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Home My WebLink AboutContract 28323c!i''1t �� o�-�-��° � � — � C�T� �� FOR.'l� i�(]RT� PLTJTbIBIl�d� �I�T��CTIOI�' A��EMENT F� This ,Agreement made this ��-� c�ay of _ 2pp�, batw�n �he City of Fart Worth {hereinafter xefex�ed to as t.�e "City"}, and f " �'� ` ,� �t '_. � _ _ ` ; _ .. �` —, (hexeinaf�er refezxed ta as the "Plumbing � . inspectoar"}. In consic��ration� of the rnutual promises contained in ttiis Agre�m�nt, th� parti�s �.gre� as fol�ows: R�CITAL� The City of Fart Wa:�h is a harn� rufe m�uucip� coxporation of the State af Tex�s, located w�thir� Tazrant and Denton Counties, Te�cas. � Th� City desires ta retain: a Plumbing Inspector to prov�de the Sezvices as �et out in, E�chibit, "A" which is attached heretn ar�d mad.e a part h�revf far all purposes, b�in.g hereinafter ref�rr�d to as th� "�ervices". The Plum,bing Ins�ectar agrees to perfo�n the sezvices as set out in Exhabit "A.". ��,GREETVVjIE1�1T The City and Plu�nbin� Inspector, %r �.d in cansideratzo� of the �mutual covenants �exeir�, set farth agree as �ollaws: . � . � � �t is agreed that the City retains the Pl�mbing Inspector to pravide the Services as set out in Exhibit "A", sub3ect ta the texms, co�ditions, and stzpu��tions under this Ag:reem�nt. C�IV.�P�N�ATIi7k� . �or and zn consideration o£ the �ervices z�cndex�d by #.1� Pluxnbing Tnspectar, the C��y shall �ay a;nd the �'lumbing Inspe�tar shall receive the fees set forth in Exhi�it "A." attached hereto and ix�c�xparated herein by refexe�.c�. Plumbing Inspector shall not accept �ny compensatiom or anything nf value from any contraator or awn.er whose work is bei�ag inspe�t�d by the Plumbuxg Inspecto.r. � .� , .� �4��- � . �.� ., a 0 �rE�A��TT3 TU AGREE1�lfE1*iT Any amendzx��nt to this Agre�xnent mus# be in writing and signed by the Flunabi�g Inspector �d the Cit�r Manager af the City. I�TONnEX��U��VE AGREE�ENT Xt is und��rs�ood and agreed �that retent�vn of the Plumbuxg Inspector� by �e City ta perform �e S��s+ices, and for the puxposes stated in #hia Agr�ement, zs nof �xclusive. A��ISTA,NTS 'I'h.e PIumbiung �nspeotor does not have the right to em�loy ass�stan.ts or sub pl�unbxng inspeetors to pexfo�m the Serv��es without �.he advanced w.rittez� cansent nf the City Develop�a.ent Dix�ctor. All assistants ar sub�plum�in.g inspectors employed by the Plumbing Tnspectox shall be fiaenrsed plumbing uasp�ctors. . LN'DE�ViN�F�CATIOI�i Plumb��g inspector assumes the sntzre re�ponsibility and liabx��ty �or any claim ox a.ctio�n based o�n or arisiz�g out of injuries, including deat�i, to pexsans or damages to or destxuctiox� of p:rnpez�ty, sustained or alleged to have b�en sustained 'zn connection with ar to have axisen aut o� or irxaide�ta[ to the perfamaance a� this contract by Plumb�ng I�rispevtor, re�a�rdless af whether such cla9ms ar actions are f�unded i�n whale nr in part upon all��ec� ne�li�ence af the City o� �'ort Warth, i�s of�cers, agents or �mpXnyees, or �e �mployees, agen#s, znvitses, flr �icensees t�ex�o£ In resp��t ta any such inattexs as set out above, Plumbing inspec�or furth�r agrees ta izide�ai£y and hold harx�.less the City of Fort Warth, its o£ficers, agents and emptoyees and �grees to defend. any claim or suit or aat�o� at Plu�rnbing Insp�ctox's ow� e�pense whan suit is t�rought agax�st the �ity of Fort Worth, i�fis affic�rs, agents oz� e�playe�s, axad employ�e�, agen,ts, invit�es, a7nd licensees �ereo� ��SURAIiTCE I� is agz�eed between Plum�ing ��s�ectax and City of Fort Waz� that Pluanbing Inspec�o�r well secu�r� �nd fur�ish City with, a certificate o£ general. liabilif�y and 3 � d. The Plurnbing �sp�ctor agre�s to and repr�sents that it wi�.l nat in ariy fashion disc:r�minate in the pxov�sion nf Services ag�nst an,y pexsvn because nf xace, color, raligion, natian�l oxzgi�., s�x, age, disability, poiitical beli�f, sexuat axier�tation or af�iliation. �TA��'EI�jDE11j3' CONT`R��TO�t. It is the exp�ress agree�ent anr� understan.c�ing o£ th� paxties �b.at �lumbi�� Ix�spectar xs xn all respects an indep�ndant con�ractor o� the Czty. The relatianship b�tw�en the Plumbxng Inspector and tk�� City is that of an inc�e�pendent contractor. T�Teitk�er pat�ty is an employee, servant, ar partn�x a� th� other, and nei�.h,ex has the right, authority, ar po�vver ta direct, bind, o� obligate the ath�r in any way, except. wzthin the ca�texi of this .A.greement. Th+� City xs x�,terested oa�i.y in the results to �e achieved, az�.d �he con�rol af the vFrark will lie sal�ly �vith Plumbi�g I�aspector. Plumbing Ir�spector shall s�t his �r her own haurs of work and th� nurn�er o� b�ours that he ar she shal� �rrork to accamplish the �wtpases af t�xis .A�gre�mant. P�tiOR AGREEF�ENTS SUP�RSE]DED This Agre�mant constitutes t�e sole and orily agreement of t�e paxtxes t� it, and. supersedes any priar ur�d�rstandings or written ar ora� agreeraents between the �arties respec�ing this subj�ot matter. TEXA� LA.W TO APPLY This �►�r��m�ni shall i�e const�ued under and zn accvrdanc� with the laws of the State o� Texas, and a�I ob1i;��,tions af the p�ies creat�d ux�d�r thi� Agreement ax�e pe�nrmab�e in Tarxant County, Te�as, Venue s�iall be i;n the scate courts located zn Tarra�t County, 'Tex�,s or the United States District Court for the Nr�r�hern Di�ct o£ Texas, Fort Worth Division. 5 �� . , ,. � Any notiaes and cornmunications x�quired to b� gi�en in writing by an� �arty to th� oth�r shall b� cansidered as having been given to the addr�ss�� on the dat� the notice or communication is placed ir� the United States Max�. Execu�d, i�a. mt�ltiple ctiunterparts, at Fort Wo�, Texas, on �he day and year fxrst abov� written, and each sigr��d coun.terpart s�ia11 b� treated as an original for all pur�oses. A'�TEST: _ °�- � �`o t� , . _ ' 1 - .. �' �� .._ __- . U�`Xoria Pears��C�ty Searetary . C�TY UF FORT WO1tTI� Assistant City �axzag�r Appraved to �oz7m and lEgality David �.'ett, City Attorney By �'�- I. /�,�,,�D�-��.- Assistatxt�ity Attorn�ey �-� „ � � . _ �_ ._. . . - - � Cantract 1�utha�i��gi�� ' 11� . �� ; __ _-- Date � PLiJ'MBI�VG INSPECTQR � � � Name� � z � c'� �� -��:.1� -• , Title: � _ �• .,,� �.� Z`��"�� •� � � ,� � � � ;' . � �'ity af �'o�t Wo��`h, Teacas M��r a�d Cou��1 �om��ca�� DATE R�FERENC� NUMBER LOG NAME PAG� 1I1610'{ **�� 31 �,� ` 06PROGRAM 1 of 3 SUBJECT AGREEMENTS AND ORDINANCES ESTABLISHING TH1RD PARTY PL.UMBING INSPECTiON PROGRAM RECOMMENDATION: It is recommended that the City Council: Authorize the City Manager to enter into agreements with independent contractors for third parky plumbing inspect�rs to perform plumbing inspectians within the City of Fort Warth; and 2. Adapt the attached ordinances which establish 1Q% as tf�e amaunt retained for new construction �uilding permifs to caver the maximum amount �ayable for third party plumbing inspection services; and 3, Adopt the attached ordinances which establish 90% as the amaur�t r�tain�d for al[ plumbing work permits, oih�r than new canstruction, to ca�er the maximum amaunt paya�le for third par�y plumbing inspection senrices; and 4. Adopt the attached appropriatian ordinance increasing estimated receipts ar�d appra�riations in the General Fund by $1 � 5,000. DISCUSSION: On March 2, 1999 (M&C G-12492), the City Councii adopted ordinance amendments and directed staff to implement a program allowing third party plan review and inspection services for the Building, Electrical, Plumbing and Mechanical Cvdes. This program was necessary to address heavy demands in building construction insPections, problems with recruiting and retaining quafified City staff, and to better me�t the special expertise or expedited sch�dules far rrarious projects. At the time af implementation, the City was sxperiencing 30% of all inspection requests not being pertormed within 24 hours of the request, resuiting in a decrease of producti�ity, canstruciion delays and increased costs. The third party program allowed contractors andlor owners of projects to contract directiy with plan re�iew or inspection firms to provide services normal{y delivered by the Develapment Department. On May 25, 1999 (M&C G-12568), the City Council authorized a waiver of 90% of the calculated building, electrical, plumbing or mechanical fees fot projects managed by a third party firm. The callectior� of 10% by the City was determined as the amaunt necessaty to cover staff costs in quality contral and record generation or mar�agement. On August 16, zaao, the Texas State Board of Plumbing Exami�ers (Board) inquired into Fort Worth's third party program to determine if the pragram was upholding fhe State PEumbing License Law and Baard's rules. In particular, the Board had questions regarding the employment relatianship between th� City and the third party plumbing inspector and the method of payment for thase services. 5ubsequent replies and communications with the Board resulted irt the Baard Administrator r�uling that the Fort Worth third party plumbing inspection process was not m��ting fhe requirements of #he Pfumbing License Law or the Board's rules. The matter was forwarded to the Board's Enforcement Committee for consideration an Septem6er 28, 2000. G'iiy of �ori Wo�th9 T'exas l��JCa��rr a��. � �unc�l C ��.��cat�� DATE REF�R�NC� NUMB�R LOG NAME 'f 116101 **��13'9 27 SUBJECT AGREEMENTS AND 4RD NANCES INSPECTION PROGRAM 06PROGRAM PAGE 2 of 3 ESTABL.ISHlNG THIRD PARTY PLIJMBING City staff attended the Enforcemeni Committee meeting in September 2000, and it was �etermined that a cantracfual agreement similar to those with otl�er jurisdictions might address th� Board's concerns o# employment and compensatian. A draft agr��ment �etween the City and individual plumbing i�spectors was submitted to #he Board on November 8, 2000, and discussed at their Navember 13, 2000 meeting. Folfawing fhe hearing, th� Board's attorney relayed ta the City that minor changes to t�e agreement would make the contract acceptable to the Board. A revised agreement was submitted to the Board on December 8, 2aa0. The propvsed agreement makes sach third party plum�ing inspeetor an independent contractor of the City and restructures the method of payment for those inspection services. The City will callect, at the time of permitting issuance, a perceniage of the total building permit for the pfumbing portian of a project. lJpon completian af plumbing inspections by th� third parky inspector and invaicing of those ser�ices, fihe City will issue payment for the services rendered. On December 22, 2000, the Board Administrator communicated that the Board's Enforcement Committ�e, Board staff and the Board's attorney had reviewed the Plumbing Inspection A�reement submitted on December 8, 20QD. The Board's attorney advised the Board tf�at under the revised agre�m�nt, fh� relatianship betiween the Licensed Pfumbing Inspectors and the Ci#y o� Fort Worth, along with the method fior compensating the Licensed Plumbing lnspectors, does nat violate the Plumbing L�icense l.aw ar Board ruEes. In order ta begin implementafio� of the restructured third party� plumbing inspec#ion program, it is necessary to authorize the City Manager to er�ter into agreements with each third party �I�mbing inspector as independent contraetors. A copy of the proposed Plumbing Inspaction Agreement is attached. Additiana�ly, it is proposed to withhold 10% of al1 building permii fees for relat�d plumbing inspectian services for each new cons#r�ction project, In the ease of remodeling projects or jobs with anly plumbing work9 the City will collect the entire plumbing permit fee of which 90% will be re�urned as payment for inspecfiori services. These collections will equal fhe maximum amount payable to fh� third party plumbing inspector for s��vic�s rendered. It is estimated that for fhe remainder of tne fiiscal year, collection for �he new construction pra�ects would be $105,000, and callections for the plumbir�g permit only projects would be $10,000. Attached are the necessary ordinance amendments to facilitate this collectian. In order to manage the collections, invoicing and issuance of payments for the third party plumbing inspecfion program, it is estimated that one additional authorized positian and associated office supplies and equipment will be needed. The annual impact on the General Fund budget is estimated to be $43,OQb. The p�'esent implementa�ion af this program will be handled as an overage and more clearly identified in the proposed FY2a01-2002 General Fund budget once actual impact can be determined. C'iiy o,�' 1�'ort Worth, �''exas 11��r �.�cl ��i� Co�r��ni�at�o� DATE rc�rtrtt�VCE NUMBER LOG NAME PACE 1116101 **�.�� 3� �7 06PROGRAM 3 of 3 suB��cT AGREEMENTS AND ORD NANCES ESTABLISHING THIRD PARTY PLUMBING INSPECTION PROGRAM Fa�orable consideration by the City Council for the third party plumbing ins�ection pragram and structure will authori�e staff ta implement the program on February 5, 2001. It should be noted that staff has been working with the 5afety and Community Develapment Committee to change the structure and amounts of building permits. Changes of fees and the perc�nt waiver for third pariy inspection services will be recommended in the near future. A# that time, the attached ordi�ances wili need to be amended appropriately. FISCAL INFORMATIONICERTIFIGATION: The Finance Direcior certifies that upon approval of the above recommendafions, funds will be available, as appropriate�, i� the General Fund. MG:k Submitted for City Manager's Of�ce by: I FUND I ACCOUNT I I (to) � CENTER I AMOU1�iT CITY SECRETARY Mike Groomer Origfnating Department Head: Bob Riley Additional Information Contact: Gi44 � 8901 I (from} Bob Riley 8901 APPROV�D I-16-01 ORDINANCE 1lO. 14485 ORDINANCE NO. 1�4486 ORDINANCE 1V0. 144$y ORDINA[�IC� NO. 14488 ORDINANCE NO. 14489