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Res. No. 223-06-12364RESOLUTION NO.: 223-06-12364 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MOM, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE AN OPEN P.O. FOR $30,000 TO J.E.M. INSPECTION & ENGINEERING SERVICES, INC. FROM ACCOUNT NO.1610- 524 -3450 FOR BUILDING AND ROOFING INSPECTIONS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City must provide building and roofing inspections as required by the Florida Building Code; and WHEREAS, the City has contracted the services of J.E.M. Inspections and Engineering Services, Inc. for the performance of these inspections; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1. The City Manager is authorized to issue an open Purchase Order for an amount not to exceed $30,000 for services to be rendered during this fiscal year. Section 2. These funds will be disbursed from Contractual Services account no. 1610 -524- 3450. Account balance is $30,000. Section 3. This Resolution will be effective upon passage. PASSED AND ADOPTED this 5th day of December, 2006. ATTEST: /7 - CITY CLERK READ AND APPROVED AS TO FORM: CITY RNEY F."12926 "Ir 0113 COMMISSION VOTE: 5 -0 Mayor Feliu: Yea Vice Mayor Wiscombe: Yea Commissioner Palmer: Yea Commissioner Birts: Yea Commissioner Beckman: Yea South Miami M- lM�icaGii�i CITY OF SOUTH MIAMI I r OFFICE OF THE CITY MANAGER ° INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Feliu and Members of the City Commission Via: Yvonne S. McKinley, City Manager From: Sonia Lama. AIA. Building Director Date: December 5, 2006 Subject: Inspection services. Request; A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO ISSUE AN OPEN P.O. FOR $30,000 TO J.E.M. INSPECTION & ENGINEERING SERVICES, INC. FROM ACCOUNT NO.1610- 524 -3450 FOR BUILDING AND ROOFING INSPECTIONS, AND PROVIDING FOR AN EFFECTIVE DATE. Reason /Need: Shortage of inspectors throughout Dade County has resulted in the need for consulting services. Cost: $651hr for present and future services rendered: Funding Source. Account no. 1610- 524 -3450 Contractual Services. Balance $30,000. Backup documentation: JEM Professional Services Agreement. PROFESSIONAL SERVICE AGREEMENT AGREEMENT made this day of , 2006 between the City of South Miami, a Florida municipal corporation located ih Miami -Dade County, Florida, hereinafter called "South Miami," and J.E.M. Inspections & Engineering Services, Inc. hereinafter called "Contractor." IN CONSIDERATION of their mutual promises made herein, and for othergood and valuable consideration, the parties, intending to be legally bound, hereby agree as follows: 1. Scope of Work. South Miami engages the Contractor to furnish the work described in the Schedule attached to this Agreement at the times specified in the Schedule, and the Contractor agrees to furnish the work at the times specified in the Schedule. 2. Price and Payment. South Miami agrees to pay the Contractor in accordance with the price and payment terms set forth in the Schedule attached to this Agreement, and the Contractor agrees to accept such amounts as full payment for the work and to sign any such waivers of lien, affidavits and receipts as the City may request from time to time in order to acknowledge payment. 3. Independent Contractor Relationship. The Contractor is an independent contractor and is not an employee, servant, agent, partner or joint venture of South Miami. South Miami is not responsible for withholding, and shall not withhold, FICA or other taxes of any kind from any payments, which it owes the Contractor unless required by law. Neither the Contractor, not its employees, shall be entitled to receive any benefits which employees of South Miami are entitled to receive, and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, or Social Security on account of the work performed for South Miami. The Contractor shall not pledge South Miami's credit or make South Miami a guarantorof payment or surety for any contract, debt, obligation, judgment, lien oranyform of indebtedness. 4. Business of Contractor. The Contractor is engaged in the business of doing the work specified in the attached Schedule. Copies of the following documents verifying the Contractor's established business shall be attached to this Agreement: a. . Current occupational licenses issued by any state, county or municipality as required by law. b. Federal Employer Tax Identification Number or Social Security Number. C. Professional licenses or certifications required by South Miami or by law. d. Certificates of Insurance as requested by South Miami. 5. Employees of Contractor. The Contractor shall be solely responsible for paying its employees. The Contractor shall be solely responsible for paying any and all taxes, FICAworker'scompensation, unemployment compensation, medical insurance, life insurance, paid vacations, paid holidays, pension, profit sharing and other benefits for the Contractor and its employees, servants and agents. 6. Insurance. The Contractor shall furnish South Miami with current certificates of coverage of the Contractor for workers' compensation insurance, general liability insurance, motor vehicle insurance, professional liability insurance and such other insurance as South Miami may require. If the Contractor is not required by applicable law to provide workers' compensation to the Contractor or its employees, the Contractor shall waive its exemption or exclusion from that law and shall purchase worker's compensation insurance and furnish South Miami with a current certificate of coverage and proof of payment. The Contractor shall maintain all such insurance coverage during the period of this Agreement and shall furnish South Miami with certificates of renewal coverage. Failure of the Contractor to maintain appropriate insurance coverage may be grounds for immediate termination of the Agreement by South Miami. 7. Risk. The Contractor shall perform the work at its own risk. The Contractor assumes all responsibility for the condition of tools, equipment, material and job site. The Contractor shall indemnify and hold harmless South Miami from any claim, demand, loss, liability, damage or expense arising in any way from the Contractor's work. 8. Assignment. South Miami may assign and delegate any orall of its rights and duties under this Agreement at any time and from time to time without the consent of the Contractor. The Contractor may not assignor delegate any of its rights or duties under this Agreement without the prior written consent of South Miami and such consent will not be given to any proposed assignment or delegation which would relieve the Contractor or its surety of their responsibilities under this Agreement. 9. Term. This Agreement is effective as of the date signed by both parties for one year unless canceled by either party upon thirty days written notice to the other party. The Agreement maybe renewed for successive one (1) year periods. To receive payment after termination of the Agreement, all documents related to the work authorized under this Agreement, whether finished or not, must be given to South Miami. The Contractor warrants that it has not employed or retained any company or person other than an employee working solely for the Contractor, to solicit or to secure this Agreement; and that it has not paid, not agreed to pay, any company or other person any fees, commission, gift or other consideration contingent upon making of this Agreement, for breach or violation of this warranty, South Miami has the right to annul this Agreement without liability. 10. Notices. All notices required or permitted to be given shall be in writing and shall be deemed to have been properly given on the date of actual ,recelpt by the 2 addressee if personally delivered to either party by hand delivery, overnight courier, next day delivery or U.S. Mail. South Miami and Contractor shall each have the right from time to time to specify its address for purpose of this Agreement any other address in the United States of America upon notice thereof, similarly given to the other party. All notices, demands, or other communications to the Contractor under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to: Jesus J. Baez, Principal J.E.M. Inspections & Engineering Services, Inc. 3525 Northwest 115t" Avenue Miami, Florida 33178 All notices to South Miami under this Agreement shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to: City Manager City of South Miami 6130 Sunset Drive South Miami, Florida 33143 11. Submission Not Offer. The submission of this Agreement for examination does not constitute an offer to enter into a contract. This Agreement shall become effective only upon the mutual signing and delivery hereof by South Miami and Contractor. 12. No Reliance by Third Party. This Agreement is entered into solely between South Miami and Contractor for their benefit and no third person or party is intended to be able to rely upon or enforce this Agreement in whole or in part. 13. Negotiated Agreement. This Agreement has been thoroughly negotiated by the parties, each having had the opportunity to consult separate and independent legal counsel and it is the intent of the parties that neither this Agreement, nor any covenant herein, shall be construed against either party. 14. Extension of Time Periods. In the event that the last day of any period of time specified in this Agreement shall fall on a weekend or legal holiday, such period of time shall be extended through the end of the next regular business day. 15. Law. This Agreement is entered into in the State of Florida and shall be governed and construed in accordance with Florida law. The Eleventh Judicial Circuit of Florida shall be the proper venue for any claims under state law and in the Southern District of Florida for any claims under federal law. 0? 16. Miscellaneous. Time is of the essence in this Agreement. This is the entire Agreement between the parties and may not be modified or amended except by a written document signed in more than one counterpart, in which case each counterpart shall constitute an original of this Agreement. Paragraph headings are for convenience only and are not intended to expand or restrict the scope or substance of the provisions of this Agreement. Wherever used herein, shall be read as masculine, feminine or neuter as the context requires. The prevailing party in any litigation, arbitration or mediation relating to this Agreement shall be entitled to recover its reasonable attomeys' fees and costs from the other party for all maters, including, but not limited to, appeals and bankruptcy proceedings. 17. Extent of Agreement. This Agreement represents the entire and integrated Agreement between South Miami and the Contractorand supersedes all prior negotiations, representations, or agreements, written or oral. The Contractor recognizes that any representations, statement or negotiations made by the South Miami staff do not suffice to legally find South Miami in a contractual relationship unless they have been reduced to writing and signed by an authorized South Miami representative. This Agreement shall insure to the benefit of and shall be binding upon the parties, their respective assigns and successors in interest. This Agreement may not be amended, changed, modified, or otherwise altered in any particular, at any time after the execution hereof, except by written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date contained herein. CITY OF SOUTH MIAMI vonne S. c inley cting City Manager t a Menendez City Clerk CONTRACTOR: J.E.M. Inspections & Engineering Services, Inc. Jesus J. Baez Principal 0 Witness SCHEDULE TO PROFESSIONAL SERVICE AGREEMENT Date: 5 115 10 (0 SCOPE OF WORK: Contractor is to provide plan review and inspection services generally required and which include but are not limited to the following: a. Building b. Electrical C. Plumbing d. Mechanical e. Structural/Threshold; and f. Rooting. The inspector(s) will be available to work and on call during the hours of 8:00 a.m. to 4:00 p.m. Monday through Friday as may be necessary. The hours of work per day may be changed at the discretion of the Building Official or the Building Official's designee with reasonable notice to the Contractor. The total number of hours maybe increased only with the written consent of the City Manager. The total number of hours may be increased or decreased at the discretion of South Miami. Contractor and its employees may not offertheir services or engage in outside professional engineering or inspection services within the City of South Miami during the term of this Agreement. PRICE AND PAYMENT TERMS: The Contractor shall be paid at the rate of $65.00 per hour. The Contractor shall keep a log of its employees' work hours and have the log signed by the Building Official or the Building Official's designee weekly. The Contractor shall submit a copy of the log and an invoice for payment specifying the person performing the work, the hours and days of work on a monthly basis and the total amount due. The City of South Miami shall pay the full amount of the invoice within thirty (30) days of receipt and acceptance, provided the Contractor has performed the work according to the terms and conditions of the Agreement. However, failure by the Contractor to follow the foregoing instructions shall result in an unavoidable delay of payment by the City of South Miami. The Contractor's invoices shall be sent to the following address: Building Department City of South Miami 6130 Sunset Drive South Miami,.Florida 33143 City's Initials: Contractor's Initials: jof Ar -114E N /0 ->, AWW��- � gam bm br of WOO J.E.M. Ins Services Inc. ......... ....... AUDrr NO.: o5o7- 003898 CERTIFICATE OF'A'UTHORIZATION NUMBER: 8972 EXPIRATION: 28-PE'B-07 DISPLAY AS REQUIRED BY LAW `0 2 0 2*9 H; T E---'-' A RIDV� Ar '4� M.Y 114 1) PW Sto G_ t�l 21. X .......... N W�' � 'K S! RYM g mm- --pow all, �QM'W- t� INES 1 - g�i " --T e Si NS 9 bRGAmzkm.'w 7 " .. A El)' - a b :Lo*�_ IS: QjCj" Named -1 14 Under the provisions of a "41.8 93 -FS. - i 5aig Expiration date: AUG 31 20 0' 7 tL V J919: BUSH (T -Pj_'.*"_0Rm-.�---WORK-.'- THIS: AL: DIANE k ' COMPANY�- Td'' 5 IF 7-�A -,QUALXF:t Do j§#]§INE. DISPLAY AS REQUIRED BY LAW., 7 __$U .ITiAS 5 z�­', J.E.M. -INSPECTIO . NS NG 61 `SERVICES, INC. 3.525 N W. 115,AYE. MIAMI FL'33178 A El)' i 5aig V J919: BUSH DIANE k ' GOVERNOR DISPLAY AS REQUIRED BY LAW., SECRETARY N--M—�r MNO PRINEST 6!{FiCe ElFii:xLlH .rsii - i3i; I {:: `: �+F. :' 'R . ._ £ ,-:. 2005 -2006 OCCUPATIONAL LICENSE CITY OF DORAL, FLORIDA 8300 Northwest 53" Street, Suite 100 2005 -4405 Dora), Florida 33166 (305) 593 -6725 FOR THE PERIOD COMMENCING OCTOBER 1, 2005 AND ENDING SEPTEMBER 30, 2006 LICENSED TO ENGAGE IN THE FOLLOWING BUSINESS: J E M INSPECTIONS & ENGINEERING SERVICES INC 3525 NW 115 AVENUE DORAL, FLORIDA 33178 212ASS P.AJCORPIPARTNERSHIPIFIRM License Fee: $30.00 s Official - z!tV6fd6ftLl-fl.gov AFMRCTA&W:4TEEiU7t6l S HHEEtI O FTQeBl[GK.€1f EiQC€iNlE74F _ "i ., VLYVY Yi'■Vi ■ ■1L�i rarM-erre u 3525 KW 115 AVE l IMMM 'r"" ro MIAMI FL 33178 09101/2005 " 00200000253 EE Ejj 000PArrr % � li R11, ?li i�i7 i! €iii3 ii I1 : !lEiFi!l i !!!liiil;i SEE OTHER SIDE ...._..__ -- - - - - - — -- - -- - - - - - - - - - - - - - - - - - - - -1- -1 - PRODUC -ER (305) 822 -7800 FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION -Collinsworth, Alter, Fowler, Dowling & French ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P. O. Box 93] 5 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Miami Lakes, FL 33014 -9335 INSURERS AFFORDING COVERAGE NAIC # rtmswmv 3EM Inspections & Engineering Services, Inc. INSURERA: Hartford ins Co of the SE 3525 N.W. 115 Avenue INSURER& Hartford Insurance Company Miami, FL 33178 MWRER C: INSURER D: INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWM48TANO@ ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTI'H 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 SUCK POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MN TYPE OF U&SURANCE 11'OLiGY >=R POLICY EFFECTIVE DATE (M%&&VDDfrM POLICY EXPIRATION DATE 1MMMDfYY1 tII11ETs GENERAL LIABILITY ,ZISBABN5081 11/14/2005 11/14/2006 EACH OCCURRENCE $ 110001C X 1 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED S 300,10 CLAIMS MADE n OCCUR MED EXP (Any one petsm) S T 1Q, lD PLISONAL a ADV MJURY $ 1.00010 A GIB AGGREGATE S - 2,000,O GEWL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG S 2,000,0 POLICY LOC ABILITY AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANYAUTO (Ea dcdde" Q BODILY INJURY S ALL ONINEDAUTOS SCHEDULEDAUTOS �) BODILY INJURY $ HIRED AUTOS NON OWNED AUTOS (Per a d) PROPER I V DAMAGE $ (Per accident) GARAGE LIABILITY ALTO ONLY- EAACCIDENT S OTHER THAN EA ACC S ANY AUTO �. AUTO ONLY: AGG S EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S S $ DEDUCTIBLE WORi(ERS COMPENSATION AND 21WECGC3 328 10/19/2005 1011912006 1 wc sTATu °T"' TORY Llbdl= EWLOYERS! LIABILITY E.L. EACHACCIOSNT $ 1,000,01 B ANY PROPRIETORIP F-L DISEASE - EA EMPLOYEE $ 1,000,01 OFFICEMMEMBEIR EXCLUDED? sPecIAL PROVISIONS bebw E.L. DISEASE - POLICY LIMIT S 1,000,01 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT i SPECIAL PROVISIONS GE FICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCEL L ED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 oAYs WR77TEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, City of South Miami BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 6130 Sunset Drive OFANY KIND UMN THE INSURER, US AGENTS OR REPRESENTATIllES. _ _South Miami FL .33143 - AUTHORUEDREPR]ESeN`TATWE � " � ` Melissa Cruz /GC:M ACORD 25 (2001108) ©ACORD CORPORATION 1 S, IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 car ificate flea of such endorserrtent(_8). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001/08) PRODUCER Jason T. Brown Sateman,Gordon & Sands, Inc P.O.Box 1270 Pompano Beach, FL 33061 INSURED JEM Inspections & Engineering Services, Inc. 3525 N.W. 115th Avenue Miami, FL 33178 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A. Continental Casualty Company 20443 INSURERS: INSURER C: INSURER D: INSURER E_ THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE ENSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WrM 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 AGGREGATE LIMITS SHOWN MAY HAVE BEEN REQUCED BY PAID CLAIMS. - -- MR ADO' - POLICY EFFECTIVE POLICY POLICY EXPIRATION LTR NSR TYPE POLICY KLM93M DATE (MMMOPM DATE mfflpffn itMFiS GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED $ COMMERCIAL GENERAL LIABILITY i MED EXP {Any one person) $ CLAIMS MADE D OCCUR PERSONAL &ADV INJURY I $ GENERAL AGGREGATE S GENt AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 1 POLICY M Rr,,T LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO BODILY INJURY $ } ALLOWNEDAUTOS l - (Per person} i SCHEDULED AUTOS HIRED AUTOS BODILY INJURY S _ (Per -dd-Q LEON -OWNED AUTOS PROPERTY DAMAGE $ (Per amen +) GARAGELIABILRY AUTO ONLY -EA ACCIDENT S .. oTHER "THAN EA ACC S ANY AUTO $ AUTO ONLY: AGG EXCESSIUMISRELLA LIABILITY EACH OCCURRENCE $ AGGREGATE S OCCUR FI CLAIMS MADE S DEDUCTIBLE WC STATU- OTH• RETENTION $ WORKERS COMPENSATION AND F-L EACH ACCIDENT S EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER7EXECUTIVE OFFICEPJMEMBEREXCLUDED? E.L.DISEASE -EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ 11 yes, desedbe under SPECIAL PROVISIONS below A OTHER Professional MCA264086690 10/29/05 10/29106 $2,000,000 per claim Liability $4,000,000 aggregate $5,000 ded. DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENvumt:iYIa { r SPEGiA _ Fiivrl wm- Professional Liability Policy includes 5 year tall option s S ' I jS - f ' ^A11f�C1 1 AT1^KI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA City of South Miami DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL J_ DAYS WRM 6130 Sunset Dr. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SW South Miami, FL 33143 IMPOSE NO OBLIGATION OR LIABILITY OF ANY JUNE) UPON THE INSURER, ITS AGENTS OF REPRESENTATIVES. AUTHOR= REPRESENTATIVE ACORD 25 (2001/0) 1 of 2 #S169345/M169342 MT1 © ACORD CORPORATION IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement o_ n this certificate does not confer rights to the certificate holder in lieu of_ such endorsement(s), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001/08) 2 of 2 #S1169345=69342