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CITY OF FORT WORTH
PLUMBING INSPECTION AGREEMENT
TffiS AGREEMENT made this �� day of �' ��� , 2007,
between the CITY OF FORT WORTH, a home rule municipal c rporation of the State
of Texas located within Tarrant, Den on, and Wise ounties, Texas (hereinafter referred
to as the "City"), and �� e�.n � �� ��_, (hereinafter referred
to as the "Plumbing Inspector"). �r�
In consideration of the mutual promises contained in this Agreement, the parties
agree as follows:
RECITALS
The City of Fort Worth is a home rule municipal corporation of the State of
Texas, located within Tarrant and Denton Counties, Texas.
The City desires to retain a Plumbing Inspector to provide the Services as set out
in E�ibit, "A" which is attached hereto and made a part hereof for all purposes, being
hereinafter referred to as the "Services".
The Plumbing Inspector agrees to perform the services as set out in E�ibit "A".
AGREEMENT
The City and Plumbing Inspector, for and in consideration of the mutual
covenants herein, set forth agree as follows:
It is agreed that the City retains the Plumbing Inspector to provide the Services as
set out in E�chibit "A", subject to the terms, conditions, and stipulations under this
Agreement.
COMPENSATION
For and in consideration of the Services rendered by the Plumbing Inspector, the
City shall pay and the Plumbing Inspector shall receive the fees set forth in E�ibit "A"
attached hereto and incorporated herein by reference. Plumbing Inspector shall not accept
any compensation or anything of value from any contractor or owner whose work is
being inspected by the Plumbing Inspector.
PROFESSIONAL RESPONSIBILITIES
Plumbing Inspector agrees to perform said Services expeditiously, on request of
the City, in accordance with sound and generally accepted inspection principals and
standards, to check for compliance with the applicable City of Fort Worth Code or Codes.
When requested by the City, the Plumbing Inspector shall (1) conduct on-site
inspections far Code compliance, and (2) provide review of plans, plats, documents,
designs, developments, reports, studies, surveys, data, etc. prepared by persons or entities
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other than the Plumbing Inspector and submitted to the Plumbing Inspector by the City,
and (3) provide input, comments, and/or recommendations and such response deeined
appropriate by the Plumbing Inspector to assist the City in Code compliance.
No inspections shall be performed on projects by a Plumbing Inspectar without
the proper permits. Any Plumbing Inspector that performs inspections without the proper
permits will subject to ternunation of certification to perform such inspections as well as
reported to the State Plumbing Board with a recommendation for rejection of their State
Plumbing Inspector License.
All documents which come into the possession
shall remain the property of the City, shall be mair
Throckmorton Street, and are public records, subject
otherwise.
CITY REVIEW
of Plumbing Inspector are and
tained at the City Hall, 1000
to detei7i�ination by the City
Plumbing Inspector agrees and understands that City officials may, at their
discretion, make periodic site visits to review, inspect and duplicate any inspections
performed by the Plumbing Inspector in order to insure a quality control of performance.
The city official shall maintain full interpretation authority of all affected codes as well as
the authority to require corrections, including, but not limited to, notices andlor stop work
orders. Plumbing Inspector understands that, upon completion of all building projects, the
City official will perform a final inspection prior to the issuance of a certificate of
occupancy.
TERMINATION
This Agreement may be terminated by either party for any reason by giving two
(2) days written notice. The City reserves the right to suspend or stop services
immediately.
AMENDMENTS TO AGREEMENT
Any amendment to this Agreement must be in writing and signed by the
Plumbing Inspector and the City Manager of the City.
NON-EXCLUSIVE AGREEMENT
It is understood and agreed that retention of the Plumbing Inspector by the City to
perform the Services, and for the purposes stated in this Agreement, is not exclusive.
ASSISTANTS
The Plumbing Inspector does not have the right to employ assistants or sub
plumbing Inspectors to perform the Services without the advanced written consent of the
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City Development Director. All assistants or sub plumbing inspectors shall be currently
licensed plumbing inspectors.
INDEMNIFICATION
PLUMBING INSPECTOR ASSUMES THE ENTIRE R�SPONSIBILITY AND LIABILITY
FOR ANY CLAIM OR ACTION BA5ED ON OR ARISING OUT OF INJURIES, INCLUDING DEATH,
TO PERSONS OR DAMAGES TO OR DESTRUCTION OF PROPERTY� SUSTAINED OR ALLEGED
TO HAVE BEEN SUSTAIlVED IN CONNECTION WITH OR TO HAVE ARISEN OUT OF OR
INCIDENTAL TO THE PERFORMANCE OF THIS CONTRACT BY PLUMBING INSPECTOR,
REGARDLESS OF WHETHER SUCH CLAIMS OR ACTIONS ARE FOUNDED IN WHOLE OR IN
PART UPON ALL�GED NEGLIGENCE OF THE CITY OF FORT WORTH� ITS OFFICERS�
AGENTS OR EMPLOYEES� OR THE EMPLOYEES� AGENTS, INVITEES� OR LICENSEES
THEREOF. PLUMBING INSPECTOR FURTHER AGREES TO INDEMNIFY AND HOLD
HARML�SS THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS AND EMPLOYEES IN
RESPECT TO ANY 5UCH MATTERS AS SET OUT ABOVE AND AGREES TO DEFEND ANY
CLAIM OR SUIT OR ACTION AT PLUMBING INSPECTOR'S OWN EXPENSE WHEN SUIT IS
BROUGHT AGAINST THE CITY OF FORT WORTH, ITS OFFICERS, AGENTS OR EMPLOYEES,
AND EMPLOYEES, AGENTS, INVITEES� AND LICENSEES THEREOF.
INSURANCE
It is agreed between Plumbing Inspector and City of Fort Worth that
Plumbing Inspector will secure and furnish City with a certificate of general liability and
automobile insurance coverage in an amount specified by standard policies and
procedures of the Risk Management Department of the City during the term of this
contract. The City of Fort Worth shall be shown as an additional insured on said policies
of insurance.
FORCE MAJEURE
The Plumbing Inspector shall not be responsible or liable for any loss, damage, or
delay caused by force majeure which is beyond the control of the parties, which shall
include riot, insurrection, embargo, fire or explosion, the elements, act of God, epidemic,
war, earthquake, flood, or the official act of any government.
LEGAL CONSTRUCTION
In case of any one or more of the provisions contained in this Agreement shall for
any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision and this Agreement
shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained in it.
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WARRANTIES
Plumbing Inspector hereby warrants that:
a. The Plumbing Inspector has currently in effect all necessary licenses to
perform the work and is qualified to perform the work as required by the
City's Codes and the State of Texas;
b. All assistants or sub-plumbing inspectors employed by Plumbing Inspector
are currently licensed plumbing inspectors;.
c. All work will be performed in a professional and workmanlike manner; and
d. The Plumbing Inspector will not discriminate in the provision of Services
against any person because of race, color, religion, national origin, sex, age,
disability, political belief, sexual orientation or affiliation.
INDEPENDENT CONTRACTOR
It is the express agreement and understanding of the parties that Plumbing
Inspector is in all respects an independent contractor of the City. The relationship
between the Plumbing Inspector and the City is that of an independent contractor.
Neither party is an employee, servant, or partner of the other, and neither has the right,
authority, or power to direct, bind, or obligate the other in any way, except within the
context of this Agreement.
The City is interested only in the results to be achieved, and the control of the
work will lie solely with Plumbing Inspector. Plumbing Inspector shall set its own hours
of work and the number of hours that it shall work to accomplish the purposes of this
Agreement.
PRIOR AGREEMENTS SUPERSEDED
This Agreement constitutes the sole and only agreement of the parties to it, and
supersedes any prior understandings or written or oral agreements between the parties
respecting this subj ect matter.
TEXAS LAW TO APPLY
This Agreement shall be construed under and in accordance with the laws of the
State of Texas, and all obligations of the parties created under this Agreement are
performable in Tarrant County, Texas. Venue shall be in the state courts located in
Tarrant County, Texas or the United States District Court for the Northern District of
Texas, Fort Worth Division.
PARTIES BOUND
This Agreement shall be binding on and inure to the benefit of the parties to it and
their respective heirs, executors, administrators, legal representatives, successors, and
assigns.
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MAILING ADDRESSES
All notices and communications under this Agreement to be mailed or delivered
to the City shall be sent as follows:
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102
Attention: Development Director
Telephone (817) 392-8901
All notices and communications under this Agreement to be mailed or delivered
to the Plumbing Inspector and if applicable, the corporation, association, partnership or
any other non-governmental entity that employs said Plumbing Inspector shall be sent as
follows, unless and until the City is otherwise notified:
Plumbin Inspectarp:
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Any notices and communications required to be given in writing by one party to
the other shall be considered as having been given to the addressee on the date the notice
or communication is placed in the United States Mail.
Executed, in multiple counterparts, at Fort Worth, Texas, on the day and year first
above written, and each signed counterpart shall be treated as an original for all purposes.
ATTEST:
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City Secretary
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CITY OF FORT WORTH
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Assistant City an� er
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Approved as to form and legality:
By: �,�/l� �iti�� d�����0�
Sarah Fullenwider
Assistant City Attorney
PLUMBING INSPECTOR
Name: � � tc � � ������
Title: �►� �) t� �� 6 "' � � ��
EXHIBIT "A"
ATTACHED TO AND MADE A PART OF AN
1NSPECTION AND CODE COMPLIANCE SERVICES AGREEMENT
A.1. Plumbing Inspector:
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Name
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Address
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Phone
A.2 Scope of Services: Plumbing Inspection
A.3 Frequency: As Called/On Request
A.4 Compensation: Ten percent (10%) of the City Council established building
permit fee. Payment is based on the completion of the
structure and monthly invoices submitted to the City for
each individual building permit.
7
City of Fo�t Wo�tlz, Texas
�I�A�ae And C�ounCil Ca1�tl�tutricAt�fan
DATE
1 /16/01
SU BJ ECT
REFERENCE NUMBER LOG NAME
**G-13127
06PROGRAM
PAGE
1 of 3
AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING
INSPECTION PROGRAM
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to enter into agreements with independent contractors for third party
plumbing inspectors to perform plumbing inspections within the City of Fort Worth; and
2. Adopt the attached ordinances which establish 10% as the amount retained for new construction
building permits to cover the maximum amount payable for third party plumbing inspection services;
and
3. Adopt the attached ordinances which establish 90% as the amount retained for all plumbing work
permits, other than new construction, to cover the maximum amount payable for third party
plumbing inspection services; and
4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
General Fund by $115,000.
DISCUSSION:
On March 2, 1999 (M&C G-12492), the City Council adopted ordinance amendments and directed staff
to implement a program allowing third party plan review and inspection services for the Building,
Electrical, Plumbing and Mechanical Codes. This program was necessary to address heavy demands
in building construction inspections, problems with recruiting and retaining qualified City staff, and to
better meet the special expertise or expedited schedules for various projects. At the time of
implementation, the City was experiencing 30% of all inspection requests not being performed within 24
hours of the request, resulting in a decrease of productivity, construction delays and increased costs.
The third party program allowed contractors and/or owners of projects to contract directly with plan
review or inspection firms to provide services normally delivered by the Development Department. On
May 25, 1999 (M&C G-12568), the City Council authorized a waiver of 90% of the calculated building,
electrical, plumbing or mechanical fees for projects managed by a third party firm. The collection of
10% by the City was determined as the amount necessary to cover staff costs in quality control and
record generation or management.
On August 16, 2000, the Texas State Board of Plumbing Examiners (Board) inquired into Fort Worth's
third party program to determine if the program was upholding the State Plumbing License Law and
Board's rules. In particular, the Board had questions regarding the employment relationship between
the City and the third party plumbing inspector and the method of payment for those services.
Subsequent replies and communications with the Board resulted in the Board Administrator ruling that
the Fort Worth third party plumbing inspection process was not meeting the requirements of the
Plumbing License Law or the Board's rules. The matter was forwarded to the Board's Enforcement
Committee for consideration on September 28, 2000.
City of FoYt Wortlz, Texas
�ae And Caunc�il C,a�nmun�cAt�ian
��
DATE
1 /16/01
SUBJECT
REFERENCE NUMBER LOG NAME
**G-13127
�.-:�Z � � �
PAG E
2of3
AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING
INSPECTION PROGRAM
City staff attended the Enforcement Committee meeting in September 2000, and it was determined that
a contractual agreement similar to those with other jurisdictions might address the Board's concerns of
employment and compensation. A draft agreement between the City and individual plumbing
inspectors was submitted to the Board on November 8, 2000, and discussed at their November 13,
2000 meeting. Following the hearing, the Board's attorney relayed to the City that minor changes to the
agreement would make the contract acceptable to the Board. A revised agreement was submitted to
the Board on December 8, 2000.
The proposed agreement makes each third party plumbing inspector an independent contractor of the
City and restructures the method of payment for those inspection services. The City will collect, at the
time of permitting issuance, a percentage of the total building permit for the plumbing portion of a
project. Upon completion of plumbing inspections by the third party inspector and invoicing of those
services, the City will issue payment for the services rendered.
On December 22, 2000, the Board Administrator communicated that the Board's Enforcement
Committee, Board staff and the Board's attorney had reviewed the Plumbing Inspection Agreement
submitted on December 8, 2000. The Board's attorney advised the Board that under the revised
agreement, the relationship between the Licensed Plumbing Inspectors and the City of Fort Worth,
along with the method for compensating the Licensed Plumbing Inspectors, does not violate the
Plumbing License Law or Board rules.
In order to begin implementation of the restructured third party plumbing inspection program, it is
necessary to authorize the City Manager to enter into agreements with each third party plumbing
inspector as independent contractors. A copy of the proposed Plumbing Inspection Agreement is
attached.
Additionally, it is proposed to withhold 10% of all building permit fees for related plumbing inspection
services for each new construction project. In the case of remodeling projects or jobs with only
plumbing work, the City will collect the entire plumbing permit fee of which 90% will be returned as
payment for inspection services. These collections will equal the maximum amount payable to the third
party plumbing inspector for services rendered. It is estimated that for the remainder of the fiscal year,
collection for the new construction projects would be $105,000, and collections for the plumbing permit
only projects would be $10,000. Attached are the necessary ordinance amendments to facilitate this
collection.
In order to manage the collections, invoicing and issuance of payments for the third party plumbing
inspection program, it is estimated that one additional authorized position and associated office
supplies and equipment will be needed. The annual impact on the General Fund budget is estimated to
be $43,000. The present implementation of this program will be handled as an overage and more
clearly identified in the proposed FY2001-2002 General Fund budget once actual impact can be
determined.
City of Fort Wortlz, Texas
a� And ounc�il Ca�1�lu�icAt�fan
�rr�� C
DATE REFERENCE NUMBER LOG NAME PAGE
1/16/01 **G-13127 06PROGRAM 3 of 3
SUBJECT AGREEMENTS AND ORDINANCES ESTABLISHING THIRD PARTY PLUMBING
INSPECTION PROGRAM
Favorable consideration by the City Council for the third party plumbing inspection program and
structure will authorize staff to implement the program on February 5, 2001.
It should be noted that staff has been working with the Safety and Community Development Committee
to change the structure and amounts of building permits. Changes of fees and the percent waiver for
third party inspection services will be recommended in the near future. At that time, the attached
ordinances will need to be amended appropriately.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, funds will be
available, as appropriated, in the General Fund.
MG:k
Submitted for City Manager's
Office by:
Mike Groomer
Originating Department Head:
Bob Riley
Additional Information Contact:
F`UND I ACCOUNT I CENTER I AMOUNT
(to)
6140
8901 � (from)
Bob Riley 8901
CITY SECRETARY
APPROVED 1-16-01
ORDINANCE NO. 14485
ORDWANCE NO. 14486
ORDINANCE NO. 14487
ORDINANCE NO. 14488
ORDINANCE NO. 14489