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7026 - Amendment 2 Executed Docusign Transmittal Coversheet File Name Purchasing Contact Contract Expiration               1 THE STATE OF TEXAS § § COUNTY OF DENTON § SECOND AMENDMENT TO CONTRACT BY AND BETWEEN THE CITY OF DENTON, TEXAS AND SUPREME FOOD SERVICES, DBA VEND PRO REFRESHMENT SERVICES 7026 THIS SECOND AMENDMENT TO CONTRACT 7026 (this “Amendment”) by and between the City of Denton, Texas (“City”) and Supreme Food Services, dba Vend pro Refreshment Services (“Contractor”) to that certain contract executed on October 15, 2019, (the “Original Agreement”); amended on May 12, 2020 to remove office coffee services and related products and any minimum purchase requirement related to the coffee services and related products (the “First Amendment”); (collectively, the Original Agreement and the First Amendment are the “Agreement”) for services related to vending machine services; WHEREAS, the City deems it necessary to further expand the services provided by Contractor to the City pursuant to the terms of the Agreement with this Second Amendment. WHEREAS, the City deems it necessary to further expand the goods/services provided by Contractor to the City; and NOW THEREFORE, the City and Contractor (hereafter collectively referred to as the “Parties”), in consideration of their mutual promises and covenants, as well as for other good and valuable considerations, do hereby AGREE to the following Second Amendment, which amends the following terms and conditions of the said Agreement, to wit: 1. This Amendment modifies the Agreement amount to provide for additional micro market services and related products, as shown in Exhibit A attached, to be provided in accordance with the terms of the Agreement. The minimum purchase requirements and term of micro market services and related products are as described in Exhibit A. The Parties hereto agree, that except as specifically provided for by this Amendment, that all of the terms, covenants, conditions, agreements, rights, responsibilities, and obligations of the Parties, set forth in the Agreement remain in full force and effect. IN WITNESS WHEREOF, the City and the Contractor, have each executed this Amendment, by and through their respective duly authorized representatives and officers on this date_______________________________________.          2 “CONTRACTOR” Supreme Food Services, dba Vend Pro Refreshment Services By: _____________________________ AUTHORIZED SIGNATURE TITLE: __________________________ “CITY” CITY OF DENTON, TEXAS A Texas Municipal Corporation By: _____________________________ PURCHASING AGENT THIS AGREEMENT HAS BEEN BOTH REVIEWED AND APPROVED as to financial and operational obligations and business terms. _______________ ________________ SIGNATURE PRINTED NAME __________________________________ TITLE __________________________________ DEPARTMENT                     3 Exhibit A Minimum Purchase: Client has selected a micro market which has a coffee and all related products minimum purchase amount of $2,400 per month. Should Client fall short of the specified monthly minimum, Client agrees to subsidize the difference and make equal to $2,400 per month for the term of this agreement. Term of Micro Market: Client agrees to an initial one (1) year term on the micro market with the option to renew until contract expires. Payment Terms: Any products or services purchased by Client shall be invoiced by Vend-Pro. Client terms are Net Due upon invoice receipt via Client’s option of check, credit card or electronic funds transfer into an account designated by Vend-Pro. Invoices not paid within (30) days of invoice date are subject to a service charge calculated at the lower of 1.5% per month, or the maximum rate permitted by state jurisdiction. Product Shrinkage (theft): Client is liable for all product shrinkage shortages greater than 2.5%. Client must agree to no product limitations throughout the term of this agreement. Force Majeure: Neither party will be liable or responsible to the other for any loss or damage or for any delays or failure to perform due to causes beyond its reasonable control including acts of God, strikes, epidemics, war, riots, flood, fire, sabotage, or any other circumstances of like character. In the event of such unforeseen incident, Vend Pro shall have five (5) days from the onset of the unforeseen incident to remove its personal property from any location where it may be found. Upon the reopening of any locations where Vend Pro removed its personal property, Vend Pro shall replace any personal property within fourteen (14) days. In the event the Client does not allow Vend Pro to remove its personal property and the product expires, Client shall indemnify Vend Pro for its lost or expired product.         4 Equipment 1) Equipment Arrangements: Vend Pro will deliver and install the following Equipment. Breakroom #1 Market Fixtures ___1____ Beverage Cooler ___1____ Food Cooler ___1____ Camera System ___1____ Coffee Service ________ Market Kiosk ___ 1___         5 Exhibit B Pricing – Drinks & Snacks Product Prices in machines may be adjusted by Vend Pro Quarterly, as needed to reflect manufacturer price changes, fuel costs, tax changes or labor cost changes. Vend Pro will inform and work closely with the Client regarding implementation of Price Changes. Product Selection will periodically change based on seasonal changes, new items available, special requests and/or sales pattern evolution.         Certificate Of Completion Envelope Id: C624933327744045986AC59683024363 Status: Completed Subject: ***Purchasing Approval*** Contract 7026 - 2nd Amendment Source Envelope: Document Pages: 6 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Cori Power AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 901B Texas Street Denton, TX 76209 cori.power@cityofdenton.com IP Address: 198.49.140.104 Record Tracking Status: Original 11/5/2020 11:16:15 AM Holder: Cori Power cori.power@cityofdenton.com Location: DocuSign Signer Events Signature Timestamp Cori Power cori.power@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Completed Using IP Address: 198.49.140.104 Sent: 11/5/2020 11:31:18 AM Viewed: 11/5/2020 11:32:27 AM Signed: 11/5/2020 11:33:08 AM Electronic Record and Signature Disclosure: Not Offered via DocuSign Karla Price karla@vendpro.us Sales Manager Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 69.170.113.156 Sent: 11/5/2020 11:33:09 AM Viewed: 11/5/2020 12:00:10 PM Signed: 11/5/2020 3:12:18 PM Electronic Record and Signature Disclosure: Accepted: 11/5/2020 12:00:10 PM ID: 80e7f170-fbb7-4ae4-8532-4a042e4fd79a Christine Taylor Christine.Taylor@cityofdenton.com Director of Procurement and Compliance City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.10 Sent: 11/5/2020 3:12:20 PM Viewed: 11/5/2020 3:41:11 PM Signed: 11/5/2020 3:42:33 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cori Power cori.power@cityofdenton.com Buyer City of Denton Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 198.49.140.104 Sent: 11/5/2020 3:42:35 PM Viewed: 11/5/2020 4:50:04 PM Signed: 11/5/2020 4:50:21 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Gabby Leeper Gabby.Leeper@cityofdenton.com Administrative Assistant III City of Denton Security Level: Email, Account Authentication (None) Sent: 11/5/2020 4:50:22 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Scott McDonald Scott.McDonald@cityofdenton.com Director Security Level: Email, Account Authentication (None) Sent: 11/5/2020 4:50:22 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Cheyenne Defee cheyenne.defee@cityofdenton.com Contract Administrator City of Denton Security Level: Email, Account Authentication (None) Sent: 11/5/2020 4:50:23 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 11/5/2020 11:31:18 AM Certified Delivered Security Checked 11/5/2020 4:50:04 PM Signing Complete Security Checked 11/5/2020 4:50:21 PM Completed Security Checked 11/5/2020 4:50:23 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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