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HomeMy WebLinkAbout065613 - General - Contract - Santos MJJ Construction, dba MJJ ConstructionCity Secretary Contract No. 65613 FORT WORTH. VENDOR SERVICES AGREEMENT This NON-EXCLUSIVE VENDOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WO TH ("City"), a Texas home rule municipal corporation, and SANTOS MJJ CONSTRUCTION, 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 private lot mowing for the Code Compliance Department on an as needed basis ("Services"), as set forth in more detail in Exhibit "A," attached hereto and incorporated herein for all purposes. 2. Term. This Agreement begins on the date signed by the Assistant City Manager of the City of Fort Worth ("Effective Date") and expires on November 26, 2027 ("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 Five Hundred Thousand Dollars ($500,000.00). 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 20 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 20 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 20 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 20 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 20 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 dba MJJ Construction Tristan Chazarreta 608 Smith Ave. Crowley, TX 76036 (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 20 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 20 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 20 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 20 City Secretary Contract No. ACCEPTED AND AGREED: CITY OF FORT WORTH: By: 7D4 ., 4 9, A 4 42 O" // Name:D1Jaaar(PVJ1gAW1 202 6:09A8 CYTIrf Title: Assistant City Manager Date: 08/04/2026 APPROVAL RECOMMENDED: By: Shannon Elder Name: S8hrAMbh14�td&g 3, 2026 15:34:21 CDT) Title: Deputy Code Compliance Director ATTEST: y°4n v° aye e 09-i�d Pv= 8=d �.Lji.Q l ii�'GLIi ��nae6go4p By: Name: Jannette Goodall Title: City Secretary VENDOR: Santos MJJ Construction dba MJJ Construction By: Name: Trot ffWffj"3, 2026 15:05:00 CDT) Title: General Foreman CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: Name: Ty K'tchens Title: Superintendent APPROVED AS TO FORM AND LEGALITY: By: ii%uiie 2ffl- a,Ni�.u_ Name: Nicholas McHenry Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 26-0547 Form 1295: 2026-1469808 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Vcndor Services Agreement Page 10 of 20 City Secretary Contract No. EXHIBIT A SCOPE OF SERVICES BACKGROUND The City, through its Code Compliance Department, is responsible for enforcing local ordinances related to property maintenance in order to protect public health, safety, and the overall appearance of the community. As part of these efforts, the City must occasionally address privately owned properties that are not being properly maintained, including properties with excessive vegetation or overgrown grass. When property owners fail to comply with applicable City ordinances after notice has been provided, the City may take corrective action to abate the violation. One such corrective action is the mowing of privately owned properties to bring them into compliance with City standards. Due to the volume and geographic distribution of properties that may require service throughout the City. A. DEFINITIONS i. 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. ii. ALLEY/ALLEYWAYS: A narrow passageway, lane or right-of-way (ROW), especially one running between or behind buildings. iii. CODE COMPLIANCE DEPARTMENT OFFICIAL: The Director of the City of Fort Worth Code Compliance Department or designee. iv. CULTIVATE: To loosen or break the soil around growing plants, or to foster the growth of a plant. V. EASEMENTS: A right-of-way through a property that may be owned by another or the City. vi. 48 INCH WEEDS: A parcel of land on which at least 75% of the high grass and weeds are 48 inches or greater. vii. 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. viii. IMMEDIATE MOW: A request for mowing services to be performed within twenty- four (24) hours of notification. ix. IMPROVED PROPERTY: Property that contains a residence, building, or other structure used for human habitation, or storage of equipment or materials X. MEASURING IMPLEMENT: A measuring device approved by the Contract Administrator, used in photographic evidence, to clearly distinguish the height of the Vendor Services Agreement Page 11 o1'20 City Secretary Contract No. grass/weeds on the parcel(s) to be mowed. See Image A. xi. All measuring devices shall be inspected and approved by the contract administrator or the department's designee within fifteen (15) business days after awarding of the Agreement. Any replacement device shall be approved prior to the device being used. xii. LINEAR FOOT: An area one foot (12") in length by three feet (36") in width. xiii. 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. xiv. PARKWAYS: The area of public right-of-way located between the curb or edge of pavement and the property line. xv. 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. xvi. 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. xvii. 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. xviii. 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. xix. UNCULTIVATED: Plants, flowers, vegetables, or weeds growing without any external efforts. xx. WARRANT 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. xxi. WORK ORDER/MOWING 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. xxii. WORKING DAY: Monday through Friday, from 8:00 AM to 5:00 PM, excluding holidays. B. SCOPE OF SERVICES Vendor Services Agreement Page 12 of 20 City Secretary Contract No. i. Provide all necessary labor, necessary material, and equipment to provide mowing services of privately owned properties for the City Code Compliance Department. ii. Vendor 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. iii. Maintain a full-time, permanent business location and be accessible by telephone and email during normal business hours. iv. Designate minimum one (1) person as point of contact for accessibility. V. Must be in good standing with the City. Due to the sensitive nature of the City sending work crews to privately owned property, the Vendor shall have no outstanding tickets, warrants, or other legal obligations prior to receiving work assignments. vi. Have available all equipment and material upon arrival at job site or prove there is access to all equipment necessary to perform all work outlined in this Agreement. Failure to do so is cause for a breach of contract. vii. Mow all assigned parcels of land within five (5) business days of receipt of a work order. viii. 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. ix. Use a measuring device in the grass/weeds to accurately depict the overall height on the property and include the device in all before and after photographs. The before photograph must be taken prior to the commencement of work and clearly represent the average height of the grass/weeds. The same measuring device must remain in place during the mowing process and be used in both the before and after photographs to ensure consistent documentation. X. Submit completed work orders with all required documentation to the Code Compliance Department within three (3) business days of abatement. Abatement is considered the date required on the property identification sign. xi. Provide an action plan to catch up on delinquent work orders if the number of delinquent work orders exceed 15% of the total number of work orders assigned and/or if work orders are over five (5) business days late. xii. Respond to all correspondence (letters, email, text, etc.) within twenty-four (24) hours. xiii. Resolve all rejected work orders within three (3) business days. Work orders that are not completed within the specified timeframe will be considered in default. Vendor Services Agreement Page 13 of 20 City Secretary Contract No. Unforeseen circumstances, such as weather, may be considered to determine if a work order is in default and extend the default time frame. In the event of default by the Vendor, the City reserves the right to procure the services from other sources and hold the defaulting Vendor responsible for any excess costs. xiv. 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. C. MOWING OPERATION i. The Vendor does not need to wait to mow if there are personnel on the premises. If individuals interfere with the work or create a safety concern, the Vendor shall contact the assigned Code Compliance Officer, who may request assistance from law enforcement to remove persons from the property if necessary. ii. The City will issue work orders identifying parcels to be mowed, and parcel measurements will be provided in square feet. iii. The City will make reasonable efforts to have large objects such as furniture removed prior to issuing a mowing work order. If large objects remain on the property that prevent mowing, the Vendor shall notify the assigned Code Compliance Officer for direction. iv. Grass, weed, and uncultivated growth shall be cut on assigned properties when vegetation exceeds twelve (12) inches in height using appropriate mowing equipment. V. Upon completion of mowing, grass, weeds, and uncultivated growth shall be cut to a height no greater than four (4) inches and no less than one and one-half (1.5) inches. Vegetation must be properly cut and not simply pushed over or flattened. vi. For properties greater than two (2) acres in size, mowing shall be limited to the area extending one hundred (100) feet from the property line adjoining any public street (including public right-of-way) and one hundred (100) feet from any improved adjoining property, unless otherwise directed by the City. vii. The Vendor shall not discharge grass, weeds, or debris onto streets, sidewalks, or public rights -of -way. Any grass clippings or debris deposited on pavement, streets, curbs, gutters, sidewalks, or adjacent properties as a result of mowing activities shall be removed prior to leaving the site. Reasonable efforts should be made to keep sidewalks and roadways open to traffic. When necessary, the Vendor shall furnish and install appropriate warning signs and barricades. viii. The Vendor shall mow or trim, at no additional cost to the City, the following areas associated with each parcel: a. Rights -of -way (ROW), easements, and parkways adjoining the parcel. Vendor Services Agreement Page 14 of 20 City Secretary Contract No. b. Areas around buildings, trees greater than two (2) inches in diameter, fences, and other obstacles within the right-of-way such as fire hydrants and signage. C. Ditches, dirt mounds, and areas surrounding vehicles or other obstacles. ix. When mowing properties identified by the City with vegetation exceeding forty-eight (48) inches in height, the Vendor shall remove grass clippings and clean the property upon completion of mowing at no additional cost to the City. Removal of clippings will not be required for properties with vegetation less than forty-eight (48) inches in height unless otherwise directed by the Code Compliance Department. X. The Vendor shall remove all trash and litter from the property prior to mowing. Trash and litter shall be disposed of in a lawful manner. The cost of disposal shall be included in the mowing price for each parcel and shall not be billed as a separate charge. xi. Work orders designated by the City as an "Immediate Mow" shall be compensated at the base parcel price plus twenty percent (20%) to account for the expedited response requirement. Immediate mowing may be authorized by the Director, Superintendent, or Supervisor of the Code Compliance Department. xii. Vacant properties with a history of repeated violations may have mowing work orders generated automatically by the City. Vendor remains responsible for ensuring vegetation exceeding twelve (12) inches in height is cut in accordance with the terms of this Agreement. xiii. Railroad property, utility easements, and property under City trusteeship shall not be mowed without prior approval from a Code Compliance Official. Vendor shall submit a cost estimate for approval before any work is performed. D. PERFORMANCE REQUIREMENTS i. The Code Compliance Department has the sole discretion to determine the assignment of work orders. ii. Vendor shall receive notification of their assignments to mow specific parcels of land. The Vendor 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: a. Digital camera capable of producing clear, high -quality photographs with sufficient detail to verify property conditions and work performed. Each photograph must display a visible date stamp on the face of the image. b. High capacity of color printer capable of up to 200 imprints with map image per day. Vendor Services Agreement Page 15 of 20 City Secretary Contract No. C. Wireless Ready — ability to accept work orders and send complete work orders from a mobile wireless device, laptop, or other similar equipment. iii. Work orders will be provided to Vendor electronically via the Internet, and the Code Compliance Department will receive the completed work orders with all required documentation in the same manner. iv. Vendor will be responsible for ensuring and maintaining compatibility with the Code Compliance Department's system. V. 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. vi. Code Compliance reserves the right to accept or deny completed work orders that are submitted by any other means. vii. Work will be rejected and payment denied for work performed that includes not limited to: missing or inadequate photographic evidence, missing or incomplete work orders, mowing of incorrect parcels, mowing of only the ROW, easements, parkways, or alleyways without written approval from a Code Compliance Official. viii. Code Compliance reserves the right to accept or deny completed work orders that are submitted by any other means. ix. Vendor may appeal any rejected work to a Code Compliance Official. It is the Vendor'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 Vendor. Rejected work may be redone and new photographic evidence taken and submitted for evaluation at no additional expense to the City. E. INSPECTION REQUIREMENTS i. Vendor 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, Vendor shall immediately report these conditions to the Code Compliance Department 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 Vendor may take necessary steps to exterminate the hazard with the approval of the Code Compliance Department. Vendor shall submit invoices relative to such extermination to Code Compliance with the appropriate mowing work order. Vendor Services Agreement Page 16 of 20 City Secretary Contract No. V. If a parcel of land cannot be mowed for any reason, the Vendor shall submit the work order to Code Compliance within five (5) business days with a statement providing justification for not completing the work order. F. INVOICING REQUIREMENTS i. The Code Compliance Department will verify that the work has been completed in accordance with the terms, conditions, and specifications of the Agreement. ii. An invoice shall be considered payable once a Code Compliance Officer has completed a visual inspection and determined that the work has been satisfactorily completed. The City will process payment within thirty (30) calendar days following the Department's acceptance of the work. iii. Invoices shall be properly prepared, typewritten or computer -generated, and must include, at a minimum, the following information: a. Vendor name, federal tax identification number, business address, telephone number, invoice number, invoice date, quantities, unit price, and extended cost. b. City -issued Purchase Order Number. C. Violation number and Tarrant Appraisal District (TAD) parcel identification number. d. Date the parcel of land was mowed. e. Address and size (sq ft or acres) of the parcel of land serviced. f. Price for mowing the parcel and the total amount due for payment. g. Any unpaid invoices and/or appeals for work performed must be resolved within fourteen (14) calendar days of the invoice date. h. All invoices must be submitted within fifteen (15) calendar days following approval by the Code Compliance Officer. i. Incomplete or inaccurate invoices may result in delayed payment and will be returned to the Vendor for correction and resubmittal. Corrected invoices must be resubmitted within seven (7) calendar days of notification from the City. iv. 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 overpay or erroneous payments provided: a. The Vendor will be notified in writing within twenty (20) business 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. Vendor Services Agreement Page 17 of 20 City Secretary Contract No. b. The Vendor has the right to appeal the forfeiture. The appeal must be received within fifteen (15) business days upon the date of the Department's notification. C. The City will reimburse all outstanding payments withheld if the Vendor's appeal is determined to be valid. Vendor Services Agreement Page 18 of 20 City Secretary Contract No. IMAGE A PROPERTY IDENTIFICATION SIGN Body 2" Diax Ht Vendor Services Agreement Page 19 of 20 City Secretary Contract No. EXHIBIT B PAYMENT SCHEDULE #1-1 v Each 750 $ 120.00 $ 90,000.00 8,500 sq. ft. Work Orders greater #1-2 than 8,500 sq. ft. & less Each 1250 $ 140.00 $ 175,000.00 than one acre Work Orders greater #1-3 than or equal to one Each 300 $ 90.00 $ 27,000.00 acre, rate per acre Basket Total $ 292,000.00 Grand $ 292,000.00 Total Vendor Services Agreement Page 20 of 20 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. 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. 2026-1469808 Santos MJJ Construction LLC Crowley, TX United States Date Filed: 05/31/2026 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 I Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify description of the services, goods, or other property to be provided under the contract. the contract, and provide a 26-0157 Private Lot Mowing {Nature of interest 4 Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary Chazarreta, Tristan Crowley, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is cy�� (-\z- ."I ZJy-11 T31 (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the 3 day of fly 20 Z� . month (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.etnlcs.state.tx.us vel�.lull V'+.1.U.UUVOUIi10 FORT WORTH MAYOR AND COUNCIL COMMUNICATION 7.5.14 13P RFP 26-0157 PRIVATE LOT MOWING CODE JH DATE: 06/23/26 M&C FILE NUMBER: M&C 26-0547 DEPARTMENT: FINANCIAL MANAGEMENT SERVICES SUBJECT (ALL) Authorize Execution of Non -Exclusive Agreements with Multiple Vendors for Private Lot Mowing Services for a Combined Annual Amount Up to $500,000.00 for the Initial Term and Authorize Four One -Year Renewal Options for the Same Amount for the Code Compliance Department RECOMMENDATION It is recommended that the City Council authorize the execution of non-exclusive agreements with Leon's Landscape Services, LLC, Carls Impressive Lawn Care LLC, Santos R Chazarreta dba MJJ Construction, Abescape Group, LLC, Presbyterian Night Shelter of Tarrant County, Inc., and Ivy Gaze LLC for private lot mowing services for a combined annual amount up to $500,000.00 for the initial term and authorize four one-year renewal options for the same amount for the Code Compliance Department. DISCUSSION The purpose of this Mayor and Council Communication (MSC) is to authorize non- exclusive agreements with Leon's Landscape Services, LLC, Carls Impressive Lawn Care LLC, Santos R Chazarreta dba MJJ Construction, Abescape Group, LLC, Presbyterian Night Shelter of Tarrant County, Inc., and Ivy Gaze LLC for private lot mowing services. These services are used when the Code Compliance Department must occasionally address privately owned properties that are not being properly maintained as a part of the Department's responsibility of enforcing local ordinances. For these services, specific actions must be taken to document the work in addition to the actual mowing of the designated properties. The Code Compliance Department approached the Purchasing Division to secure an agreement for these private lot mowing services. To procure these services, Purchasing issued Request for Proposal (RFP) 26-0157, which outlined detailed requirements, including documentation requirements for before and after the mowing, height ranges for mowed vegetation, and expected timelines for performance. The RFP was advertised in the Fort Worth Star -Telegram on Wednesdays from April 1, 2026, to April 23, 2026. The City received eight (8) responses. 1of4 FORT WORTH MGE Solutions LLC was deemed non -responsive due to not submitting a complete proposal. An evaluation panel consisting of representatives of the Code Compliance and Environmental Services 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: Evaluation Factors Proposer Total Rank a b c d e 25.00 13.00 12.67 5.00 10.40 Leon's Landscape Services, LLC 66.06 1 Carls Impressive Lawn 0.00 23.00 15.33 7.33 14.12 59.78 2 Care LLC Santos R Chazarreta dba MJJ Construction 0.00 23.00 17.33 8.33 10.88 59.54 3 Abescape Group, LLC 0.00 21.00 11.33 5.33 15.00 52.67 4 Presbyterian Night Shelter of Tarrant 0.00 13.00 12.67 4.33 9.23 39.23 5 County, Inc. Ivy Gaze LLC 0.00 17.00 12.67 4.00 4.98 38.65 6 Missberryhill LLC 0.00 11.00 12.00 4.00 y 1UTIMU104]:1194:1Fil l a. Small Business Participation b. Service Area Coverage & Responsiveness c. Qualifications & Experience d. Past Performance e. Cost of Services * Missberryhill LLC did not score at least 50% of the total available points for technical criteria; therefore, cost was not evaluated. After evaluation, the panel concluded that Leon's Landscape Services, LLC, Carls Impressive Lawn Care LLC, Santos R Chazarreta dba MJJ Construction, Abescape Group, LLC, Presbyterian Night Shelter of Tarrant County, Inc., and Ivy Gaze LLC presented the best value to the City. Therefore, the panel recommends that City Council authorize non-exclusive agreements with the listed vendors. No guarantee was made that a specific amount of these 2 of 4 FORT WORTH services would be purchased. Staff certifies that the recommended vendor's proposal meets specifications. FUNDING: Funding is budgeted in the General Operating & Maintenance category in the General Fund for the Code Compliance Department. 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. 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 the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. SMALL BUSINESS: In accordance with the City's Small Business Ordinance, the City has established a 30% Small Business goal for this solicitation/contract. Leon's Landscape Services, LLC has committed to achieving this goal by being a certified small business, thereby meeting the requirements of the City's Small Business Ordinance. This project will serve all Council Districts. This contract requires a Form 1295. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies that funds are available in the current operating budget, as previously appropriated, in the General Fund to support the approval of the above recommendation and execution of the contracts. Prior to any expenditure being incurred, the Code Compliance Department has the responsibility to validate the availability of funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: ORIGINATING BUSINESS UNIT HEAD: ADDITIONAL INFORMATION CONTACT: ATTACHMENTS Reginald Zeno, # 8517 Brandy Hazel, # 8087 Jordan Henry, # 8461 3of4 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 private lot mowing for the Code Compliance Department on an as needed basis 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.