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HomeMy WebLinkAbout064971 - General - Contract - Santos Chazarreta dba MJJ ConstructionCity Secretary Contract No. 64971 FORT WORTH. ua� VENDOR SERVICES AGREEMENT This VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH ("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. Private lot mowing ("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 16, 2026 ("Effective Date") and expires on July 15, 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 FIFTY THOUSAND Dollars ($50,000.00). 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 21 FT. WORTH, TX City Secretary Contract No. 64971 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 subj ect 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 Vendor Services Agreement Page 2 of 21 City Secretary Contract No. 64971 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, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPER TYDAMAGE OR LOSS (INCL UDING 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 EVENIF 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 COND UCT, VIOLATION OF STATUTE OR COMMON LA W, 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. Vendor Services Agreement Page 3 of 21 City Secretary Contract No. 64971 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: Vendor Services Agreement Page 4 of 21 City Secretary Contract No. 64971 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. Vendor Services Agreement Page 5 of 21 City Secretary Contract No. 64971 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. Vendor Services Agreement Page 6 of 21 City Secretary Contract No. 64971 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 Maieure, 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 Parry 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 parry. 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 Vendor Services Agreement Page 7 of 21 City Secretary Contract No. 64971 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. Si2nature 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. Chan2e 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. Vendor Services Agreement Page 8 of 21 City Secretary Contract No. 64971 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) Vendor Services Agreement Page 9 of 21 City Secretary Contract No. 64971 ACCEPTED AND AGREED: CITY OF FORT WORTH: By: �G %�/ t; K ''0YW c4 Name: CBu8h*gbdOff, 2 10:02:43 T) Title: Assistant City Manager Date: 04/02/2026 APPROVAL RECOMMENDED: 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 Kt chens Title: Code Compliance Superintendent APPROVED AS TO FORM AND LEGALITY: Name: sbTmuaan&kdPF 2, 2026 0 . :43 CDT) ,, ,, Title: Deputy Code Compliance Director By: Awcrn/a "�J/gha%�%�w( Name: AAMRMAfid1WWdd 2026 08:31:18 CDT) ATTEST: Title: Assistant City Attorney off Foni!ie° pie A°;°� CONTRACT AUTHORIZATION: ouQes$ M&C: N/A ° pIIIl By: Name: Unnette Goodall Title: City Secretary VENDOR: SANTOS CHAZARRETA, d/b/a MJJ CONSTRUCTION By: Rist n chaza ffezta Name: TrvimamGhaXanVth 2026 16:50:02 CDT) Title: General Foreman OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vendor Services Agreement Page 10 of 21 City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES 1) SCOPE Contractor shall provide all necessary labor, material, and equipment to provide mowing services of privately owned properties for the City of Fort Worth (City), Code Compliance Department. Contractor is required to meet all specifications listed herein as minimum requirements, and is required to submit a firm, fixed cost for all services deliverable under the terms of this Agreement and Exhibit. 2) EQUIPMENT A. Contractor shall have available all equipment and material upon arrival at job site or prove that Contractor has access to all equipment necessary to perform all work outlined in this Agreement. Failure to do so is cause for rejection of a bid and/or breach of contract. B. Contractor shall provide a list of machinery and equipment that they propose to use in the execution of the Agreement. See Attachment 1, Vendor Qualification Questionnaire. This list will be used to determine whether or not the bidder can adequately perform the required work. All equipment the bidder anticipates committing to this contract should be included in the listing. C. Contractor should have adequate back-up equipment or plan to allow for breakdowns. D. Insufficient and/or inadequate equipment as determined by the City is cause for rejection of a bid. The City reserves the right to thoroughly inspect and investigate the establishment, facilities, business reputation, and other qualification of any bidder and reject any bid, irrespective of price, if it shall be determined, lacking in any of the essentials necessary to assure acceptable standards of performance. E. All equipment shall be in good repair at all times and be operated by a responsible employee of the vendor. 3) CONTRACTOR REQUIREMENTS A. Contractor must be in good standing with the City of Fort Worth. Contractor will have no outstanding tickets, warrants or other legal obligation prior to work assignments. B. Provide list of equipment and maintain listed equipment throughout contract year. Contractor is subject to inspection by department staff at time of renewal. 4) DEFINITIONS A. ADEQUATE WORK FORCE: Sufficient equipment, supplies, and personnel to deploy at least three (3) work crews to three (3) different work sites at the same time. B. ALLEY/ALLEYWAYS: A narrow passageway, lane or right-of-way (ROW), especially one running between or behind buildings. C. CODE COMPLIANCE DEPARTMENT OFFICIAL: The Director of the City of Fort Worth Code Compliance Department or designee. D. CULTIVATE: To loosen or break the soil around growing plants, or to foster the growth of a plant. E. EASEMENTS: A right-of-way through a property that may be owned by another or the Vendor Services Agreement Page 11 of 21 City Secretary Contract No. City. F. 48 INCH WEEDS: A parcel of land on which at least 75% of the high grass and weeds are 48 inches or greater. G. GROUNDS MAINTENANCE PROJECT: The area identified and defined in a Code Compliance work order that describes the work to be completed as described in this Agreement. H. IMMEDIATE MOW: A request for mowing services to be performed within 24 hours of notification. L IMPROVED PROPERTY: Property that contains a residence, building, or other structure used for human habitation, or storage of equipment or materials J. MEASURING IMPLEMENT: A measuring device approved by the Contract Administrator, used in photographic evidence, to clearly distinguish the height of the grass/weeds on the parcel(s) to be mowed. See Image A. i. All measuring devices shall be inspected and approved by the contract administrator or the department's designee within fifteen (15) working days after awarding of the Agreement. Any replacement device shall be approved prior to the device being used/ K. LINEAR FOOT: An area one foot (12") in length by three feet (36") in width. L. PARCEL OF LAND: Lots, tracts, or acres of land that are titled under ownership as provided by the Tarrant Appraisal District (TAD) and Tarrant County ownership records. M. PARKWAYS: The area of public right-of-way located between the curb or edge of pavement and the property line. N. PRICE DETERMINATION: Work orders will be based on individual TAD account numbers and work completed will be priced as stated in the Mowing Bid Sheet. The square footage for the right of ways, parkways, and easements will not be added into the square footage for the parcel of land. O. PROPERTY IDENTIFICATION SIGN: A sign attached to the measuring device that provides information includes the date the property is mowed, TAD number and violation number. See Image A. P. RIGHT-OF-WAY (ROW): A narrow length of land, street, roadway, alley, sidewalk, or other property that provides a lawful route that may be used by the public. Q. TRASH & LITTER: Any debris within the grounds maintenance project area including, but not limited to, paper, plastic, cans, bottles, cardboard, rags, limbs and branches four (4) inches or smaller in diameter. R. UNCULTIVATED: Plants, flowers, vegetables, or weeds growing without any external efforts. S. W RRANT MOWS: Warrants mows must be scheduled with the Warrant Officer and must be completed within 72 hours of the Courts issuance date. Warrant Officer must be on- site prior to mowing. T. W RK ORDER/MOVVING TICKET: A Notification of Assignment by which the Code Compliance Department assigns work to be performed at specific properties having a valid TAD account number. A work order is considered complete when the property is abated, and the Code Compliance Department has received all required documentation. Vendor Services Agreement Page 12 of 21 City Secretary Contract No. U. WORKING DAY: Monday through Friday, from 8:00 AM to 5:00 PM, excluding holidays. 5) INVOICING REQUIREMENTS A. All invoices should be submitted directly to the requesting department. It is the responsibility of the Contractor to get the name of the responsible person, telephone numbers and address of the department's division at the time the service is requested. The requesting department is required to issue a purchase order number to the Contractor during this process. B. Department determines that the work was accomplished in accordance with the terms and specifications of the Agreement. C. An invoice is considered payable when a Code Compliance officer has completed a visual inspection and determined that the work was accomplished. The City will make payments within 30 days from the date of acceptance of work. D. A properly prepared invoice shall be typewritten or computer printed and shall include: i. Contractor name, federal tax identification number, address, phone number, invoice number, invoice date, quantities, unit price, and extended cost. ii. City issued Purchase Order number. iii. Violation, Tarrant Appraisal District (TAD) number iv. Date the parcel of land was mowed. v. Address and size of the parcel of land mowed. vi. Bid price for mowing the parcel of land and the total payment due. vii. Unpaid invoices and/or appeals for work performed must be resolved within 14 days of the invoice date. No previous year invoices will be paid after October 15th. viii. All invoices must be submitted within 15 days of approval from Code Compliance officer. ix. Incomplete or inaccurate invoices may result in delayed payments, as they shall be returned to the Vendor for correction and re -submittal. The Contractor shall submit corrected/revised invoices within seven (7) calendar days of notification from the City. E. In the event the City overpays or erroneously pays an invoice, the City reserves the right to seek reimbursement for those payments. The City may withhold future payments in the amount in question to compensate for overpays or erroneous payments provided: i. The Contractor will be notified in writing within twenty (20) working days of the invoice's approval date of the alleged overpay or erroneous payment and the work order number, the amount being withheld, and an explanation. ii. The Contractor has the right to appeal the forfeiture. The appeal must be received within fifteen (15) working days upon the date of the Department's notification. iii. The City will reimburse all outstanding payments withheld if the Contractor's appeal is determined to be valid. iv. It is the responsibility of the Contractor to institute an accounting system to ensure invoices are not submitted for payment more than one (1) time. 6) PERFORMANCE REQUIREMENTS Vendor Services Agreement Page 13 of 21 City Secretary Contract No. A. NOTIFICATION TO CONTRACTOR OF ASSIGNMENT i. The Code Compliance Department has the sole discretion to determine the assignment of work orders. ii. Contractor shall receive notification of their assignments to mow specific parcels of land. The Contractor will be required to have high-speed access to the Internet in order to receive and send work orders with attached photographs. Minimum specifications required are: 1. Digital cameras capable of at least 1 mega -pixel with image resolution of 1280 x 1224 that adds date stamp on face of picture. 2. High capacity color printer capable of 200 imprints with map image per day. 3. WIRELESS READY- ability to accept work orders and send completed work orders from a mobile wireless device, laptop, or other similar equipment. iii. Work orders will be provided to Contractor(s) electronically via the Internet, and Code Compliance will receive the completed work orders, with all required documentation, in the same manner. iv. Contractors will be responsible for ensuring and maintaining compatibility with the Departments system. v. Code Compliance reserves the right to accept or deny completed work orders that are submitted by any other means. B. PERIOD OF PERFORMANCE i. The Contractor shall mow all assigned parcels of land within five (5) working days of receipt of a work order. I The Contractor shall submit completed work orders with all required documentation to the Code Compliance Department within three (3) work days of abatement. Abatement is considered the date required on the property identification sign. ill. The Contractor shall provide an action plan to catch up on delinquent work orders i£ 1. The number of delinquent work orders exceeds 15% of the total number of work orders assigned. 2. Work orders are over five (5) days late. iv. The Contractor shall respond to all correspondence (letters, email, text, etc.) within 24 hours. v. The Contractor shall resolve all rejected work orders within three (3) working days. vi. Work orders that are not completed within the specified timeframe will be considered in default. vii. Code Compliance Department may take into account unforeseen circumstances, such as weather, etc. to determine if a work order is in default and may extend the default time frame at the Department's discretion. viii. In the event of default by the Contractor, the City reserves the right to procure the Vendor Services Agreement Page 14 of 21 City Secretary Contract No. services from other sources and hold the defaulting Contractor responsible for any excess costs. C. INSPECTION REQUIREMENTS i. Contractor shall inspect each parcel of land prior to its mowing to identify any special issues (vectors, animals, locked fences and warrant requirement, etc.). ii. If accessibility to the work to be performed is hindered, Contractor shall immediately report these conditions to the Code Compliance Official prior to commencement of work. iii. If a warrant is required on any portion of the property, no portion of the property will be mowed until the warrant is obtained. iv. If vector nesting is encountered, the Contractor may take necessary steps to exterminate the hazard with the approval of a Code Compliance Official. Contractor shall submit invoices relative to such extermination to Code Compliance with the appropriate mowing work order. v. If a parcel of land cannot be mowed for any reason, the Contractor shall submit the work order to Code Compliance within five (5) working days with a statement providing justification for not completing the work order. vi. Code Compliance has the sole discretion to determine whether a work order should have been closed without completion. D. PHOTOGRAPHIC EVIDENCE i. The Contractor shall: 1. Take photographs of each parcel of land prior to commencement of work; and immediately after completion of the work from the same location as the before picture. 2. Use a measuring device as described in section 4(J). 3. Position the measuring device in the photo to accurately show the overall height of the grass/weeds on the entire property. 4. Use the same measuring device in the before and after photos. The measuring device shall be placed in the grass/weeds to be cut. The device shall remain in place for the duration of the mow to provide consistent before and after documentation. ii. Photographs Shall: 1. Be in color from a digital camera as described in section 6(A). 2. Include the same landmarks in both the before and after pictures with the same angle and scale. 3. Provide a panoramic view of the property to be mowed. 4. Show the measuring device in each before and after photograph. The before picture will be taken prior to commencement of work that accurately depicts the average overall height of the grass/weeds on the property. 5. Legibly show the identification sign on the measuring device with the information as described in 4(J) See Definitions. 6. Additional photographs shall be taken when the property is over two (2) Vendor Services Agreement Page 15 of 21 City Secretary Contract No. acres. The before and after photographs shall reflect all portions of the property mowed. E. MOWING OPERATION i. The Contractor does not need to wait to mow if there are personnel on the premises. Contractors should call Code Compliance officers to have Police Officers to remove any persons. ii. The City will provide work orders in measurements of square feet. iii. The City shall have all large objects such as furniture removed before ordering mowing service. If there are objects remaining, Contractors should call Code Compliance Officers to rid the land of any large objects. iv. Contractor shall cut assigned properties upon which weeds, grass and uncultivated growth exceed height of twelve (12) inches by using any appropriate means. 1. On completion of mowing, grass, weeds and uncultivated growth shall be cut to a height no more than four (4) inches and not less than 1 % inches. Contractor shall ensure that the property is actually mowed and the vegetation not just pushed over or flattened down. 2. If an assigned work order is a property that is over two (2) acres, the only portion of the property to be cut is that section that is one hundred (100) feet back from the property line or any open public street (inclusive of any public right of way) and one hundred (100) feet back from any improved adjoining property. v. Contractor shall not discharge grass, weeds or debris onto streets, sidewalks, and/or right of ways. Cut grass and debris that falls or is thrown by equipment upon the pavement. streets, Curb and gutters, sidewalks, or adjacent properties through the action of the work crew shall be removed prior to leaving the project area. 1. Contractor shall arrange to keep sidewalks and roads open for traffic whenever possible. Warning signs and barricades shall be furnished and erected by the Contractor whenever warranted. vi. Contractor shall mow or trim, at no additional charge to the City, all: 1. Right of ways (ROW), easements, and parkways adjoined to the parcel of land. 2. Around buildings, trees having a diameter greater than two (2) inches, fences, and obstacles in the right of way (fire hydrants, signs, etc.). 3. Ditches, dirt mounds, and around vehicles and other obstacles. vii. When mowing a parcel of land identified by the City as being greater than forty- eight (48) inches in height, Contractor shall remove grass clippings and clean the parcel of land after mowing is completed at no additional cost to the City. Removal of cut grass from the properties with vegetation less than 48- inches will not be required, unless otherwise specified by the Code Compliance Department. viii. The Contractor shall remove all trash and litter as defined in section 4(q), prior to Vendor Services Agreement Page 16 of 21 City Secretary Contract No. mowing. Trash and litter will be disposed in an approved and lawful manner. The cost of the disposal will be included in the mowing cost of each parcel, not as a separate charge. ix. Work orders deemed "an immediate mow" will be paid at the base price for the parcel plus 20% to compensate for the immediate time requirement. The Director, Superintendent, or Supervisor of the Code Compliance Department may authorize immediate mowing of properties. x. Vacant properties that have been identified as having a history of multiple mows may have a work order automatically generated. It is the responsibility of the Contractor to ensure that weeds, grass and uncultivated growth that exceed a height of twelve (12) inches and meet all terms and specifications of this Agreement. xi. Railroad property, utility easements and property in the trusteeship of the City will not be mowed unless approved by a Code Compliance Official. A cost estimate must be submitted and approved prior to mowing. F. REJECTION OF CONTRACTOR'S WORK i. The City will evaluate completed work utilizing both photographic and visual measures. The Code Compliance Official reserves the right to judge and interpret the quality of the photographs submitted. ii. Work will be rejected and payment denied for work performed that is not in accordance with, but not limited to: 1. Missing or inadequate photographic evidence. 2. Missing or incomplete work orders. 3. Mowing of incorrect parcels. 4. Mowing of only the right-of-way, easements, parkways, or alleyways without written approval from a Code Compliance Official. 5. Incomplete or inadequate mowing of assigned workorders. iii. Contractor's Appeal of Rejected Work Orders 1. Contractor may appeal any rejected work to a Code Compliance Official. a. It is the Contractor's responsibility to submit any documentation necessary in support of the appeal. All final decisions and agreements will be in writing and provided to the Contractor. Rejected work may be redone and new photographic evidence taken and submitted for evaluation at no additional expense to the City. G. POINT OF CONTACT i. Contractor shall designate at least one (1) person as Point of Contact with office phone or cell phone number for accessibility. ii. Contractor's Point of Contact shall respond to calls or voicemails within one (1) hour during normal business hours. iii. The person designated for this purpose shall be identified in the bid submittals. iv. Notification of any changes in contact numbers or personnel shall be in writing and emailed to the Code Compliance Contract Administrator. Vendor Services Agreement Page 17 of 21 City Secretary Contract No. i. Contractor shall secure all permits and licenses imposed by laws and ordinance, pay all charges and fees, and give all notices necessary and incidental to the due and lawful protection of the work regarding the obstruction of streets and driveways, maintaining signals and open passageways, and protecting the same where exposed. ii. Contractor shall report any damage done to property owned by the City of Fort Worth or damage to private personal property to the Code Compliance Department Administrator via by phone or email within (2) hours after occurrence. iii. Contractor shall be responsible for providing, maintaining and transporting all necessary laborers, equipment, and fuel for its use in connection with the program of mowing described herein. iv. Contractor shall train sub -contractors or employees to use the safest methods and equipment available in transporting, mowing, cutting and cleaning operations. v. All of the Contractor's equipment will be maintained in safe operating condition. vi. Contractor shall take precautions at all times for protection of person and property. Safety provision of all applicable laws and ordinances shall be strictly observed. I. NON -PERFORMING CONTRACTOR(S) i. Contractor acknowledges that an Incident Report Form will be used to document issues of non-performance related to this Agreement. Repeated issues of performance of the same type (failure to turn in mowing tickets, refusal of work, etc.) will result in: 1. First Occurrence: When a Contractor fails to perform according to the Agreement and/or specification, the Code Compliance Department Director or designee, will document in writing the issues to the Contractor and arrange a meeting to discuss the problem(s). The resolution, as agreed upon by the Code Compliance Department and the Contractor, shall be documented in writing and signed by both parties. A copy of the resolution will be forwarded to the Purchasing Division. 2. Second Occurrence: If Contractor's performance remains unsatisfactory, the Code Compliance Department will notify the Purchasing Division. The Purchasing Division will arrange a meeting to discuss the problem(s) with the Code Compliance Department, the Contractor, and Purchasing Division's designee. The Purchasing Division's designee will attempt to resolve the problem(s) at the Purchasing Division level. The Purchasing Division Designee, as agreed upon by the Code Compliance Department, the Contractor, and the Purchasing Division, will document the resolution in writing. The "Cure Notice" letter will be mailed certified to the Contractor. Once the Contractor has received the certified letter, it will be the Contractor's responsibility to sign the "Cure Notice" letter and return it to the Purchasing Division in a timely manner. Once Purchasing Vendor Services Agreement Page 18 of 21 City Secretary Contract No. Division receives the signed "Cure Notice", copies will be forwarded to the Code Compliance Department. Once the Code Compliance Department receives the copies of the "Cure Notice" from Purchasing Division the department will begin issuing work orders to the Contractor(s). Third Occurrence: If Contractor's performance remains unsatisfactory, the Purchasing Manager and the Code Compliance Department Director will make a joint determination to cancel the Agreement per terms and conditions of the contract. Purchasing will proceed to obtain a substitute Contractor in accordance with the Purchasing policy. Vendor Services Agreement Page 19 of 21 City Secretary Contract No. IMAGE A PROPERTY IDENTIFICATION SIGN Property Identification Sign Dia x 6' lit Vendor Services Agreement Page 20 of 21 City Secretary Contract No. EXHIBIT B PAYMENT SCHEDULE Prices for each property shall be calculated in the numbers set forth below: Work Orders less than 8,500 sq. Work Orders greater than 8,500 Work Orders greater than or ft., specifications attached sq. ft. & less than one acre, equal to one acre, rate per acre, specifications attached specifications attached $75 $80 $72 Vendor Services Agreement Page 21 of 21 FORT WORTH. City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Santos Chazarreta, d/b/a MJJ Construction Subject of the Agreement: contracts go into effect. Bridge agreement for private lot mowing services until bid is awarded and new 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: 04/16/2026 If different from the approval date. Expiration Date 07/15/2026 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 following order: 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.