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HomeMy WebLinkAboutContract 36925 CITY SECRETARY' CONTRACT NO, CITY OF FORT WORTH THIRD PARTY COMPANY AGREEMENT THIS AGREEMENT made this n day of , 20 between the CITY OF FORT WORTH, a home rule municipal corporation of bie State of Texas located within Tarrant, Denton, and Wis Co ties�exas (h einafter referred to as the"City"), and the approved third-party company, rUFliereinafter 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 a mandatory qualification; and, WHEREAS, 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 contained in this Agreement. NOW THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: ARTICLE I. SERVICES PROVIDED § 1.01. The City certifies the"Third Party Company to provide the Services as set out in Article TV subject to the terms, conditions, and stipulations under this Agreement. § 1.02. Third Party Company shall provide plans exam and/or 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,plumbing and energy. § 1.03. A Third Party Company that is separately trained and endorsed by the City may provide wring com 11 ce review in addition to providing plans exams or inspections. __� 13-26-08 P03:39 M 1 § 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 II. 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. -•any^' FINAL 01-16-08 2 ARTICLE TV. 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 reviewer cipals and standards in a professional and workmanlike.manner and to verify compliance with the applicable City of Fort Worth Code or any state codes. §4.01 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 glia,ge with all City codes. The Third Party Company.shall participate as requested � U IEZ. 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. Thud-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 am. 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 am. 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 canstructiuon and notifying the licensed contractor and/or the client that inspections 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. H�wever, 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 discipline up to and including termination of this Agreement. 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. FINAL 01-16-09_:-� 6 19 § 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 VII L 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 (II)ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF THIRD PARTY COMPANY, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CYPY) OR SUBCONTRACTORS, RELATED TO TIME 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 FURTHER PROVIDED BY THE LAWS OF TEXAS. 7 § 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 COMPENSATION 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 (T .) 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 ply. §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 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. §10M. "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 Parry 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. § 10.05. Failure to disclose potential conflicts of interest to the City may result in suspension or termination of this a eement. ,�,f�1;'-,', • ".,-,,J gip" to 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 Party Comp ny: '� to o1UC� ARTICLE XH. GENERAL PROVISIONS § 12.01. Amendments to Agreement. Any amendment to this Agreement must be in writing and signed by the Third Party Plumbing Company and the City Manager of the City or his/her 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 government. § 12.04. Independent Contractor. The Third Party Company shall operate hereunder as 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, con-t�r\r)actors, subcontractors and employees. Neither City nor Third Party Company lk ��UUJJ ;� ud�� 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 Tarrant 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. § 12.12. eSole Agreement. This Agreement constitutes the sole and only agreement of the 12 J III ` i parties hereto and supersedes any prior understanding or written or oral agreements between the parties respecting the subject matter. EXECUTED this the 1 ` day of C \ 200_SJ. ATTEST: CI.TY OF FORT WORTH: Marty Hendi t RiAR City Secretary Assistant City-Manager Approved as to form and legality: ®� By:411 i"All Lujc,- may Contract authorization Assistant City Attorney 3 a b Date THIRD PARTY COMPANY: Authorized Representative: Name: Title: S e: FINAL 01-16-08 r( 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 Phunbing 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 certification or Model Code Building Inspector certification (one required) 04 ��IL�rI S 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: l. 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), IAPMO 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. • alb 15 o �°�9 EXHIBIT "B" THIRD PARTY COMPANY List of Employed or Contracted Inspectors and Plan Reviewers Licenses, Certifications or Levels of Experience ame: SCLA M U� ('f1S CG'{LN Qt 11rt . )n5 Name: hUY\ •, ( d-9,05 1 In. Q a- - m lu.mba,6 " k a< Name: Y \ 05V� ' + I �� �►?� c q- MVA I- Name: 4eolr% jn � Nam I — &SOgAL }nspac o.— Ptu.r►�Jx 1�c9 Kt� \ ukn c� Name: � 'Pju►1c1�� Name: INS � �\A I CUJ Name: . C' 4 FINAL 01-16-08 }' fit}f 16 Name: Name: Name: Name: Name: . vl�` 17 IQ� c 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 I 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