Loading...
HomeMy WebLinkAboutContract 36918 CITY SECRETARY CONTRACT NO. CITY OF FORT WORTH THIRD PARTY COMPANY AGREEMENT THIS AGREENIENT made this 7th day of February , 20 p8 between the CITY OF FORT WORTH,a home rule municipal corporation of the State of Texas located within Tarrant,Denton,and Wise Counties,Texas(hereinafter referred to as the"City"), and the approved third-party company,Eileen Merritt,Inc.'s ATS Engs.&Inspectors (hereinafter referred to as the"Third Party Company"). WHEREAS,the City of Fort Worth is a home rule municipal corporation of the State of Texas, located with Tarrant,Denton and Wise Counties, 'Texas;and WHEREAS, the City of fort Worth,implemented a program effective March 3, 1999,to accept certified third party organizations to perform plan review and inspection services for construction projects to ensure timely services to permit applicants;and WHEREAS, with the adoption of a State, Energy Code, the program was expanded to require Energy Code certifications as it mandatory qualification,,and, VVHF,REAS, in 2005, the program expanded to permit limited zoning compliance review. The following information describes the policies and. procedures applicable to this program;and, WHEREAS, the City desires to allow private Third Party Companies to perform plan review and inspection services for the public;and WHEREAS, the Third Party Company agrees to perform the;services as Wntained in this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows. ARTICLE 1. SERVICES PROVIDED § 1.01. The City certifies the Third Patty Company to provide Lhe Services as set out in Article IV subject to the terms, conditions,and stipulations under this Agreement. § 1.02. Third Petty Company shall provide plans exam anchor inspection services as contracted between the customer and the Third Party Company. When the Third Party Company provides the plan review and/or field inspections for a project, services for all five trades must be provided including:building, electrical,mechanical,plurribing and energy. § 1.03. A Third Party Company that is separately trained and endorsed by the City may provide zoning compliance review in addition to providing plans exams or inspections. RewisW t l 1.6-08 t 2-09 P03:4 1 IN t § 1.04. If a Third Party Company is temporarily not certified in all trade areas, the company may partner with other third party organizations in order to cover all five trade areas for plan review and/or inspections, provided the Third Party Company obtains prior written City approval. Approval shall be at the discretion of the Building Official. The City will consider the firm certified in building code to be the primary contact. § 1.05.The Third Party Company shall not accept a project that is already permitted and receiving plan review or inspections through the City or another Third Party Company without the express permission of the Building Official. ARTICLE H. COMPENSATION § 2.01. Compensation for Services rendered by the Third Party Company shall be between the agent representing the property and the Third Party Company. § 2.02. The City shall not control or arbitrate the fees charged by the Third Party Company to the agent or others representing the property. §2.03. The City is not responsible for compensating third party organizations except as required by State Plumbing Licensing law and under the provisions established by the Planning and Development Department. ARTICLE III. FEES § 3.01. The Applicant, as defined in Section 4.01, shall be subject to a modified permit fee schedule. Fees shall be based on the defined percentage of the fee scheduled adopted by ordinance by the City Council as follows: Third-Party Plan Review and Inspection Third-Party Plan Review/City Inspection City Plan Review/Third Party Inspection § 3.02. Any amendments by City Ordinance to the fee tables and amounts collected for permits shall be considered an amendment to this contract. § 3.03. Except for stakeout inspections, red-tags issued by the City in excess of one event during each required inspection on projects will be charged a re-inspection fee which must be paid by the Applicant prior to the issuance of a Certificate of Occupancy. No Certificate of Occupancy will be issued by the City until the re-inspection fee is paid in full. §3.04.A re-inspection fee will be charged on the first stakeout inspection when the site is not prepared, the address is not posted or plans are not on-site. ' FmTAL 01-16-08 2 ARTICLE IV. PERMITTING/PROFESSIONAL RESPONSIBILITIES § 4.01. The Third Party Company shall be the"Applicant" on all jobs except that licensed trade contractors shall be the"Applicant"for their trade permits. §4.02.Third Party Company agrees to perform said Services in accordance with sound accepted inspection and plan review principals and standards in a professional and workmanlike manner and to verify compliance with the applicable City of Fort Worth Code or any state codes. §4.03. When hired by an agent for the property to provide said Services, the Third Party Company shall: (1) Conduct on-site inspections for code compliance when hired for inspection services; (2) Provide review of plans, plats, documents, designs, developments, reports, studies, surveys, data, etc. prepared by persons or entities other than the Third Party Company and submitted to the Third Party Company by an agent for the property when hired for plan review services; (3) Provide input, comments, and/or recommendations deemed appropriate by the Third Party Company to assist the City in code and ordinance compliance. §4.04. Third Party Company agrees to send at least one appropriate management or supervisory personnel to all meetings and/or training with City staff as directed by the Building Official. Absence from more than one meeting and/or training in a twelve-month period may result in appropriate sanctions up to and including termination of this agreement at the option of the City. § 4.05. The Third Party Company shall not perform, or allow persons or entities under its control to perform any inspections on any projects without the required City permits. The Third Party Company shall not perform, or allow person or entities under its control to perform, any inspections with the exception of inspections of T-poles and site utilities on commercial projects including model homes prior to an approved City stakeout inspection. Stakeout inspections by the City will not be required on residential projects. However, Third Party Companies may call for such inspections and are specifically encouraged to schedule such inspections for in-fill housing structures in older neighborhoods. Any Third Party Company that performs or, allows persons or entities under its control to perform, inspections without the required City permits will be subject to appropriate sanctions up to and including termination of this Agreement. Further, the individual employee who knowingly performs such inspections shall be subject to appropriate sanctions up to and including suspension or termination of their certification to perform such inspections and reported to the appropriate State Board. § 4.06. The Third Party Company shall have the authority and obligation to issue turn-down notices ("red tags") and the obligation to notify the City when stop-work orders are necessary to ensure.compliance with all City codes. The Third Party Company shall participate as requested FINAL D1-16-08 � 3 by the City in the prosecution of code violators as necessary through court testimony or other means without compensation by the City. § 4.07. The Third Party Company shall be required to document inspections either in writing or electronically in a manner and time as directed by the City. Failure to timely report inspections will be considered a breach of the terms of this Agreement and an attempt to circumvent the City quality control program and shall result in appropriate sanctions, up to and including termination. All materials, information, documents, whether finished, unfinished, or draft, that are developed, prepared, completed or acquired by the third party organization during the performance of services shall be made available to the City within three business days of a written or verbal request by the City and upon termination of the contracted services. Such materials shall include, but not be limited to, calculations, data, studies, surveys, reports, correspondence, memoranda, maps,models,photographs,drawings, and audio or video recordings. The Third Party Company shall also provide within three business days of the City's request,any original notes, documentation or other records of inspections and plans reviewed and/or provide written statements as appropriate for the City to respond to public information requests or complaints. Failure to provide the requested documentation will be considered a breach of the terms of this Agreement and may result in appropriate sanctions, up to and including termination of this Agreement at the discretion of the City. Retention of all documents by the Third Party Company shall be on a schedule and of such quality as dictated by the City. §4.08. A final commercial inspection by the City is required prior to the issuance of a Certificate of Occupancy. In order to receive same-day service from the City for final commercial inspections, the Third Party Company shall be required to notify the City by 6:30 a.m. daily of all scheduled inspections. The notification method shall be dictated by the City. Third-Party Companies will be allowed to request additional final commercial inspections throughout the day in order to serve their customers. The City will make reasonable attempts to provide same-day service for those inspections submitted after 6:30 a.m. and reserves the right to charge after-hours inspection fees as appropriate. §4.09 The Third Party Company shall notify the City by 6.30 a.m. daily of all scheduled inspections. The notification method shall be dictated by the City for the purpose of allowing the City to conduct quality control inspections. Third-Party Companies may add inspections to their schedule after the 6:30 a.m. cut-off in order to serve their customers as long as they maintain a satisfactory accuracy rate in the overall quality control program. Should the follow up inspections fail regularly due to material, substantive non compliance with the code or should the Third Party Company consistently fail to notify the City of a majority of the inspections on a timely basis, the City may require corrective action to ensure that adequate follow-up inspections may be performed. The frequency and severity of failed follow up inspections will be taken into consideration by the City when taking corrective action. §4.10. The Third party Company is responsible for validating that the permit includes all items that are under construction and notifying the licensed contractor and/or the client that inspections FINAL 01-16-08 :^, 4 cannot resume until the discrepancy is resolved, including payment of fees by the appropriate party prior to the issuance of a certificate of occupancy or a final inspection. The Third Party Company is responsible for ensuring that the installed equipment is consistent with the approved plans and may be charged a revision or re-inspection fee if a discrepancy requires additional City staff time. § 4.11. The Third Party Company shall be solely responsible for monitoring their permits for expiration. Extensions .must be requested prior to the expiration in order to allow fee waivers as outlined in the City Code. The City will facilitate this process through a computer interface that allows automatic extensions when additional inspections occur. However, the City makes no guarantees and it is the Third Party Company's responsibility to validate the request for an extension as necessary through the City's permitting system. §4.12. The Third Party Company shall not pull permits for projects that have not been confirmed by an agent for the property. Complete replacement of permitted floor plans or site plans with alternate plans will not be allowed and without new permits and new fees. Determination of what constitutes complete replacement will be at the discretion of the City. No prior fees shall be refunded. ARTICLE V. CITY REVIEW/SITE VISITS § 5.01. The City of Fort Worth retains the authority to render all code interpretations including stop work orders and to require variances and/or appeals to be filed with the appropriate City board. § 5.02. The Third Party Company agrees and understands that City officials may, at their discretion, make periodic site visits to review, inspect and duplicate any plan reviews or inspections performed by the Third Party Company in order to insure a quality control of performance. The City retains the right, through its Building Official, to periodically order work to be opened up or exposed for inspection purposes to ensure compliance with codes. The City will weigh the cost of rework against the need to inspect before such order is issued; however, the City of Fort Worth will not be responsible for the cost of any rework. In the event the City determines that a third party organization is not performing in a manner to ensure compliance with all applicable codes,the City may require complete plan review or inspections by City staff. §5.03 In the event that a Third Party Company accepts a project that started either without permits or with a separate Third Party Company, the Building Official shall be notified in advance to certify the status of the job. § 5.04. After a Third Party Company completes and passes all final inspections, the City will perform a final inspection prior to the issuance of a Certificate of Occupancy for all commercial building projects. Approvals of final inspections on any incomplete job by a Third Party Company will-be.considered a violation of the terms of this Agreement and will result in appropriate disci#��e up to and including termination of this Agreement. FINAL 01-16-08 `[�S" 5 li • Y� YL�U� L. ARTICLE VI. QUALIFICATIONS § 6.01. A statement of qualifications submitted by the Third Party Company is attached as Exhibit "A." The statement is evidence of the minimum qualifications of the Third Party Company and its employees in the following categories: • experience with municipal or State plan review and inspections; • professional education and accreditation; • certification from model code organizations; • applicable trade licenses; • experience or training related to the Fort Worth Zoning Ordinance; • other applicable accreditation(s). §6.02. The Third Party Company and all of its employed or contracted staff have currently in effect all necessary licenses to perform the work and are qualified to perform the work as required by the City's codes and the State of Texas. § 6.03. The Third Party Company is expressly prohibited from using plans examiners or inspectors under this Agreement who are not on the City's approved list. § 6.04. Upon execution of this Agreement and before the use of any newly hired plans examiner or inspector, the Third Party Company shall submit and maintain a list of all employed or contracted staff for the City's review and approval. Said list shall be attached and incorporated into this Agreement as Exhibit "B" Employee List. The Building Official has the authority to accept alternative licenses, certifications or levels of experience for approval on a case-by-case basis either for a Third Party Company or its employees. § 6.05. The control of the work will lie solely with the Third Party Company. The Third Party Company shall set the hours of work of their plans examiners, inspectors and other employees and the number of hours needed to accomplish the purposes of this Agreement. § 6.06. All inspectors employed by the Third Party Company agree to forgo any contractor opportunities in the City. Individuals cannot work as both a contractor and an inspector in the City. Similarly, Third Party Company shall not inspect projects in which they have any interest or have performed any work. The employees of the Third Party Company shall not inspect projects for which their staff did construction work, architectural design, engineering design, etc. except as approved under the City's residential foundation program. ARTICLE VII. TERMINATION § 7.01. This Agreement may be terminated by either party for any reason by giving two (2)days written notice. U'1D 116 VU 1111X § 7.02. In lieu of termination, the City may, in its sole discretion, suspend the Third Party Company or one or more of its individual employees for poor performance, one or more violations of professional responsibilities, failure to achieve accuracy rates as determined by the City, one or more violations of the public's trust, public safety or accepted ethical standards, or for any other reason the City deems appropriate. § 7.03. In the event that this Agreement is terminated, the Third Party Company is responsible for providing a list of all projects in progress by the Third Party Company at the time of termination. The Third Party Company shall provide a status of the project and evidence of approved or partially reviewed plans and documentation of all inspection results. In the event that these records are not available, the City assumes no liability asserted by the property or project agent due to necessary re-inspections, removal of completed work to allow inspection or ensure compliance with City codes, lost productivity, or any other costs associated with City assumption of the project. § 7.04. Termination of this Agreement as provided in this article will not relieve the Third Party Company from paying any sum or sums due and payable to City under the Agreement at the time of termination or any claim for damages then or previously accruing against the Third Party Company under this Agreement. Termination by either party will not prevent City from enforcing the payment of any such sum or sums or claim for damages by any remedy provided for by law,or from recovering damages from the Third Party Company for any default under the Agreement.All City's rights,options, and remedies under this Agreement will be construed to be cumulative, and not one of them is exclusive of the other. City may pursue any or all such remedies or any other remedy or relief provided by law, whether or not stated in this Agreement, inclusive of withholding future inspections and certificates of occupancy. ARTICLE VUL INDEMNIFICATION § 8.01. THIRD PARTY COMPANY AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (I) THIRD PARTY COMPANY'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (11)ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF THIRD PARTY COMPANY , ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITY) OR SUBCONTRACTORS, RELATED TO THE SERVICES PROVIDED AS OUTLINED IN THE AGREEMENT BETWEEN THE CITY AND THIRD PARTY COMPANY OR THE PERFORMANCE OF THIS AGREEMENT; EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS,AGENTS, EMPLOYEES OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH THIRD PARTY COMPANY AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURT419R PROVIDED BY THE LAWS OF TEXAS. FINAL 01-16-08 7 I § 8.02. For any commercial project with a valuation exceeding$250,000, a"Project Application for Use of Third Party Organization"must be executed by the project owner[defined as a tenant, owner or contractor] prior to issuance of a building permit. For projects with a valuation less than $250,000, a separate form is not required. However, a document signed by the person or corporation employing the third party organization with the following language must be maintained in the files of the Third Party Company: "I have read and understand the City of Fort Worth's Third Party Organization's Policies and Procedures and the code provisions relating to third party plan review and inspections. The undersigned hereby indemnifies, holds harmless and defends the City of Fort Worth, its officers, and employees, from and against any and all damages to properly or injuries to, or death of, any person(s), including without limitation property and employees of the City, and against any and all liabilities, suits, actions, proceedings, or judgments, resulting from the acts or omissions of the undersigned or of the undersigned's employees or subcontractors, including without limitation the acts of the third party organization retained to perform plan review and/or inspections." Tenant, owner, or contractor Date By: Print Name: ARTICLE IX. INSURANCE § 9.01. The Third Party Company will secure insurance in amounts no less than those indicated herein, and furnish City with a certificate of insurance to evidence the policies before any work shall begin. The Third Party Company shall be solely responsible for submitting renewal information in a timely manner. Permits shall be denied to any Third Party Company that has any expired insurance listed below and fails to document renewal with the City. City shall have no responsibility for any costs associated with the required insurance. GENERAL LIABILITY$1,000,000 per occurrence/$2,000,000 aggregate AUTOMOBILE LIABILITY $1,000,000 combined single limit, or Split limits of: $250,000 bodily injury per person/ $500,000 bodily injury per accident/ $100,000 property damage PROFESSIONAL LIABILITY(Errors and Omissions) If purchased as an excess policy,the certificate must state the inclusion of Professional Liability $500,000 per occurrence and annual aggregate in force for five years from date of certification WORKERS C-0:4PENSATION FINAL 01-16-08 8 Statutory benefits for Workers Compensation Employers Liability limits: $100,000 each accident/occurrence $100,000 Disease,each employee $500,000 Disease,policy limit §9.02: The City of Fort Worth shall be shown as an additional insured on general liability and automobile policies. All policies shall provide a Waiver of Subrogation on behalf of the City of Fort Worth. § 9.03. Insurers of required insurance policies shall be acceptable to the City of Fort Worth in terms of financial solvency and strength and have a current A.M. Best Key Rating Guide rating of A:VII or be reasonably equivalent thereto. Insurers shall be licensed by the Texas Department of Insurance (TDI) to do business in the state of Texas or be otherwise authorized as eligible to do business in the state of Texas. Alternative retention groups or risk pools may be acceptable to the City of Fort Worth pending qualifications by TDI and require advance approval by the City of Fort Worth. §9.04.Third Party Company representatives are not employees or subcontractors of City: Third Party Company acknowledges that he or she, if an individual, or it, if an entity, will contract directly with the agent for the property for performance of plan review and/or inspection services, on terms approved by the parties. The undersigned and the officers, agents, employees, and subcontractors of Third Party Company shall not be deemed officers, agents, employees or subcontractors of the City of Fort Worth. The City of Fort Worth shall have no liability to Third Party Company or to any person retained by the undersigned, including but not limited to liability for payment for services. §9.05. The Third Party Company agrees to notify City promptly upon the receipt of any claim or lawsuit brought in connection with any injury, death or damages as a result of performing services under this Agreement. The Third Party Company agrees to make its officers, agents, and employees available to the City, at all reasonable times for any statements and case preparation necessary for the defense of any claims or litigation for which the City may be responsible hereunder. §9.06. Nothing herein shall be deemed to constitute a waiver of any immunity or affirmative defense,which may be asserted by City or The Third Party Company as to any claim of any third party. §9.07. Nothing herein shall be construed in any manner, to create a cause of action for the benefit of any person not a party to this Agreement, or to create any rights for the benefit of any person not a party to this Agreement not otherwise existing at law. ARTICLE X. CONFLICTS OF INTEREST 10.01. Third Party Company shall have no substantial interest, direct or indirect, in projects on which they are retained to perform plan review or inspections, or in the owners, contractors or FI`ATi t 01-16-08 9 subcontractors of such projects. This shall include, but is not limited to, projects in which the Third Party Company or its assigned employees, has a substantial interest, participated in the design, preparation of plans, or construction. and projects involving owners, contractors or subcontractors in which the person has a substantial interest. §10.02. "Substantial interest" means: a. Owners or employees of the Third Party Company have any voting shares of the entity, or has other business or financial interest in the entity, provided that the direct or indirect ownership by Owners of employees by the Third Party Company as an inactive investor of not more than five percent of the outstanding voting securities of an entity listed for trading on a national stock exchange or quoted on any nationally recognized automated quotation system shall not be deemed a violation of the provisions of this Agreement b. Employees of Third Party Company received more than 10% of his or her gross income for the previous year from the entity, except for income derived for services as a third party organization; C. Owners or employees of the Third Party Company serve as an elected officer or a member of the board of directors or governing board of the entity; d. The owner or any employee of the Third Party Company is employed by the entity; e. The Third Party Company received more than 50% of its gross income for the previous year from the entity as determined by an outside, independent, third party agency agreed to by the City and the Third Party Company and submitted to the City no later than April 15`h for the preceding calendar year;or f. The Third Party Company has been paid additional compensation for noncompliant plan review or inspection results or agreed to provide noncompliant plan review or inspection in exchange for future business. § 10.03. An "entity" means a sole proprietorship, partnership, firm, corporation, holding company,joint stock company,receivership, trust, or any other entity recognized by law. § 10.04. In the event of the loss of a major client or during the start-up period for a new Third Party Company, the City may temporarily waive the limitation on percentage of gross income from a single source. However, the Third Party Company shall advise the Building Official in writing of the temporary potential conflict and the timeline to remedy such potential conflict. This notice shall be provided as soon as the Third Party Company should reasonably be aware of the imbalance. The City may require an additional 10% quality control inspections for a fee equivalent to the fee for after-hours inspections. ,§14.05...Failure to disclose potential conflicts of interest to the City may result in suspension or t�;V,,on of this agreement. F12 �Q16�ta8 ,., 10 ARTICLE XI. NOTICES §11.01. Any notice, demand, request or other communication hereunder given or made by either party to the other shall be in writing and shall be deemed to be delivered whether actually received or not,when deposited in the United States mail,postage prepaid,certified or registered mail, return receipt requested, addressed to the parties hereto at the respective addresses set out below,or at such other address as they may hereafter specify by written notice so given. a. If to City: Director of Planning and Development City of Fort Worth 1000 Throckmorton Street Fort Worth,TX 76102 b. If to the Third Parts Company: Richard Emerson _ ileen Merritt Inc.`s ATS Engineers & Inspectors .Austin,_Te)(;;,,.7.B746 ........ ARTICLE XII. GENERAL PROVISIONS §12.01. Amendments to Agreement. My amendment to this Agreement must be in writing and signed by the Third Party Plumbing Company and the City Manager of the City or hisiher designee, except as provided on Exhibits "A"or "B" in the Plumbing Inspection Agreement for adjustments in permit fees, collection amounts for this inspection program and additional plumbing inspectors. §12.02. Non-Exclusive Agreement. It is understood and agreed that retention of the Third Party Plumbing Company by the City to perform the Services, and for the purposes stated in this Agreement, is not exclusive. §12.03. Force Majeure. The Third Party Company 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 goverrnnent. § 12.04. Independent Contractor. The Third Party Company shall operate hereunder a5 an independent contractor and not as an officer,agent,servant, or employee of the City. Third Party Company shall have the exclusive control of, and the exclusive right to, control the work designated to the Third Party Company to be performed hereunder, and all persons performing the same, and shall be solely responsible for the acts and omissions of .its officers, agents, servants, contractors, subcontractors and enmployecs. Neither Cite nor Third Party Company FINAL 01-16-08 I 1 '� is w , �_ 9 shall be responsible under the Doctrine of Respondeat Superior for the acts and omissions of its officers, agents, servants, contractors, subcontractors, or employees. Provided,however, that no provision of this Agreement shall operate or be construed as a waiver by either party of any immunity from liability which it has or could be asserted under the doctrine of governmental immunity or any other immunity which it has under law. § 12.05. Prior Agreement 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 subject matter. § 12.06. No Termination on Bankruptcy. Bankruptcy, insolvency, assignment for the benefit of creditors, or the appointment of a receiver will not affect this Agreement as long as the parties or their respective successors or legal representatives continue to perform all covenants of this Lease. § 12.07. Successors and Assigns. Subject to the limitations contained herein, the covenants, conditions and agreements made and entered into by the parties hereto are declared to be for the benefit of and binding upon their respective successors,representatives and assigns, if any. § 12.08. Invalidity of Provisions. It is agreed that, in the event any covenant, condition or provision herein contained is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall in no way affect any other covenant, condition or provision herein contained; provided, however, that the invalidity of any such covenant,condition or provision does not materially prejudice either party in connection with the rights and obligations contained in the valid covenants, conditions or provisions of this Agreement. § 12.09. Waiver of Immunity. If Third Party Company, Sponsoring Company or Company as a charitable association,political subdivision, corporation, entity or individual enterprise, has or claims an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons,to the extent permitted by law,hereby expressly waives its rights to plead defensively such immunity, including governmental immunity, or exemption as against City. § 12.10. Applicable Laws. The laws of the State of Texas shall govern this Lease and the relationship created hereby. Venue for any action brought to interpret or enforce, or arising out of or incident to,the terms of this Lease shall be in Tan-ant County,Texas. § 12.11. Discrimination. The Third Party Company will not discriminate in the provision of services or execution of this Agreement against any person on the basis of race, color, national origin,religion,handicap, sex,sexual orientation or familial status. § 12.12. Exhibits. All exhibits attached to this Agreement are incorporated and made a part of this Agreement for all purposes. § 12.13. Sole Agre ment. This Agreement constitutes the sole and only agreement of the FINAL 01-16-08 �•? 12 parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. EXECUTED this the Q� ! day of , 200 . ATTEST: CITY OF FORT WORTH: Marty Hendrix Co c` City Secretary Assistant City Manager Approved as to form and legality: By Contract -kuthor.izatios Assistant City Attorney - ►o 3�� b Date THIRD PARTY COMPANY: 81 e� e�rl + � �utt �S I S 1Vi�e,v c r5 � vc� drs Y Authorized Representative: Name: k0.-Cob1 O-k-C�E Title: cN 1 ���ee�,4�rf Signature: L Revised 01-16-08 13 EXHIBIT"A" Commercial—Plan Review qualifications: • Building Code — ICC Building Official certification or Model Code Plans Examiner certification(one required) • Electrical Code — Model Code Electrical Inspector certification, current State of Texas Master Electrical License or FW Master Electrical License(one required) • Mechanical Code—Model Code Mechanical Inspector certification,current FW • Mechanical License or State of Texas Class A or B License(one required) • Plumbing Code — Model Code Plumbing Inspector certification, current State of Texas Plumbing Inspector License or Texas Master Plumber License(one required) • Energy Code — Model Code Commercial Energy Plan Reviewer certification or Commercial Energy Field Inspector certification(one required) Commercial—Field Inspections qualifications: • Building Code — ICC Building Official certification, Model Code Plans Examiner certification or Model Code Building Inspector certification(one required) • Electrical Code — Model Code Electrical Inspector certification with current Fort Worth Master Electrical License or State of Texas Master Electrical License (two required) • Mechanical Code—Model Code Mechanical Inspector certification(one required) • Plumbing Code—Model Code Plumbing Inspector certification with current State of Texas Plumbing Inspector License* (two required) • Energy Code — Model Code Commercial Energy Inspector certification (one required) Residential (one- and two-family dwellings and their accessories) — Plan Review qualifications: • Building Code — ICC Building Official certification, Model Code Plans Examiner certification or Model Code Building Inspector certification(one required) • Electrical Code — Mode Code Electrical Inspector certification, current State Journeyman Electrical License or Fort Worth Journeyman Electrical License (one required) • Mechanical Code — Model Code Mechanical Inspector certification, current Fort Worth Mechanical License or State of Texas Class A or B License(one required) • Plumbing Code—Mode Code Plumbing Inspector certification,current State of Texas Plumbing Inspector License or Texas Journeyman Plumber License(one required) • Energy Code — Model Code Residential Energy Plan Review/Field Inspection certification(one required) Residential (one- and two-family dwellings and their accessories) — Field Inspections qualifications: • Building Code — ICC Building Official certification, Model Code Plans Examiner cercati or Model Code Building Inspector certification(one required) i J035°�?'U� FINAL 01-16-08; ���° 14 • Electrical Code — Model Code Electrical Inspector certification with current State Journeyman Electrical License or Fort Worth Journeyman Electrical License (two required) • Mechanical Code — Model Code Mechanical Inspector certification, current Fort Worth Mechanical License or State of Texas Class A or B License(one required) • Plumbing Code—Model Code Plumbing Inspector certification with current State of Texas Plumbing Inspector License* (two required) • Energy Code — Model Code Residential Energy Plan Review/Field Inspector certification(one required) Notes: 1. All licenses and certifications must be kept up to date. 2. Field inspections must be performed by the specific qualified individual only and the individuals name will be on all inspection reports. 3. Reference to "Model Code" is certification from ICC(formerly ICBO,SBCCI,BOCA), LAPMO or IAEI. 4. Reference to "Master or Journeyman Electrical License" is possession of a current Forth Worth license, a current license from another city that could be reciprocated with Fort Worth, a current State License or the passing of the appropriate Master or Journeyman test. 5. You are encouraged to look for individuals that already posses a Plumbing Inspector License. However,if an individual possesses the required qualifications, the City will assist the individual in meeting the requirements of the State Plumbing Board. 6. Alternative qualifications,other than the ones listed above,will be considered by the Building Official on an individual basis and approval is at the sole discretion of the Building Official. FINAL 01-16-08 � ��� 15 EXHIBIT"B" THIRD PARTY COMPANY List of Employed or Contracted Inspectors and Plan Reviewers Licenses,Certifications or Levels of Experience Name: Richard Emgg-son See attached Name:Ben Jessamine See attached Name; Robert Rogers See attached Name: Name: Name: Name: Namc: Dame: Name: FINAL 01-16-08 16 RICHARD EMERSON, C.B.O. EDUCATION Pre-Engineering, Austin Community College, 2002 Construction Technology, University of Houston, 1992 Coursework toward BS in Computer Science, University of Maryland, 1989 Career Seminars and Classes Building Professional Institute Commercial Electrical Inspections Residential Electrical Inspections Electrical Calculations &TDLR Rules and Regulations Non-structural plan review International Energy Conservation Code Inspection and Plan Review U.S. Dept. of Energy COMcheck provisions for Texas— IECC vs. ASHRAE ICBO, Fundamentals of Mechanical Inspection seminar University of Houston, Houston, Texas 1992 45 C.E.U. in Residential Construction Inspection 45 C.E.U. in Residential Mechanical Inspection National Safety Council, First Aid, Level 1 National Safety Council, CPR and Emergency Cardiac Care PROFESSIONAL LICENSES AND CERTIFICATIONS Certifications by the International Code Council: Accessibility Inspector/Plans Examiner Building Code Official Building Inspector Building Plans Examiner Certified Building Official Commercial Energy Inspector Commercial Energy Plans Examiner Mechanical Inspector Plumbing Code Official Plumbing Inspector Plumbing Plans Examiner Residential Combination Inspector Residential Electrical Inspector Residential Energy Inspector/Plans Examiner Texas Dept. of Licensing and Regulation-Registered Accessibility Specialist License#RAS-245 Texas State Board of Plumbing Examiners Licensed Plumbing Inspector# 1-2149 Austin Community College, Certified Fire Flow Tester 2001 Texas Real Estate Commission Professional Inspector License# 3435 Texas Department of Health Code Enforcement Officer certification#CE1544 Texas Dept. of Licensing and Regulation Texas Accessibility Academy University of Houston, Houston, Texas 1992 45 C.E.U. in Residential Construction Inspection 45 C.E.U. in Residential Mechanical Inspection National Safety Council, First Aid, Level 1 National Safety Council, CPR and Emergency Cardiac Care ,y j1L 16 Professional Experience Certified Building Official, Eileen Merritt's, Inc. dba ATS, Austin, Texas August 2001 to September 2003, March 2006 to Present Manage the North Texas Division of ATS. Duties include contract acquisition and specifications provider/ writer, hiring personnel, budget proposals and staff delegation of duties. Provide on- site inspection of new construction and existing structures. Inspections include code compliance, property condition, foundation pre-pour, structural framing, final grade, and all stages of warranty inspections required. Conduct code compliance plan review for municipalities and perform specific plan review for Texas Department of Housing and Community Affairs. Verify compliance with the International Energy Conservation Code for Residential and Commercial Projects through report writing of REScheck and COMcheck reports. Perform code enforcement duties for municipalities. Perform plan review and inspection for TAS as a Registered Accessibility Specialist licensee. Plans Examiner, Bureau Veritas Graham Marcus, Plano and Fort Worth, Texas September 2003 to March 2006 Conduct code compliance plan review as a City of Fort Worth TPO and numerous North Texas municipalities. Provide plan review and inspection for compliance with the Texas Accessibility Standards as a licensed RAS. Work product to include report documentation for special inspections, COMcheck and REScheck Energy Code compliance reports, and bid specifications for contracts. Performed code compliance, phase and special inspections on commercial projects for clients. Taught classes on code and TAS for architects and engineers. Owner/Operator, Corridor Professional Inspections, San Marcos, Texas March 2000 to August 2001 Combination Inspector, Construction Consulting, Professional Real Estate Inspection Services and Texas Accessibility Standards plan review and inspection. Combination Building Inspector, City of San Marcos, San Marcos, Texas October 1996 to March 2000 Combination Building Inspector Owner/Operator, Cornerstone Homes, San Marcos, Texas March 1994 to October 1996 Owner/Builder, Residential Building Company Residential Construction Builder, Texas David Weekley Homes, Inc., May 1993 to September 1994 Scott Felder/Ryland Homes, August 1992 to May 1993 Dover Homes, Inc., Houston, Texas, May 1990 to August 1992 Residential Construction Builder, Maryland Winchester Homes, Inc., Greenbelt, Maryland, February 1992 to May 1990 Began employment as Assistant Superintendent Residential Construction, achieved Superintendent position The Milton Company, Springfield, Virginia May 1988 to February 1989 Customer Service, Assistant Superintendent Trainee Fj Pettit & Griffin, Rockville, Maryland June 1987 to May 1988 Customer Service/Warranty 17 Richard B Emerson " Richard B Emerson Residential Energy InspectorJPlans Examiner Residential Combination inspector The individual named hereon iS CERTIFIED in t1w Category shown, The Inouiduzi named hereon:sCERTIEiED in the category shown, having been so tertifle4f pursuant tC successful completion of the having i:,en so rertified pursuant to successful completion of the Prescribed written recluiramf nt5 prescribed wr ttcn requirements. Expiration date:Novembe, s30, 9 .' G.tI?ir3t3(1n Qdtr_°:Npv2mq r7,tO 2r 99_NO.1036'095-79 s r4,+.Y Ho 103508s„R5 C. {r?. 1t Na Va id UnIess lgned I}Y ertlficat.Holder. N t valid unless si4neci by Certifir.atr-holder.r.'t .., ,_ ,...(-, Richard B Emerson Accessibility lnspector1'lans Examiner Richard B Emerson The individual names Hereon is CERTIFlFf1 in the ca[egery shown, Certified Plumbing Code official having been so certified pursuant to SLIGCFS5fJl COnipietiClr 6f MCI The individual?tarried h©rFOn i5 r,ERTiFIEO In the faEegory Shown. presCribed written requirements i av,,fig bean sc certified pursuant to successful completion of the Expiration date.Novemb 0.2 9 f y pr,,cntKd,,neaten rFquiYEmentS No 10360>35.21 �...� ''" L 1� � +� Expiration date:November 3r 2,009, s ' Nlltvaitd unless signori by cnicific ate.holder. J' Not valid unless Signed b9 Cer fiffiC7CP holder. Richard B Emerson Residential Electrical Inspector Richard B Emerson Plumbing irnpcctor The individual named hereon Is CERTIFIEV in Ene category sh"n, having been so certified pursuantto SWUSsfUt C-OmPlFtaon of the The individual named hereon is CERTIFIED in the Category shown, prescribed written requirements t:aving ne n so certiified Dursuantto successful completion of the Expiration date:Novemb 0 2009 �� prescribed vrrittPn requirntnpnts. Na.103608541 Expiation date;Movertttier n ' Not valid unless signu�,Cry i t rtittcati 1m0ider- No.1036065-P5 Ii-C'&-,"au �j0 all unless signed by'r Prtill'icite older. Richard B Emerson Mechanical Inspector Richard B Emerson Plumbing Plans Examiner The Individual named hereon is CERTIFIED in the category shown, having been so certified pursuant to successful completion of the The individual named nereon is CERTIFIED in trie category Shown, prescribed written requiremerim having besn socertified pursuarttto successfu!completion of the Expiration date:Novemb7,30,2pn8 i' prescribed vritt?n requirements- No 1036085 MS J't l.E:. � ''"" Expiration^fats.:Novern 3Q„ M;�ppgg Nvalid unit�ss it)ned b4 rs rtlficate n ilder. __. zy F3o 1036085-P3 -tt NOt'�i�7lltl unless sit,Dtis�d by C'ettiffCBtP npidff iil.'i,., ,cP .r ... .r alas ,.•N1.. r,T ctrxruan7s. Richard B Emerson Richard 9 Emerson Building Plains Examiner Certified Building Official Ttte inclivicivai named hereon is CERTIFIED In ttlL rAt,"90r%'shOwrl The,individual namr,'cl r)err-ean is CEPTIFIEL)in the.cat E'gory shmpin having been soicerufled pursuant to successful conivietion of the having of"011 s")cortilipi-'I purSUAI)t tC of the prescribed written requirement$ orwcrjVel jot!rteri requirr-nwint5. rixionratlion date:November 2049 «r Expiration clate, NoVeMbPA 30 Z009 I ; No 10MUSS-ca Not va id unless slimed tw Certifi-W IMider Wt V01il UnIeSq ICC,e""* . -Mo"Y'! Richard 8 Emerson "X:, Richard 9 Emerson Certified Building Code Official Commercial Energy Inspector Tine individual named tjemon is CERTIFIED in thi,category shown, The individual namedherC.On IS CERTIrJEC in the citi,;-grri stlavin hayinq 10 rtifv�d pursuant to successful corriPfetiorl Of the having oeen So certified pursuant to -�orapk:*.Ion of Tht� prr�scirihpo written r(7qUirRn1E*ntS I. prescribed written requiremeriv;, -ff /e* Expmlon date NovembelVp Zaoq 4 Expiration dMNoVeNo m?OG9 No.1036095-77 � No 103630-96 - h W�AVAld 14niLss ign1db cefticarp holder. rvali Ln lips, nd 11V cprtitcate hower If C !�q'j j, Richard 8 Emerson Richard B Emerson Commercial Energy Plans Examiner Building Inspector The,Individual named hereon Is(,'ERTIPIEV in the(:atcqorr shown The inowidual njrj)nCl tic-reotj is CERTIFIFD in the category shown, naying 11)eien so certified Pursuant to stjcc�iissfui corripipflon of thF Mrvin+l teoni.qo cerffie.d j)ursuant ro sumesshil COMmetiOn of the Prescribed written requirements r;rew.rloocl written rcquirempints. Expiration date:Novem"W.2009 e, Expiration rjaEe.NovemmirI .- -1200q NO.103 I=5-7 8 .2 No, A No valid tiniF,,s sjqned by tpirtificato hol,,.Ipr Notvalicl unless Signed bY Certificate hoiden 17 —4 RICHARD B. EMERSON } INSPECTOR 41 t s UCENSE NO. OF D.O.B. S 1-2149 07/04/1964 EXPIRES }s} 01/31/2009 i • IS HEREBY LICENSED IN ACCORDANCE WITH CHAPTER 1301 OCC.CODE THIS LICENSE IS NOT TRANSFERABLE SIGNATURE �� ;'4a ' TEXAS STATE BOARD OF PLUMBING EXAMINERS HAIRMAN EXECUTIVE DIRECTOR IN WITNESS WHEREOF,WE HAVE SET OUR HAND AND SEAL `. TEXAS STATE BOARD OF PLUMBING EXAMINERS 929 EAST 41 st ST.,(ZIP 78751 P.O.BOX 4200,AUSTIN,TX 78765 FAX(512)450-0637 OFC(512)936-5200 www.tsbpe.state.tx.us BEN JESSAMINE Professional Experience Plans Examiner, Eileen Merritt's, Inc. dba ATS, Austin, Texas May 2007 to Present Conduct code compliance plan review for municipalities. Verify compliance with the International Energy Conservation Code for Residential and Commercial Projects through report writing of REScheck and COMcheck reports. Provided consultation to engineers, architects and general contractors for code compliance. Plans Examiner, Bureau Veritas Graham Marcus, Plano and Fort Worth, Texas September 2003 to March 2006 Conduct code compliance plan review as a City of Fort Worth TPO and numerous North Texas municipalities. Work product to include report documentation for special inspections, COMcheck and REScheck Energy Code compliance reports, and bid specifications for contracts. Performed code compliance, phase and special inspections on commercial projects for clients. Plans Examiner, City of Fort Worth, Texas October 1997 to February 2001 Conduct code compliance plan review as a plans examiner and senior plans examiner. Provided consultation to engineers, architects and general contractors for code compliance. Building Inspector, City of Fort Worth, Texas August 1994 to October 1997 Performed code compliance, phase and special inspections on commercial and residential projects for the City of Fort Worth. Provided consultation to engineers, architects and general contractors for code compliance. Professional Certifications Certifications by the International Code Council Building Plans Examiner— UBC Building Plans Examiner Building Inspector Accessibility Inspector/ Plans Examiner Commercial Building Inspector Residential Building Inspector 21 IMF BENNY A JESSAMINE BENNY A JESSAMINE Building Plans Examiner Building Plans Examiner UBC The Individual named hereon is CERTIFIED In the Category shown,having been 50 certified pursuant t0 Successful The Individual named hereon Is CERTIFIED In the category completion of this prescribed Written requirements. shown,having been so certified pursuant to successful _xpiratlon date:Pebnray 4,20M Completion of the prescribed written requirements. No.0348568.83 Flralration tlate:February q,209y !jn allotTi un ed YcertHCate nolger. No.0848568d0 •�� If'(..nxierall n areas In MRk"M k—kdae of runes and standards. NOt d unless 5lgnetl by certificate holder. ILC cMilMxwal aces»In.rnnpvrvvr ba�wkdpr afmdr andara,Wds. BEN A JESSAMINE m nrcr` BENNY A JESSAMINE rwn BUILDING INSPECTOR - ACCESSIBILITY INSPECTORIPLANS EXAMINER The Intl Mdusl ne. hereon is CERTIFIED In ale Category shown,hating The individual named heron Is CERTIFIED In i e wWM shown,how" been so, Ills Purassl to sucaealul Completion of fen pwaatbad been W cenleed Wisivanito Wdoeasfut ConplelWn of fen phasolebld Won ens i 9 atio. wrillen amminalon. Ewi s*a dale AIM 18,2008 Expinbon date:June 10,2000 No, 08Y88IiB8 No.8848668,i1 41 Net va10 urhless signed byoerUrale holder. Not veld u iam 0I08ed bV tam8rab frdtder. ICC Cedlra8n afsestrb mrlpafaer knawledys afadr aM atartlarrb. ICC art8el8ae arfsa s to d"Peeerhf bwd+' IIIa/eeaYs aredetndrd8. OWNS BENNY A JESSAMINE "" BENNY A JESSAMINE n�� COMMERCIAL BUILDING INSPECTOR RESIDENTIAL BUILDING INSPECTOR The BIdiMOual named hereon In CERTIFIED In the colegory shown,having The Individal named hereon is CERTIFIED in the cots"shoos,having bean so aNOW pursuant ID Successful cornoelon of 0e prescribed been so eer0led Pursuant a SuMasaha OW0611011 of de 966" W antler eami allon written examnatbn. IF - aorw dale:may 8,2006 F)Ilalbn dan April 29,2009 Nb 0642OU 32 ��, N0.OBrgMiB1 y11 7 hlol veld urNss signed by, 08ea10 holder. 7�r Not veld urlao sWi ed by ostM 1 h,alsr. neearpleadnaMafsboontpatr/fbhOaMdpedeodna/tdaMrManh rccargeca0onanewfocompil, fkn ftdgeofoodmaw rdNde KV T . r ROBERT ROGERS EDUCATION 1968-1970 Sam Houston State University Huntsville, TX College of the Mainland, Texas City, TX PROFESSIONAL LICENSES AND CERTIFICATIONS Certifications by the International Code Council: Building Inspector Building Plans Examiner Mechanical Inspector Plumbing Inspector Residential Combination Inspector Residential Electrical Inspector Residential Energy Inspector/Plans Examiner Texas State Board of Plumbing Examiners Plumbing Inspector, 1-1864, Texas Department of Licensing and Regulation Master Electrician, ME-42096 Texas Department of Licensing and Regulation Registered Accessibility Specialist RAS-1026 Professional Experience Combination Residential/Commercial Building Inspector and Plans Examiner, Eileen Merritt's, Inc. dba ATS, Austin, Texas May 2007 to Present Code Inspector/Consultant Acting Building Official for three local cities. Third party code inspector Combination Inspection types including but not limited to: Commercial & Residential Plan Review for residential and commercial projects. Review for Building, electrical, plumbing and mechanical codes Review of zoning and landscape ordinances. Forensic, foundation pre-pour, stress. Texas Accessibility Standards (TAS) inspection and plan review (RAS-1026) Combination Inspector, C & C Engineering, Inc., Austin, TX July 2004-May 2007 All phases residential, commercial Plan Reviewer Combination Inspector,City of San Marcos,San Marcos,TX 2002-July 2004 Municipal residential and commercial combination inspector Plan Reviewer Code Enforcement 19 J Combination Building Inspector,City of Pflugerville, Pflugerville,TX 2001-2002 Municipal residential and commercial combination inspector Plan Reviewer Floodplain Administrator Building Official City of Lago Vista, Lago Vista, TX 1998-2000 City of Bastrop, Bastrop, TX 1996-1998 Supervise, hire and train Building Inspectors and Permit Technicians Formulate Department Budget Write City Building Code Ordinances Municipal residential and commercial combination inspector Plan Reviewer Planning & Zoning Director Floodplain Administrator Interests Capital Area Building Official Assoc., past President UNID 20 • r Robert R Rogers Robert R Rogers r ;.,,:,,• Mechanical Inspector Residential Energy InspectorfPlans Examiner The individual narned hereon Is CERTIFIED In the category The individual named nereon Is CERTIFIED in the category S110wi1,Ilavulg been so certlhed 01fr5uant to successful shown.having been so Certified pursuant to successful completion of the prescribed written requirements completion Of the prescribed written requirements. FxuiS077 date:July 7, 0 . - ^�, No.50lon 0-7 July 7. tU0 5077590•MS � �-�G—c=�•n#.-- .� • ,• 6�,r.�_ N0.5077590.79 � �.,.�'� Not valid unless Sign,. by ertiflcate howler. Not valid unless sii7tled by ttlfltate holder. i(f 7i•i;;i71'dlh9ti dFlr?I°fu 1'f1r1N1eltYlt�IIf7tYIHf1{;2 Uf t'off!`Y NFr]S6tOfi h r'S j!( ,, r1,iY.(<RV,Iq;lit!•,li trF t rrrr i(x ir417 i.rxnl'ti'Yf�{1•U7 r'Nr11•..ntri•.F.trxr,lfri'. Robert R Rogers Rogers rr,nv...:r••i 4e r i•.,.w,.., Robert R 9 ;rf..n•+_c Plumbing Inspector ""' Building Plans Examiner ThQ IndtVldual nallled hereon IS CERTIFIED in tr1e raIe. ihC Indivlduil named hereon is CERTIFIED ul Lie cit,ti0ry shown,having been so certified pursuant to successful shown,having baen so certified pursuant to successful comptetinn of the prescribed written requirements. complet.lon of the prescribed writren requirements. Expiration date-.July�_2if Expiration date:July 7,201 _ _�TI No.5077590•PS Y.O�&I \ No.5077590.83 try ._�- j" NOL valid unless stgned y ,rtificate holder. Not valid unless ruined 4fifirate hcI if a rtvfr!M:Ii,rLi.rlfr'�f+Hr,)rfrlJu^!'i•i L•:rnrrP�!r•ul r ntiP d.•t<'�krrU.N[4�. u't :n[!;, Itut .nil••l•Nr i rr,> irrY i:V;:ylrYr Sr•:•i 101,'ttVl%f..lAnif., Robert R Rogers Robert R Rogers Residential Electrical inspector "'°" Building Inspector The individual named hereon is CERTIFIED in the category The.individual named hereon IS CERTIFIED in the categnry ;110YV11,haVI11Cl used SO CP.rt.ftled pursuant to successful Showti.Ilaving been so certified pursuant to SUMIRSSfUI coinpICLIDII of the prescribed writr.en requirements. completion of the prescribed written requirements. EkplrltlOn date:JLlly 7, 0 �- ExDiratlon date July 7. 0 No 5077590 E1 II'1v` ` ��'✓ No. 5077590•CS Not valid unless Signed bV cert cite holder. Not valid unless signed by c rtificate tinider. k f 4 vviih,!giwl duet,If,rnrnitrl[ra knf:wlefip,•r:f nxia,,111(1 sttrtt!•urk• fr't,'ce'uG't;diuu.rnr•.r.rn rnn;;>•fr•n)irI, tiJ,r W rrFrA'a AfW fllrtd:1`6' • F TEXAS DEPARTMENT OF UCENSLNG AND REGVLA77ON The person named on this card may perform the duties within the scope of work authorized by applicable law though the expiration date shown on the front of the card. William H. Kunti, Jr. �I W Executive Dfrpctor Texas Departnierit/f Licensing and Regulation i �, I C �1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/30/2007 DATE: Tuesday, October 30, 2007 LOG NAME: 06PLUMBING INSP REFERENCE NO.: **C-22488 SUBJECT: Authorize to Enter into Agreements with Qualified Third-Party Plan Review and Inspection Firms and Plumbing Inspection Firms to Provide Plan Review and Inspection Services RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to enter into agreements with qualified third-party plan review and inspection firms to provide plan review and inspection services at the request of developers, builders and other customers in the City of Fort Worth; and 2. Authorize the City Manager to enter into agreements with professional plumbing inspection firms to perform plumbing inspections at the request of the City. DISCUSSION: Since March 2, 1999, (M&C G-12492) the City of Fort Worth has operated a third-party plan review and inspection program 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 schedules for various projects. Eight years later, these third party companies have become a necessary and valuable partner in the delivery of plan review and inspection services while the City continues to grow at a rapid rate. On January 16, 2001, (M&C G-13127) the City Council authorized ordinances and funds to enable the City to pay these third-party firms for plumbing inspections to ensure that the third-party program complies with State law. On December 18, 2001, (M&C C-18898) the City Council authorized the City Manager to enter into agreements with independent, professional plumbing inspectors to perform inspections within the City of Fort Worth. Contracts with individual plumbing inspectors, rather than agreements with the firms that employed them, became necessary due to a Texas State Plumbing Board rule change that required that payments from Cities be made directly to the plumbing inspectors. The current participants in the third party program complete an application to be certified as an approved firm; however, they are not engaged in a formal agreement with the City. In addition, during the 2007 legislative session, HB 1850 was passed into law and restores the City's ability to contract with plumbing firms rather than the individual inspectors for plumbing inspections. Staff has prepared formal contracts to address both of these issues. The contracts acknowledge the volume of work handled by these firms and the City's goal to ensure quality service whether performed by City personnel or certified private firms. The new contracts specifically provide for the City's ability to suspend or terminate third-party firms that are unable to maintain sufficient accuracy rates or who demonstrate lapses in professional standards. The contracts mandate periodic meetings and training with staff. Finally, the plumbing inspector contracts mandates appropriate billing procedures. Logname: 06PLUMBING INSP Page 1 of 2 Currently, there are 12 third-party firms that are certified to perform these services in the City of Fort Worth. It is anticipated that all of these firms will engage in the new contract. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by- Dale Fisseler (6140) Originating Department Head: Fernando Costa (8042) Additional Information Contact: Susan Alanis (8180) Logname: 06PLUMBING INSP Page 2 of 2