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Home My WebLink AboutContract 61288-A1R1Docusign Envelope ID: D9DB16C4-29AA-4237-B1E9-05B8DFB1C73A City Secretary Contract No. 61288-AlR1 AMENDMENT NO. 1 & RENEWAL NO. 1 TO FORT WORTH CITY SECRETARY CONTRACT NO. 61288 This Amendment and Renewal is made between the City of Fort Worth ("City") and Fooda, Inc. ("Vendor"). WHEREAS, City and Vendor entered into an Agreement identified as Fort Worth City Secretary Contract No. 61288 beginning April 22, 2024 (the "Agreement"); and WHEREAS, the Agreement currently allows up to five two-year renewal options but City and Vendor wish to amend the renewal options under the Agreement to reflect up to 10 one-year renewal options; and WHEREAS, City and Vendor also wish to amend the Agreement Exhibits to include information regarding service on City holidays and to memorialize detailed payment and invoice terms; and WHEREAS, City and Vendor wish to enter into the First Renewal Term under the amended Agreement, for the period between April 1, 2025 to March 31, 2026. NOW THEREFORE, City and Vendor, acting herein by and through their duly authorized representatives, agree to the following terms, which amend and renew the Agreement as follows: 1. The Agreement is hereby amended by replacing the language in Section 2, Term, in its entirety and replacing it as follows: This Agreement begins on April 22, 2024 ("Effective Date") and expires on March 31, 2025 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to ten (10) one- year renewal option(s) (each a "Renewal Term"). 2. The Agreement is hereby amended by adding the following language to Exhibit A, Statement of Work: HOLIDAYS a. The Vendor will not perform services mutually agreed to by Parties. b. The City observed holidays include: i. New Year's Day ii. Martin Luther King Jr. Day iii. Memorial Day iv. Juneteenth v. Independence Day on City observed holidays, unless OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Renewal No. l & Amendment No. 1 to Fort Worth City Secretary Contract No. 61288 Page 1 of 5 Docusign Envelope ID: D9DB16C4-29AA-4237-B1E9-05B8DFB1C73A City Secretary Contract No. vi. Labor Day vii. Thanksgiving Day and the following Friday viii. Christmas Day c. The City reserves the right to suspend services on any day with a minimum two week notice to the Vendor. 3. The Agreement is hereby amended by deleting the section titled "Invoicing & Payment Terms" on page 13 under Exhibit B, Price Schedule, and adding the following language in its place: PAYMENT TERMS a. City will pay Vendor via ACH, Net-30 from invoice date b. Invoices will be sent to the City weekly and will consolidate any charges for services rendered Sunday- Saturday. C. The City will pay interest in the amount of 1.5%, or the maximum amount that the City may lawfully contract to pay, whichever is less, on past due balances until collected. INVOICING REOUIREMENTS a. The City has begun implementing an automated invoicing system. b. Vendor will send invoices electronically to the City's centralized Accounts Payable department invoice email address: supplierinvoices@fortworthtexas.gov. NOTE: This email address is not monitored so Vendor should not send correspondence to this email address. The sole purpose of the supplier invoices email address is to receive and process supplier invoices. c. Vendor will include the following on the subject line of Vendor's e-mail: Vendor name, invoice number, and PO number, separated by an underscore (ex: Example, Inc. _123456 FWO13-0000001234) d. To ensure the system can successfully process invoices in an expedient manner, Vendor will adhere to the following requirements: i. All invoices must be either a PDF or TIFF format. ii. Image quality must be at least 300 DPI (dots per inch). iii. Invoices must be sent as an attachment (i.e. no invoice in the body of the email). iv. One invoice per attachment (includes PDFs). Multiple attachments per email is acceptable but each invoice must be a separate attachment. v. Vendor will NOT send handwritten invoices or invoices that contain handwritten notes. vi. Dot matrix invoice format is not acceptable. e. The invoice must contain the following information: i. Supplier Name and Address; ii. Remit to Supplier Name and Address, if different; iii. Applicable City Department business unit# (i.e. FW013) iv. Complete City of Fort Worth PO number (i.e. the PO number must contain all preceding zeros); Renewal No. 1 & Amendment No. 1 to Fort Worth City Secretary Contract No. 61288 Page 2 of 5 Docusign Envelope ID: D9DB16C4-29AA-4237-B1E9-05B8DFB1C73A City Secretary Contract No. v. Invoice number; and A. Invoice date. f. Invoices will be submitted after delivery of the goods or services. g. To prevent invoice processing delays, please do not send invoices by both mail and email and please do not send the same invoice more than once by email to supplierinvoices@fortworthtexas.gov. To check on the status of an invoice, please contact the City Department ordering the goods/services or the Central Accounts Payable Department by email at: ZZ FIN AccountsPavable(afortworthtexas.aov. h. If Vendor is unable to send invoices as outlined above at this time, Vendor will send invoices to the City's centralized Accounts Payable Department instead of directly to the individual City department. This will allow City staff to digitize the invoice for faster processing. i. If electronic invoicing is not possible, Vendor will send Vendor's paper invoice to: City of Fort Worth Attn: FMS Central Accounts Payable 200 Texas Street Fort Worth, Texas, 76102 j. Vendor will not include Federal, State, or City sales tax in its invoices. City will furnish a tax exemption certificate upon Vendor's request. INVOICE DETAIL REOUIREMENTS a. The invoices will specify the service being offered (event type): • Popup guest restaurant/ food truck • Salata • Creative Cuisine — barista + salad • Creative Cuisine — barista only b. For the Creative Cuisine - barista only service, the invoice will specify the hours services are provided. • 8 am— 11 am • 8 am — 2 pm c. The invoice will specify the name of the vendor providing the service per event. SALES DATA REPORT DETAIL REOUIREMENTS a. With each invoice the vendor will provide an itemized sales report sent directly to the Management Sponsor or designee. b. At a minimum, the Sales Data Report will include the following details: a. Date services are provided b. The services being offered (event type) • Popup guest restaurant/ food truck • Salata • Creative Cuisine — barista + salad • Creative Cuisine — barista only c. For the Creative Cuisine - barista only service, the Sales Data Report will specify the hours services are provided. •8am— 11am Renewal No. I & Amendment No. 1 to Fort Worth City Secretary Contract No. 61288 Page 3 of 5 Docusign Envelope ID: D9DB16C4-29AA-4237-B1E9-05B8DFB1C73A City Secretary Contract No. •8am-2pm d. The net sales (total sales amount after discounts and taxes are removed). 4. Renewal of Agreement. The Agreement is hereby renewed for its First Renewal Term for the period of April 1, 2025 to March 31, 2026. 5. All other terms, provisions, conditions, covenants and recitals of the Agreement not expressly amended herein shall remain in full force and effect. [Signature Page Follows] Renewal No. 1 & Amendment No. 1 to Fort Worth City Secretary Contract No. 61288 Page 4 of 5 Docusign Envelope ID: D9DB16C4-29AA-4237-B1E9-05B8DFB1C73A City Secretary Contract No. Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth ; liar 20, 6�'e3 By: Dana Burghdoff (Mar 2025 CDT) Name: Dana Burghdoff Title: Assistant City Manager Date: 3/27/2025 Approval Recommended: By. �74— Name: Marilyn Marvin Title: Interim Director, Property Management Attest: By: Name: Jannette S. Goodall Title: City Secretary VENDOR: Fooda, Inc. ann, 0 Pvo S=� aaII^un�aa 4444 By: 4'� Wahm . Name: Jim Watson Title: Executive Vice President Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: 6w.0w. /� • Name: Brian Glass Title: Assistant Director, Property Management Approved as to Form and Legality: By: g cv Name: Jessika J. Williams Title: Assistant City Attorney Contract Authorization: M&C: N/A OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Renewal No. l & Amendment No. 1 to Fort Worth City Secretary Contract No. 61288 Page 5 of 5