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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., +--------------------------------------------------------------------------+ +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 + + + + + +--------------------------------------------------------------------------+ 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 +--------------------------------------------------------------------------+ :':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 .. -. T T '" +--------------------------------------------------------------------------+ 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.