HomeMy WebLinkAbout4607 Contract Number: 4607
Vendor: J G McDONALD & ASSOCIATES
Subject: Claims Adjusting Services
Department: Risk Manager
File Class: LEG 12 -1
Begin Date: 1/17/2007
End Date: 12/31/2015
Review Date: 9/1/2015
Vault Date:
Comments: See contract for compensation Extension w /mutual
written agreement or Termination w /written notice
Amendment #1 -1/08, #2 -2/10, #3 -2/11, #4- 12/11, #5-
1/14
FIFTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND J.G. MCDONALD & ASSOCIATES
THIS FIFTH AMENDMENT, entered into as of the day of Or) kar , 20A,
specifically amends the Professional Services Agreement (Agreement) entered into etI" the
City of Bremerton and J G McDonald & Associates on January 17, 2007 and as modified on
January 8, 2008, January 27, 2010. February 16, 2011 and December 16, 2011
All provisions in the Agreement shall remain in fall force and effect except as expressly
modified by this document
For valuable consideration and by mutual consent of the parties, the modifications to the
Agreement are as follows•
I.
Section II Term is modified as follows to extend the term of the Agreement through December
31, 2015.
IL
Section III Compensation is modified to amend the price per assigned claim from $600 00 to
$650 00 commencing January 1, 2014.
III.
Consultant accepts all requirements of this Amendment by endorsing below.
This document will become a supplement of the Agreement and all provisions will apply
hereto. It is understood that this Amendment shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract amendment that is binding on the parties of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year
indicated.
J . MCDONALD & ASSOCIATES THE C TY OF BREMERTON
e
B J McDonald _ _ By Roger A. Lu bov ic
its President _ _ Its„ City Attomey
DATE DATE.
APPROVED AS TO FORM:
Bremerton City Attorney City Clerk
R tl.egalll.egallContractslRISKVG K- Donald Amend 5 doe
Contract Number- 4607
Vendor: J G McDONALD & ASSOCIATES
Subject- Claims Adjusting Services
Department Risk Manager
File Class: LEG 12 -1
Begin Date. 1/17/2007
End Date: 12/31/2013
Review Date: 11/1/2013
Vault Date-
Comments. See contract for compensation Extension w /mutual
written agreement or Termination w /written notice
Amendment #1 -1/08 #2 -2/10 #3 -2/11 #4- 12/11
FOURTH AMENDMENT TO PR OFESSI O N AL TN AND G CDONALD &
BETWEEN CITY OF BREMERO ASSOCIATES
THIS FOURTH AMENDMENT, entered into as of the K0 011 day of
�Ce 20 1 j , specifically amends the Professional Services Agreement
(Agreement) entered into between the City ed on January 8, 2008, January 27, 2010,
Associates on January 17, 2007 and as mod
and February 16, 2011
All provisions in the Agreement shall remain in full force and effect except as
expressly modified by this document
For valuable consideration and by mutual consent of the parties, the modifications
to the Agreement are as follows I,
Section II Term is modified as follows to extend the term of the Agreement through
December 31, 2013
II.
Consultant accepts all requirements of this Amendment by endorsing below.
This document will become a supplement of the Agreement and all provisions will
apply hereto. It is understood that this Amendment shall be effective when
approved by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter
into a contract amendment that is binding on the parties of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day
and year first written above.
J.G.PCDONALD & ASSOCIATES
THE CITY OF BREMERTON
By�J James Mc onald By Rol; A Lub ovic
Its President Its City Attorney
DATE
DATE.
APPR TO FORM: IC ST:
Br erton City Attorney
lerk
R \Legal\Legal \ConIracts\RISK\JG McDonald Amend 4 doe
Contract Number 4607
Vendor J G McDONALD & ASSOCIATES
Subject Claims Adjusting Services
Department Risk Manager
File Class LEG 12 -1
Begin Date 1/17/2007
End Date 12/31/2011
Review Date 11/1/2011
Vault Date
Comments See contract for compensation Extension w /mutual
written agreement or Termination w /written notice
Amendment #1 -1/08 #2 -2/10 #3 -2/11
THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMEROTN AND J.G. MCDONALD & ASSOCIATES
THIS THIRD AMENDMENT, entered into as of the IZZ d of
,h 20�, specifically amends the Professional Services Agreement
(Agreement) �ntered into between the City of Bremerton and J G McDonald &
Associates on January 17, 2007 and as modified on January 8, 2008 and January 27,
2010
All provisions in the Agreement shall remain in full force and effect except as
expressly modified by this document
For valuable consideration and by mutual consent of the parties, the modifications
to the Agreement are as follows
I.
Section 11 Term is modified as follows to extend the term of the Agreement through
December 31, 2011
II.
Consultant accepts all requirements of this Amendment by endorsing below.
This document will become a supplement of the Agreement and all provisions will
apply hereto. It is understood that this Amendment shall be effective when
approved by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter
into a contract amendment that is binding on the parties of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day
and year first written above.
J.G. CDONALD & ASSOCIATES THE CITY OF BREMEROTN
B 2 James McDonald By Roger A Lubovich
Its President Its City Attorney
DATE DATE - Z-
APP VED AS TO FORM: ATTEST:
�f Z40
r Zerton City Attorney City C rk
R U cgal\Legal\ContractsMSK\JG McDonald Amend 3 doe
I I
I
Contract Number: 4607
Vendor: J G McDONALD & ASSOCIATES
Subject: Claims Adjusting Services
Department: Risk Manager
File Class: LEG 12-1
Begin Date: Ol/O1/2007
End Date: 12/31/2010
Review Date: 11/O1/2010
Vault Date:
Comments: See contract for compensation
Extension w/mutual written agreement
Termination w/written notice
Amendment #1-1/08 #2-2/10
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMEROTN AND J.G. MCDONALD & ASSOCIATES
1 THIS SEC4ND AMENDMF,NT, entered into as of the � day of
V 201Q, specifically amends the Professional Services Agreement
(Agreeme entered into between the City of Bremerton and J.G. McDonald &
Associates on January 17, 2007 and as modified on January 8, 2008.
All provisions in the Agreement shall remain in full force and effect except as
expressly modified by this document.
For valuable consideration and by mutual consent of the parties, the modifications ,
to the Agreement are as follows: �
I.
Section II Term is modified as follows to extend the term of the Agreement through
December 31, 2010.
II.
Consultant accepts all requirements of this Amendment by endorsing below.
This document will become a supplement of the Agreement and all provisions will
apply hereto. It is understood that this Amendment shall be effective when
approved by the City of Bremerton.
The parties whose names appear below warrant that they are authorized to enter
into a contract amendment that is binding on the parties of the Agreement.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day
and year first written above.
J.G.�VICDONALD & ASSOCIATES THE C BREMERTON
��� �.., .�� .rv.. .
By ✓ James McDonald By Ro er A. �bx�sk-- GIn
Its President Its Citv Attorne�
DATE: ���( // 0 DATE: I_ j2�7 I I n
APPROVED AS TO FORM: ATTEST:
/! 1�/1,l.P�t �n..! � �.�.��`. �
merton i ttorney City Clerk �
R:\Legal\LegaRContracts�RISKUG McDonald . oc
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
COIIh'1lents:
4607
J G McDONALD & ASSOCIATES
Claims Adjusting Services
Risk Manager
LEG 12-1
01/01/2007
12/31/2009
11/01/2009
See contract for compensation
Extension w/mutual written agreement
Termination w/written notice
Amendment #1-1/08
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND J. G. MCDONALD &
ASSOCIA TES
THIS AMENDMENT, entered into as of the ~~_day of ~, 200', to the certain
Professional Services Agreement commencing January, 2007, between the City of Bremerton and J. G.
McDonald & Associates for claim adjusting services is based upon the following recital of facts:
1. There is a mutual desire to amend the Agreement to extend the term during which
services are to be performed by J. G. McDonald & Associates
NOW THEREFORE, for and in consideration of the mutual agreement contained herein, the
parties do hereby agree:
1. The Agreement is extended from December 31, 2007 to December 31, 2009
2. The City of Bremerton shall pay J. G. McDonald & Associates $600 per assigned claim, for
the services detailed in Exhibit A of the Professional Services Agreement and rendered
during this extension period.
3. All other terms of the Agreement as amended shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment as of the date and
year first written above.
DATE: J- '? - 0 </
DATE: 1- ;;'~-tJ r
ATTEST: ~J~~;?~~
cit/ch;rk \.// ~
APPROVED AS TO FORM:
~~~VIC~~=;
I
!
Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number 4607
J G McDONALD & ASSOCIATES
Claims Adjusting Services
Risk Manager
PRO File Class LEG 12-1
$
01/01/2007
12/31/2007
11/01/2007
GL
AL
E&O
$
$
$
Insurance Total
Insurance Review Date
$
02/01/2007
See contract for compensation
Extension w/mutual written agreement
Termination w/written notice
PROFESSIONAL SERVICES AGREEMENT
Claims Adjusting Services
The City of Bremerton ("City") and J.G. McDonald & Associates (Consultant) referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, attached hereto as Exhibit A, which is incorporated by reference herein. The
Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope
of Work provides for unspecified additional services such services shall only be performed upon
the express written request of the City. Consultant further represents that the services furnished
under this Agreement will be performed in accordance with generally accepted professional
practices in effect at the time such services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement and continue through December31,
2007, unless terminated in accordance with Section VIII or extended by mutual, written
agreement of the Parties.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $600.00 per assigned claim. This amount
shall be all inclusive and no additional costs for ordinary travel, photos, copies, or office
expenses shall be payable by City. The Consultant shall submit regular billing statements
detailing work performed. Upon receipt of a conforming billing statement, the City shall
promptly process payment.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant an~Jits personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
Bremerton/J.G .McDonald
Claims Adjusting Services
Page 1 of 5
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLEL Y
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against errors and omissions which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, employees, or
sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
BremertonlJ.G.McDonald
Claims Adjusting Services
Page 2 of5
The City shall be given thirty (30) days prior written notice by certified mail, return
receipt requested, of any cancellation, suspension or material change in coverage.
The City reserves its unqualified right to require at any time and for any reason, proof of
coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of
coverage.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Tacoma, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times.
C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Tacoma, Washington. Meetings with the City staff shall take place at
the City's offices, or at locations mutually agreed upon by the parties.
E. Entire Agreement: This Agreement and its Exhibits constitute the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
Bremerton/J .G.McDonald
Claims Adjusting Services
Page 3 of5
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
Risk Manager
City of Bremerton
345 6th Street, Suite 600
Bremerton, W A 98337
Consultant Address
J.G. McDonald
PMB 17
2522 N. Proctor Street
Tacoma, W A 98406
1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
J. Non-Waiver of Breach: The failure ofthe City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
Bremerton/J.G .McDonald
Claims Adjusting Services
Page 4 of5
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
In the event of termination, the City shall pay for all services performed by the Consultant to the
effective date oftermination, as described on a final invoice submitted to the City. After
termination, the City may take possession of all records and data within the Consultant's
possession pertaining to this project which may be used by the City without restriction. Any
such use not related to the project which Consultant was contracted to perform shall be without
liability or legal exposure to the Consultant.
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CONSULTANT
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H:\My Documents\Risk Management Basics\ProfessionalServicesAgreement-adjuster services. doc
Bremerton/J.O.McDonald
Claims Adjusting Services
Page 5 of5
EXHlBIT A
Scope of Work - Claims Adjusting Services
I. Provide claims adjusting services as requested for losses or potential losses
reported to the City between January I, 2007 and December 31, 2007.
2. Promptly and reasonably investigate, adjust, settle as appropriate, or reject
assigned losses or claims; provided that the City retains the authority, upon notice
to the claims adjuster, to direct a portion or all of the investigation, adjustment, or
settlement associated with any particular claim.
3. Aggressively resist suspicious or potentially fraudulent claims
4. Make reasonable, periodic, personal contact with claimants where good claims
judgment dictates such action
5. Establish comprehensive files for each assigned claim or loss with sufficient
documentation to make reasonable judgments as to case value
6. Furnish the City of Bremerton with periodic claim activity reports, including
proposed claim reserves, as requested or necessary
7. Assist in the collection ofthe City of Bremerton's claims against others for
damage to City vehicles and buildings and coordinate salvage evaluation and
disposal