HomeMy WebLinkAbout064933 - General - Contract - Santos Chazarreta dba MJJ ConstructionCity Secretary Contract No. 64933
F,ORT WORTH.,
VENDOR SERVICES AGREEMENT
This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and
between the CITY OF FORT WO TH ("City"), a Texas home rule municipal corporation, and Santos
Chazarreta, d/b/a MJJ Construction ("Vendor"), each individually referred to as a "party" and
collectively referred to as the "parties."
1. Scope of Services. Boarding and securing of private properties ("Services"), as set forth in
more detail in Exhibit "A," attached hereto and incorporated herein for all purposes.
2. Term. This Agreement begins on April 1, 2026 ("Effective Date") and expires on June
30, 2026 ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term").
This agreement does not have any renewal options.
3. Compensation. City will pay Vendor in accordance with the provisions of this Agreement,
including Exhibit `B," which is attached hereto and incorporated herein for all purposes. Total
compensation under this Agreement will not exceed ONE HUNDRED THO SAND Dollars
($100,000.00). Vendor will not perform any additional 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 will not be liable for any additional expenses of Vendor not specified by this Agreement
unless City first approves such expenses in writing.
4. Termination.
4.1. Written Notice. City or Vendor may terminate this Agreement at any time and for
any reason by providing the other party with 30 days' written notice of termination.
4.2 Non -appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever, except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
4.3 Duties and Obligations of the Parties. In the event that this Agreement is
terminated prior to the Expiration Date, City will pay Vendor for services actually rendered up to
the effective date of termination and Vendor will continue to provide City with services requested
by City and in accordance with this Agreement up to the effective date of termination. Upon
termination of this Agreement for any reason, Vendor will provide City with copies of all
completed or partially completed documents prepared under this Agreement. In the event Vendor
has received access to City Information or data as a requirement to perform services hereunder,
Vendor will return all City provided data to City in a machine-readable format or other format
deemed acceptable to City.
OFFICIAL RECORD
Vendor Services Agreement CITY SECRETARY Page 1 of 20
FT. WORTH, TX
City Secretary Contract No.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts. Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's services
under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this
Agreement, Vendor hereby agrees immediately to make full disclosure to City in writing.
5.2 Confidential Information. Vendor, for itself and its officers, agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. 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. In the event there is a request for information marked Confidential or Proprietary,
City will 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.
5.4 Unauthorized Access. Vendor must store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way. Vendor must notify City immediately if the security or integrity of any
City Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Right to Audit. Vendor agrees that City will, 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 will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees, Vendors, and subcontractors. Vendor acknowledges that the doctrine of respondeat superior
will not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees, servants, contractors, and subcontractors. Vendor further agrees that nothing herein will be
construed as the creation of a partnership or joint enterprise between City and Vendor. It is further
understood that City will in no way be considered a Co -employer or a Joint employer of Vendor or any
officers, agents, servants, employees, contractors, or subcontractors. Neither Vendor, nor any officers,
agents, servants, employees, contractors, or subcontractors of Vendor will be entitled to any employment
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benefits from City. Vendor will be responsible and liable for any and all payment and reporting of taxes on
behalf of itself, and any of its officers, agents, servants, employees, contractors, or contractors.
Liability and Indemnification.
8.1 LIABILITY - VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR
SUBCONTRACTORS.
8.2 GENERAL INDEMNIFICATION -VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS, SERVANTS AND EMPLOYEES, FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, OR SUBCONTRACTORS. THIS
INDEMNITY PROVISION (INCLUDING, WITHOUT LIMITATION, INDEMNITY FOR
COSTS, EXPENSES AND LEGAL FEES) IS SPECIFICALLY INTENDED TO OPERATE
AND BE APPLICABLE EVEN IF IT IS ALLEGED OR PROVED THAT ALL OR SOME OF
THE DAMAGES BEING SOUGHT WERE CAUSED AS A WHOLE OR IN PART BY ANY
ACT, OMISSION, NEGLIGENCE, GROSS NEGLIGENCE, BREACH OF CONTRACT,
INTENTIONAL CONDUCT, VIOLATION OF STATUTE OR COMMON LAW, BREACH OF
WARRANTY, PRODUCT DEFECT, STRICT PRODUCT LIABILITY, OR ANY OTHER
CONDUCT WHATSOEVER OF THE CITY
8.3 INTELLECTUAL PROPERTY INDEMNIFICATION — Vendor agrees to
defend, settle, or pay, at its own cost and expense, any claim or action against City for
infringement of any patent, copyright, trade mark, trade secret, or similar property right
arising from City's use of the software and/or documentation in accordance with this
Agreement, it being understood that this agreement to defend, settle or pay will not apply if
City modifies or misuses the software and/or documentation. So long as Vendor bears the
cost and expense of payment for claims or actions against City pursuant to this section,
Vendor will have the right to conduct the defense of any such claim or action and all
negotiations for its settlement or compromise and to settle or compromise any such claim;
however, City will have the right to fully participate in any and all such settlement,
negotiations, or lawsuit as necessary to protect City's interest, and City agrees to cooperate
with Vendor in doing so. In the event City, for whatever reason, assumes the responsibility
for payment of costs and expenses for any claim or action brought against City for
infringement arising under this Agreement, City will have the sole right to conduct the
defense of any such claim or action and all negotiations for its settlement or compromise and
to settle or compromise any such claim; however, Vendor will fully participate and cooperate
with City in defense of such claim or action. City agrees to give Vendor timely written notice
of any such claim or action, with copies of all papers City may receive relating thereto.
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Notwithstanding the foregoing, City's assumption of payment of costs or expenses will not
eliminate Vendor's duty to indemnify City under this Agreement. If the software and/or
documentation or any part thereof is held to infringe and the use thereof is enjoined or
restrained or, if as a result of a settlement or compromise, such use is materially adversely
restricted, Vendor will, at its own expense and as City's sole remedy, either: (a) procure for
City the right to continue to use the software and/or documentation; or (b) modify the
software and/or documentation to make it non -infringing, provided that such modification
does not materially adversely affect City's authorized use of the software and/or
documentation; or (c) replace the software and/or documentation with equally suitable,
compatible, and functionally equivalent non -infringing software and/or documentation at no
additional charge to City; or (d) if none of the foregoing alternatives is reasonably available
to Vendor terminate this Agreement, and refund all amounts paid to Vendor by City,
subsequent to which termination City may seek any and all remedies available to City under
law.
Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor will be liable for all obligations of Vendor under this Agreement prior to the effective date
of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, the subcontractor will execute
a written agreement with Vendor referencing this Agreement under which subcontractor agrees to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor must provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor must provide City with certificate(s) of insurance documenting
policies of the following types and minimum coverage limits that are to be in effect prior to commencement
of any Services pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000 - Each Occurrence
$2,000,000 - Aggregate
(b) Automobile Liability:
$1,000,000 - Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, or its employees, agents, or
representatives in the course of providing Services under this Agreement. "Any
vehicle" will be any vehicle owned, hired and non -owned.
(c) Worker's Compensation:
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10.2
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the Services are being performed
Employers' liability
$100,000 -
Bodily Injury by accident; each accident/occurrence
$100,000 -
Bodily Injury by disease; each employee
$500,000 -
Bodily Injury by disease; policy limit
(d) Professional Liability (Errors & Omissions):
$1,000,000 - Each Claim Limit
$1,000,000 - Aggregate Limit
Professional Liability coverage may be provided through an endorsement to the
Commercial General Liability (CGL) policy, or a separate policy specific to
Professional E&O. Either is acceptable if coverage meets all other requirements.
Coverage must be claims -made, and maintained for the duration of the contractual
agreement and for two (2) years following completion of services provided. An
annual certificate of insurance must be submitted to City to evidence coverage.
General Requirements
(a) The commercial general liability and automobile liability policies must
name City as an additional insured thereon, as its interests may appear. The term
City includes its employees, officers, officials, agents, and volunteers in respect to
the contracted services.
(b) The workers' compensation policy must include a Waiver of Subrogation
(Right of Recovery) in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage must be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium. Notice must be sent to the
Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102,
with copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A- VII
in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required, written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
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11. Compliance with Laws, Ordinances, Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances, rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws, ordinances, rules or regulations, Vendor must immediately desist
from and correct the violation.
12. Non -Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
contractors, subcontractors, and successors in interest, as part of the consideration herein, agrees that in the
performance of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or
employment of any individual or group of individuals on any basis prohibited by law. IF ANY CLAIM
ARISES FROM AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT
BY VENDOR, ITS PERSONAL REPRESENTATIVES, ASSIGNS, CONTRACTORS,
SUBCONTRACTORS, OR SUCCESSORS IN INTEREST, VENDOR AGREES TO ASSUME
SUCH LIABILITY AND TO INDEMNIFY AND DEFEND CITY AND HOLD CITY HARMLESS
FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will 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
Facsimile: (817) 392-8654
With copy to Fort Worth City Attorney's Office at
same address
To VENDOR:
Santos Chazarreta, d/b/a MJJ Construction Attn:
Tristan Chazarreta
608 Smith Ave
Crowley, TX 76036
Phone: (682) 551-8684
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination, solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein does not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
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17. Governing Law / Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Majeure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement, but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance, or regulation; acts of God; acts of the public
enemy; fires; strikes; lockouts; natural disasters; wars; riots; epidemics or pandemics; government action
or inaction; orders of government; material or labor restrictions by any governmental authority;
transportation problems; restraints or prohibitions by any court, board, department, commission, or agency
of the United States or of any States; civil disturbances; other national or regional emergencies; or any other
similar cause not enumerated herein but which is beyond the reasonable control of the Party whose
performance is affected (collectively, "Force Majeure Event"). The performance of any such obligation is
suspended during the period of, and only to the extent of, such prevention or hindrance, provided the
affected Party provides notice of the Force Majeure Event, and an explanation as to how it prevents or
hinders the Party's performance, as soon as reasonably possible after the occurrence of the Force Majeure
Event, with the reasonableness of such notice to be determined by the City in its sole discretion. The notice
required by this section must be addressed and delivered in accordance with Section 13 of this Agreement.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only, will not be deemed a part of this Agreement, and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Agreement or its Exhibits.
22. Amendments / Modifications / Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes, be deemed an original, but all such counterparts will together constitute
one and the same instrument.
24. Warranty of Services. Vendor warrants that its services will be of a high quality and
conform to generally prevailing industry standards. City must give written notice of any breach of this
warranty within thirty (30) days from the date that the services are completed. In such event, at Vendor's
option, Vendor will either (a) use commercially reasonable efforts to re -perform the services in a manner
that conforms with the warranty, or (b) refund the fees paid by City to Vendor for the nonconforming
services.
25. Immigration Nationality Act. Vendor must verify the identity and employment eligibility
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of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form (I-9). Upon request by City, Vendor will provide City with copies of all I-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor must adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services. VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, OR
AGENTS. City, upon written notice to Vendor, will have the right to immediately terminate this Agreement
for violations of this provision by Vendor.
26. Ownership of Work Product. City will be the sole and exclusive owner of all reports,
work papers, procedures, guides, and documentation that are created, published, displayed, or produced in
conjunction with the services provided under this Agreement (collectively, "Work Product"). Further, City
will be the sole and exclusive owner of all copyright, patent, trademark, trade secret and other proprietary
rights in and to the Work Product. Ownership of the Work Product will inure to the benefit of City from
the date of conception, creation or fixation of the Work Product in a tangible medium of expression
(whichever occurs first). Each copyrightable aspect of the Work Product will be considered a "work -made -
for -hire" within the meaning of the Copyright Act of 1976, as amended. If and to the extent such Work
Product, or any part thereof, is not considered a "work -made -for -hire" within the meaning of the Copyright
Act of 1976, as amended, Vendor hereby expressly assigns to City all exclusive right, title and interest in
and to the Work Product, and all copies thereof, and in and to the copyright, patent, trademark, trade secret,
and all other proprietary rights therein, that City may have or obtain, without further consideration, free
from any claim, lien for balance due, or rights of retention thereto on the part of City.
27. Signature Authority. The person signing this Agreement hereby warrants that they have
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order, resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto, may be executed by any authorized representative of Vendor. Each
party is fully entitled to rely on these warranties and representations in entering into this Agreement or any
amendment hereto.
28. Change in Company Name or Ownership. Vendor must notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records. The president of Vendor or authorized official must sign the letter. A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
29. No Boycott of Israel. 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 Section 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.
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30. Prohibition on Boycotting Energy Companies. Vendor acknowledges that in
accordance with Chapter 2276 of the Texas Government Code, 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 company that it: (1) does not boycott energy companies; and (2) will not
boycott energy companies during the term of the contract. 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 City that Vendor: (1) does not boycott energy
companies; and (2) will not boycott energy companies during the term of this Agreement.
31. Prohibition on Discrimination Against Firearm and Ammunition Industries. Vendor
acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, City is
prohibited from entering into a contract for goods or services that has a value of $100,000 or more that is
to be paid wholly or partly from public funds of the City with a company with 10 or more full-time
employees unless the contract contains a written verification from the company that it: (1) does not have a
practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade
association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm
trade association. To the extent that Chapter 2274 of the Government Code is applicable to this
Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written
verification to City that Vendor: (1) does not have a practice, policy, guidance, or directive that
discriminates against a firearm entity or firearm trade association; and (2) will not discriminate
against a firearm entity or firearm trade association during the term of this Agreement.
32. Electronic Signatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature. For these purposes, "electronic signature" means electronically scanned and transmitted versions
(e.g. via pdf file or facsimile transmission) of an original signature, or signatures electronically inserted via
software such as Adobe Sign.
33. Entirety of Agreement. This Agreement contains the entire understanding and agreement
between City and Vendor, their assigns and successors in interest, as to the matters contained herein. Any
prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict
with any provision of this Agreement.
(signature page follows)
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City Secretary Contract No.
GxKej0ly131I7\0D7T-"9ofD)1
CITY OF FORT WORTH:
By:aaa &Lgkdoiq
Name:D"nar($tuff 2026 18: 8:55 CDT)
Title: Assistant City Manager
Date: 03/25/2026
APPROVAL RECOMMENDED:
By: AW
n
Name: S�'94M(M g1 r 24, 2026 . 4:14 CDT)
Title: Deputy Code Compliance Director
ATTEST:
Fort>°nna
a� K.
Jl— " ddLynTEX9Bad
By: �./o+
Name: 4nnette Goodall
Title: City Secretary
VENDOR:
SANTOS CHAZARRETA, d1bla MJJ
CONSTRUCTION
By: T-d SJ4 vl C h a Z a rrO±a
Name: T J- a , 2026 16:52:22 CDT)
Title: General Foreman
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:
Name: Ty Kikchi6ns
Title: Code Compliance Superintendent
APPROVED AS TO FORM AND LEGALITY:
By: zmy a� il/J1vi1r�il�
Name: Amarna Muhammad
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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SCOPE OF SERVICES
1.0 SCOPE
1.1 Contractor shall provide boarding and securing services in accordance with the
Agreement for the Code Compliance Department and any additional services of the
same general category that parties agree to.
1.2 Unit prices shall include all associated costs, not limited to delivery, fuel and handling
charges. No additional charges will be accepted or paid by the City.
2.0 DEFINITIONS
2.1 BOARDING AND SECURING: Boarding and securing of all entry windows, doorways,
or other openings of multiple levels as specified by an authorized Code Compliance
officer using suitable material as outlined in this Agreement. This Agreement also includes
fencing, clear polycarbonate (Lexan) and steel plating as an alternative method approved
by the Code Compliance Department.
2.2 PRICE DETERMINATION: The number of openings secured will be annotated by the
type (window, door, over 32 square feet, or under 32 square feet) on the work order and
returned with a separate invoice. Invoice shall include a list of openings by type and cost
to secure on a company invoice. Bid price per opening will include all weather protection,
additional framing if needed, hardware, materials and labor.
2.2.1 Pricing for securing other openings and oversized openings shall be based upon a
set charge. Less than 32 square feet shall have one price and greater than 32 square
feet shall have one price using'/4" CDX.
2.2.2 Fencing price shall be based on a linear foot cost which shall include cost for
setting posts or securing directly to a structure.
2.2.3 Pricing to secure a window encasement using3/4" CDX and Clear Polycarbonate.
2.2.4 Pricing to secure a door encasement'/4" CDX and Clear Polycarbonate.
2.2.5 Pricing to secure openings using 14 gauge steel plates, price will include all
welding, cutting, and 3" angle iron framing. Price based on YxT door.
2.3 WEATHER PROOFING: The act of coating3/4' CDX plywood used in the securing
process, with weather resistant, light tan color paint.
2.4 EXIT DOORS: To be considered an exit door, door must face a public right-of-way or be
visible from public view.
2.5 WORK ORDER: All work to be performed will be assigned using the Code Compliance
"BOARD -UP WORK ORDER".
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2.6 EMERGENCY BOARDING: A work order for boarding services to be performed within
24 hours of notification.
2.7 6" ON CENTER: See Section 3.4 below as well as "IMAGE B".
2.8 TOTAL COST: Total amount of material, labor, framing, and hardware used for the
securing operation of the structure.
2.9 CLASS 1: Securing only -the opening(s) identified on the Work Order using section 3.4
securing operation standards.
2.10 CLASS 2: Used to secure all encasements and other openings due to a repeated property
breech. Secure all openings (breeched and secured) using section 3.4 securing operation
standards
2.11 CLASS 3: Special work order used to secure properties with specific life, health, and
safety hazards. Only performed by special request at the direction of the Code Compliance
Superintendent. Using section 3.4.9 securing operation standards or other methods deemed
appropriate for the situation.
2.12 OTHER OPENINGS: Shall include wall breeches not considered a window, door, or
garage door but limited to less than 32 square feet.
2.13 OVER -SIZED OPENINGS: Opening greater than 4' X 8' = 32 square feet and not
considered a window or door encasement.
2.14 RESIDENTIAL STRUCTURES: Structures which are built or constructed, and further
identified as a dwelling, an apartment building or an accessory building on a lot.
2.15 TYPE 1 FASTENERS -Wood framing screws with Torque heads shall be used for wood
framing only.
2.16 TYPE 2 FASTENERS- Self -tapping metal screws with Torque heads shall be used for
metal framing only.
2.16.1 Zinc coated Torque head screws long enough to reach 2" into wood framing and 3"
self -tapping screws for metal frames, typically 33/4" long minimum (Alternate:
wood door and window trim may be removed, and 3" fastener may be used).
2.17 LEXAN (Polycarbonate Resin) -An extremely versatile product with outstanding
properties and good chemical resistance for a wide variety of applications. This material
will only be used with approval from the Code Compliance Director to address special
circumstances.
3.0 PERFORMANCE REQUIREMENTS
3.1 Notification to Contractor (Board -Up Work Order)
3.1.1 The Contractor shall be provided a Board -Up Work Order with the amount of
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windows, doors, or other openings that require securing.
3.1.2 Contractor shall pick up work orders within two (2) business days upon notification
by phone or email.
3.1.3 The Contractor shall secure all structures indicated on the work order within five
(5) business days after notification of the work order being issued. The Contractor
shall secure all structures determined to be an Emergency Board -Up within twenty-
four (24) hours when determined by the Code Compliance Department to be such.
3.1.4 Location of windows, doors, other openings, and over -sized openings to be secured
will be identified using:
3.1.4.1 N: North
3.1.4.2 S: South
3.1.4.3 E: East
3.1.4.4 W: West, sides of the structures.
3.1.5 Any work performed without approval prior to any work being performed from the
Code Compliance Officer will not be paid by the City.
3.2 Period of Performance
3.2.1 The Contractor shall secure all structures indicated on the work order within five
(5) business days after notification of the work order.
3.2.2 The Contractor shall secure all structures determined to be an Emergency Board -
Up within twenty-four (24) hours after notification of the work order. The
Department will determine an Emergency Board -Up.
3.2.3 The Contractor will submit electronically the updated Board -Up Work Order,
photographs and an itemized invoice within three (3) business days after
completing the securing.
3.2.4 In the event of default by the Contractor, the City reserves the right to procure the
services from other sources and hold the defaulting Contractor responsible for any
excess costs.
3.2.5 If vector nesting (bees, wasps, and hornets) is encountered, the Contractor may take
necessary steps to exterminate the hazard after verification and cost approval from
the Code Compliance Supervisor. The invoice relative to such extermination shall
be submitted to the Code Compliance Department with the corresponding Board -
Up Work Order.
3.2.6 Contractor shall report any damage done to property owned by the City or damage
to private personal property to the Code Compliance Department, 817-392-6578,
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within two (2) hours after occurrence.
3.3 Photographic Evidence
3.3.1 The following minimum specifications will be required:
3.3.1.1 Use of digital cameras capable of at least 1 (one) mega -pixel with image
resolution of 1280 x 1224 that adds date stamp on face of picture.
3.3.1.2 Contractor shall provide photographic evidence of each opening boarded
and secured.
3.3.2 Photographs shall:
3.3.2.1 Be taken prior to commencement of work that accurately depicts each
opening designated on the work order, and on completion showing the
work performed. Photographs shall be taken at the same angle prior to
installation and following installation.
3.3.2.2 Be in color, and date and timestamped.
3.3.2.3 Be submitted electronically with the matching work order and invoice to
the assigned Code Compliance Officer listed on the Work Order.
3.4 Securing Operation
3.4.1 Contractor shall inspect each location prior to securing the structure to determine
the number of openings to be secured match the work order.
3.4.2 Contractor shall use3/4" CDX plywood, carriage bolts of sufficient length to reach
through both the plywood and 2"x4" backup boards or braces, 3" torque head
fasteners placed 6" on center, and weatherproof paint in the securing process.
Infrequently, the City may require intermitted 3" lag screw with ''/2" washers.
3.4.3 Contractor shall weatherproof each piece of plywood prior to installing on
structure. Also, any opening that has been previously secured shall be weather
proofed as needed.
3.4.4 Contractor shall secure all identified ground floor openings unless additional
openings are added by the Code Compliance Officer.
3.4.5 Except for the last exit door, Contractor shall secure all openings indicated on the
work order by installing 3/4" CDX plywood that will fit the window screen inset for
windows, and fit flush with the door facings or jambs for all doors.
3.4.6 For windows and doors, except the last exit door, 2"x4" backup boards or braces
will be installed and secured with carriage bolts.
3.4.7 The plywood will be secured along the edges with 3" fasteners spaced six (6)
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City Secretary Contract No.
inches apart, as outlined in the illustrations in IMAGE A and B.
3.4.8 The last exit door will be secured using three (3), 3" fasteners spaced six (6) inches
apart.
3.4.9 Work Orders submitted as a Class 3 (Section 2.11) as directed by the Code
Compliance Officer shall use securing standards described in this section for all
windows (breeched and secured). Class 3 door openings shall include 3" angle iron
framing on all four (4) sides secured with 3" lag screws or 2" masonry anchors if
the encasement is masonry. The door opening shall be covered with 14 gauge steel
and secured with 2" welds every 6". A Class 3 may or may not include multiple
levels of the structure.
3.4.10 There will be some Work Orders requesting securing by 6" chain link instead of
boarding. Chain link shall be 6" tall and may either secure the perimeter of the
property or be attached to the structure itself. Determination shall fall upon the
Code Compliance Officer and be notated on the Work Order.
3.4.11 Contractor shall update the work order form with the number of opening(s) secured
and submit the completed form with the invoice.
3.4.12 Contractor shall notify the Code Compliance Officer via phone or email the same
day or first working day to report each successful closure.
3.4.13 There will be work orders requesting securing a structure using 1/4" clear
polycarbonate (Lexan) secured with three (3), 2 1/2" 14 gauge steel tubing
horizontal braces and anchored with galvanized carriage bolts long enough to
properly secured the horizontal brace to the clear polycarbonate (Lexan).
3.5 Rejection of Contractor's Work
3.5.1 The City will evaluate completed work utilizing both photographic and visual
assessments. The Code Compliance Officer reserves the right to judge and interpret
the quality of the photographs submitted.
3.5.2 Work will be rejected and payment denied for work performed that is not in strict
accordance with the specifications which includes, but is not limited to:
3.5.2.1 Missing or inadequate photographic evidence.
3.5.2.2 Missing or incomplete work orders.
3.5.2.3 Incomplete or inadequate securing of assigned work orders.
3.6 Contractor's Appeal of Rejected Work Orders
3.6.1 Contractor may appeal any rejected work to a Code Compliance Supervisor within
three (3) business days of notification.
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3.6.1.1 It is the Contractor's responsibility to submit any documentation necessary
in support of the appeal.
3.6.1.2 All decisions by the Code Compliance Supervisor are final and decisions
will be in writing and provided to the Contractor.
4.0 CONTACT
4.1 Due to the unique nature of these Agreement specifications, the working
relationship between the City and Contractor is critical to its success. The
Contractor shall have the ability and is required to respond to all inquiries and
issues in timely and professional manner. Failure to respond as indicated shall
result in the termination of this Agreement.
4.2 Contractor shall designate at least one (1) person as Point of Contact with office
phone or cell phone number and email for accessibility.
4.3 Contractor's Point of Contact shall respond to calls, voicemails and emails within
one (1) hour during normal business hours.
4.4 Notification of any changes in contact numbers or personnel shall be in writing or
hand delivered to the Code Compliance Contract Administrator.
5.0 OTHER PROVISIONS
5.1 Contractor shall be responsible for providing, maintaining and transporting all
necessary laborers, equipment, and fuel for its use, in connection with the program
of securing described herein.
5.2 Contractor shall train company employees to use the safest methods and equipment
available in transporting and securing operations.
5.3 All equipment will be maintained in safe operating condition.
5.4 Contractor shall take precautions at all times for the protection of persons and
property. Safety provisions of all applicable laws and ordinances shall be strictly
observed.
5.5 Should squatters or unapproved occupants be encountered at a location where work
is to be conducted, the Contractor shall contact the Code Compliance phone
number listed on the Work Order immediately.
5.6 Should squatters or unapproved occupants be encountered at a location where work
is to be conducted, the Contractor shall contact the Code Compliance phone
number listed on the Work Order immediately.
6.0 PERFORMANCE
6.1 Failure of the City to insist in any one or more instances upon performance of any
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City Secretary Contract No.
of the terms and conditions of this Agreement shall not be construed as a waiver or
relinquishment of the future performance of any terms and conditions, but the
Contractor's obligation with respect to such performance shall continue in full force
and effect.
Vendor Services Agreement Page 17 of 20
C& Secretary Contract No.
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City Secretary Contract No.
EXHIBIT B
PAYMENT SCHEDULE
Prices for each property shall be calculated in the numbers set forth below:
Structure
Securing
Securing 14 x6
Boarding and
Boarding and
Boarding and
Boarding and
Door
gauge
Structure
Securing
Securing
Securing a
Securing a
Opening
galvanized
Securing
Openings
Openings
Window
Door
using steel
chain link wire
using 1/4"
>32 square
<32 square
Opening, per
Opening, per
plating
diameter
clear
feet, per
feet, per
attached
attached
framed with
fencing
polycarbonate
attached
attached
specifications
specifications
3" angle iron,
attached to the
(Lexan) per
specifications
specifications
per attached
structure
sq. ft
specifications
and/or setting
sq. ft
$125
$100
$140
$145
$275
$8
$20
Vendor Services Agreement Page 20 of 20
FORT WORM,
City Secretary's Office
Contract Routing & Transmittal Slip
Contractor's Name: MJJ Construction
Subject of the Agreement
Amarna.
Bridge agreement for Boarding and Securing services approved by
M&C Approved by the Council? * Yes ❑ No 8
If so, the M&C must be attached to the contract.
Is this an Amendment to an Existing contract? Yes ❑ No 8
If so, provide the original contract number and the amendment number.
Is the Contract "Permanent"? *Yes ❑ No 8
If unsure, see back page for permanent contract listing.
Is this entire contract Confidential? *Yes ❑ No 8 If only specific information is
Confidential, please list what information is Confidential and the page it is located.
Effective Date: 04/01 /26
If different from the approval date.
Expiration Date:
06/30/26
If applicable.
Is a 1295 Form required? * Yes ❑ No 8
*If so, please ensure it is attached to the approving M&C or attached to the contract.
Project Number: If applicable.
*Did you include a Text field on the contract to add the City Secretary Contract (CSC)
number? Yes 8 No ❑
Contracts need to be routed for CSO processing in the followingorder:
rder:
1. Katherine Cenicola (Approver)
2. Jannette S. Goodall (Signer)
3. Allison Tidwell (Form Filler)
*Indicates the information is required and if the information is not provided, the contract will be
returned to the department.
Permanent Contracts
Advanced Funding Agreements
Architect Service
Community Facilities
Completion Agreement
Construction Agreement
Credit Agreement/ Impact Fees
Crossing Agreement
Design Procurement
Development Agreement
Drainage Improvements
Economic Development
Engineering Services
Escrow Agreement
Interlocal Agreements
Lake Worth Sale
Maintenance Agreement/Storm Water
Parks/Improvement
Parks/Other Amenities
Parks/Play Equipment
Project Development
Property/Purchase (Property owned by the City)
Property/Sales (Property owned by the City)
Property/Transfers (Property owned by the City)
Public Art
Sanitary Sewer Main Replacements
Sanitary Sewer Rehabilitations
Settlements (Employees Only)
Streets/Maintenance
Streets/Redevelopment
Streets/Repairs
Streets/Traffic Signals
Structural Demolition (City owned properties)
Utility Relocation
Water Reclamation Facility
Water/Emergency Repair
Water/Interceptor
Water/Main Repairs
Water/Main Replacement
Water/Sanitary Sewer Rehabilitation
Water/Sewer Service
Water/Storage Tank