The URL can be used to link to this page

Home My WebLink AboutContract 28166+ , �i�� i'a�R� „ GON'��A�i � . .i' . �� , � ' C�TY OF FURT VV4TORT�33 � PLUI�BIl�dG YNSP�CTiOIv AG�REE�E�TT City af Fort �Torth (hereinai�er refened io as the "City"), and �r '<� , � , (hereinafter re�ezxed to as tl�e "Plumbir�g ZDc�� This Agreement made this �� day of t�c��e � , 2�, between the Tnspector"). Xn consideratinn of the mutual pxomises con.tained in this Agree�nen�, the paxfies agree as follows: R�CITALS '�he City of Fort Worth is a home rule municipal corparation of the State of Texas, located within Tarrattt and Denton Counties, Texas. � The City desires to retain a Plurnbing Inspector to provide the Services as set aut in Exhibit, "A" which is attached hereto atad made a part h�reof for all purposes, being hereinafter re��rr�d to as the "Services". , T1ne �'lumbing Inspector agrees to perforzn th� services as set aut in E�ibit "A". AGREENfENT The City and Plumbing Xnspeetor, for and in consideration of the mutual cavenants herein, set forth a�ree as follows: It is agreed that the City re#ains the Plumbing Tnspector to pravide the Services as set ou# in Exhibit "A", subject to the terms, conditions, and stipulations under th�s Agreement. CO � ENSATIUl� � For and in consid�xation of the Services rendered t�y the Pluanbing Inspec�ox, the City shali pay and the Plumbing Snn.sp�ctor shall receiv� the fees set �orth in Exhibit "A" attached k�ereta and ineozpoxated herein by reference. Plumbing Inspector shall noi accept az�y compensation or anythir� oi value from any contractor or owner_whose wor% is being inspected by the Plumbing Inspector. ' � '�,',� � � ,. , .. A1ViE1�TDNLENTS TO AGREEIi�ENT Any amendment to this Agreement � m�st be u� writing and signed by the Plumbing �sp�etor and the City Manager of the City. 1�TOIV'-EXCLUSIVE AGREEMENT It is undcrs#c�od and agreed that retention of the Plumbi�,g �nspector by the City #o p��orm the S�rvic�s, and far the puxposes stated in this Agreement, is not exclusive. ASS�STAI�ITS Tkie Plumb:ing Zn.spectoz does not have the right ta emplay assistants or sub plumbing Inspectors to pexform the Ser�ices withaut the advanc�d written cons�nt of the City Devefopment Directar. Al,l. assistants or sub-plum6ing inspectors employed �y the Plumbing Inspector shal� be licensad plumbing inspec�ors, INDEMNIF�CATION Plumbing Inspector assumes th� �ntire responsibility and liability for any claim ax action based on or ar'ssing out af injurz�s, including death, Eo persons ar damages to ar destruction of pro�erty, sustained ar all�ged to have been sustained in conne�tian wi,th ax to have arisen out of ar incidenta� to the perfor�nan�e of this contract by Plumbing Inspector, regardless of whether such claims or ac�ions are founded in whole ox in �art upon aIl�ged neg�x�ence of the City of Fort Warth, its of�cers, agents or employees, or the employ�es, agents, invitees, or �icensees thereof �n respect #o any such matters as set out alaove, Plumbing Inspector further agrees tn indemni�y and hold harmless the City af Fort Worth, its afficers, agents and employees and agrees to defend any claim or suit or action at Plumbing Inspector's own expense when suit is bro�ght against the City of Fort Worth, its o�cers, agents �r eFnployees, and employess, agents, invitees, and licensees there�f. X1�TSURAI�ICE It is agreed between Plumbing Inspector and City af Fart Worth that Plumbing Ins}�ector will secur� and fwrraish City - with a certif cate of ��, ];iabi;l,�t,� �� 3 '� � � d. The Plumbing Xnspeatar agrees to and represents that it wi11 not in any fashion ` discriminate in the pravision af Services against any person because af race, color, religion, national origin, sex, age, disability, palitica� belief, �e�al orientatinn ox a£filiation. X1�1DEpENDENT �Ol�i'1,`RACT4� It is #he express agreement and understanding of the partias that Plumbing Tnspec#or is in all X�S17EC�5 an independent contrac#or of the City. The re�ationship between the Plum�ing Inspec#or and the City is that af an inde�endent contraetor, Neither party is an ernployee, servant, ar partner of the other, and neither has the right, authority, ar pawer fo direct, bind, ox obligate the other in any way, except. wifhin the context of t�us Agreem�nt. The City is interested only in the resuits to be achieved, and the con�rai of the work wi�l lie solely wi�h Plumbing Inspector. Plumbing Inspector shall set his or her awn fiours of work and the numbe� of hours that he or she shall work to accomplish tha purposes of this Agreement. PR.�OR AGREEMENTS SUPERSEDED This Agreement constitutes the sole and only agreement of the parties ta it, and supersedes any prior understandings vr written or oral agreement� between the parties respecting #his subject �natter.: TEXAS LA.W T4 APPLY T1us Agreement shail be construed under and in accordance wifh the Iaws of the Staia of Texas, and au . obligations af the parties created under this Agzeement are perfo�nable in Taz�rant Caunty, Texas. Venu� shall be �in the state caurts located in Taxrant Caunty, Texas or th� �,Jnited States District Court .for the Northern District of Texas, Fart Worth Division. , � �' 5 . �J � Any natices and communications required to be given in writing by one paxt�y t4 the ather shall be considered as ha�ing been given to the addressee on the date the notice or comrnunicati�n is placed in the United States Mait. Executed, in multiple couriterparts, a# Fort Warth, Texas, on the day and year first above written, and each signed counterpart shall be treatec� as an ariginai far all pt�rpases. ATTEST; - �, � � . . � � . .. G`loria Pearsoz+� City Secretaiy Approved to form and �egality Da�vid Yett, City Attorney $ �.G� � ��.�� . Assistant Ty�Attorney 1'_1 -.-� . Contra�t Ru�hosi��tion r� r_ . r, r l � .. �._ . F.. .,., Date 7 0 CITY O�' FORT 'WORTH � ' ' . , . . . Assistant City Manager PLUlIrIBING INSPECTOR � � . . � , '� ._��-_1 Narne: : _ f . %�o % Title: .� -.�.-�;�� ,�,,.-�.-,r�:t�st , � �, � �� , � ., � - � •- -...:: .':_�. . �_ ._ . -- ��-----..�.._ . _._...� .__ .._ . _ .' _ .. ..._..----. _.:--�-- -.._......---._.....--�-----_-..:.._. -� --- -----.�._..._..:_ _ . _ _ . . , . � . ,. _. . _..._..._ . ' ' . �i�7 O��Oi`t �Oi"t�2, �'�JICLZS . , . . . .. . � _ .. .: ... _ .. ..� � . : : ��a�r�� _ : ��n.r��.:� .��-��t��i . DATE � FiEF'ER�NC� NUMBER ' LOG NAME . ' • PAGE � � . - . "�11610'I : . �*��7 I - � �6PROGRAM--.�. 'i af3 su��cT. � AGREEMENTS �AND �RDINANCES.. ESTAB�.ISHWG TH�RD .PARTY P�.UMB�NG ��• : � -� 1NSPECTION PROG�RAM ., ' � � � � � � � RECOMMENDATiDN: ' � � It Is recomme�ded #hat the City Council:� � . �. . . � '�. Autt�arize the City Manager to en#er into agreements with indeAendent con#ractors for third par�y _ � qlumbing inspectors to �erform plumbing inspections wit�in the City of Fort WortY�; and � � 2. Adopt tY�e aitached ordinances which establish 'iD% as t�e amount retain�d for �ei�v construction building permits to cove�- the maximum amount payable for third party plumbing inspection services; and � � � 3.. Adopk the a#tached ordina�ces which establish 9�°/a as the amount reta9ned #or ail plumbi�g wark permits, o#h�r than new cofistruction, to cover the maximum amour�'�.. payable ior third party plumbing ins��ction services; and . � . � 4. Adopt the afitached appropriation ordinance iricreas9ng esiimated receipts and appropriations in tha . �General Fund by $11�,QOa. � . �. �. , . � , � . . � � . . . - . � , DISCU5514N: � . . � � - . . � � . . .. On March 2, �999 (M&C G-12492), #he City Council.adopfed ordinance.amendments and.directed staff__ to impl�ment a_.program allowing third, party plan re�Iew.a�d i.nspectian s�rvicas for #h� Building,�- . Electrical, Pjumbing and. Mec�anical..Codes.._This. program was necessary to address heavy demands in buildir�g canstructiort inspeciiaris, problems with recr�,i�ir�g and retain�ng � qualified City staff.,�and to better meet the special exper�ise or expediied sched�les for variaus projecis. At the #ime �of Impl�men#ation; the C�ty was ex�eriencing 3D% of a11 inspection regue'sts not beit�g perFarmed wifihin �24 haurs a� t1�� equest, resultin� in a deGrease of pxoduc#i�ity, construction delays and increased costs.�=--:_ T�e third �pat-ty program al[owed contrac�ors �andlor owners of projects to contracf �directly witi� ptan review or ins��ctian firms to pro�ide services normall��defiv�r�d by #he ❑e�elopment ❑�partment.-� On May 2�; 1999 (M&C.G-12568), the City Council authorized a waiver of 90°fo ofth� calcuiat�� uild�ng,� electrical, pluinbing or mecha�n�ca! fe�s for projects m�naged by a third party firm. The callect�on of . 10% fay the City.was de#ermined as the amaunt_necessary:to cover staff costs in_quaiity cantro! :and_ record generatior� or manag�ment. � " � � . On August '16, 20QO,�tha Texas State Board of P�um�ing Examiners (Board} inquir�d into F'ort Wor�i�'s #hird_ Qarty �rogram ta dete�min� if ;#F�e prograrri was uphotdirig the 5#ate" Plumbirig License Law and_ Board"s rules. In pariicutar, the Board F�ad question� regarding� the employment refat�oriship between the � City arid the th9rd .party plumbirig �irispector and fhe = method - nf payment fnr ttiose services: - Subsequent� replies �and communicatians w�th the Board res�lted in the Board'Adm�r�istrato� �u1i�g that the Fart Worth third party plumbing i�spection process was [iot me�ting the requirements of �the Plumbing License Law ar� th� Board's rules. The �matter was forward�d to the Board's Enforcement Comm9ttee for cansideration on September 28, 20�4. , �� , . . . .. . . - _. � - - . . ._.. . . . . .. _ .. .. . . . .. . .._ .. . �-- ----�---�._. . � � + �---------._..___._ ---�----.._..._. , .._..._.---- � --� ��-. . . �'ity Df '.�'Ort . �Orth� . TextxS . -� - - • , . . . . .�.� .�_ . � . �l i�� 6� ��l�1�1�� i1��9��#1�i� . , � ._.._.. ...._.._.... .. .........� .. DA7� . REF�RENGE-'�iUMBER � LOG NAME PAGE. . • '111G10�{ . **C-� �� 7 � � O�PROGftAM � � 3 of 3 suB�ECT , AGREEMENTS AND OR�INANCES ESTAB�ISHING THIRD PARTY P�.UMBING � INSPECTION PROCRAM . : . • . .. Favorable consideraiion by the City Cot�ncil for the third party pfumbin� inspeciion program a�d structure will authorize staff to im�lement t�e program on February 5, 2001. it should be noted that staf�� has been working wit� tY�e 5afety and Community Devefopmeni Committee to crange the structure and amounts of buildirig �ermiis., .Changes of fees and t�e percent waiver for third �arty inspection s�rvices will be recomme�d�d in the near future. At tha� time, the atiac�ed ordinances wEll r�e�d to be ame�ded appro�riately. . FISCAL iNFORMATION/CEFjTIFICATION,: Th� �inance pirecto� cer�if e$ that upon appro�al � of the above recommendations, �urids� will be � availabte, as appro�riated, i� the Generaf Fun�: . � . .• 111iG:k .. � - � • Su6mitted for City Manager's Otfice by; . - - . Milce Groomer 6I40 Originating Department Head: . Bob Riley 89Q1 � �'Ui�iD � ACCQUiVT � � (to� (from) Additianal Informatlon Contact: Bob Riley 8901 Ado�te� Ordinance No� �`�tB's a CENTER � AMOLf�IT � GITY SECRETARY . � _-:. _ -�-:-:��avf� �-. _u- � . ��TY COU�d.C1i. -: .. . , � , ��. JAH ��.6. 2DD1 a , ��4 �� Clt� ot� Wa th,1'�exas � �adopt�d Dr�i�a.ne� i�o� �`�/ �