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Triconic Inspection Body

This Accredited Inspector Agreement (the “Agreement”), made this day, by and between you (the “Accredited Inspector Company”) and Triconic, LLC, the authorized Program Administrator, (the “Administrator”) on behalf of the applicable Certification Program Sponsor identified herein:

The Florida Home Builders’ Association (the “FHBA”),
The St. John’s River Water Management District (“the SJRWMD”) 
The Green Builder Coalition (the “GBC”)

and is intended to provide the rights and responsibilities of the Accredited Inspector as a participant in the Sponsored Program(s) (together, the “Program”).

WHEREAS, trade associations, individual states and the United States government have adopted home energy efficiency and water conservation codes, regulations, voluntary standards, and measurements (the “Standards”), which may be used to test and evaluate the energy and water conservation efficiency of properties and to provide measurement ratings of the energy efficiency and water conservation performance of a property; and

WHEREAS, the Administrator is engaged in the business of supporting organizations such as the FHBA and SJRWMD in the development and operation of rating and certification programs utilizing the Standards, and has undertaken to administer this Program for the purpose of providing organization, management, qualification and oversight over the verification of compliance to the Standards; and

WHEREAS, the Administrator, on behalf of itself, and the Sponsors has entered into agreements with independent third-party certification agencies to provide technical oversight of the Program; and

WHEREAS, the Accredited Inspector Company named herein desires to participate in a Sponsored Program as indicated above for its Accredited Inspectors to provide verification of energy efficiency and/or water conservation measurements and is entering into the Agreement to allow its Accredited Inspectors, to participate as outlined herein for the applicable Program, and references herein to the Accredited Inspector shall apply as relevant to the Accredited Inspection Company; it is hereby

AGREED as follows:


1.	Qualification


To become an Accredited Inspector, an individual shall either: 

Provide the Administrator with evidence of satisfactory and current credentials with a measurement rating program for home energy efficiency and/or water conservation pursuant to the Standards (Examples of satisfactory credentials may include accreditation to the requirements of ISO/IEC 17020:2012, accreditation as an IAS Accredited Inspection Agency, designation as a Building Performance Institute Certified Professional, designation as a Building Performance Institute Rater, or designation as a RESNET Rater) ; or

Participate and satisfactorily complete a designated FHBA and/or SJRWMD testing and inspection training program as required by the Administrator.

An Accredited Inspection Company shall either provide proof of credentials for its individual Accredited Inspectors, based on the referenced requirements in Paragraph 1(a) above, enroll its inspectors in designated testing and inspection training as required for the Program, both as described above, or provide proof of accreditation to conformity assessment requirements for the operation of various types of bodies performing inspections in accordance with ISO 17020:2012 Inspection Agency accredited to a scope included in the above referenced standards as required for the Program.  In lieu of these qualifications, on the decision of the Administrator, based on objective evidence that the applicant’s qualifications and credentials qualify them to provide the services necessary for the execution of the duties required herein.

The Administrator may also require an individual Accredited Inspector to perform a validation test and inspection on a specified property.  Such validation test and inspection shall be conducted at the Accredited Inspector’s expense.  An Accredited Inspector may be required to conduct a validation test and inspection annually, and more often in the event of a need to confirm proficiency.

After satisfaction of the requirement to produce credentials or successfully complete designated testing and inspection training, Accredited Inspectors and all personnel designated to access and administer the systems and supporting the program shall also complete an onboarding training program on the required processes necessary to participate in the Program, including the use of the electronic filing system for notification of ratings projects and submission of reports containing test data and inspection results for certification.

The Administrator shall have the right to institute additional requirements, including periodic ongoing training as necessary to provide updates on the Program requirements, and incorporate changes to referenced or newly applicable standards and administrative processes. The Administrator may also require individual Accredited Inspectors to perform a validation test and inspection on a specified property.  Such validation test and inspection shall be conducted at the Accredited Inspector’s expense.  An Accredited Inspector may be required to conduct a validation test and inspection annually, and more often in the event of a need to confirm proficiency.

An Accredited Inspector, as a condition of participation, must accept and sign the Program Code of Ethics, that indicates the Accredited Inspector has read the Code of Ethics, understands its requirements, and agrees to act in accordance with those requirements.  The Code of Ethics is incorporated herein by reference. 


2.	Testing and Inspection


The Accredited Inspector shall be authorized by this Agreement to provide notification of inspections and, after inspections are conducted, to submit test data and inspection results through the Program electronic portal in order to apply for certification by a Program Certification Agency.  

The Accredited Inspector shall provide notification to the Administrator and the designated Program Certification Agency through the Program Electronic Portal when the Accredited Inspector undertakes to provide an energy and/or water conservation rating measurement of a home registered under the Program.  The Accredited Inspector shall provide such notification and the scheduled window of time for such inspection before such inspection takes place even if a request for certification is not later submitted to the Program.  

Periodically, the Program may conduct an audit of inspections through observation of the Accredited Inspector during the inspection. The Accredited Inspector hereby acknowledges that an inspection of a property and Accredited Inspector’s adherence with the Program requirements may be audited, and one purpose of the notification of an inspection is to allow such audits to occur, and the Accredited Inspector shall cooperate with the Program in the event that an audit of an inspection is conducted.

Upon completion of the testing and inspection of a home, the Accredited Inspector may submit the test data and inspection results to the Administrator and the designated Program Certification Agency through the Program electronic portal for certification of the measurement ratings.  No certifications will be issued for homes where notification of the inspection was not submitted to the Program on a date prior to the date of the occurrence of the inspection.  In submitting a certification request, the Administrator shall deliver the submission to a Program Certification Agency to provide the certification services.


3.	Certification


Upon submission of test data and inspection results with a request for certification of the ratings measurements to the Administrator and the designated Program Certification Agency through the Program electronic portal, the designated Program Certification Agency shall review the submission and either grant or deny certification based on the submission and Program requirements.  .  

When submitting test data and inspection results into the Electronic Portal for certification, the Accredited Inspector represents and warrants that the information provided by the Accredited Inspector or on its behalf is: (i) accurate and complete, (ii) can be relied on by the Program Certification Agency in performing its certification, and (iii) that it has the right to provide the information.  The Property Owner shall agree to the terms and conditions of the designated Program Agency Certification Agreement selected for an inspection through execution of the Property Owner Authorization and Certification Agency’s certification agreement, and such owner authorization is a required step in the submission of the test data and inspection results by the Accredited Inspector.   The Accredited Inspector hereby agrees that any designated Program Certification Agency that provides certification services pursuant to this Agreement is an intended third-party beneficiary of this Agreement.

In order to maintain surveillance control over certification services provided by the designated Program Certification Agency, the Accredited Inspector agrees that it shall use the notification systems in the Program electronic portal for all measurement ratings that may be submitted for certification.  Additionally, the Accredited Inspector shall provide assurance of the quality systems in use in providing inspection services and allow the Program Certification Agency the ability to observe its inspections, upon request from and as required by the designated Program Certification Agency.  Such rights to observe the Accredited Inspectors’ quality systems by the Program Certification Agencies is required to ensure conformance to the requirements of the Program.  The Program Certification Agencies reserves the right to refuse to work on any project or with any Property Owners or Accredited Inspectors at its sole discretion.   

For the avoidance of doubt, the designated Program Certification Agency issuing a certificate based upon a home inspection reserves the right to audit test data and inspection results, including, where allowed by the owner of the premises, to observe the Accredited Inspector as they conduct testing and inspections.

Upon receiving approval from the designated Program Certification Agency providing certification services of the test data and inspection results submitted by the Accredited Inspector and Property Owner’s acceptance of the Certification Agency’s certification agreement, a Program certificate shall be available through the Program Electronic Portal indicating the measurement rating for the property together with the certification mark of the Program Certification Agency.

The Administrator shall maintain a copy of FHBA energy efficiency certificates accessible through the FHBA Program web page, which certificate shall be available for public viewing.  The Administrator shall maintain a copy of Water Star™ water conservation certificates accessible through the SJRWMD Program web page, which certificate shall be available for public viewing.    Provided the Property Owner has accepted the Certification Agency’s certification agreement through the Program Electronic Portal, the Accredited Inspector shall be entitled to deliver their certificate directly to the Property Owner of the premises, which may be attached as a printed certificate to the inspected property as identified on the certificate.  

The Accredited Inspector shall not issue any certificate of measurement ratings that uses the names or mark of a Sponsor or Program Certification Agency if such measurement ratings were not submitted and approved by the designated Program Certification Agency and posted by the Administrator on the electronic database, nor make any verbal representations of the existence of such a certificate if no such certificate has at that point in time been issued by one of the appointed Program Certification Agencies.  Except as allowed under the terms of this Agreement, Accredited Inspector will not use a Program Certification Agency’s name, abbreviation, symbols, marks, or the name of any of its subsidiaries, affiliates, or parent on any goods or their containers or packaging, or in connection with any advertising, promotions, or otherwise.  


4.	Quality


The Accredited Inspector shall cooperate with the Sponsor, Administrator and the designated Program Certification Agency to achieve the goals of the Program, being the maintenance of high standards and accuracy in the process of obtaining, establishing and certifying measurement ratings of the energy efficiency and water conservation systems of homes registered within the Program.  

In the event an Accredited Inspector fails to cooperate with the Sponsor, Administrator or a Program Certification Agency, or the Accredited Inspector fails to follow the requirements of the Standards for measurement ratings, the Administrator shall have the right to suspend and/or terminate the Accredited Inspector from the Program.

A violation of the Quality Assurance requirements between an Accredited Inspector and the appointed Program Certification Agency may lead to the suspension or termination of the privileges of the Accredited Inspector to participate in the Program until such time as the suspension or termination for cause is resolved to the satisfaction of the Program Certification Agency, or a period of two years subsequent to the suspension or termination.  


5.	Confidential Information


The Accredited Inspector agrees to maintain the confidentiality of information received from the Sponsor, Administrator, and the Program Certification Agencies, including the terms and conditions of this Agreement, the electronic portal and the Program, except as necessary to provide information to the owner of the home.   The Accredited Inspector shall not disclose any document marked “Proprietary” taking care to not submit those documents to any public entity of governance as defined under State statutes such that a “Proprietary document is entered into a public record.  The Accredited Inspector shall not copy, share, reverse engineer, decompile, or otherwise attempt to access the electronic portal or the systems used to operate the Program for use outside of the Program.

The Accredited Inspector’s obligation of confidentiality shall not apply to information which is already available to the public, becomes available to the public, or is acquired from third party sources without confidentiality restrictions.   For the avoidance of doubt, these confidentiality restrictions shall not apply to documents required to be submitted in support of the issuance of a Certificate of Occupancy as defined in statute. This obligation to maintain confidentiality shall survive the termination of this Agreement.

If a party to this Agreement is served with a Subpoena, Court Order, or similar document requesting the disclosure of confidential or proprietary information supplied by a party to this Agreement, the party receiving such request shall promptly notify the party that supplied the information.  In the event that the party that is the owner of the information chooses to contest the request, the other parties shall cooperate with the party that is the owner of the information.  The responsibility for contesting the request shall rest solely with the party that is the owner of the information.  If the party that is the owner of the information declines to contest the request or is not successful in contesting the request, the party that received the request will provide the requested information.  Any costs incurred by the party that received the request in responding to the request, including reasonable attorney's fees, shall be reimbursed by the party that is the owner of the information.


6.	Term and Termination


The term of this Agreement shall be for one year from the date of execution, and shall automatically renew for additional one year periods, so long as the Accredited Inspector remains qualified as a Program Accredited Inspector, and this Agreement is not terminated as indicated below.

The Accredited Inspector may terminate his or her participation in the Program at any time upon thirty (30) days written notice to the Administrator, but shall be liable for the payment of fees for certification services requested prior to the date of termination stated on the notice, and for any additional Accredited Inspector costs necessary to terminate services.  No further new certification services shall be provided after receipt of the notice of termination from the Accredited Inspector.  

The Administrator may terminate the Accredited Inspector from the Program at any time upon thirty (30) days written notice to the Accredited Inspector, but shall be liable for the completion of certification services commenced prior to the date of receipt of notice, and for any additional Administrator costs necessary to terminate services.  No further new certification services shall be provided after receipt of the notice of termination from the Administrator.  

The Administrator may suspend or terminate the Accredited Inspector from the Program immediately upon written notice for cause, if the Administrator determines that the Accredited Inspector is not in conformity with the testing and inspection requirements of the Program, or otherwise has failed to comply with the Program requirements, including the Accredited Inspector’s obligations for the payment of Program fees.

An Accredited Inspector may be terminated from the Program, upon thirty (30) days written notice, in the event the Administrator receives written notice of: (i) the filing of a voluntary or involuntary petition in bankruptcy; (ii) the making of any arrangement or composition with creditors by the Accredited Inspector; (iii) the appointment of a receiver for the Accredited Inspector; or (iv) the voluntary or involuntary liquidation of the business of the Accredited Inspector.

Upon termination of this Agreement, the Accredited Inspector shall promptly confirm, in writing, to the Administrator and the Program Certification Agencies that the Accredited Inspector has discontinued use of and ceased to utilize, publish, or issue any of the Program materials, including any reference to the certification marks on homes and/or in its product literature and advertising.  The Accredited Inspector further agrees that, upon termination of the Agreement for any reason, it shall, surrender, erase, or otherwise dispose of, in a manner acceptable to the designated Program Certification Agency, any unused Marks and data labels, dies, molds, stencils, marking devices, literature, advertisement or other information bearing a certification mark or referencing the Program.  


7.	Payment


Payment for certification of a property shall be made to the Program through the electronic portal at the time of a certification request.  Payment is not required at the time of notification that an inspection is going to occur.  The Accredited Inspector shall be responsible for the fees for certification services, or a payor designated by the Accredited Inspector and approved by the Administrator.  In the event the Accredited Inspector designates a payor for the certification services fees, such as the property owner, the Accredited Inspector submitting the request for certification shall remain liable for such payment in the event the payor fails to make payment through a banking claw-back.  The fees for certification services are shown on the fee schedule applicable to the Program.  The Administrator reserves the right to adjust the fees, and to issue special charges in the event additional costs are incurred by the Program as a result of the Accredited Inspector's failure to comply with the Program Requirements.

The Accredited Inspector is only required to pay for certification services.  The Program does not set or collect the fee charged to the customer for the underlying inspection services performed by the Accredited Inspector. The Program does not set or collect any fees that may be charged to the Accredited Inspector for the Program Certification Agency’s surveillance or auditing or training services that may be performed by the Program Certification Agency for the Accredited Inspector.


8.	Disclaimers and limitation of liability


The Administrator shall make reasonable commercial efforts to maintain electronic copies of the notifications of properties to be inspected and the submissions of test data and inspection results submitted to the Program Certification Agencies for purposes of certification for a one year period, but provides no warranty to the Accredited Inspector or the owner of the premises that such records shall be available at any time for any purpose.

It is hereby acknowledged that the Sponsor, Administrator, and the Program Certification Agencies (referred to for this purpose as the Certification Providers), do not perform the inspections conducted by the Accredited Inspectors and are not employers, supervisors, managers, or otherwise responsible for the time, place, method, or manner in which the Accredited Inspector carries out an inspection.

The liability of the Sponsor, Administrator and the Program Certification Agencies (collectively Certification Providers”) shall be limited as follows:

Any and all claims related to any activity of the Certification Providers shall be made within one year of such activity.
In no event shall the maximum aggregate liability of the Certification Providers exceed the fees received for the particular services provided.
The Certification Providers expressly disclaims any liability for the activity of third parties, including the Accredited Inspector and the Program Certification Agency.
Claims against the Certification Providers shall specifically exclude any indirect, special, incidental, punitive, or consequential damages, or any third-party claims which may arise as a result of the services provided in this Agreement.  

The Accredited Inspector agrees to hold the Certification Providers harmless, and to defend and indemnify the Certification Providers against any liability, loss, or damage from claims, demands, costs (including legal fees), or judgments arising out of any acts or omissions of the Accredited Inspector or third parties acting on behalf of the Accredited Inspector relating to the Program, including arising from the use of the certificates.  

The terms of this Agreement concerning indemnification and liability shall survive the termination of this Agreement.


9.	Remedies and Dispute Resolution 


The Accredited Inspector acknowledges that the use of a certificate indicating an energy efficiency or water conservation rating measurement for a property could mislead the public if such certificate is inaccurate, the Accredited Inspector is not eligible to use the mark of the designated Program Certification Agency, or does not comply with the Program Requirements and/or the Standards.  The Accredited Inspector further acknowledges that a breach of this Agreement cannot be adequately compensated by money damages alone.  The Accredited Inspector agrees that in the event of a breach of this Agreement, the Administrator shall have the right to obtain a temporary restraining order without prior notice to the Accredited Inspector, together with an action for a preliminary and permanent injunction, and such other and further relief as may be provided by law.  Said injunction may prohibit the Accredited Inspector, and any company or third-party affiliate of the Accredited Inspector, from further use of the certificates and for specific performance of the provisions this Agreement.

Upon an Accredited Inspector's failure to comply with any of the requirements of this Agreement or the Program, the Administrator may issue a letter of suspension which shall notify the Accredited Inspector of the nature of the failure and the period of suspension of the Accredited Inspector's right to participate in the Program.  In the event that the Accredited Inspector fails to take corrective action to resolve the cause of suspension, this Contract may be terminated pursuant to the terms of this Agreement.

Upon termination of this Agreement, the Accredited Inspector shall promptly confirm, in writing, to the Administrator and the Program Certification Agencies that the Accredited Inspector has discontinued use of the Program materials, including any reference to the certification marks on homes and/or in its product literature and advertising.  The Accredited Inspector further agrees that, upon termination of the Contract for any reason, it shall, surrender, erase, or otherwise dispose of, in a manner acceptable to the designated Program Certification Agency and the Administrator, any unused Marks and data labels, dies, molds, stencils, marking devices, literature, advertisement or other information bearing a mark or referencing the Program.  

In the event a party to this Agreement desires to make a claim against another party, it shall first proceed by providing written notice of the dispute to the other party and request a consultation to engage in a good faith attempt at settlement.  In the event such consultation is unsuccessful in resolving the dispute within sixty (60) days, the parties shall agree to binding arbitration pursuant to the rules of the American Arbitration Association, with such arbitration conducted in the State of Florida.

10.	Miscellaneous


The rights running to the Accredited Inspector under this Agreement may not be assigned to or acquired by any other person or corporation without the Administrator’s written authorization.

This Agreement shall be interpreted in accordance with and governed by the laws of the State of Florida.

The Accredited Inspector shall maintain a policy of general commercial insurance covering the Accredited Inspector’s activities with liability limits of not less than $1,000,000 individual and $1,000,000 aggregate coverage and professional liability errors and omissions coverage with a minimum limit of $1,000,000, and naming the individual Certification Providers as additional insureds.  Upon request, the Accredited Inspector shall provide a certificate of insurance demonstrating such coverage is in effect.

This Agreement, together with any Exhibits constitutes the complete Agreement.  This Agreement may only be revised in writing and upon notice and agreement of all parties to the Agreement. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions.

Electronic Signature.  This Agreement shall be executed and delivered by Accredited Inspector’s electronic acceptance online, which constitutes Accredited Inspector’s signature.  Administrator’s electronically or other properly stored copies of this Agreement, as signed by Accredited Inspector shall be the true, complete, valid, authentic and enforceable copies of these documents, and Accredited Inspector agrees that Accredited Inspector shall not contest the admissibility or enforceability of Administrator’s copies of them in a court or any proceeding arising out of such documents.  Further, by accepting this Agreement and clicking “I Agree”, Accredited Inspector acknowledges and agrees that this is a legally binding electronic agreement which Accredited Inspector fully understands the terms of and is authorized by your company or employer to enter into to allow participation in the Program.

* Agreed I agree to the Triconic Inspection Body

Program Code of Ethics

The Sponsors, Program Administrator, Certification Agencies, Accredited Inspection Company, and all Accredited Inspectors taking part in the Program (Collectively, the “Participants”) agree to carry out their activities under the following principles of conduct. 

Participants shall operate in a professional, independent and impartial manner in all testing, inspection and certification activities. 

The Participants shall carry out their work honestly and shall not tolerate deviations from the approved methods and procedures. 

Where approved test and inspection methods allow for judgment, estimates or ranges in measurements, the Accredited Inspector shall act in good faith to ensure that such judgment, estimates or ranges in measurements are not misused to report improper or misleading results. 

The Accredited Inspector shall report data, test results and other material facts as observed and measured and shall not improperly change them.

The Participants shall only issue reports and certificates that correctly present the actual findings or results obtained.  

The Participants shall avoid conflicts of interest, including providing services to any business, organization, individual, or entity, in which the Participant has a financial or commercial interest.  If a Participant is acting as an employee, member, partner or representative of a business, organization, group, or entity, the Participant shall avoid providing services to a third party where the business, organization, group, or entity, has a financial or commercial interest in that third party. 

The Participants shall treat all information received during the provision of services under the Program as business confidential to the extent that such information is not already published, generally available to third parties or otherwise in the public domain.  

The Participants shall prohibit the offer or acceptance of a bribe in any form, including the receipt of gifts, services, or benefits, in order to influence the determination of any test data, inspection results, or certification decision, related to the provision of services under the Program.  

The Participants shall only make statements regarding the Program, including any comparisons with or references to competitors or their services, in a manner that is truthful and not deceptive or misleading or likely to mislead.  

The Participants shall report violations of the Code of Ethics to the Program Administrator and work to support the business ethics and values embodied herein.

* Agreed I agree to the Program Code of Ethics

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