HomeMy WebLinkAbout2946
Vendor
Subject
Department
Status Code
Amount
Begin Date
End Date
Review Date
Insurance
Comments
Contract Number
2946
MULLIN, ROBERT M (Formerly MOORE & MULLIN)
Claims Management
Risk Manager
PRO File Class LEG 12-1
$9850.00
01/31/1989
12/31/2006
02/15/2008
GL $
AL $
E&O $
Insurance Total $
Insurance Review Date
Vault 01/01/2008
PROFESSIONAL SERVICES AGREEMENT
For Claims Adjusting Services
The City of Bremerton ("City") and Bob Mullin ("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, dated January 3, 2006 including any attachments thereto, 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.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant $9,850 per year. Consultant shall bill and City shall pay the Consultant
on a quarterly basis as long as the contract remains in effect. 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.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the. statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship of Parti.es: 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 and its pe:t:sonnel 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, insur~ce, 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. andsub:"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.
BremertonlMullin
Claims Adjusting Services
Page 1 of5
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 1imit~d 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. 0 .
v. Indemnification:' Consultant shall defend, indemirify and hol~ the City, its, officers,
officials, employees, agents and volunteers harmless from any arid al1.claims, injuries,. damages,
losses or suits, including all legal costs andattomey 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 comph;~ted shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHERSPECIFICALL Y AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFIC~TION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51' RCW, SOLELY'
, , ,
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,
professioha11iabi1ity insurance for claims which may arise from or in connection with the
performance of the work hereunder by th~ 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 Iniurance evidencing professiona11iabilityinsurance in the, minimum
amount of $500,000 per claim
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant snall furnish
periodic reports arid documents on, matters covered by this Agreement. ,The reports . and '
documents shall be furnished in the time and forri:1 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 und~r this Agreement will be
Bremerton/Mullin
Claims Adjusting Services
Page 2 of5
safeguarded by the Consultant to at least the same extent as the Cons,ultant 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. 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 Gig Harbor, 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 constitutes 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 thi~ Agreement be found vc~id, the balance' of the
Agreement shall remain in full force and effect.
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
345 6th Street, Suite 600
Bremerton, W A 98337
Consultant Address
Bob Mullin
3011 Islandview Court
Gig Harbor, W A 98335
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
BremertonlMullin
Claims Adjusting Services
Page 3 of5
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 ofWashihgton. 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 pr provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assignment: Any assignment of this agreement by the Contractor witholJ.t 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: The parties have entered into this agreement with the expectation that the
services detailed in Exhibit A .will be specifically performed by Bob.Mullin as requested by
City's current Risk Manager, Margaret Lesser. Should either of these individuals no longer be
available to participate in thjsagreem€nt, ,either party may terminate the'agreement:>r:upon :tenc
days notice to the other party. This Agreement shall remain in force until December 31, 2006,
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)
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.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date oftermination, asodescribed on a fmal
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.
BremertonlMullin
Claims Adjusting Services
Page 4of5
CITY OF BREMERTON
CONSULTANT
'1 ~
'13~
By: 0' / ,ULL/A,J
its: CotJSULTIt-IJ.,--
Date: I-d-O -- 6 0
rney
H:\My Documents\Risk Management B
"
Bremerton/Mullin
Claims Adjusting Services
Page 5 of5
EXHIBIT A
SCOPE OF WORK
Consultant will provide the City with claims administration and adjustingser'vices as
requested for losses or potential losses reported to City prior to or during the tenrt of this
agreement. The services to be provided will include, but will not be limited to, the
following:
(1) Promptly and reasonably investigate, adjust~ settle as appropriate, or reject all
losses or claims, provided that the City retains the authority, upon notice to Consultant, to
direct a portion or all of the investigation, adjustment, or settlement activity associated
with any particular claim. Unless otherwise authorized by the City Risk Manager,
Consultant shall not settle any claim for an amount in excess of $14,999.
(2) Aggressively resist suspicious or potentially fraudulent claims
(3) Make reasonable, periodic, personal contact with claimants where good claims
judgment dictates such action
(4) Establish comprehensive files for each reported claim or loss with sufficient
documentation to make reasonable judgments as to case value. Such ,files shall be th~,
property of City.
(5) Furnish City with periodic claim activity reports as requested or necessary.,
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+Enter Search Criteria, Press Esc Key to Transmit +
+Press Del Key to Terminate Delete Mode +
+ CHANGE Contract Transactions +
+ Contract Number 2946 +
+ +
+Vendor Name MULLIN, ROBERT M (FORMERLY MOORE & MULLIN) +
+Subject CLAIMS MANAGEMENT +
+Department RISK MANAGER +
+Status Code PRO +
+ Amount $9850.00 +
+ Begin Date 01/31/1989 +
+ Insurance End Date 12/31/2005 +
+ Type Amount Review Date 12/01/2005 +
+ +
+ +
+ +
+ Insurance Total $0.00 +
+ Insurance Review Date +
+ +
+ Comments +
+ +
+ +
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AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND ROBERT M. MULLIN -
FORMERLY MOORE & MULLIN, INC.
This AMENDMENT NO. 17, entered into as of the 10th day of February 2005, to
that certain Agreement dated February 9, 1988, between the City of Bremerton and
Robert M. Mullin, formerly Moore & Mullin, Inc. for claims adjusting and administration
services is based upon the following recitals of fact:
1. There is a mutual desire to amend the Agreement to extend the term during which
services are to be performed by Robert M. Mullin.
NOW THEREFORE, for and in consideration ofthe mutual agreements contained
herein, the parties do hereby agree:
1. The Agreement is extended from December 31, 2004 through December 31,
2005.
2. The City of Bremerton shall pay Robert M. Mullin $9,850 for the servic.es
detailed in Addendum "A" of the Agreement.
3. All other terms ofthe Agreement dated February 9, 1988, between the City of
Bremerton and Moore & Mullin, Inc. shall remain in full force and effect and the
parties agree to be bound by the same.
IN WITNESS THEREOF, the parties hereto have executed this Amendment
No. 17 as of the day and year first above written.
CITY OF BREMERTON
i/~m.
ROBERT M. MULLIN ICH, City Attorney I
-1~ 17 ;1..0 oS-
~ ~ '7 CJO r'
Date ' ) Date [
RECENED FOR FILING:
J
R:\LEGAL\Contracts\RISK\Moore & Mullin Amend 16.doc
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:':Enter Search Criteria, Press Esc Key to Transmit '"
: :Press Del Key to Terminate Delete Mode I
.. CHANGE Contract Transactions
.. Contract Number 2946 ..
.. ..
: :Vendor Name MULLIN, ROBERT M (FORMERLY MOORE & MULLIN) ..
- -Subj ect CLAIMS MANAGEMENT ..
- -Department RISK MANAGER ..
- -Status Code PRO --
.. Amount $9850.00 "
-- Begin Date 01/31/1989 "
_. Insurance End Date 12/31/2004 +
.- Type Amount Review Date 12/01/2004
.. ~
..
.. t
.. Insurance Total $0.00 -.
-- Insurance Review Date --
.. --
-- Comments ..
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AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND ROBERT M. MULLIN -
FORMERLY MOORE & MULLIN, INC.
This AMENDMENT NO. 16, entered into as of thc 20th day of January 2004, to
that certain Agreement dated February 9, 1988, between the City of Bremerton and
Robert M. Mullin, formerly Moore & Mullin, Inc. for claims adjusting and administration
services is based upon the following recitals of fact:
1. There is a mutual desire to amend the Agreement to extend the term during which
services are to be performed by Robert M. Mullin.
NOW THEREFORE, for and in consideration of the mutual agreements contained
herein, the parties do hereby agree:
1. The Agreement is extended from December 31, 2003 through December 31,
2004.
2.The City of Bremerton shall pay Robert M. Mullin $9,850 for the services
detailed in Addendum "A" of the Agreement.
3. All other terms of the Agreement dated February 9, 1988, between the City of
Bremerton and Moore & Mullin, Inc. shall remain in full force and effect and the
parties agree to be bound by the same.
IN WITNESS THEREOF, the parties hereto have executed this Amendment
No. 16 as of the day and year first above written.
CITY OF BREMERTON
RECEWED FOR FILING:
R:\LEGAL\Contracts\PdSK~Moor¢ & Mullin Amend 16.doc
+Enter Search Criteria, Press Esc Key to Transmit
+Press Del Key to Terminate Delete Mode
CHANGE Contract Transactions
Contract Number 2946
+
~Vendor Name MOORE & MULLIN INC
+Subject CLAIMS MANAGEMENT
Department RISK MANAGER
Status Code PRO
Amount $9850.00
Begin Date 01/31/1989
Insurance End Date 12/31/2003
Type Amount Review Date 12/01/2003
+
Insurance Review Date
+
Comments
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND ROBERT M. MULLIN -
FORMERLY MOORE & MULLIN, INC.
This AMENDMENT NO. 15, entered into as of thed/llP_~ day of June, 2003, to
that certain Agreement dated February 9, 1988, between the City of Bremerton and
Robert M. Mullin, formerly Moore & Mullin, Inc. for claims adjusting and administration
services is based upon the following recitals of fact:
1. There is a mutual desire to amend the Agreement to extend the term during which
services are to be performed by Robert M. Mullin.
NOW THEREFORE, for and in consideration of the mutual agreemen!s contained
herein, the parties do hereby agree:
1. The Agreement is extended from July 31, 2003 through December 31, 2003.
2. The City of Bremerton shall pay Robert M. Mullin $4,104 for the services
detailed in Addendum "A" of the Agreement.
3. All other terms of the Agreement dated February 9, 1988, between the City of
Bremerton and Moore & Mullin, Inc. shall remain in full force and effect and the
parties agree to be bound by the same.
IN WITNESS THEREOF, the parties hereto have executed this Amendment
No. 14 as of the day and year first above written.
CITY OF BREMERTON
ROBERT M. MULgIN
Date Date
R:\LEGAL\Contracts~RISKhMoore & Mullin Amend 15.doc
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND ROBERT M. MULLIN -
FORMERLY MOORE & MULLIN, INC.
This AMENDMENT NO. 14, entered into as of the ,~3 rd day of January, 2003,
to that certain Agreement dated February 9, 1988, between the City of Bremerton and
Robert M. Mullin, formerly Moore & Mullin, Inc. for claims adjusting and administration
services is based upon the following recitals of fact:
1. There is a mutual desire to amend the Agreement to extend the term during which
services are to be performed by Robert M. Mullin.
NOW THEREFORE, for and in consideration of the mutual agreements contained
herein, the parties do hereby agree:
1. The Agreement is extended through July 31, 2003.
2. The City of Bremerton shall pay Robert M. Mullin $4,925 for the services
detailed in Addendum "A" of the Agreement.
3. All other terms of the Agreement dated February 9, 1988, between the City of
Bremerton and Moore & Mullin, Inc. shall remain in full force and effect and the
parties agree to be bound by the same.
IN WITNESS THEREOF, the parties hereto have executed this Amendment
No. 14 as of the day and year first above written.
CITY OF BREMERTON
ROBERT M. MULLIN
F)/- =',
Date Date
RECEIVED FOR FILING:
R:\LEGAL\Contracts~RISKXMoore & Mullin Amend 14 -2.doc
AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
AND
MOORE & MULLIN, INC.
This AMENDMENT NO. ~ , entered into as of the ~ ~ day of
-~ , 19 ~o , to that certain Agreement dated
February 9, 19~8, between the City of Bremerton and Moore & Mullin,
Inc. for claims adjusting and administration services is based upon
the following recital of facts:
1. There is a mutual desire to amend the Agreement
to extgnd the term during which services are to
be performed by Moore & Mullin and compensation
paid by the City of Bremerton.
NOW, THEREFORE, for and in consideration of the mutual agreements
contained herein, the parties do hereby agree:
1. The Agreement is extended from January 31, 1990
to January 31, 1991.
IN WITNESS THEREOF, the parties hereto have executed this Amendment
No. ~ as of the day and year first above written.
ATTEST:
Robert M. Mullin
Name (typed) KATHLEEN L. McCLUSKEY, Clerk
¥.P. - Treasurer
Title (typed)
Date Date
AMENDMF, MT TO
PROFBHSZONAL 8ERVZCE8 AGREEMENT
BETW~BN
CZTY OF BP2~MERTON
MOORE & MULL~N; ~NC.
Th~ ,4%MENDMENT NO. 3 , entered into as of the ~ day of
~-3~/~ , 1991, to that certain Agreement dated February
9, 1988, be~een the City of Bremerton and Moore & Mullin, Inc. for
claims adjusting and administration 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
More & Mullin and to alter the compensation paid by the
City of Bremerton.
NOW, THEREFORE, for and in consideration of the mutual agreements
contained herein, the parties do hereby agree:
1. The Agreement is extended from January 31, 1991 to
January 31, 1992.
2. The City shall pay Moore & Mullin $9,850 for the services
detailed in Addendum "A" of the Agreement.
IN WITNESSTHEREOP, the parties hereto have executed this Amendment
No. 3 as of the day and year first above written.
~//~MOO~ & M~X.LIN, ~INC. ~C~ t~rON~.
S%gnature / LOUIS ~OR, Mayor
ATTEST:
~ Robe.~ M. Mullin ~~
Name (typed) ~~~Y, Clerk
k. Vice President & Treasurer
Title (t~ed) -
Date Date'
AHENDMEMTTO
PROFESSXOIi~L SERVICEH AGREEMENT
BETWEEN
CXTY OF BR.BHBRTON
MOORE & MULL~N~
2, to that certain Agreement dated
Inc. forclaims adjusting and administration 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
Moore & Mullin and to alter the compensation paid by the
City of Bremerton.
NOW, THEREFORE, for and in consideration of the mutual
agreements contained herein, the parties do hereby agree:
1. The Agreement is extended from January 31, 1992 to
January 31, 1993.
2. The City shall pay Moore & Mullin $9,850 for the services
detailed in Addendum "A" of the Agreement.
IN WITNESS THEREOF, the parties hereto have executed this
Amendment No. 4 as of the day and year first above written.
MOO~E & MULLINv INC. C~~N~
LOUIS MENTOR, Mayor
ATTEST:
Name (typed) EATHLEEN L. McCLUSKEY, Clerk
APPRO~VE_~SAPPROVE~S TO FORM:
Vice President / T£easurer ~
Title (typed) IAN ZIEVERS, 'City Attorney
Date / Date I ~
MNDMBNT TO
PROFESS?ON'AL HERVTCEH A(gREEHENT
BETWEEN
C'rTy OF BREHERTON
MOORE & MULL?N; ?NC.
This AMENDMENT NO. $ , entered into as of the ~ day of
February, 1993, to that certain Agreement dated February 9, 1988,
between the City of Bremerton and Moore & Mullin, Inc. for claims
adjusting and administration 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
Moore & Mullin and to alter the compensation paid by the
City of Bremerton.
NON, THEREFORE, for and in consideration of the mutual
agreements contained herein, the parties do hereby agreed:
1. The Agreement is extended from January 31, 1993 to
January 31, 1994.
2. The city shall pay Moore & Mullin $9,850 for the services
detailed in Addendum "A" of the Agreement.
IN WITNESS THEREOF, the parties hereto have executed this
Amendment No. 5 as of the day and year first above written.
MO~ MULLINt INC. CITY F BREMERTON
signature / LOUIS MENTOR,
ATTEST: --
Robert M. Mullin ~ ~-~(_~_~_~ ~
Name (typed) KATNLEEN L. McCLUSKEY, Clerk
Vice President & Secretary APP~ A~S
TO
FORM:
Title (typed) IAN~IEVERS, City Attorney
~te Date
AMENDMENT TO
PROFESSIONAL 8ERVICE~ ~GREEMENT
BETWBEN
CITY OF BRF, M~RTON
MOORE & ~ULLIN, INC.
This /~ENDMENT NO. 6 , entered into as of the 1st day of
Feb~arv, 1994, to that certain Agreement dated February 9, 1988,
between the City of Bremerton and Moore & Mullin, Inc. for claims
adjusting and administration 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
Moore & Mullin.
NOW, T~EREFORE, for and in consideration of the mutual
agreements contained herein, the parties do hereby agree:
1. The Agreement is extended from January 31, 1994 to
January 31, 1995.
2. The City shall pay Moore & Mullin $9,850 for the services
detailed in Addendum "A" of the Agreement.
IN WITNESS THEREOF, the parties hereto have executed this
Amendment No. 6 as of the day and year first above written.
MOO~t~ & MULLIN, INC. CITY OF BREMERTON
'S~gnature ~ / LYNN HORTON, Mayor
ATTEST:
Robert M. Mull~.n ~N~ ~r~.~
Name (typed) KATHLEEN L. McCLUSKE~, Clerk
A~TO FORM:
Vice-President & Treasurer '
Title (typed) ~I~SkEVERS, City Attorney
Jan. 24, 1994 ~\~%
Date Dat~''
~DI~NT TO
PROFESSIONAL SERVICES AGREEMENT
B~ww~gN
CITY OF BRBI~RTON
MOORE & MULLIN, INC.
This /%MENDMENT NO. 7 , entered into as of the day of
Feb~arv, 199~ to that certain Agreement dated February 9, 1988,
between the City of Bremerton and Moore & Mullin, Inc. for claims
adjusting and administration 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
Moore & Mullin.
NON, THEREFORE, for and in consideration of the mutual
agreements contained herein, the parties do hereby agree:
1. The Agreement is extended from January 31, 1995 to
January 31, 1996.
2. The City shall pay Moore & Mullin $9,850 for the services
detailed in Addendum "A" of the Agreement.
IN WITNESS THEREOF, the parties hereto have executed this
Amendment No. 7 as of the day and year first above written.
MOORE & MULLIN, INC. CITY OF BREMERTON
ATTEST:
. McCLUS
Robert M. Mullin
Name (t~ed) ~TH~EN ~ Clerk
v.P Treasurer
Title (t~ed) I~ SIEURS, city Attorney
Date Date
AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
AND
MOORE & MULLIN
This AME~MENT NO. ~. eatered into as of the day of February. 1997, to that
certain Asreement dated February 9, 1988, between the City of Bremerton and Moore & M, dli~, Inc.
for claln~ adjusting and administration se~ices 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 Moore & Mullin.
NOW, TI~EREFORE, for and in consideration of the mutual agreements contained herein,
the parties do hereby agree:
1. The Agreement is ex~ended from through January 31, 1998.
2. The City shall pay Moore & Mullin $9,850 for the services detailed in Addendum "A"
of the Agreement.
IN WITNESS TI~REOI~, the parties hereto have executed this Amendment No. g__ as of
the day and year first above written.
MOORE & MUI,TJN, INC. crrY OF BREMERTON
Signature / LYNN HORTON, Mayor
ATTEST: ~
Robert M. Mullin ~ CYk,~-C-Q-~- ~ 7
Name (typed) KATHLEEN L. McCLUSKE¥, Clerk
c~?TO FORM:
Date --'~',t~ c~f~,2 / ¢ ¢ '7 IAN-SI~EVER~, City Att~)mey
Date ~ 7-' /~7
AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
MOORE & MUI,T,IN
This AMENDMENT NO. 9. entered into as of the day of February. 1998, to that
certain Agreement dated February 9, 1988, between the City of Bremerton and Moore & Mullin, Inc.
for ctalm~ adjusting and administration services is based upon the following recital of facts:
1. There is a mutual desire to amend the A~reement to extend the term during which
services are to be performed by Moore & Mullin.
NOW, TI~REFORE, for and in consideration of the mutual agreements contained herein,
the parties do hereby agree:
1. The Agreement is extended through January 31, 1999.
2. The City shall pay Moore & Mullin $9,850 for the services detailed in Addendum "A"
of the Agreement.
IN WITNESS THF, REOF, the parties hereto have executed this Amendment No. ~9 as of
the day and year first above written.
MOORE & MULLIN, INC. CITY OF BREMERTON
L~HORTON, Mayor
ATTEST:
Name (typed) I~T¥ILEEN L. McCLUSKEY/Clerk
/'~]~OV~D AS TO FQIt~:
/
'k TZA C . - -
~si~t Ci~ Attom~
AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
MOORE & MULLIN
This AMENDMENT NO. !0, entered into as of the ~o~:~day of January_. 1999, to that
certain Agreement dated Febmaxy 9, 1988, between the City of Bremerton and Moore & Mullin, Inc.
for claims adjusting and administration services is based upon the following recital of factS:
1. There is a mutual desire to amend the Agreemem to extend the term during which
services are to be performed by Moore & Mullin.
NOW, TI~REFORE, for and in consideration of the mutual agreements contained herein,
the parties do hereby agree:
1. The Agreement is extended through January 31, 2000.
2. The City shall pay Moore & Mnllln $9,850 for the services detailed in Addendum "A"
of the A4~reement.
IN WITNESS THEREOF, the parties hereto have executed this Amendment No. I_Q as of
the day and year first above written.
MOORE & MULLIN, INC. CITY OF BREMERTON
~is:hatUr¢ ORTON, Mayor
ATTEST:
Name (typed) KATHLEEN L. McCLUSKEY, Clerk
owv As ro
GLL~A MALANCA
City Attorney
,ate
AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
MOORE & MULLIN
This AMeNDMeNT NO. 11, entered into as ofthe,,2L~ day of Sanuary, 2000, to that
certain Agreement dated February 9, 1988, between the City of Bremenon and Moore & Mullin, Inc.
for cl~m adjustin~ and administration services is based upon the following recital of facts:
1. There is a mutual desire to amend the A~reement to extend the term during which
services are to be performed by Moore & Mullin.
NOW, T/i~REFORE, for and in consideration of the mutual a~'eements contained herein,
the parties do hereby a~'ee:
1. The A~reement is extended through 3anuary 31,2001.
2. The City shall pay Moore & Mullin $9,850 for the services detailed in Addendum "A"
of the A~reement.
IN WITNESS THEREOF, the parties hereto have executed this Amendment No. 11 as of
the day and year first above written.
MOORE & MULLIN, INC. CITY OF BREMERTON
Si~ure LYNN HORTON, Mayor
ATTEST:
Name (typed) KATHL L. McCLUSKEY, Clerk
APPROVED AS TO FORM:
Date ~~.~ c~O
City Attorney
Date
AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
AND
MOORE & MULLIN
This AMENDMENT NO. 12, entered into as of the tfi~C, day ofJ~, 2001, to that
certain Agreement dated February 9, 1988, between the City of Bremerton and Moore & Mullin, Inc.
for claims adjustin8 and administration services is based upon the following recital of facts:
There is a mutual desire to amend the Agreement to extend the term during which
services are to be performed by Moore & Mullin.
NOW, TItEREFORE, for and in consideration of the mutual agreements contained herein,
the parties do hereby agree:
1. The Agreemem is extended through January 31, 2002.
2. The City shall pay Moore & Mullin $9,850 for the services detailed in Addendum "A"
of the Agreemem.
IN WITNESS TI~EREOF, the parties hereto have executed this Amendment No. 12 as of
the day and year first above written.
MOORE & MULLIN, INC. CITY OF BREMERTON
S~gnature / LYNN HORTON, Mayor
ATTEST:
Name (typed) HLEEN L McCLUSKF~, Clerk
APPROVED AS TO FOP,~I:
Date faf,.'~ ~o~ ~- O/
DAVID ST. PIERRE
Assistant City Attorney
Date ,=~- ~ -d/
PROFESSIONAL SERVICES AGREEMENT
Claims Administration
THIS AGREEMENT is between the City of Bremerton, a municipal
corporation (hereafter referred to as "City") and Moore & Mullin,
Inc. (hereinafter referred to as MAY).
W I T N E S S E T H:
1. SCOPE: M&M agrees to provide the City with Claims
Adjusting and Administration services for its insured/self-
insured property and liability program. M&M's services are more
fully outlined in Addendum "A" attached hereto.
2. TERM: This Agreement shall commence on February 1, 1988
and will terminate January 31, 1989 unless extended by the mutual
agreement of City and M&M.
3. COMPENSATION: City shall pay M&M $9,200 for the
services detailed in Addendum "A". In the event of a
catastrophic occurrence giving rise to eight or more claims from
a single event, City will negotiate an additional fee for
services provided by M&M or its designee.
4. RELATIONSHIP OF PARTIES: The parties understand and
agree that MaY is a firm skilled in matters pertaining to claims
adjusting and administration services and will perform
independent functions and responsibilities in the area of its
particular field of expertise. MaY and its personnel shall act
as independent contractors and not employees of the City. As
such they have no authority to bind the City nor control
employees of the City, contractors, or other entities. Within
the performance of these duties, M&M shall work under the
direction of the Risk Manager and/or City Attorney.
5. INSURANCE AND HOLD HARMLESS: Prior to and during the
performance of the work covered by this Agreement, M&M shall
provide the Risk Manager for the City of Bremerton with evidence
that it has obtained and maintains in full force and effect
during the term of this Agreement a policy of professional
liability insurance, and/or errors and omissions insurance,
providing coverage of at least $500,000.00 against professional
liability or errors and omissions in connection with the work to
be performed by YaM under this Agreement. The Risk Manager shall
be provided thirty (30) days' written notice of any cancellation
of said professional 1/ability insurance.
M&M agrees to defend, indemnify and save harmless the City,
its appointed and elected officers and employees, from and
against any and al/ liability, loss, costs, damage and expense,
including costs and attorney fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal
or bodily injury, including death at any time resulting
thereform, sustained or alleged to have been sustained by any
person or persons and on account of damage to property, arising
or alleged to have arisen directly or indirectly out of or in
consequence of or the performance of this Agreement, whether such
injuries to persons or damage to property is due to the
negligence of M&M, its subcontractors, agents, successors or
assigns, This provision shall be inapplicable if City is
~udi¢ially found solely negligent for such damage or injury.
6. GENERAL CONDITIONS:
a. Reports and Information - M&M, at such times and in
such forms as the City may require, shall furnish the City such
reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pursuant to this
Agreement, the costs and obligations incurred or to be incurred
in connection therewith, and any other matters covered by this
Agreement. MaM will maintain accounting records in accordance
with generally accepted accounting principals and practices to
substantiate all invoiced amounts.
The original documents and files generated by M&M shall be
the property of the City and transmitted to the City upon
termination of this Agreement or upon request.
b. Assignability - M&M shall not assign any interest
in this Agreement and shall not transfer any interest in same
(whether by assignment or novation), without the prior written
consent of the City thereto; provided, however, that claims for
payment under this Agreement may be assigned.
c. Entire Agreement - This Agreement constitutes the
entire agreement between the parties and both parties acknowledge
that there are no other agreements, written or oral, that have
not been fully set forth in the text of this Agreemet.
d. Amendments - The parties hereby further agree that
this Agreement cannot be amended or modified without the written
concurrence of both parties.
e. Notices - Any not/cee required to be given by the
City to M&M or by M&M to the City shall be in writing and
delivered to the following parties at the following addresses:
Risk Manager Bob Mullin
239 4th Street 1648 S. 310th St, Suite 2
Bremerton, WA 98310 Federal Way, WA 98003
f. Waiver - Failure to insist upon strict compliance
with any terms, covenants or conditions of this Agreement shall
not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be
a waiver of any other breach.
g. Compliance with State, Local and Federal Laws - M&M
agrees to comply with all applicable local, state and federal
laws in performance of all services under this Agreement.
?. TERMINATION: This Agreement may be terminated by either
party for convenience upon thirty ($0) days' written notice to
the other party, or for cause if either party fails substantially
to perform through no fault of the other and does not commence
correction within five (S) days of written notice and diligently
completes the correction thereafter. Upon such termination, City
will be entitled to reports showing the status of all matters
upon which M&M is providing services to the City as of the
effective date of termination. In the event of termination of
this Agreement prior to January $1, 1989, M&M shall remit to the
City a prorated portion of the fee based upon the remaining
months left in this Agreement.
8. NONDISGRIMATION: M&M shall not discriminate in any
manner on the basis of sex, race, color, creed, or national
origin, age, marital status, physical, mental or sensory handicap
unless a bona fide occupational qualification applies to an
employment action.
IN WITNESS WHEREOF the part/es hereto have executed this
Agreement the date and year indicated.
BY: /l~.,~l~v /. IJl~,~
~re~ident--
Secretary
CITY OF BREMERTON
BOBg, Mayor
ATTEST:
~THLREN L. McCLUSKEY,
City Clerk
0~: DE~AR~MgNTAL APPROVAL:
1AN R. ~I~VERS, ~ MA~GA~T M. L~S~ER; -
C~ty Attorney Risk Manager
Services Provided
N&N will establish and implement a comprehensive claims
administration program to provide the City a superior service in
all respects. All needed actions will be undertaken to
accomplish this result. The services to be provided will
include, but will not be limited to, the following:
(1) To provide the highest level of service to be expected
according to claim type in the adjusting of all claim and/or loss
reports with claim and/or loss dates incurred during the term of
this contract which involve claims against City and/or claims
by City under its property and liability insurance/self-
insurance program. A claim and/or loss report shall be defined
as follows: Any notice, whether verbal or written, of an
occurrence or series of occurrences which may require further
investigation to determine, and absolve or acknowledge City
liability. This will include anticipated and/or potential
claims.
(2) To promptly and reasonably investigate, ad3ust, settle,
as appropriate, or reject all such losses and/or claims;
provided, however, that the City retains the authority, upon
written notice to M&M, to direct a portion or all of the
investigation, adjustment or settlement activity associated with
any particular claim. Unless otherwise authorized by the City
Risk Manager, M&M shall not settle any claim for an amount in
excess of $2,500.
($) To aggressively resist suspicious or potentially
fraudulent claims;
(4) To make reasonable, periodic personal contact with
claimants where good claims judgement dictates;
(5) To promptly furnish all claim forms necessary for
proper claims administration;
(6) To establish comprehensive claim and/or loss files for
each reported claim and/or loss with such sufficient
documentation to make reasonable judgements as to case value.
Such files shall be the property of City. A complete duplicate
of any such file shall be promptly provided City upon request.
(?) To provide a staff sufficient in size and competence to
handle the matters presented in a workmanlike fashion.
(8) To furnish City monthly claim activity reports.
ADDEI~I)I~M
SedUces Prov~de~
M&M will establish and implement a comprehensive claims
administration program to provide the City a superior service in
all respects. All needed actions will be undertaken
accomplish This result. The services to be provided will
include, but will not be limited To, The following:
(1) To provide the highest level of service to be expected
according To claim type in the adjusting of all claim and/or loss
reports with claim and/or loss dates incurred during the term of
this contract which involve claims against City and/or claims
by City under its property and liability insurance/self-
insurance program. A claim and/or loss report shall be defined
as follows: Any notice, whether verbal or written, of an
occurrence or series of occurrences which may require further
investigation To determine, and absolve or acknowledge City
liability. This will include anticipated and/or potential
claims.
(2) To promptly and reasonably investigate, adjust, settle,
as appropriate, or reject all such losses and/or claims;
provided, however, that the City retains the authority, upon
written notice To M&M, to direct a portion or all of The
investigation, adjustment or settlement activity associated with
any particular claim. Unless otherwise authorized by the City
Risk Manager, MRM shall not settle any claim for an amount in
excess of $2,500.
(3) To aggressively resist suspicious or potentially
fraudulent claims;
(4) To make reasonable, periodic personal contact with
claimants where good claims judgement dictates;
(5) To promptly furnish all claim forms necessary for
proper claims administration;
(6) To establish comprehensive claim and/or loss files for
each reported claim and/or loss with such sufficient
documentation to make reasonable judgements as To case value.
Such files shall be The property of City. A complete duplicate
of any such file shall be promptly provided City upon request.
(7) To provide a staff sufficient in size and competence to
handle The matters presented in a workmanlike fashion.
(8) To furnish City monthly claim activity reports.
AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BE~I~4EEN
C!~¥ OF BRE~ER~ON
AND
~OORE & M~LLIN, INC.
This AMENDMENT NO. 1 , entered into as of the ~ ~-~ day
of '"~'~'~.~'~.--~\. 19~ to that certain Agreement dated
February 9, 1988, between the City of Bremerton and Moore &
Mullin, Inc. for claims ad3usting and administration services is
based upon the following recital of facts:
There is a mutual desire to amend the Agreement
to extend the term during which services are to
be performed by Moore & Mullin and compensation
paid by the City of Bremerton.
NOW, THEREFORE, for and in conaideration of the mutual
agreements contained herein, the parties do hereby agree
1. The Agreement is extended from January 31
1989 to January $I, lggo.
IN WITNESS THEREOF, the parties hereto have executed this
Amendment No. i as of the day and year first above
wrd~ten.
MOORE & MULLIN, INC. CITY OF BREMERTON
ATTEST:
Robert M. Mullin '% ~-'-~-~,
Name (typed) KATHLEEN L. McCLUSKEY, Clerk
Vice-President & Treasurer
T.i _Le (typed)
Date
A~E. ND~NT TO
PROFESSIONAL SERVICES
BET~FEEN
CITY OF BRL~ERTON
AND
MOORE & MULLIN, INC.
This AMENDMENT NO. ! , entered into as of the ~ ~---~ day
of ' ~-~%, , 19~ , to that certain Agreement dated
February 9, 1988, between the City of Bremerton and Moore &
Mullin, Inc. for claims adjusting and administration 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 Moore & Mullin and compensation
paid by the C~ty of Bremerton.
NOW, THEREFORE, for and in consideration of the mutual
agreements contained herein, the parties do hereby agree:
1. The Agreemen~ 'is extended from January
1989 to January 31, 1990.
IN WITNESS THEREOF, the parties hereto have executed this
Amendment No. I as of the day and year first above
written.
MOORE & MULLIN, INC. CITY OF BREMERTON
Signature Signature (Mayor Lobe)
ATTEST:
Name (typed) KATHLEEN L. McGLUSKEY, Clerk
Title (typed)
Date Date
AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
AND
MOORE & MULLIN, INC.
This AMENDMENT NO. 2 , entered into as of the ~ ( day of
-~ , 19 ~o , to that certain Agreement dated
February 9, 19~8, between the City of Bremerton and Moore & Mullin,
Inc. for claims adjusting and administration 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 Moore & Mullin and comPensation
paid by the City of Bremerton.
NOW, THEREFORE, for and in consideration of the mutual agreements
contained herein, the parties do hereby agree:
1. The Agreement is extended from January 31, 1990
to January 31, 1991.
IN WITNESS THEREOF, the parties hereto have executed this Amendment
No. ~ as of the day and year first above written.
S LOUIS MENTOr, Mayor
ATTEST:
Robert M. Mullin
Name (typed) KATHLEEN L. McCLUSKEY, Clerk
V.P. - Treasurer
Title (typed)
Date Date
AMENDMENT TO
PROFBHH~OI'O~L BERVZCEH AGREEMENT
BEwwsEN
C~TY OF BREMERTON
HOORE & MULL~N~ INC.
Thi~ ~%MENDMENT NO. $ , entered into as of the 7 day of
~3~ , 19~1, to that certain Agreement d~ted February
9, 19~8, between the City of Bremerton and Moore & Mullin, Inc. for
claims adjukting and administration 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
More & Mullin and to alter the compensation paid by the
city of Bremerton.
NOW, THEREFORE, for and in consideration of the mutual agreements
contained herein, the parties do hereby agree:
1. The Agreement is extended from January 31, 1991 to
January 31, 1992.
2. The City shall pay Moore & Mullin $9,850 for the services
detailed in Addendum "A" of the Agreement.
IN WITNESS THEREOF, the parties hereto have executed thisAmendment
No. 3 as of the day and year first above written.
~gnature LOUIS
ATTEST:
Name (typed) ~~~Y, Clerk '~ --
k. Vice President & Treasurer
Title (typed) .
Date Date' ~ -
AHENDHBMT TO
PROFESBZONAL SBRVXCES AGREEMEHT
BETWEEN
CZTY OF BRBMERTON
MOORE & MULLZN; ZNC.
Thi NO~~____ , , entered into as of the ~ day of
, 1992, to that certain Agreement dated
9
February , 1988,J~etween the City of Bremerton and Moore & Mullin,
Inc. for claimsaa]usting and administration 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
Moore & Mullin and to alter the compensation paid by the
City of Bremerton.
NON, THEREFORE, for and in consideration of the mutual
agreements contained herein, the parties do hereby agree:
1. The Agreement is extended from January 31, 1992 to
January 31, 1993.
2. The City shall pay Moore & Mullin $9,850 for the services
detailed in Addendum "A" of the Agreement.
IN WITNESS THEREOF, the parties hereto have executed this
Amendment No. 4 as of the day and year first above written.
MOORE & MULLIN, INC.
~UIS ~NTOR, Mayor
ATTEST:
Robert M. Mullin
Name (t~ed) ~TH~EN L. McCLUS~Y, Clerk
Vice President / Treasurer APPROVED~S~TO
FO~:
Title (t~ed) I~ ~IEVERS, ~ity Attorney
Date / Date
AMENDMENT TO
PROFESSIONAL EERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
MOORE & MULLIN, INC.
This A~END~ENT NO. $ , entered into as of the ~ day of
February, 1993, to that certain Agreement dated February 9, 1988,
between the City of Bremerton and Moore & Mullin, Inc. for claims
adjusting and administration 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
Moore & Mullin and to alter the compensation paid by the
City of Bremerton.
NOW, THEREFORE, for and in consideration of the mutual
agreements contained herein, the parties do hereby agreed:
1. The Agreement is extended from January 31, 1993 to
January 31, 1994.
2. The city shall pay Moore & Mullin $9,850 for the services
detailed in Addendum "A" of the Agreement.
IN WITNESS THEREOF, the parties hereto have executed this
Amendment No. 5 as of the day and year first above written.
ATTEST:
Robert M. Mullin ~ ~V~(_~_~ ~ ~
Name (typed) KATHLEEN L. McCLUSKEY, Clerk
Vice President & Secretary ~ ~S
TO
FORM:
Title (typed) ~IA~iEVERS, City Attorney
te Date
~END~ENT TO
PROFESSIONAL 8ERVICE~ AGREEMENT
BEtWeEN
C~TY OF BRF,~ERTON
MOORE & MULL~N~ ~NCo
This AMeNDMeNT NO. $ , entered into as of the 1st day of
Feb~arv, 1994, to that certain Agreement dated February 9, 1988,
between the City of Bremerton and Moore & Mullin, Inc. for claims
adjusting and administration 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
Moore & Mullin.
NON, TH~P~FORE, for and in consideration of the mutual
agreements contained herein, the parties do hereby agree:
1. The Agreement is extended from January 31, 1994 to
January 31, 1995.
2. The City shall pay Moore & Mullin $9,850 for the services
detailed in Addendum "A" of the Agreement.
IN WITNESS THEREOF, the parties hereto have executed this
Amendment No. 6 as of the day and year first above written.
~~.~. ~6~& MULLIN, INC. CITY OF BREMERTON
-S~gnature / LYNN HORTON, Mayor
ATTEST:
Robert M. Mu]l~.n ~ ~ ~
Name (typed) KATHLEEN L. McCLUSKE~, Clerk
Vice-President & Treasurer A~PPROVED ~
TO
FORM:
Title (typed) ~r'~ S/~EVERS, City Attorney
Dat ,'' !
Date
~d~END~ENT TO
PROFB~B~ON~L HERVICE~ AGREF, MENT
BETWEEN
CITY OF BRB~ERTON
MOORE & MULLIN~ INC.
This A~EN~MENT NO. ? , entered into as of the day of
February, 1995~ to that certain Agreement dated February 9, 1988,
between the City of Bremerton and Moore & Mullin, Inc. for claims
adjusting andadministration 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
Moore & Mullin.
NON, THEREPORE, for and in consideration of the mutual
agreements contained herein, the parties do hereby agree:
1. The Agreement is extended from January 31, 1995 to
January 31, 1996.
2. The City shall pay Moore & Mullin $9,850 for the services
detailed in Addendum "A" of the Agreement.
IN NITNEB8 THEREOF, the parties hereto have executed this
Amendment No. 7 as of the day and year first above written.
MOORE & MULLIN, INC. CITY OF BREMERTON
~i~nature L~N HORTON, Mayor
ATTEST:
Robert M. Mull. in ~TH~LE~EN~L
Name (t~ed) · , Clerk
v.P / Treasurer
Title (t~ed) I~ SIEVER~, City Attorney
Date Date
AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
MOORE & MULLIN
This AMENDMENT NO. 8_., emered into as of the day of February. 1997, to that
certain Agreement dated Febmau 9, 1988, betweaa the City of Bremerton and Moore & M,11in, Inc.
for claims adjusting and administration 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 Moore & Mullin.
NOW, TglI~.REFORE, for and in consideration of the mutual agreements contained herein,
the parties do hereby agree:
1. The Agreement is extended bom through January 31, 1998.
2. The City shall pay Moore & M,,llin $9,850 for the services detailed in Addendum "A"
of the Agreement.
IN WITNESS TI~':REOF, the parties hereto have executed this Amendment No. 8 as of
the day and year first above written.
MOORE & MULLIN, INC. CITY OF BREMERTON
Signature LYNN HORTON, Mayor
ATTEST:
Robert M. Mull in
Name (typed) KATHLEEN L. McCLUSKE¥, Clerk
0 FORM:
I¢q7
IAN'SI~VERS, City Attorney
AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
MOORE & MULLIN
This AMENDMENT NO. ~ entered into as of the day of February, 1998, to that
cemdn Agreement dated February 9, 1988, between the City of Bremerton and Moore & Mullin, Inc.
for claims adjusting and administration 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 Moore & Mullin.
NOW, Tmc~REFORE, for and in consideration of the mutual agreements contained herein,
the parties do hereby agree:
1. The Agreement is extended through January 31, 1999.
2. The City shall pay Moore & Mullin $9,850 for the services detailed in Addendum "A"
of the Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Amendment No. 9 as of
the day and year first above written.
MOORE & MULLIN, INC. CITY OF BREMERTON
s~gnamre LYNN HORTON, Mayor
ATTEST:
Robert M. Hullin K~ ~~U~-~/ ~/~~<_~.~_ _
Name (typed) . VIcCLUSKEY/Clerk
/
/~D AS TO FOJt~:
Assistant Cit~ Attorney
Date ~//7t./~9)
AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
MOORE & MULLIN
This AMENDMENT NO. 1__% entered into as of the ~o~.:~.~day of January, 1999, to that
certain Agreement dated February 9, 1988, between the City of Bremerton and Moore & Mullin, Inc.
for claims adjusting and administration 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 Moore & Mullin.
NOW, TI~EREFORE, for and in consideration of the mutual agreements contained herein,
the parties do hereby agree:
1. The Agreement is extended through January 31, 2000.
2. The City shall pay Moore & Mullin $9,850 for the services detailed in Addendum "A"
of the A40'eement.
lb/WITNESS THEREOF, the parties hereto have executed this Amendment No. 10 as of
the day and year first above written.
MOORE & MULLIN, INC. CITY OF BREMERTON
~;ig~ature O ON, Mayor
ATTEST:
Robert M. Mullin ~'- ~-~----~ ~t~, ·
Name (typed) ~ --KATHLEEN L. McCLUSKEY, Clerl~
.~0/VED AS TO F~,RM:
City Attorney
Date
AMENDMENT TO
PROI~SSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF BREMERTON
MOORE & MULLIN
This A..M~NDMENT NO. 11, entered into as ofthe,,~ day of January, 2000, to that
certain A~r~nmat dated February 9, 1988, between the City of Bremerton and Moore & Mullin, Inc.
for cl~'m adjustiag and administration services is he~d upon the following recital of facts:
1. There is a mutual desire to amend the Agreement to extend the term during which
services ere to be performed by Moore & Mullin.
NOW, T]IEREFORE, for and in consideration of the mutual agreements contained herein,
the parties do ~ agree:
1. The Agreement is extended through January 31, 2001.
2. The City shall pay Moore & Mullin $9,850 for the services detailed in Addendum "A"
of the A~reement.
IN WITNESS THEREOF, the parties hereto have executed this Amendment No. 11 as of
the day and year first above written.
MOORE & MULLIN, INC. CITY OF BREMERTON
Signature LYNN HORTON, Mayor
ATTEST:
Name (typed) KATHLEEN L. McCLUSKEY, Clerk
APPROVED AS TO FORM:
City Attorney
Date L-),,o-OD
GATES, NcDONALD & COMPANY
PROFESSIONAL SERVICES CONTRACT
WITNESSETH:
That in consideration of the agreements expressed herein, the City of Bremerton
("Client"), having an office at 239 Fourth Street, Bremerton, Washington 98310
and Gates, McDonald & Company, ("Gates, McDonald"), a corporation of the State
of Ohio having an office at P. O. Box 1944, Columbus, Ohio 43216-1944, do hereby
agree as follows:
ARTICLE I - SCOPE OF WORK
Gates, McDonald shall render all the services specified in Exhibit A, attached
hereto and made a part hereof. The services shall be performed in accordance
with such requirements or restrictions as may be lawfully imposed by
governmental authority and shall exclude any activities which may be deemed the
practice of law.
ARTICLE 2 - CONTRACT PRICE
Client shall pay Gates, McDonald for its performance under this contract in
accordance with the schedule contained in Exhibit B, attached hereto and made a
part hereof. Unless otherwise specifically provided in Exhibit B, the scheduled
payments include the cost of all labor, equipment, materials and travel required
to complete the services described in Exhibit A.
ARTICLE 3 - BILLING AND PAYMENT
Gates, McDonald shall submit invoices for all work performed under this
contract. Invoices against this contract shall indicate the work performed for
which billing is rendered, shall be in accordance with the schedule of payments
in Exhibit B, and shall be submitted in duplicate to the following:
CITY OF BREMERTON
239 FOURTH STREET
BREMERTON, WASHINGTON 98310
ARTICLE 4 - DURATIOM
When signed by the parties, and approved by Gates, McDonald at its home office,
this proposal shall become a contract for services.
This contract applies to all work performed by Gates, McDonald which is
described in Exhibit A hereto, whether performed in anticipation of or following
the execution of this contract, the initial contract term of this contract shall
begin on and shall expire on
Upon expiration of the initial contract term, the contract shall automatically
renew itself from year-to-year subject to termination by either party upon
ninety (gO} days written notice. Either party may, at the end of the first nine
(9) months, give written notice of its intention to terminate at the end of the
initial contract term. When this contract is terminated, then and in that
event, the parties shall make an adjustment to the paj~nent schedule in Exhibit B
to reflect the amount Gates, McDonald is entitled to receive under this contract
for services performed prior to the date of termination. Thereafter, Client
shall pay Gates, McDonald monies due and owing after such adjustment, if any, or
Gates, McDonald shall refund monies due and owing Client after such adjustment,
if any.
ARTICLE 5 - CONFIDENTI~ INFOR#ATION
Any data or other technical or business information ("Information"} furnished or
disclosed hereunder is the property of Client and shall be deemed confidential
to Client and shall be returned to Client at the conclusion of this contract, or
shall be destroyed. If such Information is generally known, Gates, McDonald is
free of any obligation to keep it confidential. Information subsequently made
public need not be held in confidence by Gates, McDonald.
ARTICLE 6 - REL/4TIOMSHIP
Gates, McDonald shall exercise full control and direction over the
subcontractors and employees of Gates, McDonald performing the work covered by
this contract.
Neither Gates, McDonald nor its employees, agents or subcontractors shall be
deemed to be employees of Client. It is understood that Gates, McDonald is an
independent contractor for all purposes and at all times. Gates, McDonald is
wholly responsible for withholding and payment of all federal, state and local
income and other payroll taxes with respect to its employees.
ARTICLE 7 - ASSIGNMENT
This contract is one for personal services and may not be delegated or assigned
by Gates, McDonald without the written consent of Client. However, Gates,
McDonald will use its subsidiary BPC Risk Management Services to assist in
handling liability claims. All work performed by BPC RMS shall be deemed work
performed by Gates, McDonald. In the event, BPC RMS is merged into its parent,
Gates, McDonald will retain all rights and obligations contained in this
contract.
ARTICLE 8 - IION-BISCRIMINATION
Gates, McDonald shall comply, at its own expense, with the provisions of all
applicable state and municipal requirements and with all state and federal laws
and regulations applicable to the work and to Gates, McDonald as an employer of
labor or otherwise. Gates, McDonald agrees not to discriminate against any
employee or applicant for emplo~ent because of race, color, religion, sex, age,
national origin or handicap.
ARTICLE 9 - AGREE)~ENT AND NOTICES
The provisions of this contract constitute the whole and entire agreement
between Gates, McDonald and Client and may be modified and altered only by
mutual agreement, reduced to writing, executed by authorized representatives,
and delivered to each other. Whenever notices or consents are required to be
given under this contract, such notices or consents shall be reduced to writing,
executed by authorized representatives, and delivered to the other party.
ARTICLE 10 - WAIVER
The failure of either party at any time to enforce any right or remedy available
to it under this contract with respect to any breach or failure by the other
party shall not be construed to be a waiver of such right or remedy.
ARTICLE 11 - SEVEIb~BILITY
In the event that any one or more of the provisions contained herein shall for
any reason be held to be unenforceable in any respect under the law of any state
or of the United States of America, such unenforceability shall not affect any
other provision of this contract, but this contract shall then be construed as
if such unenforceable provision or provisions had never been contained herein.
ARTICLE 12 - SURVIVAL OF OBLIGATION
The obligations of the parties under this contract that by their nature continue
beyond the expiration of the contract shall survive any termination or
cancellation of this contract.
ARTICLE 13 - CAPTIONS
The captions in this contract are included for convenience only and shall not be
construed to define or limit any of the provisions contained herein.
IN WITNESS WHEREOF, Gates, McDonald and Client have executed this contract in
several counterparts on the day and year below written.
GATES, McDONALD & COMPANY CITY OF GREMERTON
By: By:
{Name & Title Typed or Printed) (Name & Title Typed or Printed)
(Date) (Date)
EXHIBIT A
SELF-INSURABCE
LIABILITY CLAIM ADMINISTRATION
Gates, McDonald will perform the following functions:
... Examine all reports of accidents and/or claims submitted by the City of
Bremerton, and make necessary investigations with respect to each report
and/or claim.
... Perform prompt claimant contact within 24 hours of reporting for bodily
injury and 48 hours for all other claimants. Mitigating losses and
limiting expenses require the employment of first contact settlements,
advance payments, and firm denials, as the facts warrant.
... Create a numbered file for each claimant when there is the possibility of
loss or expense payment. The numbered claim file contains all
investigation, legal, and processing records attributable to the claim; and
each document or piece of correspondence is "date stamped" upon receipt.
... Promptly acknowledge to the City of Bremerton each reported incident or
claim. The acknowledgement will include the City of Bremerton's location
code, claimant's name, date of occurrence and assigned claim file number.
... The claim manager assigns investigation when necessary to either a staff or
independent appraiser.
... Upon receipt of first notice, the claim manager reviews and assigns to a
claim representative specifying the work to be completed and insures prompt
investigation (24 hours).
... "No Fault" claim exposure is evaluated and disability wage and medical
verification materials are processed in the appropriate jurisdiction.
... Within ten (10) days of notice of loss, Gates, McDonald will have evaluated
the claim and made a determination as to the liability, potential costs,
and reserves for the claim.
... Within the authorization extended, negotiate and settle all claims which
warrant such dispositions and make reasonable efforts in accordance with
industry standards to dispose of all claims submitted by the City of
Bremerton and prepare compromises, agreements, and/or releases for the City
of Bremerton and where required, file the same with the proper public
authorities. In the event the City of Bremerton becomes involved in
litigation requiring legal services, Gates, McDonald will notify the
City of Bremerton to engage legal counsel at the City of Bremerton's own
expense to perform said services. Gates, McDonald shall cooperate fully
with legal counsel appointed by the respective entities under this program.
Settlement approval by the City of Bremerton will be in accordance with
established guidelines.
... Initial and subsequent reserves will be established for each claimant as to
bodily injury, property damage, no fault or physical damage. These
reserves will be reviewed at least quarterly and modified as appropriate.
... When indicated, obtain consultants in the fields of medicine, appraisal,
accident reconstruction, inspection and analysis.
· .. Gates, McDonald shall be responsible for obtaining copies of required
police and/or accident reports.
· .. Provide individual status reports on those claim reserves in excess of an
agreed upon amount. Also, provide individual status reports whenever
requested for an individual claim and for all claims in suit.
... All open files undergo regular review and remain on active diary until
final disposition.
· .. Examine, tabulate, and approve for payment all expenses incidental to
claims, including payments in settlement of damages and/or injury, which
shall be paid in a manner prescribed by the City of Bremerton in accordance
with the procedure agreed upon by Gates, McDonald and the City of
Bremerton.
· .. Maintain a record of each individual claim reported, and all such records
shall be available during the term of the agreement for inspection by the
City of Bremerton and/or their other authorized representatives.
· .. Negotiate claims against any excess carrier if excess insurance is
purchased including prior years.
· .. Prepare and submit periodic management claim reports including paid and
reserve amounts of claims filed during the current fiscal year, and claim
report (open and closed) for each prior year.
... Prepare and/or serve any and all reports, notices, and claims which may be
required from the City of Bremerton by any insurance company with which the
City of Bremerton may insure any part of its liability.
... Prepare basic information necessary for completion of annual applications
for approval as a self-insurer, required to be filed with the appropriate
governmental agencies.
... Perform such other general administrative and advisory services that may be
necessary to assist the City of Bremerton in developing and maintaining
effective management controls.
EXHIBIT B
FEES AND REIMBURSABLE EXPENSES
This is the Exhibit B referred to in the foregoing Contract with the City of
Bremerton and Gates, McDonald and shows the amounts to be paid to Gates for the
various services to be performed under this Contract.
Gates, McDonald will perform all of the services outlined in this proposal for
the following fees:
AUTOMOBILE LIABILITY
The annual fee for the services to be provided as set forth shall be $220 per
claimant. This fee will include all claims administrative services for any
claim reported during the contract period and the processing of the claim for
one (1) year after contract expiration. The fee after this period for claims
remaining open shall be at time and expense, calculated at $55 per hour.
Invoices will be issued monthly based upon the actual new claims processed for
the prior month.
GENERAL LIABILITY
The annual fee for the services to be provided as set forth shall be $250 per
claimant and $20 per record only claim. This fee will include all claims
administrative services for any claim reported during the contract period and
the processing of the claim for one (1) year after contract expiration. The fee
after this period for claims remaining open shall be at time and expense,
calculated at $55 per hour. Invoices will be issued monthly based upon the
actual new claims processed for the prior month.
PROPERTY LIABILITY
The fee for each Property Liability claim shall be $70 per hour plus mileage at
$.30 per mile and out-of-pocket expenses. Invoices shall be issued monthly
based upon the actual hours and mileage reported for the prior month.
In addition to the amounts charged per the fee schedule, Client will be
responsible for allocated expenses with prior approval. These are defined as
court costs, fees and expenses; fees for services of process; fees to attorneys;
costs of undercover operative and detective services; cost of employing experts
for preparation of maps, photographs, diagrams, chemical or physical analysis;
advice, opinion or testimony concerning claims under investigation or in
litigation; costs for legal transcripts of testimony taken at coroners'
inquests, criminal or civil proceedings; costs for copies of any public records;
costs of depositions and court reported or recorded statements; and any other
similar fee, cost or expense reasonably charged for investigation, negotiation,
settlement or defense of a claim or loss or to the protection and perfection of
the subrogation rights of a client.
If this offer is not accepted within ninety (90) days following the proposal
date, the offer shall expire.