HomeMy WebLinkAboutECHDA24-08 Mountain Home Inspection, Inc._haymeadowAGREEMENT FOR PROFESSIONAL SERVICES BETWEEN EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND MOUNTAIN HOME INSPECTION, INC. THIS AGREEMENT (“Agreement”) is effective as of _________________ by and between Mountain Home Inspection, Inc., a Colorado corporation (hereinafter “Contractor”), and Eagle County Housing and Development Authority, a body corporate and politic (hereinafter “ECHDA”). RECITALS WHEREAS, over the next year ECDHA will be purchasing forty-three (43) units (the “Units”) that will require a professional home inspection at the newly constructed Haymeadow subdivision located at 91 Mount Hope Circle, Eagle, Colorado (the “Property”); and WHEREAS, ECDHA desires to engage Contractor to perform professional home inspections of Units; and WHEREAS, Contractor is authorized to do business in the State of Colorado and has the time, skill, expertise, and experience necessary to provide the Services as defined below in paragraph 1 hereof; and WHEREAS, this Agreement shall govern the relationship between Contractor and ECHDA in connection with the Services. AGREEMENT NOW, THEREFORE, in consideration of the foregoing and the following promises Contractor and ECHDA agree as follows: 1. Services. Contractor agrees to diligently provide all services, labor, personnel and materials necessary to perform and complete the services described in Exhibit A (“Services”) which is attached hereto and incorporated herein by reference. The Services shall be performed in accordance with the provisions and conditions of this Agreement. a. Contractor agrees to furnish the Services no later than May 31, 2025 and in accordance with the schedule established in Exhibit A. If no completion date is specified in Exhibit A, then Contractor agrees to furnish the Services in a timely and expeditious manner consistent with the applicable standard of care. By signing below Contractor represents that it has the expertise and personnel necessary to properly and timely perform the Services. b. In the event of any conflict or inconsistency between the terms and conditions set forth in Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set forth in this Agreement shall prevail. DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 6/18/2024 2 ECHDA Professional Services Final 1/24/2023 c. Contractor agrees that it will not enter into any consulting or other arrangements with third parties that will conflict in any manner with the Services. 2. ECHDA’s Representative. The Housing Outreach Coordinator, Matt Andrews, the Housing Department’s designee shall be Contractor’s contact with respect to this Agreement and performance of the Services. 3. Term of the Agreement. This Agreement shall commence upon the date first written above, and subject to the provisions of paragraph 12 hereof, shall continue in full force and effect through the 31st of May, 2025. 4. Extension or Modification. This Agreement may not be amended or supplemented, nor may any obligations hereunder be waived, except by agreement signed by both parties. No additional services or work performed by Contractor shall be the basis for additional compensation unless and until Contractor has obtained written authorization and acknowledgement by ECHDA for such additional services in accordance with ECHDA’s internal policies. Accordingly, no course of conduct or dealings between the parties, nor verbal change orders, express or implied acceptance of alterations or additions to the Services, and no claim that ECHDA has been unjustly enriched by any additional services, whether or not there is in fact any such unjust enrichment, shall be the basis of any increase in the compensation payable hereunder. In the event that written authorization and acknowledgment by ECHDA for such additional services is not timely executed and issued in strict accordance with this Agreement, Contractor’s rights with respect to such additional services shall be deemed waived and such failure shall result in non- payment for such additional services or work performed. 5. Compensation. ECHDA shall compensate Contractor for the performance of the Services in a sum computed and payable as set forth in Exhibit A. The performance of the Services under this Agreement shall not exceed $12,900.00 at $300 per inspection. Contractor shall not be entitled to bill at overtime and/or double time rates for work done outside of normal business hours unless specifically authorized in writing by ECHDA. a. Payment will be made for Services satisfactorily performed within thirty (30) days of receipt of a proper and accurate invoice from Contractor. All invoices shall include detail regarding the hours spent, tasks performed, who performed each task and such other detail as ECHDA may request. b. Any out-of-pocket expenses to be incurred by Contractor and reimbursed by ECHDA shall be identified on Exhibit A. Out-of-pocket expenses will be reimbursed without any additional mark-up thereon and are included in the not to exceed contract amount set forth above. Out-of-pocket expenses shall not include any payment of salaries, bonuses or other compensation to personnel of Contractor. Contractor shall not be reimbursed for expenses that are not set forth on Exhibit A unless specifically approved in writing by ECHDA. c. If, at any time during the term or after termination or expiration of this Agreement, ECHDA reasonably determines that any payment made by ECHDA to Contractor was improper because the Services for which payment was made were not performed as set forth in this Agreement, then upon DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 3 ECHDA Professional Services Final 1/24/2023 written notice of such determination and request for reimbursement from ECHDA, Contractor shall forthwith return such payment(s) to ECHDA. Upon termination or expiration of this Agreement, unexpended funds advanced by ECHDA, if any, shall forthwith be returned to ECHDA. d. ECHDA will not withhold any taxes from monies paid to the Contractor hereunder and Contractor agrees to be solely responsible for the accurate reporting and payment of any taxes related to payments made pursuant to the terms of this Agreement. e. Notwithstanding anything to the contrary contained in this Agreement, ECHDA shall have no obligations under this Agreement after, nor shall any payments be made to Contractor in respect of any period after December 31 of any year, without an appropriation therefor by ECHDA in accordance with a budget adopted by the Board of ECHDA in compliance with the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 6. Sub-Contractors. Contractor acknowledges that ECHDA has entered into this Agreement in reliance upon the particular reputation and expertise of Contractor. Contractor shall not enter into any sub-contractor agreements for the performance of any of the Services or additional services without ECHDA’s prior written consent, which may be withheld in ECHDA’s sole discretion. ECHDA shall have the right in its reasonable discretion to approve all personnel assigned to the subject Project during the performance of this Agreement and no personnel to whom ECHDA has an objection, in its reasonable discretion, shall be assigned to the Project. Contractor shall require each sub-contractor, as approved by ECHDA and to the extent of the Services to be performed by the sub-contractor, to be bound to Contractor by the terms of this Agreement, and to assume toward Contractor all the obligations and responsibilities which Contractor, by this Agreement, assumes toward ECHDA. ECHDA shall have the right (but not the obligation) to enforce the provisions of this Agreement against any sub-contractor hired by Contractor and Contractor shall cooperate in such process. The Contractor shall be responsible for the acts and omissions of its agents, employees and sub-consultants or sub-contractors. 7. Insurance. Contractor agrees to provide and maintain at Contractor’s sole cost and expense, the following insurance coverage with limits of liability not less than those stated below: a. Types of Insurance. i. Workers’ Compensation insurance as required by law. ii. Auto coverage with limits of liability not less than $1,000,000 each accident combined bodily injury and property damage liability insurance, including coverage for owned, hired, and non-owned vehicles. iii. Commercial General Liability coverage to include premises and operations, personal/advertising injury, products/completed operations, broad form property damage with limits of liability not less than $1,000,000 per occurrence and $2,000,000 aggregate limits. DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 4 ECHDA Professional Services Final 1/24/2023 iv. Professional liability insurance with prior acts coverage for all Services required hereunder, in a form and with an insurer or insurers satisfactory to ECHDA, with limits of liability of not less than $1,000,000 per claim and $2,000,000 in the aggregate. In the event the professional liability insurance is on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Agreement. Continuous coverage will be maintained during any applicable statute of limitations for the Services and Project. b. Other Requirements. i. The automobile and commercial general liability coverage shall be endorsed to include ECHDA, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers as additional insureds. ii. Contractor’s certificates of insurance shall include sub-Contractors as additional insureds under its policies or Contractor shall furnish to ECHDA separate certificates and endorsements for each sub-Contractor. All coverage(s) for sub-Contractors shall be subject to the same minimum requirements identified above. Contractor and sub-Contractors, if any, shall maintain the foregoing coverage in effect until the Services are completed. In addition, all such policies shall be kept in force by Contractor and its sub-Contractors until the applicable statute of limitations for the Project and the Services has expired. iii. Insurance shall be placed with insurers duly licensed or authorized to do business in the State of Colorado and with an “A.M. Best” rating of not less than A-VII. iv. Contractor’s insurance coverage shall be primary and non-contributory with respect to all other available sources. Contractor’s policy shall contain a waiver of subrogation against ECHDA. v. All policies must contain an endorsement affording an unqualified thirty (30) days notice of cancellation to ECHDA in the event of cancellation of coverage. vi. All insurers must be licensed or approved to do business within the State of Colorado and all policies must be written on a per occurrence basis unless otherwise provided herein. vii. Contractor’s certificate of insurance evidencing all required coverage(s) is attached hereto as Exhibit B. Upon request, Contractor shall provide a copy of the actual insurance policy and/or required endorsements required under this Agreement within five (5) business days of a written request from ECHDA, and hereby authorizes Contractor’s broker, without further notice or authorization by Contractor, to immediately comply with any written request of ECHDA for a complete copy of the policy. viii. Contractor shall advise ECHDA in the event the general aggregate or other aggregate limits are reduced below the required per occurrence limit. Contractor, at its own expense, will DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 5 ECHDA Professional Services Final 1/24/2023 reinstate the aggregate limits to comply with the minimum limits and shall furnish ECHDA a new certificate of insurance showing such coverage. ix. If Contractor fails to secure and maintain the insurance required by this Agreement and provide satisfactory evidence thereof to ECHDA, ECHDA shall be entitled to immediately terminate this Agreement. x. The insurance provisions of this Agreement shall survive expiration or termination hereof. xi. The parties hereto understand and agree that the ECHDA is relying on, and does not waive or intend to waive by any provision of this Agreement, the monetary limitations or rights, immunities and protections provided by the Colorado Governmental Immunity Act, as from time to time amended, or otherwise available to ECHDA, its affiliated entities, successors or assigns, its elected officials, employees, agents and volunteers. xii. Contractor is not entitled to workers’ compensation benefits except as provided by the Contractor, nor to unemployment insurance benefits unless unemployment compensation coverage is provided by Contractor or some other entity. The Contractor is obligated to pay all federal and state income tax on any moneys paid pursuant to this Agreement. 8. Indemnification. The Contractor shall indemnify and hold harmless ECHDA, and any of its officers, agents and employees against any losses, claims, damages or liabilities for which ECHDA may become subject to insofar as any such losses, claims, damages or liabilities arise out of, directly or indirectly, this Agreement, or are based upon any performance or nonperformance by Contractor or any of its sub-Contractors hereunder; and Contractor shall reimburse ECHDA for reasonable attorney fees and costs, legal and other expenses incurred by ECHDA in connection with investigating or defending any such loss, claim, damage, liability or action. This indemnification shall not apply to claims by third parties against the ECHDA to the extent that ECHDA is liable to such third party for such claims without regard to the involvement of the Contractor. This paragraph shall survive expiration or termination hereof. 9. Ownership of Documents. All documents prepared by Contractor in connection with the Services shall become property of ECHDA. Contractor shall execute written assignments to ECHDA of all rights (including common law, statutory, and other rights, including copyrights) to the same as ECHDA shall from time to time request. For purposes of this paragraph, the term “documents” shall mean and include all reports, plans, studies, tape or other electronic recordings, drawings, sketches, estimates, data sheets, maps and work sheets produced, or prepared by or for Contractor (including any employee or subcontractor in connection with the performance of the Services and additional services under this Agreement). If you require documents in a particular format insert that information here. 10. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 6 ECHDA Professional Services Final 1/24/2023 respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. ECHDA: Attention: Kim Williams 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328-8773 E-mail: kim.williams@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 E-mail: atty@eaglecounty.us CONTRACTOR: Mountain Home Inspection, Inc. Attn: Matthew Kozusko PO Box 3877 Avon, CO 81620 Telephone: 970-331-5001 E-Mail: matt@mountainhomeinspect.com 11. Coordination. Contractor acknowledges that the development and processing of the Services for the Project may require close coordination between various Contractors and contractors. Contractor shall coordinate the Services required hereunder with the other Contractors and contractors that are identified by ECHDA to Contractor from time to time, and Contractor shall immediately notify such other Contractors or contractors, in writing, of any changes or revisions to Contractor’s work product that might affect the work of others providing services for the Project and concurrently provide ECHDA with a copy of such notification. Contractor shall not knowingly cause other Contractors or contractors extra work without obtaining prior written approval from ECHDA. If such prior approval is not obtained, Contractor shall be subject to any offset for the costs of such extra work. 12. Termination. ECHDA may terminate this Agreement, in whole or in part, at any time and for any reason, with or without cause, and without penalty therefor with seven (7) calendar days’ prior written notice to the Contractor. Upon termination of this Agreement, Contractor shall immediately provide ECHDA with all documents as defined in paragraph 9 hereof, in such format as ECHDA shall direct and DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 7 ECHDA Professional Services Final 1/24/2023 shall return all ECHDA owned materials and documents. ECHDA shall pay Contractor for Services satisfactorily performed to the date of termination. 13. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Agreement, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Agreement shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. Only the following two forms of electronic signatures shall be permitted to bind the parties to this Agreement: (i) Electronic or facsimile delivery of a fully executed copy of the signature page; (ii) the image of the signature of an authorized signer inserted onto PDF format documents. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. 24-71.3-101 to 121. 15. Other Contract Requirements. a. Contractor shall be responsible for the completeness and accuracy of the Services, including all supporting data or other documents prepared or compiled in performance of the Services, and shall correct, at its sole expense, all significant errors and omissions therein. The fact that the ECHDA has accepted or approved the Services shall not relieve Contractor of any of its responsibilities. Contractor shall perform the Services in a skillful, professional and competent manner and in accordance with the standard of care, skill and diligence applicable to Contractors performing similar services. Contractor represents and warrants that it has the expertise and personnel necessary to properly perform the Services and covenants that its professional personnel are duly licensed to perform the Services within Colorado. This paragraph shall survive termination of this Agreement. b. Contractor agrees to work in an expeditious manner, within the sound exercise of its judgment and professional standards, in the performance of this Agreement. Time is of the essence with respect to this Agreement. c. This Agreement constitutes an agreement for performance of the Services by Contractor as an independent contractor and not as an employee of ECHDA. Nothing contained in this Agreement shall be deemed to create a relationship of employer-employee, master-servant, partnership, joint venture or any other relationship between ECHDA and Contractor except that of independent contractor. Contractor shall have no authority to bind ECHDA. d. Contractor represents and warrants that at all times in the performance of the Services, Contractor shall comply with any and all applicable laws, codes, rules and regulations. DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 8 ECHDA Professional Services Final 1/24/2023 e. This Agreement contains the entire agreement between the parties with respect to the subject matter hereof and supersedes all other agreements or understanding between the parties with respect thereto. f. Contractor shall not assign any portion of this Agreement without the prior written consent of the ECHDA. Any attempt to assign this Agreement without such consent shall be void. g. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective permitted assigns and successors in interest. Enforcement of this Agreement and all rights and obligations hereunder are reserved solely for the parties, and not to any third party. h. No failure or delay by either party in the exercise of any right hereunder shall constitute a waiver thereof. No waiver of any breach shall be deemed a waiver of any preceding or succeeding breach. i. The invalidity, illegality or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. j. Contractor shall maintain for a minimum of three years, adequate financial and other records for reporting to ECHDA. Contractor shall be subject to financial audit by federal, state or ECHDA auditors or their designees. Contractor authorizes such audits and inspections of records during normal business hours, upon 48 hours’ notice to Contractor. Contractor shall fully cooperate during such audit or inspections. k. The signatories to this Agreement aver to their knowledge, no employee of the ECHDA has any personal or beneficial interest whatsoever in the Services or Property described in this Agreement. The Contractor has no beneficial interest, direct or indirect, that would conflict in any manner or degree with the performance of the Services and Contractor shall not employ any person having such known interests. 16. Data Security. a. Definitions: i. “ECHDA Data” means all data created by or in any way originating with ECHDA and End Users, and all information that is the output of any computer processing, or other electronic manipulation, of any information that was created by or in any way originating with ECHDA and End Users, in the course of using and configuring the Services provided under this Agreement, and includes all records relating to ECHDA’s use of Contractor Services and Protected Information. ii. “End User” means the individuals (including, but not limited to employees, authorized agents, students and volunteers of ECHDA; Third Party Contractors, auditors and other independent contractors performing services for ECHDA; any governmental, accrediting or regulatory bodies lawfully requesting or requiring access to any Services; customers of ECHDA provided services; and any external users collaborating with ECHDA) authorized by ECHDA to access and use the Services provided by Contractor under this Agreement. DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 9 ECHDA Professional Services Final 1/24/2023 iii. “Protected Information” includes, but is not limited to, personally-identifiable information, student records, protected health information, criminal justice information or individual financial information and other data defined under C.R.S. §§ 24-72-101 et seq., and personal information that is subject to local, state or federal statute, regulatory oversight or industry standard restricting the use and disclosure of such information. The loss of such Protected Information would constitute a direct damage to ECHDA. iv. “Security Incident” means the potentially unauthorized access by non-authorized persons to personal data or non-public data the Contractor believes could reasonably result in the use, disclosure or theft of ECHDA Data within the possession or control of the vendor. A Security Incident may or may not turn into a data breach. b. During the course of Contractor's performance of the Work, the Contractor may be required to maintain, store, process or control ECHDA Data. The Contractor represents and warrants that: i. Contractor will take all reasonable precautions to maintain all ECHDA Data in a secure environment to prevent unauthorized access, use, or disclosure, including industry-accepted firewalls, up-to-date anti-virus software, and controlled access to the physical location of the hardware containing ECHDA Data; ii. Contractor’s collection, access, use, storage, disposal and disclosure of ECHDA Data shall comply with all applicable data protection laws, as well as all other applicable regulations and directives; iii. Contractor will notify ECHDA of any Security Incident as soon as practicable, but no later than 24 hours after Contractor becomes aware of it; iv. Contractor will provide information sufficient to satisfy ECHDA’s legal and regulatory notice obligations. Upon notice of a Security Incident, ECHDA shall have the authority to direct Contractor to provide notice to any potentially impacted individual or entity, at Contractor’s expense, and Contractor shall be liable for any resulting damages to ECHDA. v. Where Contractor has been contracted to maintain, store or process personal information on behalf of ECHDA, it shall be deemed a “Third-Party Service Provider as defined in C.R.S. § 24-73-103(1)(i), and Contractor shall maintain security procedures and practices consistent with C.R.S §§ 24-73-101 et seq.; and vi. Contractor will promptly return or destroy any ECHDA Data upon request from the ECHDA Representative. c. Contractor’s indemnification obligations identified elsewhere in this Contract shall apply to any breach of the provisions of this Paragraph. [Rest of page intentionally left blank] DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 10 ECHDA Professional Services Final 1/24/2023 IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first set forth above. EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY By: _____________________ Kimberly Bell Williams Executive Director VENDOR: MOUNTAIN HOME INSPECTION, INC. By:________________________________ Print Name: _________________________ Title: ______________________________ DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 President/owner Matthew Kozusko 11 ECHDA Professional Services Final 1/24/2023 EXHIBIT A SCOPE OF SERVICES, SCHEDULE, FEES DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 Copyright ©2014 InspectionContracts.com. All Rights Reserved. PO Box 3877 Avon, CO 81620 Page 1 of 3 www.vailinspector.com PRE-INSPECTION AGREEMENT Subject Property to be Inspected: 91 Mount Hope Circle/Haymeadow, Eagle, Colorado Inspection Fee (payable upon report delivery): $300/condominium based on approximately 43 inspections of 1,006-1,081 square feet finished. Inspecting to include interiors of each home, storage areas and garages with individual reports written for each unit. Client(s) Name: Kim Bell Williams or Daniel Murray for Eagle County Housing PLEASE READ THIS DOCUMENT AND ATTACHED ADDENDUM(S) CAREFULLY. IT CONTAINS PROVISIONS THAT LIMITS YOUR RIGHT TO MAINTAIN A COURT ACTION. IF YOU HAVE ANY QUESTIONS REGARDING THE TERMS OF THIS PRE-INSPECTION AGREEMENT YOU SHOULD DISCUSS THEM WITH THE INSPECTOR PRIOR TO SIGNING THIS AGREEMENT. CLIENT AND COMPANY (Company is also defined to include any and all inspectors who perform the contracted-for inspections as an employee or independent contractor of the Company) agree to the following terms and conditions: 1. Client Attendance and Permission to Access Subject Property: The Client acknowledges that Client and/or any authorized representative has been encouraged to attend and participate in the inspection and recognizes that failure to do so may result in less than a complete understanding of the findings. The Client further acknowledges that such participation is at the Client’s own risk. The Client warrants that permission has been secured for the Company to enter and inspect the Subject Property. 2. Standards of Practice: The scope of this inspection is defined and limited by the standards, limitations, exceptions and exclusions as contained in the current Standards of Practice of the International Association of Certified Home Inspectors (“InterNACHI”) posted at http://www.nachi.org/sop.htm and this Pre-Inspection Agreement. Although the Company agrees to follow InterNACHI’s Standards of Practice, Client understands that these standards contain limitations, exceptions, and exclusions. Client understands that InterNACHI is not a party to this Agreement and has no control over the Company or representations made by the Company and does not supervise the Company. An inspection is not technically exhaustive. An inspection will not identify concealed or latent defects. An inspection will not deal with aesthetic concerns or what could be deemed matters of taste, cosmetic defects, etc. An inspection does not include items not permanently installed 3. Definitions and Purpose of the Inspection: A general home inspection is the process by which an inspector visually examines the readily accessible systems and components of a home and operates those systems and components utilizing the InterNACHI Standards of Practice as a guideline. Readily accessible means a system or component that, in the judgment of the inspector, is capable of being safely observed without the removal of obstacles, detachment or disengagement of connecting or securing devices, or other unsafe or difficult procedures to gain access. Material defect means a specific issue with a system or component of a residential property that may have a significant, adverse impact on the value of the property, or that poses an unreasonable risk to people. The fact that a system or component is near, at, or beyond the end of its normal, useful life is not in itself, a material defect. 4. Inspection Report: The Client and the Company agree that the Company, and its inspector(s), will prepare a written inspection report that shall identify, in written format, defects within specific systems and components defined by these Standards that are both observed and deemed material by the inspector. The inspection report may include additional comments and recommendations. 5. Inspection Exclusions: The Company IS NOT REQUIRED TO DETERMINE: (a) the suitability of the Subject Property for any use; (b) the market value of the Subject Property or its marketability; (c) the insurability of the Subject Property; (d) the advisability or inadvisability of the purchase of the Subject Property; (e) the life expectancy of the Subject Property or any components or systems therein; (f) property boundary lines or encroachments; (g) the condition of any component or system that is not readily accessible; (h) the service life expectancy of any component or system; (i) the size, capacity, BTU, performance or efficiency of any component or system; (j) the cause or reason of any condition; (k) the cause for the need of DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 Copyright ©2014 InspectionContracts.com. All Rights Reserved. PO Box 3877 Avon, CO 81620 Page 2 of 3 correction, repair or replacement of any system or component; (l) future conditions; (m) compliance with codes or regulations; (n) the presence of mold, mildew or fungus; (m) the presence of airborne hazards, including radon; (n) the air quality; (o) the existence of environmental hazards, including lead paint, asbestos or toxic drywall or proximity to toxic waste sites or sites being monitored by any state or federal agency; (p) the existence of electromagnetic fields; (q) any hazardous waste conditions; (r) any manufacturers' recalls or conformance with manufacturer installation, or any information included for consumer protection purposes; (s) acoustical properties; (t) correction, replacement or repair cost estimates; or (u) estimates of the cost to operate any given system. The Company IS NOT REQUIRED TO DETERMINE whether any system or component of the Subject Property has been affected by the illegal manufacture, distribution, storage, possession or sale of any illicit drugs, products or by-products, including, but not limited to, methamphetamines, and including any and all chemicals, tools, household fixtures or appliances used to facilitate such illegal activities. The Company is NOT REQUIRED TO OPERATE: (a) any system that is shut down; (b) any system that does not function properly; (c) or evaluate low-voltage electrical systems, such as, but not limited to: 1. phone lines; 2. cable lines; 3. satellite dishes; 4. antennae; 5. lights; or 6. remote controls; (d) any system that does not turn on with the use of normal operating controls; (e) any shut-off valves or manual stop valves; (f) any electrical disconnect or over-current protection devices; (g) any alarm systems; or (h) moisture meters, gas detectors or similar equipment. The Company IS NOT REQUIRED TO: (a) move any personal items or other obstructions, such as, but not limited to: throw rugs, carpeting, wall coverings, furniture, ceiling tiles, window coverings, equipment, plants, ice, debris, snow, water, dirt, pets, or anything else that might restrict the visual inspection; (b) dismantle, open or uncover any system or component; (c) enter or access any area that may, in the inspector’s opinion, be unsafe; (d) enter crawlspaces or other areas that may be unsafe or not readily accessible; (e) inspect underground items, such as, but not limited to: lawn-irrigation systems, or underground storage tanks (or indications of their presence), whether abandoned or actively used; (f) do anything that may, in the inspector's opinion, be unsafe or dangerous to him/herself or others, or damage property, such as, but not limited to: walking on roof surfaces, climbing ladders, entering attic spaces, or negotiating with pets; (g) inspect decorative items; (h) inspect common elements or areas in multi-unit housing; (i) inspect intercoms, speaker systems or security systems; (j) offer guarantees or warranties; (k) offer or perform any engineering services; (l) offer or perform any trade or professional service other than general home inspection; (m) research the history of the property, or report on its potential for alteration, modification, extendibility or suitability for a specific or proposed use for occupancy; (n) determine the age of construction or installation of any system, structure or component of a building, or differentiate between original construction and subsequent additions, improvements, renovations or replacements; (o) determine the insurability of a property; (p) perform or offer Phase 1 or environmental audits; or (q) inspect any system or component that is not included in the InterNACHI Standards of Practice. The Client and the Company agree that the Company IS NOT REQUIRED TO PERFORM any action or task specifically excluded from the scope of a general home inspection as contained in the InterNACHI Standards of Practice. 6. BINDING ARBITRATION PROVISION. PLEASE READ CAREFULLY: Any dispute, controversy, interpretation, or claim, including claims for, but not limited to, breach of contract, any form of negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Pre-Inspection Agreement or arising out of, from or related to the Inspection or the Report shall be submitted to final and binding arbitration as conducted by and according to the Rules and Procedures of Construction Dispute Resolution Services, LLC. The decision of the arbitrator appointed by Construction Dispute Resolution Services, LLC shall be final and binding and judgment on the decision may be entered in any Court of competent jurisdiction. All proceedings must be held in the state where the inspection was performed. NOTICE: YOU AND WE WOULD HAVE A RIGHT OR OPPORTUNITY TO LITIGATE DISPUTES THROUGH A COURT AND HAVE A JUDGE OR JURY DECIDE THE DISPUTES BUT HAVE AGREED INSTEAD TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION. 7. Disclaimer of Warranty: The Client understands that the inspection and report do not, in any way, constitute a guarantee, warranty of merchantability or fitness for a particular purpose, express or implied warranty, or an insurance policy. Additionally, neit her the inspection nor the report is a substitute for any real estate transfer disclosures that may be required by law. 8. Notice of Claims: The Client agrees that any claim for failure of the Company to fulfill its obligations under this Agreement shall be made in writing to the Company upon discovery. The Client also agrees to allow the Company ten (10) days to come to the Subject Property to inspect and evaluate any condition complained of by the Client to the Company and not to make, or allow others to make, any alteration to the claimed condition until the Company has had the opportunity to inspect and evaluate the claimed condition, except in case of emergency. 9. Choice of Law: This Pre-Inspection Agreement shall by governed by Colorado law. If any portion of this Agreement is found to be invalid or unenforceable by any court or arbitrator the remaining terms shall remain in force between the parties. 10. LIMITATION OF LIABILITY. PLEASE READ CAREFULLY: The Client understands and agrees that the Company is not an insurer and that the payment for the inspection and report is based solely on the value of the service provided by the Company in the performance of the limited visual inspection and production of the report as described herein. Thus, the Client agrees that the sole and exclusive remedy for any claims against the Company, including claims for, but not limited to, breach of contract, negligence, fraud or misrepresentation, and/or any violation of any law, statute, regulation, ordinance, or any other theory of liability arising out of, from or related to this Agreement or arising out of, from or related to the Inspection or the Report, is limited to an amount equal to the inspection fee multiplied by two (2), as liquidated damages and not as a penalty. The Client releases the Company from any and all additional liability, whether based on contract, tort, or any other legal theory. The Client understands that he/she/they is/are free to consult with another professional if the Client does not agree to this provision. 11. Responsibility for Return Inspections: The Client understands that if any systems and/or components of the Subject Property cannot be inspected due to unforeseen circumstances during the inspection it is the Client’s duty to contact the Company should the Client desire the DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 Copyright ©2014 InspectionContracts.com. All Rights Reserved. PO Box 3877 Avon, CO 81620 Page 3 of 3 Company to return to the Subject Property later or time to inspect those systems and/or components. Any systems and/or components not inspected due to unforeseen circumstances will be identified in the report. 12. LIMITATION ON TIME TO BRING LEGAL ACTION. PLEASE READ CAREFULLY: Any legal action, including claims for, but not limited to, breach of contract, negligence, fraud or misrepresentation, and/or any violation of any law, statute, ordinance, regulation or code, or any other theory of liability arising out of, from or related to this Agreement or arising out of, from or related to the Inspection or Report must be brought within one (1) year from the date of the Inspection, regardless of when the Client first discovers the facts supporting such possible claims as identified herein. Failure to bring said action within one (1) year of the date of the Inspection shall be a complete bar to any such action and a full and complete waiver of any rights, actions or causes of action that may have arisen from the inspection and/or inspection report. This time period may be shorter than otherwise provided by State law. 13. Entire Agreement: This Pre-Inspection Agreement and any subsequent report issued to the Client by the Company represent the entire agreement between the parties. No oral agreements, understandings, or representations shall change, modify or amend any part of this Agreement. No change or modification shall be enforceable against any party unless such change or modification is in writing and signed by the parties and supported by valid consideration. This Agreement shall be binding upon and inure to the parties hereto and their spouses, heirs, executors, administrators, successors, assigns, and representatives of any kind whatsoever. The inspection is being performed for the exclusive use and benefit of the Client. The inspection, including the written report, is not to be transferred to, utilized or relied upon by any other person or entity without prior written permission of the Company. 14. Client’s Agreement & Understanding of Terms: By signing this Agreement, the undersigned Client agrees that he/she/I/they have read, understand, and agree to all of the terms and conditions on all pages of this Agreement, including the provisions for arbitration, and limitations and exclusions, and agree to pay the fee shown according to the terms above. The Client understands that the Client has a right to have an attorney of the Client’s choice review this Agreement before signing it. The Client understands that if the Client does not agree with any of the terms, conditions, limitations and/or exclusions set forth in this Agreement, the Client is free to not sign it. The Client understands that the Client may retain another provider to perform the services contemplated by this Agreement. The Client further understands that, should the Client not agree to the terms and conditions set forth in this Agreement, the Client may negotiate with the Company for different terms and conditions. Client's Signature: _____________________________________________________ Date: ___________________ Client's Name: ________________________________________________________ Please Print Client(s) Present Address: _______________________________________________ _______________________________________________ Inspector’s Signature: _____________________________________________________ Date: ___________________ Inspector’s Name: Matthew Kozusko, Mountain Home Inspection, Inc. DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 12 ECHDA Professional Services Final 1/24/2023 EXHIBIT B Insurance Certificate DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: FAXPHONE (A/C, No):(A/C, No, Ext): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 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 have ADDITIONAL INSURED provisions or 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 does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/17/2024 (800) 355-1185 (877) 559-0487 17151 Mountain Home Inspection, Inc Matt Kozusko PO Box 3877 2433 Draw Spur #A2 Avon, CO 81620 A 1,000,000 X CS91 H003301 03 2/27/2024 2/27/2025 100,000 10,000 1,000,000 1,000,000 1,000,000 A Errors & Omissions CS91 H003301 03 2/27/2024 Per Claim/Aggregate 1,000,000 Eagle County Housing & Development Authority, its associated or affiliated entities, its successors and assigns, elected officials, employees, agents and volunteers are Additional Insureds under the Commercial General Liability policy. Eagle County Housing and Development Authority 500 Broadway PO Box 850 Eagle, CO 81631 MOUNHOM-07 HSTARR Elite Managing General Agency, LLC 1016 W 8th Ave Suite A King Of Prussia, PA 19406 inspection@elitemga.com Concert Specialty Insurance Company 2/27/2025 X X X DocuSign Envelope ID: 8370E8CC-4C52-465F-86CA-F163625FE3E0