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HomeMy WebLinkAbout065543 - General - Contract - Santos MJJ Construction, dba MJJ ConstructionCity Secretary Contract No. 65543 FORT WORTH. VENDOR SERVICES AGREEMENT This NON-EXCLUSIVE 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 MJJ CONSTRUCTION LLC, DBA MJJ CONSTRUCTION ("Vendor"), each individually referred to as a "party" and collectively referred to as the "parties." AGREEMENT DOCUMENTS: OFFICIAL RECORD The Agreement documents shall include the following: CITY SECRETARY 1. This Non -Exclusive Vendor Services Agreement; 2. Exhibit A — Scope of Services; and FT. WORTH, TX 3. Exhibit B — Payment Schedule Exhibits A and B, which are attached hereto and incorporated herein, are made a part of this Agreement for all purposes. In the event of any conflict between the terms and conditions of Exhibits A and B and the terms and conditions set forth in the body of this Agreement, the terms and conditions of this Agreement shall control. 1. Scope of Services. Vendor shall provide boarding and securing services for structures identified by the Code Compliance Department ("Services"), as set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins when signed by the Assistant City Manager ("Effective Date") and expires one year from that date ("Expiration Date"), unless terminated earlier in accordance with this Agreement ("Initial Term"). City will have the option, in its sole discretion, to renew this Agreement under the same terms and conditions, for up to four (4) one-year renewal option(s) (each a "Renewal Term"). 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. The Vendor acknowledges that this is a non-exclusive agreement and there is no guarantee of any specific amount of purchase. Further, Vendor recognizes that the amount stated above is the total amount of funds available, collectively, for any Vendor that enters into an agreement with the City under the relevant M&C and that once the full amount has been exhausted, whether individually or collectively, funds have therefore been exhausted under this Agreement as well. Vendor further understands that the aggregate amount of all contracts entered into for services will not exceed Two Hundred Thousand Dollars ($200,000.00). 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. Vendor Services Agreement Page 1 of 18 City Secretary Contract No. 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. 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. Right to Audit. Vendor agrees that City will, until the expiration of three (3) years after Vcndor Services Agreement Page 2 of l8 City Secretary Contract No. 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 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 (INCLUDINGALLEGED 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. 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 Vcndor Services Agreement Pagc 3 of 18 City Secretary Contract No. 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. 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: Vcndor Services Agreement Pagc 4 of 18 City Secretary Contract No. 10.2 $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: 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. Vcndor Services Agreement Page 5 of 18 City Secretary Contract No. (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. 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 MJJ Construction LLC, dba MJJ Construction Tristan Chazarreta, General Foreman 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 Vcndor Services Agreement Page 6 of 18 City Secretary Contract No. 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. 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. Vcndor Services Agreement Page 7 of l8 City Secretary Contract No. 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 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 Vcndor Services Agreement Page 8 of l8 City Secretary Contract No. 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. 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) Vcndor Services Agreement Page 9 of 18 City Secretary Contract No. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: Data Lwao�f Name: NR'tfi&ff0 026 07:2 :1 MDT) Title: Assistant City Manager Date: 07/20/2026 APPROVAL RECOMMENDED: Name: Shaunmrf-IdIdoiul 13, 202 1:30:26 CDT) Title: Deputy Code Compliance Director ATTEST: ; ° f.....* ao dd�e o9.+°0 Pv= a=d ppa*oa oo*tld QdQIl nEX�so4q By: Name: JWmette Goodall Title: City Secretary VENDOR: Santos MJJ Construction LLC, dba MJJ Construction By: Name: ffgffiTfifful 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 Kit hens Title: Superintendent APPROVED AS TO FORM AND LEGALITY: By: Name: Am a 'MUKmmad Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 26-0478 Form 1295: 2026-1453704 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vcndor Services Agreement Page 10 of 18 City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES 1.0 SCOPE OF SERVICES The Vendor shall provide boarding and securing services for structures identified by the Code Compliance Department through issuance of a Board -Up Work Order. Services include inspection of authorized openings, securing of windows, doors, and other identified openings, documentation of completed work, and related activities necessary to meet the standards set forth in these specifications. Services will be performed on an as -needed basis and will be authorized through individual Board - Up Work Orders issued by the Code Compliance Department. The City does not guarantee a minimum number of Work Orders, minimum volume of services, or minimum amount of compensation. 2.0 DEFINITIONS 2.1 BOARDING AND SECURING: the use of physical measures to close, reinforce, or control access to building openings for the purpose of preventing unauthorized entry, mitigating safety risks, and protecting property. 2.2 CLASS 1 WORK ORDER: securing only the opening(s) identified on the Work Order using section 4.0 Boarding and Securing Standards. 2.3 CLASS 2 WORK ORDER: used to secure all encasements and other openings due to a repeated property breach. Secure all openings (breached and secured) using section 4.0 Boarding and Securing Standards. 2.4 CLASS 3 WORK ORDER: 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 4.10 or other methods deemed appropriate for the situation. 2.5 EMERGENCY BOARDING: a work order for services to be performed within 24 hours of notification. 2.6 EXIT DOORS: a door that is facing a public right-of-way or visible from public view. 2.7 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. 2.8 OTHER OPENINGS: wall breaches not considered a window, door, or garage door, but limited to less than 32 square feet. 2.9 OVER -SIZED OPENINGS: an opening greater than 32 square feet and not considered a window, door, or garage door encasement. 2.10 RESIDENTIAL STRUCTURES: structures which are built or constructed, and further Vendor Services Agreement Page 11 of 18 City Secretary Contract No. identified as a dwelling, an apartment building or an accessory building on a lot. 2.11 TOTAL COST: total amount of material, labor, framing, and hardware used for the securing operation of the structure. 2.12 TYPE 1 FASTENERS: wood framing screws with Torque heads shall be used for wood framing only. 2.13 TYPE 2 FASTENERS: self -tapping metal screws with Torque heads shall be used for metal framing only. 2.13.1 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.) 2.14 WEATHER PROOFING: the act of coating 3/4" CDX plywood used in the securing process, with weather resistant, light tan color paint. 2.15 WORK ORDER: all work to be performed will be assigned using the Code Compliance "BOARD -UP WORK ORDER". 2.16 6" ON CENTER: See Section 4.7 below as well as IMAGE B of Attachments. 3.0 BOARDING AND SECURING STANDARDS The following boarding and securing standards are required for all services performed. 3.1 The Vendor must inspect each location prior to securing the structure to determine the number of openings to be secured match the Work Order. 3.2 The Vendor must use 3/4" 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, Code Compliance may require intermittent 3" lag screw with %2" washers. 3.3 The Vendor must weatherproof each piece of plywood prior to installing on structure. Also, any opening that has been previously secured shall be weatherproofed as needed. 3.4 The Vendor must secure all identified ground floor openings unless additional openings are added by the Code Compliance representative that issued the Work Order. 3.5 Except for the last exit door, the Vendor 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. 3.6 For windows and doors, except for the last exit door, 2"x4" backup boards or braces will be installed and secured with carriage bolts. 3.7 The plywood will be secured along the edges with 3" fasteners spaced six (6) inches apart, as outlined in the illustrations in IMAGE A and IMAGE B of Attachments. 3.8 The last exit door will be secured using three (3), 3" fasteners spaced six (6) inches apart. 3.9 When securing a garage door opening, the Vendor shall construct a framed barrier covering City Secretary Contract No. the entire opening. The full perimeter shall be framed with 2"x4" lumber anchored to the existing structural framing, including header, studs, and slab or sill as applicable. Vertical 2"x4" studs shall be installed no more than sixteen (16) inches on center. The opening shall be fully covered with 3/4" CDX plywood, weatherproofed in accordance with Section 4.3 prior to installation, and secured to the framing using 3" torque head fasteners spaced six (6) inches on center along all edges and twelve (12) inches on center in the field. The existing garage door shall not be relied upon as the primary means of securing unless otherwise directed by the issuing Code Compliance representative. 3.10 Class 3 Work Order door and window 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 opening shall be covered with 14-gauge steel and secured with 2" welds every 6". A Class 3 Work Order may or may not include multiple levels of the structure. 3.11 There will be some Work Orders requesting securing by 6' chain link fencing instead of boarding. Chain link fencing may either secure the perimeter of the property or be attached to the structure itself. The method will be determined by the issuing Code Compliance representative and noted on the Work Order. 3.12 There will be some Work Orders requesting securing a structure using '/4" clear polycarbonate (Lexan) secured with three (3), 2 ''/z" 14-gauge steel tubing horizontal braces and anchored with galvanized carriage bolts long enough to properly secure the horizontal brace to the clear polycarbonate (Lexan). The method will be determined by the issuing Code Compliance representative and noted on the Work Order. 4.0 WORK ORDER PROCESS, DOCUMENTATION, AND COMMUNICATION 4.1 Work Order Process 4.1.1 The Vendor must acknowledge and accept the Work Order within two (2) business days of notification by phone or email. 4.1.2 The Vendor shall secure all structures indicated on the Work Order within five (5) business days after notification of the Work Order being issued. 4.1.3 The Vendor shall secure all structures determined to be an Emergency Board -Up within twenty-four (24) hours when determined by the Code Compliance Department. 4.1.4 Location of openings to be secured will be identified using directional references (North, South, East, or West). 4.1.5 The Vendor shall update the Work Order form with the number of opening(s) secured and submit the completed form with the invoice. 4.1.6 The Vendor shall notify the Code Compliance representative via phone or email, the same day or next business day, upon completion of work. 4.1.7 Within three (3) business days of completing the work, the Vendor must electronically submit the updated Board -Up Work Order, photographs, and an itemized invoice. The completed Work Order, required photographs, and itemized City Secretary Contract No. invoice must be submitted together as one complete electronic submission for payment processing. Invoicing submission details will be coordinated with the awarded Vendor. 4.1.8 If vector nesting (bees, wasps, hornets) is encountered, the Vendor may address the hazard only after verification and cost approval by the Code Compliance Supervisor. The invoice relating to such extermination shall be submitted with the corresponding Work Order. 4.1.9 The Vendor must report any damage done to property owned by the City or damage to private personal property to the Code Compliance Department within two (2) hours after occurrence. 4.2 Photographic Evidence 4.2.1 The Vendor must provide photos that allow the Code Compliance Department to see the condition of each opening before work starts and confirm that the work was completed as authorized on the Work Order. Each photo must include a visible date and time stamp. 4.2.2 Photos must be taken before work begins and after the work is complete for each opening secured. Before and after photos should be taken from the same or similar angle to easily compare conditions. 4.2.3 Photos must be clear and easy to see. Images should be in focus, well lit, and free from blur, glare, or obstructions that would make it hard to verify the work performed. 4.3 Review, Rejection, and Appeal 4.3.1 The City will evaluate completed work utilizing both photographic and visual assessments. 4.3.2 Work will be rejected and payment denied for work performed that is not in accordance with the specifications, including, but not limited to: 4.3.2.1 Missing or inadequate photographic evidence. 4.3.2.2 Missing or incomplete Work Orders. 4.3.2.3 Incomplete or inadequate securing methods of assigned Work Orders. 4.3.2.4 Work performed beyond the scope of the Work Order without approval. 4.3.3 Vendor may appeal any rejected work to a Code Compliance Supervisor within three (3) business days of notification. 4.3.4 It is the Vendor's responsibility to submit documentation necessary in support of the appeal. All decisions by the Code Compliance Supervisor are final and will be provided in writing. 4.4 Communication Requirements 4.4.1 Vendor(s) will be required to designate at least one (1) person as Point of Contact City Secretary Contract No. with office phone or cell phone number and email for accessibility. 4.4.2 The Point of Contact will be required to respond to calls, emails, and return voicemails within one (1) hour during normal business hours. 4.4.3 Any change to the Point of Contact, such as phone number or personnel, must be communicated throughout the term of the resulting contract. 5.0 VENDOR RESPONSIBILITIES 5.1 The Vendor will be responsible for providing, maintaining, and transporting all necessary laborers, equipment, and fuel in connection with the services described herein. 5.2 The Vendor 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 a safe operating condition. 5.4 The Vendor shall always take all precautions 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 Vendor must contact the Code Compliance phone number listed on the Work Order immediately. City Secretary Contract No. r N 00 s w Q City Secretary Contract No. 9 O O A tx V w rn O w A O x w i w w tJ W P- cr 0 V b CL -c3 N a A City Secretary Contract No. EXHIBIT B PAYMENT SCHEDULE Primary Responses Success: All data is valid! Numeric QuantityUoM r,Required RFP 26-0120; Boarding and Securing Services Success: All values provided Bid #1-1 Boarding and Securing a Window Opening Each opening 100 $150.00 $15.000.00 Success: All values provided Bid ;:1--- Boarding and Securing a Door Opening Each opening 100 $160.00 $16.000.00 Success: All values provided Bid #1-3 Boarding and securing a Garage Door Opening Each opening 100 $315.00 $31,500.00 Boarding and Securing Other Openings (not Success: All values provided Bid #1-4 considered a window, door, or garage door) Less Exn open ro a S 115.00 $ 11,500-00 Than 32 square feet I Boarding and Securing Over Sized Openings (not Success: All values provided Bid 91-° considered a window. door, or garage door) More E-icn open ra = $ 135.00 $ 13,500.00 Than 32 square feet I Success: All values provided Bid #1-6 Securing a Door Opening using steel plating t EachopeninggT 100 $365.00 S 36.500.00 framed with 3" angle iron Success: All values provided Bid #1-- Securing a Window Opening using steel plating Each opening 100 1$325.00 $32.500 00 framed with 3" angle iron Success: All values provided Bid #1-'- Securing a structure using 6' chain link fencing Linear Foot 100 $15.00 $1,500.00 Success: An values provided Bid #t-- Securing a window or door using ' " clear Each ope 100 5335.00 $33,500-00 polycarbonate (Lexaopening $191,500.00 EVW S 191,500.00 Vendor Services Agreement Page 18 of 18 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Santos MJJ Construction LLC 2026-1453704 Crowley, TX United States Date Filed: 04/27/2026 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Fort Worth Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 26-0120 Boarding and securing of properties 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Chazarreta, Tristan Crowley, TX United States X 5 Check only if there is NO Interested Party. FJ 6 UNSWORN DECLARATION My name isJ� I STC— 0 ?_C."C Q-tc, and my date of birth is My address is �S e 1C-�Y<c�y�G.Y►J,,} ' (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in To-Cr c,yk --County,�y P1l State of _ on thee� day of et , 20. (month) (year) Sig ature of authorized agent of contracting business entity (Declarant) ,.I —.vvvvvv.aunca bLCRUAX.us Version V4.1.0.b6ef2aab City of Fort Worth, Mayor and DATE: 06/09/26 Texas Council Communication M&C FILE NUMBER: 26-0478 LOG NAME: 13PP RFP 26-0120 BOARDING AND SECURING SERVICES CODE DM SUBJECT (ALL) Authorize Execution of Non -Exclusive Agreements with Multiple Vendors for Boarding and Securing Services for an Amount Up to $200,000.00 for the Initial One -Year Term and Authorize Four One -Year Renewal Options for the Same Annual Amount for the Code Compliance Department RECOMMENDATION: It is recommended that the City Council authorize execution of non-exclusive agreements with multiple vendors for boarding and securing services for an amount up to $200,000.00 for the initial one-year term and authorize four one-year renewal options for the same annual amount for the Code Compliance Department. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize non-exclusive agreements for boarding and securing services for vacant, unsafe, or unlawfully accessible structures throughout the City. Services include emergency and routine board -up work, installation of protective barriers, and related measures necessary to mitigate safety hazards, prevent unauthorized entry, and protect property. Purchasing issued Request for Proposals (RFP) No. 26-0120 that consisted of detailed specifications describing the requirements for boarding and securing services, including response times, standards, and vendor qualifications. The RFP was advertised in the Fort Worth Star -Telegram on February 25, 2026, March 4, 2026, March 11, 2026, and March 18, 2026. The City received seven(7)responses. An evaluation panel consisting of representatives of the Code Compliance and Environmental Services Departments reviewed and scored the submittals using Best Value Criteria. The individual scores were averaged for each of the criteria and the final scores are listed in the table below: Proposer Evaluation Criteria Total Rank A B C D Yeehaw Tractor Guys LLC 25.00 15.50 11.25 8.00 16.15 75.90 1 PC Johnson Construction Services LLC dba Johnson Construction Services 25.00 16.00 11.63 6.50 7.95 67.08 2 Santos MJJ Construction 0.00 16.50 10.88 6.25 30.00 63.63 3 DRC Fort Worth LLC dba SERVPRO of North Fort Worth 0.00 16.00 11.25 7.75 12.21 49.58 4 Lookup Properties Inc 0.00 17.50 12.75 8.00 11.29 49.54 5 RNDI Companies Inc 0.00 17.00 10.13 7.75 12.21 47.09 6 ABH PROS LLP 0.00 15.50 12.00 7.00 2.45 36.95 7 Best Value Criteria: A. Small Business Utilization Goal B. Relevant Experience C. Operational Capacity and Availability D. Service Area Coverage and Responsiveness E. Cost of Services After evaluation, the panel concluded that all responsive and qualified proposers met the City's requirements and were capable of performing the requested services. Due to the ongoing and varied service needs associated with boarding and securing activities throughout the City of Fort Worth, the panel determined that awarding agreements to Yeehaw Tractor Guys LLC, PC Johnson Construction Services LLC dba Johnson Construction Services, Santos MJJ Construction, DRC Fort Worth LLC dba SERVPRO of North Fort Worth, Lookup Properties Inc, RNDI Companies Inc, and ABH PROS LLP is in the best interest of the City. Staff certifies that the recommended vendors' proposals meet specifications. The combined annual amount allowed under the agreements will be up to $200,000.00; however, the actual amount will be based on the needs of the department and available budget. FUNDING: Funding is budgeted in the General Operating & Maintenance category in the General Fund for the Code Compliance Department. AGREEMENT TERMS: Upon City Council approval this agreement shall begin upon execution and expire one year from that date. RENEWAL TERMS: This agreement may be renewed for up to four (4) additional one-year terms. This action does not require specific City Council approval provided that City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. SMALL BUSINESS PROGRAM: In accordance with the City's Small Business Ordinance, the City has established a 30% Small Business goal for this solicitation/contract. Yeehaw Tractor Guys LLC and PC Johnson Construction Services LLC dba Johnson Construction Services have committed to achieving this goal by utilizing certified small businesses for at least 30% of the total contract value, thereby meeting the requirements of the City's Small Business Ordinance. ADMINISTRATIVE CHANGE ORDER: An administrative change order or increase may be made by the City Manager up to the amount allowed by relevant law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. These agreements will serve ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated for the Code Compliance Department, of the General Fund to support the approval of the above recommendation and award of the agreements. Prior to an expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Reginald Zeno 8517 Dana Burghdoff 8018 Originating Business Unit Head: Reginald Zeno 8517 Brian Daugherty 6322 Additional Information Contact: Brandy Hazel 8087 Denise Medrano 8063 FORT WORTH. i City Secretary's Office Contract Routing & Transmittal Slip Contractor's Name: Santos MJJ Construction, dba MJJ Construction Subject of the Agreement: Vendor shall provide boarding & securing services for structures identified by the Code Compliance Department. M&C Approved by the Council? * Yes 0 No ❑ If so, the M&C must be attached to the contract. Is this an Amendment to an Existing contract? Yes ❑ No 0 If so, provide the original contract number and the amendment number. Is the Contract "Permanent"? *Yes ❑ No 0 If unsure, see backpage for permanent contract listing. Is this entire contract Confidential? *Yes ❑ No 0 If only specific information is Confidential, please list what information is Confidential and the page it is located. Effective Date: If different from the approval date. Expiration Date: 5-yrs from the date signed by the ACM If applicable. Is a 1295 Form required? * Yes 0 No ❑ *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 0 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.