement with Douglas Food Stores Inc DBA Douglas Equipment to purchase commercial and residential food services equipment and supplies. The City will use this agreement to purchase appliances, specifically warming drawers, coffee brewers, dishwashers, various types of refrigerators, and other catalog equipment for the New City Hall cafe areas and council chambers. This agreement will be used to replace out of order food service equipment after all remodeling on all New City Hall floors has been completed by the Future City Hall CMAR Agreement (CSCO 57973). The annual amount allowed under this agreement will be up to $109,762.00. However, the actual amount used will be based on the needs of the department and available budget. Funding is budgeted in the Other Contractual Services account within the General Fund for the Property Management Department. 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 the purchase of items. 791 Purchasing Cooperative agreements have been competitively bid to increase and simplify the purchasing power of local government entities. 791 Purchasing Cooperative published RFP #2021-07-001 on July 30, 2021 and on August 6, 2021. The contract was awarded to Douglas Food Stores Inc DBA Douglas Equipment on August 30, 2021. ADMINISTRATIVE CHANGE ORDERS - An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval. TERM: The initial term of the agreement will begin upon execution and end on August 29, 2025. RENEWAL TERMS: The agreement may be renewed for five (5) additional one-year terms. The spending authority for the renewal periods, if exercised, will be in an amount up to $131,714.00 for the first renewal, $158,057.00 for the second renewal, $189,668.00 for the third renewal, $227,602.00 for the fourth renewal, and $273,122.00 for the fifth renewal. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. 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 General Fund to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Property Management Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Reginald Zeno 8517 Dana Burghdoff 8018 Oriainatina Business Unit Head: Reginald Zeno 8517 Marilyn Marvin 7708 Additional Information Contact: Jo Ann Gunn 8525 Jesus Fernandez 6467