HomeMy WebLinkAboutC2024-204 - 11/19/2024 - Approved Oils eN,
= r II "4 SERVICE AGREEMENT NO. 6046
o g,
Seawall Clean-Up Services
1882
THIS Seawall Clean-Up Services Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home-rule municipal corporation ("City")
and Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services ("Contractor"),
effective upon execution by the City Manager or the City Manager's designee ("City
Manager").
WHEREAS, Contractor has bid to provide Seawall Clean-Up Services in response to
Request for Bid/Proposal No. 6046 ("RFB/RFP"), which RFB/RFP includes the required
scope of work and all specifications and which RFB/RFP and the Contractor's bid or
proposal response, as applicable, are incorporated by reference in this Agreement as
Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Seawall Clean-Up ("Services") in accordance with
the attached Scope of Work, as shown in Attachment A, the content of which is
incorporated by reference into this Agreement as if fully set out here in its entirety,
and in accordance with Exhibit 2.
2. Term.
(A) The Term of this Agreement is one year beginning on the date provided in
the Notice to Proceed from the Contract Administrator or the City's Procurement
Division. The parties may mutually extend the term of this Agreement for up to two
additional one-year periods ("Option Period(s)"), provided, the parties do so in
writing prior to the expiration of the original term or the then-current Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days' written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$66,999.92, subject to approved extensions and changes. Payment will be made
for Services performed and accepted by the City within 30 days of acceptance,
subject to receipt of an acceptable invoice. All pricing must be in accordance
Service Agreement-Seawall Cleaning (H. Ortega, Jr.) Page 1 of 8
SCANNED
with the attached Bid/Pricing Schedule, as shown in Attachment B, the content
of which is incorporated by reference into this Agreement as if fully set out here in
its entirety. Any amount not expended during the initial term or any option period
may, at the City's discretion, be allocated for use in the next Option Period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, TX 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City's Contract Administrator for this Agreement is as follows:
Liza Nino-Elizalde
Parks & Recreation Department
Phone: 361-826-3026
Email: Lizan@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractor must
deliver a certificate of insurance ("COI"), as proof of the required insurance
coverages, to the City's Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days'
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event that a payment bond, a performance bond, or both, are
required of the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond's terms, conditions, and amounts were
fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of Services to be
provided by the Contractor over a period of time, the City will exercise its right to
Service Agreement-Seawall Cleaning (H. Ortega, Jr.) Page 2 of 8
specify time, place and quantity of Services to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. City may inspect all Services and products supplied
before acceptance. Any Services or products that are provided but not
accepted by the City must be corrected or re-worked immediately at no charge
to the City. If immediate correction or re-working at no charge cannot be made
by the Contractor, a replacement service may be procured by the City on the
open market and any costs incurred, including additional costs over the item's
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City's invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City's actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City's product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
fiscal year of the City, which fiscal year ends on September 30th annually, is subject
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City's City
Council to determine whether or not to fund this Agreement. The City does not
Service Agreement-Seawall Cleaning (H. Ortega, Jr.) Page 3 of 8
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor.
(A) Contractor will perform the work required by this Agreement as an
independent contractor and will furnish such Services in its own manner and
method, and under no circumstances or conditions will any agent, servant or
employee of the Contractor be considered an employee of the City.
(B) As an independent contractor, the Contractor acknowledges and
understands that no workers' compensation insurance shall be obtained by the
City covering the Contractor and, further, that he/she is not entitled to participate
in any of the City's employee benefit programs nor is his/her spouse and any
dependents entitled to participate.
(C) In lieu of the Contractor having workers' compensation coverage for
themselves as an individual person performing the Services for the City, the
Contractor agrees to execute the "Release of Liability and Covenant Not to Sue"
document, a copy of which is attached to this Agreement as Attachment C-1
and the contents of which, as a completed instrument, are incorporated by
reference into this Agreement as if fully set out here in its entirety.
12. Subcontractors. In performing the Services, the Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments. This Agreement may be amended or modified only in writing
executed by authorized representatives of both parties.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreement waives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other applicable taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Liza Nino-Elizalde, Contracts/Funds Administrator
Parks & Recreation Department
Service Agreement-Seawall Cleaning (H. Ortega, Jr.) Page 4 of 8
400 Mann St., 2nd floor, Suite 200, Corpus Christi, TX 78401
Phone: 361-826-3026
Fax: 361-883-0676
IF TO CONTRACTOR:
Hilario O. Ortega Jr., dba A Plus Janitorial and Mowing Services
Attn: Hilario O. Ortega Jr., Owner
6765 Wood Iron Dr., Corpus Christi, TX 78413
Phone: 361-906-6801
Fax: N/A
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) The City may terminate this Agreement for Contractor's failure to comply with
any of the terms of this Agreement. The City must give the Contractor written
notice of the breach and set out a reasonable opportunity to cure. If the
Contractor has not cured within the cure period, the City may terminate this
Agreement immediately thereafter.
(B) Alternatively, the City may terminate this Agreement for convenience upon
30 days advance written notice to the Contractor. The City may also terminate
Service Agreement-Seawall Cleaning (H. Ortega, Jr.) Page 5 of 8
this Agreement upon 24 hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner's manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Limitation of Liability. The City's maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor's bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 "Certificate of Interested Parties" as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
Service Agreement-Seawall Cleaning (H. Ortega, Jr.) Page 6 of 8
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
Service Agreement-Seawall Cleaning (H. Ortega, Jr.) Page 7 of 8
CONTRACTOR
Signature:
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CITY OF CORPUS CHRISTI
Josh ronley
Assistant Direct f Finance - Procurement ATTEST:
REBE CA HUERTA
Date: �� Zl Z`( CITY SECRETARY
Approved as to form: ,�� ���_�„� � Q
! ' C9 _ rr 1�='_L I V AUTHORIZED
Assista ity Attorney �I Date By COUNCIL
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Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment C-1 : Release of Liability and Covenant Not to Sue
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB/RFP No. 6046
Exhibit 2: Contractor's Bid/Proposal Response
Service Agreement-Seawall Cleaning (H. Ortega, Jr.) Page 8 of 8
ATTACHMENT A: SCOPE OF WORK
1. General Requirements/Background Information
The Contractor shall pick up and dispose of all ground litter and empty trash
receptables/barrels including dog waste stations on scheduled days Friday,
Saturday, and Sunday from 10:00pm to 4:00am. Areas to be serviced shall include
the Seawall from Bayfront Fountain to McGee Beach. See attached Exhibit A.
2. Scope of Work
A. The Contractor shall provide adequate staffing who will be responsible for
emptying trash receptables/barrels and disposal of any ground litter. Trash bags
are to be removed and properly disposed of and replaced with a new trash bag.
B. The Contractor shall perform sanitation services Friday, Saturday, and Sunday from
10:00pm to 4:00am and must remain for the entire duration of shift.
C. Each Friday morning prior to 8:00 a.m., the Contractor shall contact the Parks
Operations Supervisor via phone or email prior to work being performed that
weekend for approval or of any changes to scheduling.
D. The Contractor shall list locations or days missed and the revised schedule shall be
submitted via email to the Contract Administrator or designee by 5:00 pm, the day
the location was missed.
E. A list of completed locations ready for inspection shall be emailed to the Contract
Administrator or designee no later than 7:00 a.m. on the following Monday. When
a location is completed, the assigned City Inspector shall inspect the site and
advise the Contractor of any discrepancies/rejections. In order to receive credit
for services rejected locations the Contractor shall take whatever action necessary
to correct the discrepancies within one working day. Rejected locations not turned
in for inspection within one business day of the rejection will be deemed
incomplete for the cycle and the Contractor will not be given credit. For the
purpose of this contract, workdays shall include Friday, Saturday, and Sunday. The
City Inspector shall then make another inspection and if the discrepancies have
not been corrected, the Contractor will be contacted via email, and a $25 re-
inspection fee will be charged for a third inspection. At that time, the Contractor
shall have one working day to complete the work. If the discrepancies still have
not been corrected, the Contractor will be contacted via email and phone to
correct the discrepancies and a $50 fee will be charged. Failure of the fourth
inspection will deem the location un- serviced and will need to be completed in its
entirety within the same cycle and resubmitted for the first inspection. The
Page 1 of 3
Contractor shall deduct the inspection fee on the invoice before submitting
payment.
F. The Contractor shall submit invoices ONLY after cycles are completed. A 33%
penalty will be issued per each missed workday. Contractor will adjust incomplete
cycle payment to reflect the workdays missed based on the price per weekend.
G. The Contractor shall provide labor, supervision, cleaning supplies, trash bags (38" x
60" black liners, 22 micros, 55-gallon)trash grabbers, and all necessary equipment
to perform services.
H. The Contractor, at their own expense, shall proper►y dispose of all trash and litter at
the JC Elliot Landfill located at 6594 Greenwood Dr. Corpus Christi, Texas 78415.
Landfill permit not provided by the city.
I. The Contractor's staff must wear uniform and personal protective equipment such
as reflector vest.
Page 2 of 3
EXHIBIT- A
155
Page 3 of 3
ATTACHMENT B: BID AND PRICING SCHEDULE
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CITY OF CORPUS CHRISTI
....I''
CONTRACTS AND PROCUREMENT
BID FORM
1852 RFB No. 6046
Seawall Clean-Up Services
PAGE 1 OF 1
Date: September 16, 2024
Hilario O. Ortega, Jr Authorized />
Bidder:dba A Plus Janitorial and Mowing ServicesSianatu re: 4/
1. Refer to "Instructions to Bidders" and Contract Terms and Conditions befo e
completing bid.
2. Quote your best price for each item.
3. In submitting this bid, Bidder certifies that:
a. the prices in this bid have been arrived at independently, without consultation,
communication, or agreement with any other Bidder or competitor, for the
purpose of restricting competition with regard to prices.
b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information
on file with City's Contracts and Procurement office, pursuant to the Code of
Ordinances, is current and true.
c. Bidder is current with all taxes due and company is in good standing with all
applicable governmental agencies.
d. Bidder acknowledges receipt and review of all addenda for this RFB.
Item Description Unit QTY Unit Total Price
Weeks Price
1 SEAWALL CLEAN-UP SERVICES EA 52 $1288.46 $66,999.92
Workdays- Friday, Saturday, and Sunday
Page 1 of 1
ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS
I. CONTRACTOR'S LIABILITY INSURANCE
A. Contractor must not commence work under this agreement until all insurance required
has been obtained and such insurance has been approved by the City. Contractor
must not allow any subcontractor Agency to commence work until all similar insurance
required of any subcontractor Agency has been obtained.
B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy
of Certificates of Insurance (COI) with applicable policy endorsements showing the
following minimum coverage by an insurance company(s) acceptable to the City's Risk
Manager. The City must be listed as an additional insured on the General liability and
Auto Liability policies by endorsement, and a waiver of subrogation is required on all
applicable policies. Endorsements must be provided with COI. Project name and or
number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Commercial General Liability Including: $1,000,000 Per Occurrence
1. Commercial Broad Form
2. Premises - Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1 . Owned
2. Hired and Non-Owned
3. Rented/Leased
WORKERS' COMPENSATION Statutory
EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000
C. In the event of accidents of any kind related to this agreement, Contractor must furnish
the Risk Manager with copies of all reports of any accidents within 10 days of the
accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers' compensation
coverage through a licensed insurance company. The coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance. The
workers' compensation coverage provided must be in an amount sufficient to assure
Page 1 of 3
that all workers' compensation obligations incurred by the Contractor will be promptly
met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business
in the State of Texas and with an A.M. Best's rating of no less than A- VII.
C. Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
• List the City and its officers, officials, employees, volunteers, and elected representatives
as additional insured by endorsement, as respects operations, completed operation
and activities of, or on behalf of, the named insured performed under contract with the
City, with the exception of the workers' compensation policy;
• Provide for an endorsement that the "other insurance" clause shall not apply to the City
of Corpus Christi where the City is an additional insured shown on the policy;
• Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
• Provide 30 calendar days advance written notice directly to City of any, cancellation,
non-renewal, material change or termination in coverage and not less than 10 calendar
days advance written notice for nonpayment of premium.
E. Within 5 calendar days of a cancellation, non-renewal, material change or termination
of coverage, Contractor shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Contractor's
performance should there be a lapse in coverage at any time during this contract.
Failure to provide and to maintain the required insurance shall constitute a material
breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to provide
and maintain any insurance or policy endorsements to the extent and within the time
herein required, the City shall have the right to order Contractor to remove the exhibit
hereunder, and/or withhold any payment(s) if any, which become due to Contractor
hereunder until Contractor demonstrates compliance with the requirements hereof.
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G. Nothing herein contained shall be construed as limiting in any way the extent to which
Contractor may be held responsible for payments of damages to persons or property
resulting from Contractor's or its subcontractor's performance of the work covered
under this agreement.
H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory
with respect to any insurance or self insurance carried by the City of Corpus Christi for
liability arising out of operations under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate
from any other obligation contained in this agreement.
BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement, Section 5
Insurance; Bonds Subsection 5(B), is here by void.
2023 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services -Services Performed Onsite
01/01/2023 Risk Management - Legal Dept.
Page 3 of 3
ATTACHMENT C-1
RELEASE OF LIABILITY AND COVENANT NOT TO SUE
STATE OF TEXAS §
COUNTY OF NUECES §
This release of liability and covenant not to sue ("Release") is executed on the date indicated
below and is entered into for the purpose of releasing the City of Corpus Christi and its officers, officials,
employees, representatives, agents, and volunteers (collectively, the "City") from any and all liability
whatsoever arising out of, caused by, or in any way connected with, either proximately or remotely,
wholly or in part, participation by Hilario O. Ortega, Jr. ("Contractor"), an individual, in providing
services to and for the City, which is the subject of the attached contractual agreement ("Agreement")
between the City and Hilario O. Ortega, Jr..
This Release serves to relinquish and forever waive certain legal rights to which Contractor may be
entitled by law or in equity. As such, Contractor is encouraged to consult with an attorney of his/her
own choosing and at Contractor's sole expense prior to signing this document; however, Contractor
may voluntarily choose to sign this Release without obtaining such consultation.
I, Hilario O. Ortega, Jr./Contractor, in exchange for the City allowing me to forego the condition
of providing workers' compensation insurance coverage (which includes covering myself or obtaining
a separate health policy covering myself) as a requirement of the Agreement, do hereby voluntarily
enter into the following covenants:
1 . I acknowledge that the capacity in which I will be participating in the Agreement is
that of an independent contractor and not as an employee or agent of the City. I further
understand that, as an independent contractor, I will receive no workers' compensation
benefits, health benefits, disability benefits, nor other insurance benefits of any kind which
might be available to full-time employees of the City and that, as an independent
contractor, I am fully responsible for incurring the cost of and paying for any medical
services that I may require during the term of the Agreement;
2. I acknowledge and understand that there may be risks involved in participating in
the Agreement, I voluntarily and knowingly assume any and all such risks, and I shall rely
solely on myself and not the City in determining what those risks are and the extent of
and exposure to the risks involved. I understand and agree that I am participating in this
Agreement at my own risk, and I hereby release, waive, and in all ways relinquish any
and all present and future claim(s) against the City that I, my heirs, successors, permitted
assigns, or any other person or entity (as used collectively here and hereinafter as "I")
may assert, have, or acquire as a result of any bodily injury (including serious injury
resulting in death), property damage, or loss of any kind whatsoever to myself or to my
real or personal property arising out of, resulting from, or in any way connected with my
participation in the Agreement between myself and the City;
3. I hereby release the City from all liability and waive and relinquish any and all such
claims which may arise, and I further covenant not to file any lawsuits against nor join in
any lawsuits with others to sue the City for any such claim, injury, loss, damage, or
expense from participating in the Agreement regardless of whether the same may arise,
Page 1 of 2
result from, or be caused by any negligence or gross negligence of the City;
4. I acknowledge that the services I provide pursuant to the Agreement may occur on
real property located in the City of Corpus Christi, Nueces County, Texas, and that may
be owned, leased, controlled, or managed by the City. Further, I acknowledge that my
services under the Agreement may, at times, be performed with tools, equipment, and
other personal property owned, leased, controlled, or managed by the City. By execution
of this Release, it is my express intention to completely absolve the City of all potential
liability caused by, arising out of, or incident to my performance of services on City real
property and that may be performed with tools, equipment, or other personal property of
the City;
5. I desire and agree that this Release shall apply to any and all activities during or in
any way connected with my individual participation in the Agreement and my performance
under such Agreement;
6. I agree that this Release shall be governed by and be enforceable under the laws
of the State of Texas. Venue shall lie in Nueces County, Texas, where the Agreement is
performed and my services are provided;
7. I acknowledge and fully understand that I am required by State law to provide
workers' compensation coverage for any person(s) that I employ who participate in
providing or performing any of the services under the Agreement and agree to so obtain
the required workers' compensation coverage as mandated under this Agreement; and
8. I hereby acknowledge that I have been informed in writing that I may consult an
attorney prior to signing this Release. I have carefully and thoroughly read the foregoing
provisions of this Release of Liability and Covenant Not to Sue and, intending to be legally
bound, voluntarily accept each of its terms and conditions and willingly agree to the
covenants to which I am bound.
EXECUTED this (0 day of NOVeffiber , 2024.
// d? ( _1
Hilario O. Ortega, Jr.
STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me on 1 \- to- aA- , 2024, by Hilario O. Ortega,
Jr.
Nota lic s Signa ure
SOIJiEU1 HALL
Notary ID t 134945737
'+Zoo, My Commission Expires
O6113/2028 Page 2 of 2
ATTACHMENT D: WARRANTY REQUIREMENTS
No warranty is required for this Service Agreement.
Page 1 of 1