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1587 Chief Const for Home Insp piggyback Sem Co 0 / , C cITN \ CY) CO i • RO -. Wednesday, June 26, 2013 -1877-4 PURCHASING DEPARTMENT In AZ TRANSMITTAL MEMORANDUM To: City Clerk /City Manager RE: Chief Construction Services Contract for Home Inspections Services- Piggy back with Seminole County Contract. No. RFP.8312.12.AMM The item(s) noted below is /are attached and forwarded to your office for the following action(s): 1 Development Order Mayor's signature n Final Plat (original mylars) 1 1 Reco in 1 Letter of Credit ,R- ' endering C r PO 1 Maintenance Bond ``N: Safe keeping (Vault) n Ordinance 5 Desut Cit ...:-r n Performance Bond n Payment Bond n Resolution Ff City Manager Signature X City Clerk Attest /Signature Once completed, please: n Return originals to Purchasing n Return copies Special Instructions: Marisol Ordofiez / Fro Date T: \Dept_forms \City Clerk Transmittal Memo - 2009.doc Chief Construction Services (Topline Construction Services, Inc.) Piggyback Contract For Home Inspection Services The City of Sanford ( "City ") enters this "Piggyback" Contract with Topline Construction Services, Inc., doing business as Chief Construction Services, (hereinafter referred to as the "Vendor"), under the terms and conditions hereinafter provided. The City and the Vendor agree as follows: 1. The Purchasing Policy for the City of Sanford allows for "piggybacking" contracts. Pursuant to this procedure, the City is allowed to piggyback an existing government contract, and there is no need to obtain formal or informal quotations, proposals or bids. The parties agree that the Vendor has entered a contract with Seminole County, Florida, said contract being identified as "Professional Home Inspection Services Agreement (RFP- 8312- 12- AMM) "; said original contract being referred to as the "original govemment contract "). 2. The original government contract is incorporated herein by reference and is attached as Exhibit "A" to this contract. All of the terms and conditions set out in the original government contract are fully binding on the parties and said terms and conditions are incorporated herein. 3. Notwithstanding the requirement that the original government contract is fully binding on the parties, the parties have agreed to modify certain technical provisions of the original govemment contract as applied to this Contract between the Vendor and the City, as follows: (a). Time Period ( "Term ") of this Contract: (state N/A if this is not applicable). N /A. (b). Insurance Requirements of this Contract: (state N/A if this is not applicable). N /A. 1 (c). Any other provisions of the original government contract that will be modified: (state N/A if this is not applicable). (1). Address change for the City: Notwithstanding the address and contact information for the government entity as set out in the original government contract, the Vendor agrees that he /she /it shall send notices, invoices and shall conduct all business with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue; Sanford, Florida 32771. The City Manager's designated representative for this Contract is Andrew Thomas, Senior Project Manager, Office Of the City Manager, City of Sanford, Post Office Box 1788, 300 North Park Avenue; Sanford, Florida 32771 -1778, telephone number (407 -688 -5132) and whose e-mail address is: Andrew.Thomas @Sanfordfl.gov. (2). Notwithstanding anything in the original government contract to the contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between the parties arising out of this Contract shall be in Seminole County, Florida in the Court of appropriate jurisdiction. The law of Florida shall control any dispute between the parties arising out of or related to this Contract, the performance thereof or any products or services delivered pursuant to such Contract. (3). Notwithstanding any other provision in the original govemment contract to the contrary, there shall be no arbitration with respect to any dispute between the parties arising out of this Contract. Dispute resolution shall be through voluntary and non - binding mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole County, Florida, with the parties bearing the costs of their own legal fees with respect to any dispute resolution, including litigation. 2 (4). All the services to be provided or performed shall be in conformance with commonly accepted industry and professional codes and standards, standards of the City, and the laws of any Federal, State, or local regulatory agencies including, but not limited to, those listed in the exhibits hereto relating to Community Development Block Grant projects, activities and programs of the City and, to that end, any and all Federal laws, rules and regulations applicable to Community Development Block Grant programs, and with regard to work funded under those programs, shall be applicable. (d). All other provisions in the original government contract are fully binding on the parties and will repre t 7 the agreement between the City and the Vendor. Entered thi dayf ,� un C , 2013. Attest: Topline Construction Services, Inc., 4 c jicct., d /b /a Chief Co struction Services By: /A el g Lyn hair Jeffrey R. Clair Vice President President Date: 4;2/2-1 I 1 3 Attest: City Of Sanford ■ 65 \ - ��.Y -�, (de l Lfa t By: net Dougherty, City U Norton N. Bo aparte . ICMA -CM City Manager . dele ation). Date: (Pia& 13 Approved as to form and legal sufficiency. /Mown MIL , -m L. Colbert City � ttome J AONAhE �/' 61 fir1 3 Exhibit "A" [Attach original government contract] 4 1 Maldonado, Anthony From: Maldonado, Anthony Sent: Monday, January 28, 2013 11:53 AM To: 'jclair @chiefinspections.com' Cc: Cretens, Steve; Balagia, Buddy; Hall, Carmen; Luttig, Leo Subject: Completed RFP- 8312- 12 /AMM Award Agreement (Chief) Attachments: Completed RFP- 8312 -12 Agreement (Chief Inspection Services).pdf Good Afternoon, Attached, please find an executed copy of the above referenced contract action. This email will serve as. the County's electronic distribution for this item, and a certified copy will be retained in the Purchasing & Contracts Division Agreement File. Please forward a copy to all necessary individuals within your company. Should you have any questions, please let me know. Anthony Maldonado Procurement Analyst Resource Management Department, Purchasing and Contracts Division 1301 East Second Street, Sanford, FL. 32771 -1468 Phone: 407 - 665 -7122; Fax: 407 - 665 -7956 Email: amaldonado @seminolecountyfl.gov Website: www.seminolecountyfl.gov /purchasing ,."t r e '' 4 v 1 PROFESSIONAL HOME INSPECTION SERVICES AGREEMENT (RFP- 8312- 121AMM) THIS AGR:EEMENI"f is made and cnte u1 into this55 day of 20 1.3, by and between TO?LJYE CONSTRUCTION SERVICES, INC. d/b /a CHIEF INSPECTION SERVICES, duly authorized to conduct business in the State of Florida, whose address is 3374 Rambler Avenue, St. Cloud, Florida 34772, hereinafter referred to as "CONTRACTOR ", and SE:I INOLE COUNTY, a political subdivision of the State of Florida, whose adder is Seminole County Services Building, 1I01 East First Street, Sanford, Florida 32771, hereinafter referred to as "COUNTY". WITNESSETH: WHEREAS, COUNTY desires to retain the services of 6 competent and qualified c o tractor to provide professional home inspection services in Seminole County, and WEEP' 'HAS, COUNTY has requested and received expressions of interest: for the retention of services of contrracturs; and WiLIR AS, CONTRACTOR is competent and qualified to furnish contracting services to I COUNTY and d to provide professional =vices according to the teems and conditions stated herein, NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth hereiru, COUNTY and CONTRACTOR agree as follows: Seedon 1. Services. COUNTY dues herby retain CONTRACTOR to furnish professional services and perfou n these tasks as further described in the Scope of Services attached hereto as Exhibit A and made a part hereof CONTRACTOR shall aIst> be bound by all requirements as contained the solicitation package for RFP- 8312- 12/AMM and any addenda thereto. Required CERTIFIED COPY Profercionsi Home In,peation Services 4grcement MARYANNE MORSE (RFP- 8312- 12!, imiNt) CLERK OF CIRCUIT COURT Pape 1 of21 SEM E COON FLORIDA BY . DEPUTY CLERK services shall be specifically ennumerated, described and depicted in the Work Orders authorizing performance of the specific project, task, or stud). This Agreement standing alone does not authorize the performance of any work or r quire: COUNTY to place any orders for work. Section 2. Term. This Agreement shall take effect oil the date of its a cecution by COUNTY and shall run for a period of tvo (2) years. At the sole option of COUNTY, this Agreement may be renewed for three (3) successive periods not to exceed one (1) year cacti. Expiration of the terra of this Agreement shall have no effect upon Work Orders issued pennant to this Agreement and prior to the expiration date. Oblioatitins entered therein by both parties shall remain in effect until cornpiet:on of the work authorized by the Work Order. Section 3. Aathorizadnn for Services. Authorization for performance of professional services by CONTRACTOR. under this Agreement shah be in the form of written Work Orders issued and x cut d by COUNTY and signed by CONTRACTOR. A sample %cat Order is attached hereto as Fxhibit B. Each Work Oder shall describe the services required, state the dates for cinniuence mont and completion of work, and establish the amount and method of payrr.ent. 1he Work Odors will be issued under and shall incorporate the tams of this Agreement. COUNTY makes ro covenant or promise as to the number of available projects Or that CONTRACTOR will perform any project for COUNTY duffing the life of this Agreement. COUNTY reserves the right to contract with oth z parties for the iiervices contemplated by this Agreement when it is determined by COUNTY to be in the best interest of COUNTY to do so. Section 4. Time for Co:npleion. The services to be rendcr.d by CONTRACTOR shall he commenced as specified in such Work Orders as may be issued hereunder and shall be completed within the time specified therein. Professioaal Home Inspection Services .' reemert (RFP- 8312 - 12,.1) Page 2 or2 Seetion 5. Compensation. (a) The maximum amount of compensation paid by COUNTY for authorized ;professional services by CONTRACTOR shall not -exceed SIXTY THOUSAND and Noi100 DOLLARS ($60,000.00) during the term of this Agreement; provided, howcve•, nothing in this .Agreement shall require COL'NTY to expend any minimum of or the maximum amount thereof, it being understood that all professional services shall be authorized by Work Orders on a when, as and if needed basis as described elsewhere in this Agreement. (b) COUNTY sprees to compensate CONTRACTOR for the professional se vi:.cs provided for under this Agreement on either a "Fixed Fee Basis" or on a "Time Basis Method ". The CONTRACTOR shall be compensated in accordance with the rate schedule attached as Exhibit. C. The CONTRACTOR ha11 also be required to execute the Truth in Negotiations certificate tificate attached hereto as Exhib*t D. Section 6. Payment and Billir-g. (a) If the Scope of Services required to be performed by a Work Order is dearly defined, the Work Order shall be issued on a Fixed Fee Basis. CONTRACTOR shall perform all work required by the Work Order, but in no event shall CONTRACTOR be paid more than the negotiated Fixed Fee amount stated therein. (b) If the Scope. of Services is not clearly defined, the Work Order may be issued on a Time Basis Method and contain a Not to Excel amount If aNat -to- Exceed amount is provided, COl`"I RACTOR shall perform all work requirod by the Work Order, but in no event shall CONTRACTOR be paid more than the ■'ot -to- Exceed amount specified in the applicable Work Order. Professional Hone Inspect on Say ice: Agreement (RFP- 8312- 12 /ttM !) Page 3 of 21 (c) If the Scope of Services is not clearly defused, the Work Order may be issued on c Time Basis Method and contain a Limitation of Funds amount. CONTRACTOR is not authorized to exceed that amol.nut without the prior written approval of COUNTY. Said approval, if given. by COUNT Y, shall indicate a new Limitation of Funds amount. CONTRACTOR shall advise COUNT I whenew:r CONTRACTOR has incurred expenses on any Work Order that equals or exceeds eighty percent (84 %) of the Limitation of Funds amount. (d) For all VI chic Orders issued pursuant to thi. Agreement, CONTRACTOR may invoice the amount due based on the percentage of total Work Omer services actually performed and completed but in no event shall the invoice amount exceed a percentage of the Fired Fee amount equal to a percentage of the total services actually completed. COUNTY shall pay CONTRACTOR cne hundred percent (100 %) of the approved amount on Work Orders. (e) Payments shall be made by COUNTY to CONTRACTOR when requested as work piogrcsses for services furnished, but not mote than once monthly. Each Work Order shall be invoiced separately. At the close of erch calendar month, CONTRACTOR shall render to COUNTY a properly dated itemized invoice descibirg any services rendered, the cost of the services, the name raid address of CONTRACTOR, Work Order Number, Contract Number, and all other information required by this Agreement The original invoice and one (1) espy shall be sent to: Oheeor of County Finance Seminole County Board of County Commissioners Post Office Box 8080 Salford, Florida 32772 Two (2) copies of the invoice shall be sent to: Community Services Department 534 West Lake Mary Boulevard Sanford, Florida 32773 Profesc oral Home. inspection Serv Agreement tRFP- '312 -1 .'A30 -I) Page 4 of 21 (f) Payment shall be made after review and approval by COUNTY within thirty (30) days of receipt of a proper in oicc from CON Section 7. General Terms of Payment and Billing. (a) Upon satisfactory completion of work required hereunder and upon acceptance of the work by COUNTY, CONTRACTOR may invoice COUNTY for the full amount of compensation provided for under the terms of this Agreement less any amount already paid by rOCNTY. COUNTY shall pay CONTRAC'T'OR within thirty (30) days of receppt of proper invoice. (bl COUNTY may perform or have performed an audit of the - records of CONTRACTOR at any time during the term of this Agreement and after final payment to support f nal payment hereund1r. Audits may be pcformed at a time mutually agreeable to CONTRACTOR and COUNTY. Total compensating_ to CONTRACTOR may be determined subsequent to an audit as provided for m subsections ctions (b) .end (c) of this Section, and the total compensation so determined shall be used to calculate final payment to CONTRACTOR. Conduct of thir audit shall not delay final payment as provided by subsection (a) of this Section. (c) In addition to the above, if Federal funds are used for any work under the Agreement, the Department of Housing and urban Development, the Comptrolur Gmeral of the United States, or and of their duly authorized representatives shall have access to any books. docents papers, and records of CONTRACTOR which are directly pertinent to work performed under this Agreient for purposes of making audit, examination, excerpts, and transcriptions. (d) CONTR ACTOR agrees to maintain all books documents, papers, accounting records, and other evidences pertaining to work performed under this Agreement in such a manner as will readily conform to the terms of this Agreement and to make such materials mailable at Professional Horne Inspectlem Services Agrc.tment (RFP -831 2- 12!AMlti) ?ago 5of21 CONTRACTOR's office at all reasonable times during the Agreement period and for five (5) years from the data of final payment under the contract for audit or inspection as provided • for m subsections (b) and (c) of this Section. (e) In the event any audit or inspection conducted after .final payment, but within the period provided in paragraph (d) of this Section re Ads any o✓erpaymcnt by COUNTY under the terms of the Agreement, CONTRACTOR sh:11 refund such overpayment to COUNTY within thirty (30) days of notice by COUNTY. Section 3. Respensibilides of CONTRACTOR. (a) CONTRACTOR shall be responsible for the professional quality, technics' accuracy, competence, methodology, accuracy, and the coordination of all of the following which are listed for illustration purposes and not as a limitation: documents, analysis, reports, data, plans, plats, maps. surveys, specifications, and any and all other services of whatever type or nature furnished by CONTRACTOR under this Agreement. CONTRACTOR shall. without additional coripensaticro, correct or r.Aise any errors or deficiencies in its plans, analysis, data, reports, designs, dravvings, specifications, and any and all other services of whatever type or nature. (b! 'Neither COUNTY's review,, cpproval, or acceptance of, nor payment for, any of the services required shall be construed to operate as a waiver of any rights under this Agreement nor of any cause of action arising out of the performance of this Agreement and CONTRACTOR shall be and always remain liable to COUNTY in accordance with applicable law for any and all damages to COUNTY caused by CON'TRACTOR's negligent 01 wrongful performance of any of the services furnished undue this Agreement Section 9. Ownership Of Documents. All delis erable analysis, reference data, survey dais, plans, and reports or any other form of written instrument or document that may result from Profccsiorsl Home Inspection Services Agreement (RFP- 8312- 12/A }4M) Page 6of21 CONTRACTOR's services or hati e been created during the course of CONTRACTOR's performance under This Agreement: shall become the property of COUN1 Y after final payment is made to CONTRACI OR. Section 10, Termination. (a) COUNTY may, by written notice to CONTRACTOR, terminate this Agreement or any Work Ordcr issued hereunder, in whole or in part at any time, either for COUNTY's convenience or because of the failure of CONTRACTOR to fulfill its Agreement ubligations. Jpon receipt of such notice, CONTRACTOR shall: (1) immediately discontinue all sen-iees affected unless the notice directs otherwise. and (2) deliver to COUNTY all data, drawings, specifications, rcport3, estimates, summaries, and any and all such other information and materials of whatever type or nature as may have been ecx;ulated by CONTRACTOR in performing this Agreamcnt, whether complete() or in process. (b) If the temaitadon is for the convenience of COUNTY, CONTRACTOR. shall be paid compensation for services performed to the date of termination. (c) If the termination is dae to the failure of CONTRACTOR to fulfill its Agreement obligations, COUNTY may take ever the work and prosecute the same to completion by other Agreements or otherwise. In such case, CONTRACTOR shall be liable to COUNTY for all reasonable additional costs occasioned to COUNTY .thereby. CONTRACTOR shall not be liable far such additional costs if the failure to perform the Agreement arias without any fault or negligence of CONTRACTOR; provided, however, that CONTRACTOR shalt be responsible and liable for the actions of its subcontractors, agents, employs, and persons and entities of a similar Professional Home Inspection Sen. ;ces Agreem.t (RFP- 8312 -1 i,AMM) Page 7 of 21 type or nature. Such causes may include acts of God or of the public enemy, acts of COUNTY in its sovereign or contractual capacity fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes_ and unusually severe weather; but, in every case, the failure to perform must be beyond the control and without any fault or negligence of CONTRACTOR. (d) If after notice of termination for failure to fulfill its Agreement obligations it is determined that CONTRACTOR had not so failed, the termination shall be conclusively deemed to have been effected for the convenience of COUNTY. In such event, adjustment in the Agre went price shall be made as provided in subsection (b) of this Section. (e) The right, and remedies of COUNTY provided for in this Section are in addition and supplemental to any and all other rights and remedies provided by laa or under this Agreem .nt. Section 11. Agreement and Work Order In Coofdct. Whenever the teams of this Agreement c with any Work Order issued pursuant to it, this Agre4nent shill prevail. Section 12. Merl Opportunity f+impLoyntent. CONTRACTOR agrees that it will not discriminate against any employee or applicant for employment for work under this Agreement because of race. color, religion, sex, age, disability; or national origin and will tako steps to ensure that applicants are employed and empl.tyees are treat during employment without regard to race, color. rehbion, sex, age, disability, or national origin. This revision shall include, but not be limited to, tliv following: employment, upgradivg, demotion, or transi ; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Section 13. No Contingent Fees. CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for CONTRACTOR to soicit or secure this Agreement and that it has not paid or agreed to pay any Prof:Asional Home Insrectior Service: Agreement (RFP- 8:12 -1:. AMt.1) Page 8 of 21 p, rson, company, corporation, individual, or firm other than a bona fide employee working solely for CONTRACTOR any ice, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, COUNTY shall. Have the right ro terminate the Ag*temcnt at its sole discretion without liability and to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gifi or consideration. Section 14. Conflfct of Interest. (a) CONTRACTOR agrees that it will not contract for or accept employment for the p of any work or service with any individual, business, corporation, or government unit that would create a conflict of interest in the performance of its obligations pursuant to This A greernertt with COUNTY. (b) CONTRAC TOR agroes that it will not take any action or engage in any conduct that would cause any COUNTY empIoyee to violate the provisions of Chapter 112, Florida Statutes relating to ethics in government. (c) In the event that CONTRACTOR causes or in any way promot,s or encourage a COUNTY officer, employee, or agent to violate Chapter 112, Florida Statu.es, COUNTY shall have the right to terminate this Agreement. Section 15.. Assignment. This Agreement_ or any interest herein, shall not be assigned, transferred, or otherwise encumbxed, under any circumstances, by the parties hedeto without prior written consent of the other party and in such cases only by a document of equal dignity herewith. Scctlon 16. Subcontractors. In the event that CONTRACI OR, durirg the course of the work under this Agreement, requires the services of any subcontractnrs or other professional associates in connection v. ith services covered by this Agrxutent, CONTRACTOR must first Professional Herne Ini.pcction Services Ogre xaen: (RFP- 8312 -12.A1 +i; Pap 9of2t secure the prior express written approval of COUNTY. If subcontractors or other professional associates are required in connection with the services covered by this Agreement, CONTRACTOR shall remain fully responsible for the services of subcontractors or other professional associates. Section 17. itndemniilxcation of COUNTY. CONTRACTOR agrees to hold ha ml s , replace, and indemnify COUNTY and its commissioners, officers, employees, and agents against any and all claims, loss:, damages, or lawsuits for damages, arising from the negligent, reckless, or intentionally wrongful provision of services &sounder by CON TRACTOR, whether caused by CONTRACTOR or otherwise Section 35. Insurance. (a) General. CONTRACTOR shall. at its own cost, procure, insurance required under this Section. (I) CONTRACTOR shall furnish COUNTY with a Certificate of Insurance on a current .CORD Form signed by an authorized representative of the insurer, evidencing the insurance required by this Section (Prafesaional Liability. Workers' Compensation/Employer's Liability, Commercial General Liability, and Bu.stness Auto). COUNTY its officials, officers. and employees shall be named additional insured under the Comnicrciai. General Liability policy. If the policy provides for a blanket additional insured coverage, a copy of that section of the policy shall also be provided to COUNTY along v.ith the Certificate of Insurance. If the coverage does not rust, the policy must be endorsed to include the additional insured verbiage. The Certificate of Insurance shall provide that COUNTY shall be given, by policy endorsement, not less than thirty (30) day written notice prior to the e,ane ellation or non-renewal or by a method acceptable to COUNTY. Until such time as the insurance is no longer required to be maintained by CONTRACTOR, CONTRACTOR shall provide COUNTY with a renewal or replacement Profes.:ona1 Home inspection Services Agreement (RFP- 8312- 12/AMM) Par 10 of 21 Certificate of Insurance before expiration or replacement of the insurance for which a previous Certificate has been provided. (2) The Certificate shall contain a statement that it is being proNide3 in accordance with this Agreement and that the insurance is in full compliance with the Insurance requirements of this Agreement The Certificate shall have this Agreement number clearly � �� AS'' Y marked on Its face. (3) In addition to providing the Certificate of Insuranc.4, un a current ACORD Form, upon request as required by COUNTY, CONTRACTOR shall within thirty (30) days after receipt of the request, provide COUNTY with a certified cop) of each of the policies of insrance providing the coverage required by this Section. Certified copies of policies may only be provided by the Insurer, not the Agetit'Broker. (4) :Neither approval by COUNTY. ner failure to disapprove the insurance furnished by CONTRACTOR, shall relieve -CONTRACTOR of its full responsibility for performance of any obligation including CONTRACTOR's indemuifrcation of COUN I Y under this Agreement. (b) Insurance Company Requirements. Insurance companies providing the insurance under this Agreement mast meet the following requirements: (1) Companies issuing policies (other than Workers' Compensation) must be authorized to corduct business in the State of Florida and prove same by maintaining Ceetifcates of issued to the companies by the Department of Insurance of the State of Florida,. (2) In addition. such companies shall, as a minimum have and maintain a Best's Rating of "A -" and a minimum Financial Sire Category of "VII" according to A.M. Best Company. Professional Norte Inspection yenie.es Agreement (RFP- 8312- 12,AMM) Page 11 of 21 (3) If during the period which an insurance company is providing the insurance coverage required by this Agreement, an insurance company shall: (i) lose its Certificate of Authority, or (:i) fal' to maintain the requisite Best's Rating and Financial Size Category, CON TRACTOR shall, as soon as CONTRACTOR has knowledge of any sucb circumstance, immediately notify COUNTY and immediate!) replace the insurance: coverage provided by the insurance c ortipa'y with a different insurance company *netting the requirements of this Agre u.ent. Until such time as CONTRACTOR has replaced the unacceptable insurer with an insurer acceptable to COUNTY, CONTRACTOR shall be deemed to be in default of this Agreement. (c) Snecificatiog_s. Without limiting any of the other• obligations cr liability of C ONTRACTOR, CONTRACTOR shall, at its sole expense, procure, maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in this subsection. Except as otherwise specified in this Agreement, the insurance shall become eff ctivc upon execution of this Agreena nt by CONTRACTOR acid shall be maintained in force until the expiration of this Agreement's teiui and'or the expiration of all Work Orders issued under this Agreement whichever comes first. Failure by CONTRACTOR to maintain insurance coverage within the stated period and in compliance with insurance requirements of COUNTY shall constitute a material breach of this A r eemerit, for which this Agreement may be ii unuliately terminated by COUNTY. The amounts kind types of insurance shall conform to the following minimum requirements: (1) Workers' Compensation/Employer's Liability. (A) CONTRACTOR's insurance shall cover CONTRACTOR for liabiht) which would be covered by the latest edition of the standard Workers' Compensation Professional Home Inapxtieo Services Aga-ment (RFP- 8312- 121AMM) Page 12 of 21 policy as filed for use in Florida by the National Council on Compensation Insurance, without restrictive endorsements. CONTRACTOR will also be responsible for procuring proper proof of coverage from its subcontractors of Every tier for liability which is a result of a Workers' Compensation injury to the subcontractor's employees. The minimum, required limits to be provided by both CONTRACTOR and its subcontractors are outlined in subsection (C) below. In addition to coverage for the rlorida Workers' Compensation Apt, where appropriate, coverage is to be included for the United states Longshoremen and Harbor Workers' Compensation Act, Federal Employees' Liability Act, and any other applicable Federal or State law. (B) Subject to .the restictions of coverage found in the standard Workers" Compensation policy, there shall be no maximum limit on the amount of coverage for liability imposed by the Florida Workers' Compensation Act, the United States Longshoremen's and Harbor Workers' Compensation Act, or any other coverage customarily insured under Part One of the standard W orers' Compensation polio . (C) The minimum amount of coverage: under Part Two of the standard Workers' Compensation policy shall be: $500,000.00 (Each Accidentt 5500,000.00 (Disease - Policy Limit) S500,000.00 (Disease -Each Employee) (2) Conunercial General Liability: (A) CONTRACTOR's insurance shall cover CONTRACTOR for those solar-4g, of liability which vcauld be covered by the latest edition of the standard C:►mmercial General Liability Coverage Form (ISO Form CG 00 01), as fired for use in the Sue of Florida by the Insurance Sen. ices Office, without the attachment of restrictive endorsements other than the Professional Home Inspection Services Agreement (RFP- 8312- 12AMM) Page 13 of 21 elimination of Coverage C, Medical Payment, and the elimination of coverage for Fire Damage Legal I iability. (B) The minimum limits to be maintained by CONTRACTOR (ino usive of any amounts Provided by an Umbrella or Excess Policy) shall be as follows: LIMITS General Aggregate Two (2) Times the Each Occurrence Limit Personal & Advertising $1,000,000.00 Injury Limit Laoh Occurrence Limit $1,000,000.00 (3) Professional Liability Insurance. CONTRACTOR shall carry Professional Insurance Liability insurance with limits of not less than ONE MILLION AND NO:100 DOLLARS (S !,000,000.00). (4) Business Auto Policy. (A) CONTRACTOR's insurance ,.hall cover CONTRACTOR for those sources of liability which would bc, ccvered by Part IV of the later edition of the standard Business 'Auto Policy (ISO corm CA 00 01), as filed for use in the State pf Florida by the Insurance Services vffioe, without the attachment of restrictive endorsemcits. Coverage shall include owned, non - owned and hired aatos or any autos. (B) The minimum limits to be maintained by CONTRACTOR (inclusive of any amounts provided by an Umbrella or Excess policy) shall be per accident combined single limit for bodily injury lability and property damage liability. If the coverage is subject to an aggregate. CONTRACTOR shell maintain separate aggregate limits of coverage applic,ktble to claims arising oat of or in connection with the work under this Agi'eemennt. The separate aggregate limits to be maintained by CONTRACTOR shall be a minimum of three (3) times the per - accident limit required and shall apply separately to each policy year or part thereof: Professional Home Irspection Serv'.ces Agreement (RFP- 8312- 12i.N.MM) Page 14 of 21 (C) The minimum amount of coverage under the Business Auto Policy shall be: LIMITS Each Occurrence Bodily $1,000,000.00 Injury and Property Damage Liability Combined (d) Coverage. The insurance provided by CONTRACTOR pursuant to . thif Agreement shall apply on a primary and non - contributory basis, and any other insurance or self - insurance maintained by COUNTY err COINTY's officials, officers, or employees shall be in excess of and not contributing to the insurance provided by or on behalf of CONTRACTOR. (e) Occurrence Basis. The 'Workers' Compensation policy and the Commercial General Liability and the Umbrella policy required by this Agreement shall be pro■Ided on an occarren e- rather than a claims -made basis. The Professional Liability insurance policy may be on an occurrence basis or claims -made basis If a claims -made basis, the coverage must respond to all claims retorted within three (3) years fallowing the period for which coverage is required and which would have. been covered had the coverage been on an occurrence basis. (f) Obligations. Compliance with the foregoing insurance requ;rements shall not relieve CONTRACTOR its employees. or its agents of liability from any obligation under a Section or any other portion of this Agreement. Section 19. Dispute Resolution. (s) In the event of a dispute related to any pertbrmance or payment obligation arising under this Agreement, the parties agree to exhaust COUNTY dispute resolution proved res prior to filing soil or otherwise pursuing legal rem lies. COUNTY dispute resolution procedures for Professional Home Inspection. Services Agreement (W43 I 2.12/. A. 1'v)) Page 13 of?1 proper invoice and payment disputes are set forth in Section 22.15, "Prompt Payment Procedures," Seminol4 County Administrative Code. Contract claims include all controversies. except disputes addressed by the "Prompt Payment Procedures," arising under this Agreement within the dispute resolution procedures set forth in Section 3.5540. "Contract Claims," Seminole County Admirstradvc; Code. (b) CONTRACTOR agrees that it will file no suit or otherwise putsue legal remedies b2sed on facts or evidentiary materials that were not presented for consideration in COUNT Y dispute resolution procedures set forth in subsectior (a) above of which CONTRACTOR had knowledge Auld failed to present during COUNTY dispute resolution procedures. (c) In the event that COUNTY dispute resolution procedures are exhausted and a buit is filedi or legal remedies are otherwise pursued, the parties shall exercise: best efforts to resolve disput s through voluntary mediation. Mediator selc tion and the pmcedur to be emp oyed in oluntary mediation shall be mutually acceptable to the parties. Costs of voluntary shall be shared equally among the patties participating in the mediation Section 20. Representatives of COUNTY and COiS' iRa CTOR. (a) It is recoviired that questions in the day-to-day conduct of performance pursuant to this Agreement will arise. COUNTY, upon request by CONTRACTOR, shall designate in writing and ,hall advise CONTRAC TOR in writing of one or more of its employees to whom ell communications pertaining to the day - to-day conduct of this Agreement shall be addressed. The designatdl representative shall have the authonty to transmit instructions, receive information and interpret and define COUNTY's policy and decisions pertinent to the work covered by this Agreement. k cafe sional Aacne InsFsction Se -vices Agreement (RFP- $312- 12'AMM) Page 16 'If 21 (b) CONTRACTOR shall. at all times during the normal work week, designate or appoint one or more representatives of CONTRACTTO± . who are authorized to act on behalf of and bind CONTRACTOR regarding all matters involving the conduct of the performance pursuant to this Agreement and shall keep COUNTY continually and effectively advised of such designation. Sectien 21. All Prior Agreements Superseded. This document incorporates and includes all prior negotiations, correspondence, conversations, agrecnents, or understandings applicable to the mutters c "retained herein and the partiis agree that there are no eonmdtments, agreements, ur understanding conceming the subject matter of this Agreement that are not contained or referred to in this document. Accordingly, it is agreed that no deviation froze, the terms hereof shall be pie!hicated upon any prior representations or agreements_ whether oral or written. Section 22. Moth catioas, Anieuitrients or Alterations. No modification, amendment, or alteration in the terms or conditions contained herein shall be effect e unless contained in a v. ritten document executed with the same formality and of equal dignity herewith. Section 23. Independent Contractor, It is agreed that nothing herein contained is intended or should be construed as in any manner creating or establishing a relationship of co- partners betnreen the parties, or as constituting CONTRACTOR (including its officers, employees, and /or agents) the agent representative, or employee of COUNTY for any purpose, or in any manner, whatsoever. CONTRACTOR is to be and shall remain forever an independent contractor with respect to all services performed under This Agreement. Section 74. Employee Status. Perauns map by CON TRACTOR in the performance of se rvices and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service a. other eanp :oyee rights or privileg granted to COUNTY's officers and employees either by operation of law of by COUNTY. Protessioua1 Nome inspection Sanices Agreement (RFP- 8312- 12/AMM) Page 17 of 21 Section 25. Services Not Provided For. No claim for cervices furnished by CONTRACTOR not specifically provided for herein shall be honored by COUNTY. Section 26. Public Records Law. CONTRACTOR acknowledges COIJNTY's obligations under Article I, Section 24, Florida Constitution, and Chaptr.r 119, Florida Statutes, to release public records to members of the public upon request. CONTRACTOR acknowledges that COUNTY is required to comply with Article 1, Section 24, • Florida Constitution, and Chapter 119, Florida Statutes. in the handling of the materials created underthia Agreement and that said statutc- ontrols ova the terms of this Agreement. Section 21. Compliance with Laws end Regulations. In providing all services pursuant to this Agreement. CONTRACTOR shall abide by all Federal, State and local statutes, ordinances, rules, and regulations pertaining to or regulating the provisions of such services, including those now in effect and hereafter adopted. Any violation of said state, ordinances, /tiles, or regulations shall constitute a material breach of this Agreement, and shall entitle COUNTY to terminate this Agreement immediately upon delivery of written notice of termination to CONTRACTOR. This set:tion shall bz deemed to particularly include those statutes and regulations pertaining to the fiinding, development and rehabilitation of affordable housing program administered by the Ua tee States Department of Housing and L;rban Dcvelopmat, the Florida Housing Finance Corporation and in the case of pmfesszonal services rendered in connection with disaster recovery efforts, the Fe decal Fmergency Management Agency and those State agencies who are sub - granting funds to COUNTY from their Mil sources or any of the a fc iementioned grantor agencies and a hich funds are applied by COUNTY to the payment of professional services under this Agreement. Scc?ion 28. Notices. Whenever either party desires to give notice unto the other, it must be gi:vtaa by written notice, sent by registcted or certified United States mail, return receipt rcquisted, Proft,ssiona' Horne lnsp: ction Services Agreement (RFP- 8312 -12A!Y M) Page 18 of 21 addressed to the party for whom it is intended at the place last specified and the place forgiving of notice shall remain such until it shall have been ch::nged by written notice in compliance with the provisions of this Secticn. For the present, the parties designate the following as the respective places for giving of notice, to-wit. For COUNTY: Community Services Department 534 West Lake Mari Boulevard Sanford, Florida 32773 Fetr CONTRACTOR: Toplir.e Construction Services, Ind. d/'b/a Chief inspection Service 3374 Rambler Avenue St. Cloud, Florida 34772 Secdon 29. Rights At Lam w Retn:ined. The rights and remedies of COUNTY. provided for uncle: this Agreement, are in addition and supplemental l o any othc rights and remedies provided by lave. Section 30. Severahfl+ty. If any one or more of the covenants or provisions of this Agreement including any of the Exhibits shell be held to be contrary to any exprvAs provision of law or contrary to the policy of express law, though . not expressly prohibited or against public policy, or shall for any reason whatsoever be held invalid„ then such covenants or provisions shall be null and void and deemed severable from the rema;ning covenants or provisions nt this moment and in no way a.Fiect . the validity of the remaining covenants or provisions thereof.. Section 3I. Miscellaneous. (a) The parties represent to each other that the) have performed :Al things necessary as conditions precedent to enter into this Agreement and therefore, the individuals whose names Professional Home inspection Services Agrt (RFP- 3312- 1 ?JAAPv1) Page 19 of 2 1 appar below have the full right, power and authority to execute this Agreement on behalf of the respective party. (b) This Agreement shall be construed in accordance with the laws of the Staie of rlorida. (.;) This Agreement shall not be construed in favor of one party and against another party by virtue of the fact it was prepared by counsel for one of the parties; both acknowledge that they had ample chance to review the eov; nants hereof and that thi y bad opportunity to consult with their own counsel prior to entering into this Agreement. (d) The pro%isions of this Agreement shall he binding upon and inure to the benefit of the heirs. executors, admintitrators, successors and assigns of the Parties; but this pmvisinn shall in no way alter the restrictions herein in connection with a:3signmcnt. (e) All Exhibits attached hereto are fully incorporated into this Agreement by ief xence and constitute an integral part of the covenantF terms, and conditioes hereof. (1) All section titles and dcscriptive headings of paragraphs in this Agreement an: inserted for convenience only and shall not affect the crostruclion or interpretation thereof f t ).c balance of this page is left irteniionally hlar,k Signatory page follows." Professional Herne Inspection Services Agreem= (RFP 8312 -13 AMM) Page 20 of 2 t IN WITNESS WIEREOF, the parties hereto have made and executed this Agreement on the datc below written for execution by COUNTY. ATTEST: TOPLINE CONSTRUCTION SERVICES, INC. CHIEF INSPECTION SERVICES CLVA- By L cia.; r • ,SmetarY J ' • President [CORPORATE SEAL] Date: _ ?-/ 3 SEMNOLE COUNTY, FLORIDA 4Z M7 rft&IPider Br A.,Li..,SJ.JARTIMANN, County Manager Date: PrinT With ( (.15/6 lz:4;z4,1 assikef Mat N33Xle For the use and name County only. Approval as to form and lcgal sufflency. 1 ir dY County Aticaney AWS' 11,20/12 12 Cik 17 26 1 : FAIkentL4 St rerary Cajni:ng 21312 AgcanatteRrib4312. (AWS) I 29)12.aue Attachments: Exhibit A - Scope ofServices Pxhibit B - Sample Work Ord& Exhibit C - Rate Schedule Exhibit D — Truth In Negotiations Certificate oferinnel Ho= inspection Services Agreement ()P-8312.12 'AMM) Part 21 of 21 EXHIBIT 'A' _ -, SCOPE OF SERVICES RFP- 8312- 12/AMM PROFESSIONAL HOME INSPECTION SERVICES Seminole County requests proposals for Housing Inspection and Work Write -up Services required to assist in the execution of its Housing Rehabilitation and Housing Reconstruction programs, funded by Its SHIP, CDBG, HOME, and/or NSP Programs. A summary of services/tasks requested includes the following: 1. Conduct a complete and thorough assessment inspection of each housing unit to • determine code and safety deficiencies and required as well as aesthetic repairs based on housing standards provided by the County or incorporated by reference or State/local code. 2. Include photographs to document existing conditions, including any and all deficiencies. Photographs must align with report recommendations and sufficiently document and justify the need for identified repairs or the need for reconstruction. Pa 3. Prepare a scope of work or work write -up with detailed bid specifications for the rehabilitation of each housing unit to be rehabilitated, including a. Lead -Based Paint Risk Assessment (as described herein; for pre -1978 housing units) and an asbestos survey and necessary removal/abatement, if applicable. All required variances and permits, Including those for sanitary septic systems or potable water wells, must be identified by the inspector and included in the work write -up. 4. Prepare an item estimate of costs for rehabilitation /reconstruction based on the scope of work/work write -up. Estimates will be prepared using current market cost data. Estimates will include quantities and specific descriptions of locations for the Items of work to be Installed, in the case of rehabilitation. 5. A sketch of the existing floor plan superimposed upon the Property Appraiser's information page shall be provided. Scaled drawings with dimensions are not required. Services/tasks and report content requirements are as follows: Cover Sheet — Report cover sheet will indude the address, property location (Induding parcel identification number), goveming authority for required permitting and for water /sewer service, name of homeowner, date of inspection, and building type (Example: 3 bedroom, 2 bath, block, monolithic slab, etc.). Assessments — Assessments will be requested by Seminole County for residential properties from time to time. The purpose for the assessment is to identify the physical condition of the property to determine the elements requiring rehabilitation or to determine that the property requires complete reconstruction, because it Is not economically feasible to rehabilitate (thresholds will be provided at time of request pursuant to funding source). All major building systems including, but not Nmited to, paint (for pre -1978 units), roof, walls, plumbing, electrical, HVAC, pavement, landscaping, and handicap accessibility will be inspected, as applicable. Additionally, interior finish elements requiring replacement or repair either per code or for aesthetics will be Identified. Inspector must perform the assessment and provide Seminole County with the required scope of work/work write -up within ten (10) business days of the order. The Inspector is responsible for 1 RFP - 8312- 12/AMM - Professional Home inspection Services Page 1 or 4 EXHIBIT ',4 doing its own scheduling of appointments with homeowners for all inspections. Assessments will be conducted in conformance with all applicable construction and/or building codes, whether Federal, State or local. The inspector will note any existing code violations. The assessment will include a detailed list of repairs with estimated costs that conform to applicable codes. The Inspector will be required to exercise care and effort to discover and anticipate hidden and/or incipient problems that may exist. However, it is understood that any destructive testing/inspection will require pre - approval by the property owner and Seminole County. In the event such testing/inspection is needed, Seminole County requires the inspector to provide evidence the homeowner previously approved the testing /inspection and must approve the subsequent repair costs in advance of the destructive testing/inspection being performed. The Inspector is required to provide dimensions (when applicable) for all work to be performed. Specifications should indicate the quality of materials and the exact location in the housing unit where the materials are to be installed. . For commercial/muitifamily properties only, a reserve analysis table identifying capital required to keep the property in good condition for the next ten (10) years will be required. Lead -Based Paint - A Lead -Based Paint Risk Assessment must be conducted for each housing unit constructed before 1978. Such Risk Assessments must be performed by a licensed and/or certified Risk Assessor, and must adhere to the following instructions: 1) Lead -Based Paint (LBP) - The Inspector must provide an LBP Risk Assessment that utilizes an X -ray fluorescence analyzer process; no other process will be deemed acceptable to the County. These assessments must be performed pursuant to the following regulations: a. 24 Code of Federal Regulations part 35 (httplibrgov.com/dept/ocd/pdf/1012_3final.pdt); b. Section 302(c) of the Lead -Based Paint Poisoning Prevention Act (http://uscode.house.gov/download/pis/42C63.bd). 2) Ucensing and Standards - The County requires an EPA Certified Lead Paint Inspector or Risk Assessor to perform the LBP Risk Assessment and/or a LBP inspection certification provided by a lead State (Florida is not a lead State) as defined by the EPA (www.epa. gov/ opptintr /lead/pubs/traincert.htm). Note: If the LBP Inspector/Risk Assessor is employed directly by the Proposer, then the proposing firm must also be an EPA Certified Lead Paint Activities Firm. Otherwise, the Proposer may elect to sub- contract this service and said sub- contracted firm must meet the afore - mentioned requirements. Copies of all certifications must be Included within the Proposers submittal package. 3) Assessments — Home Inspections on housing units built prior to 1978 must be performed pursuant to U.S. Department of HUD Guidelines for the Evaluation and Control of Lead -Based Paint Hazards in Housing, Chapter 7: Lead -Based Paint Inspection (httpJ/www.hud. gov / offices/I ead /Ibp/hudguldelines/Ch07.pdf). Note that work practices required In the resultant work write -up that specify work specific to LBP requirements are triggered if the amount of LBP (or presumed LBP) that is to be disturbed is equal to or greater than: a. Two (2) square feet in any one interior room or space, b. Twenty (20) square feet on exterior surfaces, 2 RFP- 8312- 12IAMM - Professional Home Inspection Services Page 2 of 4 EXHIBIT 'A' c. Ten percent (10 %) of the surface area on an interior or exterior component with a small surface area, such as a window sill, baseboard, or trim. Septic Tank Inspection — All septic tank systems must be emptied and inspected for leakage, including cracks in the holding tank. Drain fields must be inspected for soil - saturation and adequate soils. If houses on septic systems are experiencing or reporting inadequate sanitary sewage drainage, major drain pipes must be checked for blockage or other problems. Visual Exterior Inspection — The exterior of each housing unit must inspected for signs of deterioration, termite/ DO intrusion, the presence of LBP, foundation weakness, root Intrusion, and any other weaknesses or code violations. In the Proposer's Approach to Work/Methodology, the following information must be provided as part of the response to their 'Approach to Work': • Regarding the LBP Risk Assessment, please provide a detailed explanation of the components (i.e. individual tasks and their associated costs) that make up your firm's proposed LBP Assessment rate, and confirm that your firm's assessment utilizes an X -ray fluorescence analyzer process. • Regarding the Septic Tank Inspection, please provide an explanation for the components (i.e. individual tasks and their associated costs) that make up your firm's proposed rate for each fine item. if your firm's proposed rate differs between the size and age of the housing unit, please explain the difference in each rate. • Regarding the Visual Exterior Inspection, please provide an explanation for the components (i.e. individual tasks and their associated costs) that make up your firm's proposed rate. Photos — All reports will include photographs of existing conditions sufficient to assist Seminole County with cost eligibility requirements, the environmental review process, and any response to State Historic Preservation Office requirements: Historic Review Photo sheet — Properties indicated as 'Historic Eligible' will require a Historic Review Photo sheet. Historic photos will minimally Include pictures of all four sides of the unit, and photos of the street to Include adjacent units. Assessment reports will include photographs of historic exterior features such as windows, transoms, porch details, doors and skirting, as necessary. Scope of WorkNVork Write -up — Inspector will provide a detailed computerized Scope of Work/Work Write -Up consistent with the assessment findings, and as part of the report, within ten (10) business days of the order. The ScopeNVork Wrle -Up will include a reasonable cost estimate for work required, including unit pricing. The Scope/Work Write -up is subject to Seminole County approval, as revisions may be required. The Inspector should eiped up to two revisions as part of this process. The inspector will note any existing violations of all applicable building and housing codes. A sample Work Write -up must be Induded in the Proposal. Cost Estimate - Inspector will provide an itemized cost estimate using current market cost data. The cost estimate will be consistent with the assessment findings and presented in a Schedule of Values using the Construction Specification Institutes (CSI) standard divisions. Estimates will be prepared in a format acceptable to Seminole County. If the Inspector prepares 3 RFP- 8312- 12/AMM . Professional Home Inspecbon 8ervkes Page 3 of 4 EXHIBIT 'A' estimates using software, all calculations and unit pricing In determining the estimates will be made available to Seminole County. This process will include incorporating estimates for work related to LBP treatment/abatement requirements as required under Federal and State law and regulation, and defined by the LBP Risk Assessor's report, when applicable. The Inspector must also be knowledgeable conceming the procedures for lead -based paint and asbestos compliance and abatement and integrating LBP treatment activities into the rehabilitation process. Demolitions require work specifications for bid to ensure asbestos testing and removal compliance, state waste and debris disposal compliance, as well as to avoid utility accidents. Cost estimates must be consistent with Scope /Work Write -ups; therefore the inspector should expect up to two revisions as part of this process. The Inspector is required to write clear and precise specifications for each structure. Specifications will Indicate the quality of materials, the exact location in the house the materials are to be installed, and recommend the methods by which the materials are to be installed. In the case of rehabilitation, a sketch of the existing floor plan indicating work to be completed in each room is required. In the case of a recommended reconstruction, a sketch of the proposed building footprint superimposed on the Property Appraiser's information page is required. The County's project manager may, in some cases, provide assistance in structuring the scopes/work write -ups into a bid package. SELECTION CRITERIA A minimum of 4 years experience woridng on similar protects in the State of Florida is required. The inspector must be familiar with Seminole County's and respective Cities' building and housing codes. The Inspector must also be knowledgeable concerning the procedures for lead -based paint and asbestos compliance and/or abatement and integrating lead reduction activities into the rehabilitation process. Demolitions requre work specifications for bid to avoid utility accidents, compliance with regulations for asbestos testing and removal, and state waste and debris disposal compliance. The Lead -Based Paint Risk Assessment Inspector may or may not be the rehabilitation inspector. LICENSING AND STANDARDS Inspector must be a licensed home inspector by the State of Florida, in addition to a Florida Certified General Contractor, Certified Building Contractor or Residential Contractor. Inspections will be performed in general accordance with standards set forth in ASHI. Lead -Based Paint Risk Assessments will comply with 24 Code of Federal Regulations (CFR) part 35). Scopes/Work Write -up, Cost Estimates, and Specifications will be prepared in conformance with The Construction Specifications Institute Master Format 2012. 4 RFP- 8312- 12JAMM - Professional Home Inspection Services Page 4 of 4 EXEIIBIT Board of County Commissioners WORK ORDER SEMINOLE COUNTY FLORIDA work Order Number: • Master Agreement No.: Dated: Master Agreement Title:, Project Title: Consultant: Address: ATTACHMENTS TO THIS WORK ORDER: METHOD Oii,:COMPENSATION: [ ] drawings /plans /specifications [ ] foe& sis [ ] scope of services [ ] -not-to-exceed [ ] special conditions f 4 tr e sis- ilmitation of funds ,4 a ] r'Ly1nage shall be withheld TIME FOR COMPLETION: The services to be provided by the C011 shall commence upon execution of this Work Order by the parties, and shall be completed with r ih der deny from the effective date of this Work Order. Failure to meet the completion time shall be _ ita Termination of both the Work Order and the Master Agreement for Default r'4, t WORK ORDER AMOUNT: 4 ' , Z . 7 DOLLARS ($ s� `**72 IN WITNESS WHEREOF, the pa tit have made and executed this Work Order on this day of , 20 , for t urpo5'irs stated herein. ATTEST/WI'TNESS: Consultant , Secretary , President (CORPORATE SEAL) Date; BOARD OF COUNTY COMMISSIONERS SEMINOLE COUNTY, FLORIDA WTTNFSSES: By: (Procvrsment A„ayit) Robert Hunter, Procurement Administrator Date: (RoanameKAnarist) As authorized by Section 3.554 Seminole County Administrative Code. OC# ON# Wok Ostia— Contracts, Rev 11/14!11 Page 1 of 3 _ EXHIBIT `B' - WORK ORDER TERMS AND CONDITIONS a) Execution of this Work Order by the COUNTY shall serve as authorization for the CONSULTANT to provide, for the stated project, professional services as set out In the Scope of Services attached as Exhibit "A" to the Master Agreement cited on the face of this Work Order and as further delineated in the attachments listed on this Work Order. b) Term: This Work Order shall take effect on the date of its a cecution by the COUNTY and expires upon final delivery, inspection, acceptance, and release of the final payments and encumbrances of the last approved amount of this Work Omer, unless terminated earlier in accordance with the termination provisions herein. c) The CONSULTANT shall provide said services pursuant to this Work Order, Its Attachments, and the cited Master Agreement (as amended, if applicable) which is Incorporated herein by reference as If It had been set out in Its entirety. d) Whenever the Work Order conflicts with the dted Master Agreement, the Mas Agreen•rent shall prevail. e) METHOD OF COMPENSATION - If the con perhsatbn is based on a�;. �: .,�::. • f �. (I) FDiED FEE BASIS, then the Work Order Amount brnlis the Fcced Fee Amount and the CONSULTANT shah perform all work required *V ts)Iork Order for the Fixed Fee Amount. The Fixed Fee is an all- inclusive Firm Fixed Fite prang the CONSULTANT to complete the work for the Fixed Fee Amount regardlesfoftitosts of performance. The work to be performed by the CONSULTANT shall AC on the Labor Hour Rates estthlished in the Master Agreement that are In effe ..oilil date of the OONSULTANTS price proposal for this project. In no event shall thi.? t O ,7ULTANT be paid more than the Fixed Fee Amount. (11) TIME BASIS WITH A NOT - EXC D AMOUNT, then the Work Order Amount becomes the Not-to-Exceed Amount adkV CONSULTANT shall perform all the work required this Work Order for a s ing the Not -to- Exceed Amount. In no event is the CONSULTANT a incur expenses exceeding the not-to-exceed arnount without the express writtnsent of the COUNTY. Such consent will normally be in the form of an Amend to figs Work Order. The CONSULTANT's compensation shall be based on actual the aual vtcequired by this Work Order and the Labor Hour Rates establlshed in the Master P'" nent that are in effect on the date of the CONSULTANTS price proposal for this p`l. 4 r ( 111 ) TIM + :BASIS WITH A LIMITATION OF FUNDS AMOUNT, then the Work Order Amount becomes the Limitation of Funds amount and the CONSULTANT is not authorized to exceed the Limitation of Funds amount without prior written approval of the COUNTY. Such approval, if given by the COUNTY, shal indicate a new Limitation of Funds amount. The CONSULTANT shall advise the COUNTY whenever the CONSULTANT has incurred expenses on this Work Order that equals or exceeds eighty percent (80%) of the Limitation of Funds amount. The CONSULTANTS compernsatton shall be based on the actual work required by this Work Order and the Labor Hour Rates establ"shed in the Master Agreement (iv) The CONSULTANT may utilize labor categories that are not included in the attached fee proposal, but that have been approved In the Master Agreemert. If a substitution is necessary, the work shall be completed within the approved Time Basis (Not-To-Exceed or Limitation of Funds) Work Order Amount, and In no event shall the Work Order Amount be modified as a result of any changes in labor categories. The CONSULTANT shall submit a written request to the County's Project Manager for approval of any substitution prix to the utilization of any labor category for service, and the County Project Manager's approval of any substitution must take place prix to submissbn of the invoice. Any approved labor • category substitution shall be based on the prevailing labor categories and their associated I WokOiakir- Cardraots, Rev llnanh Page 2 an EXHIBIT `B' hourly rates established in the Master Agreement that are In effect on the date of the County's approval for any substitution. f) Payment to the CONSULTANT shall be made by the COUNTY in strict accordance with the payment terms of the referenced Master Agreement . g) It is expressly understood by the CONSULTANT that this Work Order, until executed by the COUNTY, does not authorize the performance of any services by the CONSULTANT and that the COUNTY, prior to its execution of the Work Order, reserves the right to authorize a party other than the CONSULTANT to perform the services called for under this Work Order; if It is determined that to do so is In the best interest of the COUNTY. • h) The CONSULTANT shall sign the Work Order first and the COUNTY second. This Work Order becomes effective and binding upon execution by the COUNTY and not until then. A copy of this Work Order will be forwarded to the CONSULTANT upon execution by the COUNTY. ,tom tii - _/ I Work Order — Contracts, Rev 11/14/11 Page 3 of 3 EXHIBIT'C' INSPECTION SERVICES RATE SCHEDULE Single Family Homes 0-10 Years of /lee Est. Annual Inspection Rate • Description of Service Qty. (up to 1,500 sf) Extended Cost , Home Inspection (Inspection, Assessment, work Write-Up, and cost Estimate) 3 $678.00 $2,034.00 Septic Tank Inspection 1 1447.00 5447.00 Su�otai: *2,481.00 Est. Annual Inspection Rate Description of Service Qty. (over 1,500 sf) Extended Cost Home Inspection (Inspection, Assessment work Write-Up, and Cost Estimate) 3 $736.00 $2,208.00 Septic Tank Inspection 1 1478.00 1478.00 Subtotal: *2,886.00 Single Family Homes Over 10 Years of Age Est. Annual Inspection Rate Description of Service Qty. (up to 1,500 sf) Extended Cost Home Inspection (Inspection, Assessment, work Write-Up, and Cost Esti„ate) 10 $742.00 $7,420.00 Lead -Based Paint Risk Assessment 8 1326.00 12,eo6.00 Asbestos Survey 8 1341.00 12,728.00 Septic Tank Inspection 8 1447.00 *3,576.00 Subtotal: 116,332.00 Est. Annual inspection Rate Description of Service Qty. (aver 1,500 sf) Extended Cost H W � p . inspection tt Estimate) , Assessment, Work 10 $781.00 $7,810.00 Lead -Based Paint Risk Assessment 8 1344.00 12,752.00 Asbestos Survey 8 *367.00 12,936.00 Septic Tank Inspection 8 $478.00 3,824.00 Subtotal: 117,322.00 Single_ Family , • u . I Ext :. Ior Ins Est. Annual Description of Service Qty. Inspection Rate Extended Cost Visual Exterior Inspection 4 *185.00 8740.00 Total Overall Bid Prlce:Is I RFP- 8312- 12/AMM - Professional Home Inspection Services Page 1 of 1 EXHIBIT `D' "Truth in Neigotiations" Certificate This is to certify that, to the best of my knowledge and belief, the wage rates and other factual unit costs supporting the compensation (as defined in section 287.055 of the Florida Statues (otherwise known as the "Consultants' Competitive Negotiations Act' or CCNA) and required under CCNA subsection 287.055 (5) (a)) submitted to Seminole County Purchasing and Contracts Division, Contracts• Section, either actually or by specific identification in writing, in support of RFP- 8312- 12/AMM — Professional Home inspection Services * are accurate, complete, and current as of Decent her 28, 2012 (Dater*. This certification includes the wage rates and other factual unit costs supporting any Work Orders or Amendments issued under the Agreement between the Consultant and the County. Firm: Chief Inspection Services Signature: erM Name: Jeff Clair Title: President Date of execution** *: December 28, 2012 " Identify the proposal, request for price adjustment, or other submission involved, giving the appropriate identifying number (e.g., PS No.). ** Insert the day, month, and year when wage rates were submitted or, if applicable, an earlier date agreed upon between the party that is as close as practicable to the date of agreement on compensation. *** Insert the day, month, and year of signing. (End of certificate) Revised 6 -1 -10. BLH RFP -8312- 12/AMM — Professional Home Inspection Services Date: 1/8/2013 Time: 10:27 AM To: 14078657858 TruFax - Porto Page: 1 ACORP, CERTIFICATE OF LIABILITY INSURANCE I e ' TITS CERTIFICATE IS ISSUED AS A MATTER OF INTONATION ONLY AID CONFERS NO RIGHTS UPON THE CERTPICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRIKTNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTEFICATE Of INSURANCE DOES NOT CONSTITUTE A CONTRACT B@TVYlEN THE MINING <MSURER(8), AUTHORIZED REPRESENTATIVE OR PRODUCER, MD THE CRRTI9CATE HOLDER. IMPORTANT: Rths eelllesbheldsr Y an ADDITIONAL INSURED, to pokF(lee) met be endorsM HSUIROGAT ON I WANED, added to In time and melons of the poky, mein poloisa mop require an andsiumsi t. A statnrlrrd on this c,ARoate dole net caader rights to She osrUloate holder In Isu Shush endorsenwd(s). mamma Wanda rt GENTRY. I SURANCE AGENCY, INC. e 407.1E6.3301 x104 No, 407. SM. 953 . 175 East Nein Street N1landa0Gealtryins.ccel PO Box 2046 NMM1NteseemasucOVaRAOe NAGS APOPKA, FL 32704 - 2046 M.uesu: Southern - Others Ins. Co. 10190 Meurer Topllne Construction Services Tnc euuaueaa: OSA: Chief Inspection Services INGeatC P 0 Box 700937 eu„o St Cloud, FL 34770- 0937 MURK COVERAGES ' CERTIFICATE NUMBER: 2012 2013 toaster to REVISION NUMBER: 'i ri: i ` 1 7l*i IC l� i* .r f TJ F'.::1 i, .. . • •:."1* `*I'ia 17f, �� • • .•� T INDICATED. N01WITHSTANIIKi ANY REQUIREMENT, TERM OR CONDITION OF NW CONTRACTOR OTHER DOCIJAIBNT WTIH RESPECT TO WHOM THS CERTIFICATE MAY OE ISSUED OR MAY PERTAIN, THE MIIJRANCE AFFORDED SY 7HE POLICIES DESCRIBED MI I IS SUBJECT TO ALL THE TERMS. EXCLUSIONS MD CONDITIONS OF SUCH FOUCIES.•UMRS SHOIMN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 117110FaeURNICE PU. YM.e]en _fin n Laere MORAL 11411.11Y 726437141 1111512012 =macs N 1,000,000 X com ma&seem.tveUTY #ji. rwere 1 a 50,0_00 J cuestace Doan MID CP(Jwm.PM) t • 5 000 A X MOM sloe non 1,000,000 maw 1 2,000,000 oerC AsaREOAtt um/ APPLIES ._ het- PRODUCTS - OOIIIOPAee $ 2,000,000 rcucr n Floc tuTOIbM.eU Inv 7264375411/13/2012 11/1 S13 WW 121-k LM' ; 1,000,000 ANY MAO .ODIY NARY IrrrPit n A NJ. OMED nowt y 11000etUIYPYrsWatng $ X ramAhtoe X NON - l7rM • UleRa.uLIAO H oc= 00,0co ec. _ `,xD L aAeIiAOE mows a o�rt COjoil M ` maw t RR N ON NI iA eACMAOCCdIr a r watasyMle � EL OMAN - eADIPLOM N �hOFOFeltlLnOre bea EL. DIleA$E- PO= L.MN , $ • DINCRP11:010/ OPMATIONO LOCATIONS/WHOM Vie,ahA00M9e4Mdieral wiSAW" Jrw woe le sobs* Ieference Contract: RFP- 1312 -12 /ANN - Professional Homle Inspection Seminole County, its officials, officers 1 employee shall be named as additional insured per the terms and conditions of the policy. 30 day notice of cancellation applies to General Liability except for 10 day notice of cancellation for non - pageant of prairies CERTFICATE HOLDER CANCELLATION FAX: 407.665.7956 MO= NN Or NINJC4iDMQM01►OUOSS mE CNhCLUID perm M a1P ttal$ 1aUElaimOr.NOmOEWU.eEDIINERSD Seminole County Government Purchasing and At COIe?ANrZ MIH rho rOUCYFaOVMLa1R Contracts Division County Manager's Office eut1Iol®neeemen rtmt c.ara- 1301 E. Second St. Sanford, FL 32771 Sandra Arpaia/CNARO 01611114010 ACORD CORPORATION. AM dehte rw.rved ACORD 26 (2010I08) The ACORD name and logo are registered mark. of ACORD Ac •Rd CERTIFICATE OF LIABILITY INSURANCE DATE Yn THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TITS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED , REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(Ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate doss not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER E�ANEU►CT Bailee Eeaneman Citadel Insurance Services, LC . (801) 610 -2700 I Ea Nt (101)110 -2701 826 R. State Rd. , s: bheaae®an8)citadelus.cam Suite 100 INBURERIS) AFPORDIIG COVERAGE NAIC I American Fork UT 84003 asmaka.Creat American 8&8 Ins Co 37532 INSURED INSURER 8 : Topline Construction Services, Inc. POURER C: • DBA: Chief Inspection Services INSURER D: • 3374 Rambler Ave. INSUtERE St. Cloud FL 34772 MEURER F - COVERAGES CERTIFICATE NUMBER.cL1210 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 91DICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INN LTR TYPE OF INSURANCE W R SUER POUCY NURSER !FF MMROU4YY11Y) LRAM GENERAL LIAINUTY �� EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LJANUTY MelieffiligLOGICKGM_ s 100,000 A X I CLAMS-MACE OCCUR X IDLC 2389036 -6326 10/8/2012 10/8/2013 apiMyonepwaan) $ 5,000 PEImoNALaAD miume 3 1, 000,000 caLAGGRECATE s 2,000,000 � GEHL AGGREGATE w RO rTAPPUESPER PDUCTS- COMP�oPAGG s 2,000,000 x I n Pout .ui�r n LDc AtITOMOeBA LIABILITY COMNIMD SINGLE IJATT s _ ANY AUTO • BODILY "'JURY MN person) $ ALL _ O r / BODILY IFUURY r UURY(Paoddent) 5 AUT HIRED AUTOS NON OWNED P DAMAGE S s MORELLA LAB — OCCUR EACH OCCURRENCE $ - - EXCESS UM CLAIMS -MADE AGGREGATE f DEO 1 1 RETENTIONS s WORMERS CONFIRMATION mew s � r Fart AID EMPLOYERS' LABILITY ANY PROPRUITORIPARTNERIEXECUTIYE N / A EL EACH ACCIDENT S OFFICE ABBIER EXCLUDED? (Mandetoey In NH) E.L. DISEASE - EA EMPLOYS S NY!a dacrba und OESCRIFfl0N OF OPERATIONS tstba E.L. DISEASE - POUCY LIED $ A Professional (Rao) MAC 2389036 -6326 10/8/2012 10/8/2013 per CYIT Urnl1 $1,000,000 Retro, 10/8/2009 AOpsMAR $1, 000, 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (MINA ACORD 101. Add80,W Remaen atl,eauN, I mina wee Is re .� Insured Inspector: Jeff Clair. Certificate Bolder is listed as am Additional Insured per the attached CO 2010 07/04 Contract #REP- 8312- 12 /ASD( 30 Day notice of cancellation applies to General Liability except for 10 day notice of cancellation for non- payment of premium CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Seminole County Florida ACCORDANCE WITH THE POLICY PROVISIONS. Resource Mgmt Dept Purchasing & Contracts Division AUrnotuniO REPRESENTATIVE 1301 East Second Street Seaford, FL 32771 Anthony lardley /CAE ACORD 25 (2010105) © 1988 -2010 ACORD CORPORATION. All rights reserved. 1NS025l7111W101 Tha Ar:mmn narna anet learn sirs ronielrra,i inaririt M Ar..nan CG 20 10 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Schedule Name of Additional Insured Person(s) or Organization(s): Location(s) of Covered Operations Seminole County Government, its officials, officers and employees 1301 E. Second St Sanford, FL 32771 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury,' "property damage" or 'personal and advertising injury" caused, In whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the Additional Insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these Additional Insureds, the following additional exclusions apply: This Insurance does not apply to "bodily injury" or "property damage" occurring after. 1. all work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or 2. that portion of your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. Copyright, ISO Properties, Inc., 2004 CG 2010 (Ed. 07/04) Page 1 of 1 Resolution No. 2403 A Resolution of the City of Sanford, Florida relating to the delegation of authority to the City Manager relative to management and implementation of the requirements of the City's Community Development Block Grant Program including, but not limited to, powers relative to the approval and execution of contracts; providing for implementing administrative actions; providing for a savings provision; providing for conflicts; providing for severability and providing for an effective date. WHEREAS, the City Commission of the City of Sanford is involved in many diverse activities as part of the City's operating as complex municipal government including, but not limited, to the City's Community Development Block Grant Program; and WHEREAS, the City Commission of the City of Sanford is vested with certain responsibilities and powers under the provisions of the City Charter of the City of Sanford and the City Manager has other responsibilities and powers under the provisions of the City Charter, and WHEREAS, the City Commission of the City of Sanford desires to empower and direct the City Manager to implement and manage the requirements of the City's Community Development Block Grant Program and to take other appropriate actions to ensure the smooth and efficient operation and functioning of City government; and 1 (Page Whereas, Section 2.04 of the City Charter of the City of Sanford relates to the general powers and duties of the City Commission and provides that "[a]II powers of the City shall be vested in the Commission, except as otherwise provided by law or this charter, and the Commission shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the City by law" and Section 3.04 of the City Charter of the City of Sanford relates to the powers and duties of the City Manager and provides, in pertinent part that "[t]he City Manager shall be the chief administrative officer of the City. The City Manager shall be responsible to the Commission for the administration of all City affairs placed in his or her charge by or under this Charter "; and Whereas, the City of Sanford has complied with all requirements and procedures of Florida law in processing and adopting this Resolution; and Whereas, the foregoing whereas clauses are hereby adopted as the legislative and administrative findings of the City Commission. Now, therefore, be it adopted and resolved by the City Commission of the City of Sanford, Florida as follows: Section 1. Legislative findings and intent. (a). The City Commission of the City of Sanford hereby adopts and incorporates into this Resolution the recitals (whereas clauses) to this Resolution. (b). Although not a land development regulation, this Resolution is consistent with the goals, objectives and policies of the Comprehensive Plan of the City of Sanford. 2IPage Section 2. Delegation to City Manager relating to City's Community Development Block Grant Program. (a). The City Manager is hereby authorized to administer all aspects of the City's Community Development Block Grant Program within City of Sanford municipal government including, but not limited to, the approval and execution of diverse and various types of contracts relating to the implementation of the Program. (b). Notwithstanding the provisions of this Section, the City Manager may determine that it is desirable or appropriate to submit any matter enumerated herein to the City Commission for action as deemed necessary. (c). The City Manager shall report all actions taken under the provisions of this Resolution to the City Commission as soon as practicable after taking such actions. (d). The City Manager shall ensure that all ethics laws are adhered to during the course of procurement actions and activities taken in furtherance of the implementation of this Resolution and the City's CDBG Program. The City Attorney shall assist the City Manager in such adherence to high ethical standards and actions. Section 3. Future Implementing Actions. (a). The City Manager is assigned the responsibility to take any and all necessary administrative actions that may be desirable or necessary to implement the provisions of this Resolution. 3JPage (b). The City Clerk is hereby authorized to attest to the signature �b ) Y Y nature of and g to otherwise fully assist the City Manager in the implementation of this Resolution and the execution of diverse contract documents approved under the provisions of this Resolution. (c). The City Attorney is instructed to assist the City Manager in the implementation of this Resolution. Section 4. Conflicts. All resolutions or parts of resolutions in conflict with the provisions of this Resolution are hereby repealed and rescinded. Section 5. Savings. The prior actions of the City of Sanford relating to the implementation of the City's Community Development Block Grant Program, as well as all related subject matters and processes, are hereby ratified and affirmed. Section 6. Severability. If any section, sentence, phrase, word, or portion of this Resolution is determined to be invalid, unlawful or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Resolution not otherwise determined to be invalid, unlawful, or unconstitutional. Section 7. Effective Date. This Resolution shall take immediate effect upon enactment. 4 1 Page Passed and adopted this 1 day of May, 2013. Attest: City Commission of the City of Sanford, Florida Q &df( ..t -fir � � f , � )001 anet Dougherty, Gity Cleft/ Jeff Tripl 1 R - • r Approved as to form and legal sufficiency. 4 , William L. Colbert, City Attorney 5IPage