1. 06/21/2006 to 05/31/2009...07/19/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 24, 2006
TO:
Teresa Aguiar
Employee Services
FROM:
Maria Slavik
Pamela G. Hanc~
Deputy Clerk Q
ATTN:
At the July 19, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of an Agreement between Goodman-Gable-Gould Company
d/b/a Adjuster International to retain Adjusters International Disaster Recovery Division in
assessing and handling claims due to a hurricane or other natural disaster.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
AGREEMENT BETWEEN MONROE COUNTY
AND
GOODMAN-GABLE-GOULD COMPANY dba
ADJUSTERS INTERNATIONAL
THIS AGREEMENT, made and entered into this If A day o~, 2006,
by and between MONROE COUNTY ("COUNTY"), a politicaJ6U~ivision of
the State of Florida, whose address is 1100 Simonton Street, Key West,
Florida 33040 and GOODMAN-GABLE-GOULD COMPANY a Maryland
Corporation doing business in the State of Florida as ADJUSTERS
INTERNATIONAL ("AI"), whose address is 6767 North Wickham Road,
Suite 400, Melbourne, FL 32940.
WHEREAS, County requires an insurance adjuster from time to
time to evaluate damage to County property; and
WHEREAS, this need is especially acute following a hurricane or
other disaster, and
WHEREAS, County has employed AI in the past for this purpose,
wishes to do so in the future; and
WHEREAS, AI has agreed to provide these services to COUNTY.
NOW THEREFORE, in consideration of the mutual covenants and
provisions contained herein, COUNTY and AI agree as follows:
1. THE AGREEMENT
The entire agreement between COUNTY and AI with respect to the
subject matter hereof is contained in this Agreement and in any exhibits
or attachments to it. This Agreement supersedes and terminates all prior
agreements between the AI and COUNTY and all prior oral and written
proposals and communications between COUNTY and AI related to this
Agreement. No provision of this Agreement shall be deemed waived,
amended or modified by either party unless such waiver, amendment or
modification is in writing and executed by both COUNTY and AI in the
same manner as this Agreement. This Agreement shall be binding upon
and inure to the benefit of the parties hereto, their permitted successors
and assigns.
2. SCOPE OF THE WORK
AI has been retained by County in connection with the claims or
events described in Exhibit A. AI represents that the adjustors it assigns to
the individual claims or events is competent and available to handle that
claim or event. This Agreement shall apply to all claims or events assigned to
AI, unless a separate Agreement is required by County.
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AI warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and
conditions set forth in these Agreement documents; and AI shall at all
times exercise independent, professional judgment and shall assume
professional responsibility for the services to be provided. AI shall provide
services using the following standards, as a minimum requirement:
A. AI shall maintain adequate staffing levels to provide the
services required under the Agreement.
B. AI personnel shall not be employees of or have any
contractual relationship with COUNTY.
C. All personnel engaged in performing services under this
Agreement shall be fully qualified, and, if required, to be
authorized or permitted under State and local law to perform
such services; and that said personnel presently have, and
shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its
business, and that it will at all times conduct its business
activities in a reputable manner as generally recognized in
its profession. Proof of such licenses and approvals shall be
submitted to COUNTY upon request.
3. PAYMENTS TO AI
Payments to AI shall be made as follows:
A. COUNTY'S performance and obligation to pay under this
Agreement, is contingent upon annual appropriation by the
Board of County Commissioners of Monroe County.
B. AI shall submit all invoices to the COUNTY with
supporting documentation acceptable to the Clerk based on
generally accepted accounting principles and such laws,
rules and regulations as may govern the Clerk's
disbursal of funds.
C. COUNTY shall pay in accordance with the Florida Prompt
Payment Act; payment will be made periodically in arrears,
but no more frequently than monthly.
D. Expenses will not be charged by AI to COUNTY.
4. TERM OF AGREEMENT
The term of this Agreement is for three years, commencing on the
21 st day of June, 2006, and ending on the 31 st day of May, 2009,
unless terminated earlier under relevant paragraph of this
Agreement.
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5. FINANCIAL RECORDS
AI shall maintain all books, records, and documents directly
pertinent to performance under this Agreement in accordance with
generally accepted accounting principles consistently applied. Each
party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement
and for four years following the termination of this Agreement. If an
auditor employed by COUNTY or Clerk determines that monies paid to AI
pursuant to this Agreement were spent for purposes not authorized by
this Agreement, AI shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies
were paid to AI.
6. PUBLIC ACCESS
The COUNTY and AI shall allow and permit reasonable access to,
and inspection of, all documents, papers, letters or other materials in its
possession or under its control subject to the provisions of Chapter 119,
Florida Statutes, and made or received by COUNTY and AI in conjunction
with this Agreement; and COUNTY shall have the right to unilaterally
cancel this Agreement upon violation of this provision by AI.
7. HOLD HARMLESS AND INSURANCE
AI covenants and agrees to indemnify and hold harmless Monroe
County Board of County Commissioners and County Court of Monroe
County from any and all claims for bodily injury (including death),
personal injury, and property damage (including property owned by
Monroe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of
services provided by AI occasioned by the negligence, errors, or other
wrongful act of omission of AI or its employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened
by the insurance requirements contained elsewhere within this
agreement.
Prior to execution of this agreement, AI shall furnish COUNTY
Certificates of Insurance indicating the minimum coverage limitations as
indicated by an "X" on the attached forms identified as INSCKLST 1-5, as
further detailed on forms WCI and GLl attached hereto and
incorporated as part of this Agreement document, and all other
requirements found to be in the best interest of Monroe County as may
be imposed by the Monroe County Risk Management Department.
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Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28,
Florida Statutes, the participation of COUNTY and Al in this Agreement
and the acquisition of any commercial liability insurance coverage, self-
insurance coverage, or local government liability insurance pool coverage
shall not be deemed a waiver of immunity to the extent of liability
coverage, nor shall any Agreement entered into by COUNTY be required
to contain any provision for waiver.
8. INDEPENDENT CONTRACTOR
At all times and for all purposes under this Agreement Al is an
independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this
agreement shall be construed so as to find AI or any of his employees,
subcontractors, independent contractors, servants, or agents hired by Al
to be employees of the Board of County Commissioners of Monroe
County.
9. NONDISCRIMINATION
County and AI agree that there will be no discrimination against
any person, and it is expressly understood that upon a determination by
a court of competent jurisdiction that discrimination has occurred, this
Agreement automatically terminates without any further action on the
part of any party, effective the date of the court order. County and AI
agree to comply with all Federal and Florida statutes, and all local
ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-
352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination
on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101- 6107) which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;
7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol
and drug abuse patent records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from
time to time, relating to nondiscrimination on the basis of disability; 10)
Any other nondiscrimination provisions in any Federal or state statutes
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which may apply to the parties to, or the subject matter of, this
Agreement.
10. ASSIGNMENT/SUBCONTRACT
AI shall not assign or subcontract its obligations under this
agreement, except in writing and with the prior written approval of the
Board of County Commissioners of Monroe County and which approval
shall be subject to such conditions and provisions as the Board may
deem necessary. This paragraph shall be incorporated by reference into
any assignment or subcontract and any assignee or subcontractor shall
comply with all of the provisions of this agreement. Unless expressly
provided for therein, such approval shall in no manner or event be
deemed to impose any additional obligation upon the board.
11. COMPLIANCE WITH LAW
In providing all services pursuant to this Agreement, AI shall abide
by all statutes, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect
and hereinafter adopted. Any violation of said statutes, ordinances, rules
and regulations, as determined by COUNTY, shall constitute a material
breach of this agreement and shall entitle the Board to terminate this
Agreement immediately upon delivery of written notice of termination to
AI.
12. DISCLOSURE AND CONFLICT OF INTEREST
AI represents that it, its directors, principles and employees,
presently have no interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the performance of
services required by this Agreement, as provided in Sect. 112.311, et.
seq., Florida Statutes.
County agrees that officers and employees of COUNTY recognize
and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida
Statutes, regarding, but not limited to, solicitation or acceptance of gifts;
doing business with one's agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Upon execution of this Agreement, and thereafter as changes may
require, AI shall notify COUNTY of any financial interest it may have in
any and all programs in Monroe County which COUNTY sponsors,
endorses, recommends, supervises, or requires for counseling,
assistance, evaluation, or treatment. This provision shall apply whether
or not such program is required by statute, as a condition of probation,
or is provided on a voluntary basis.
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The County and AI warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it,
any fee, commission, percentage, gift, or other consideration contingent
upon or resulting from the award or making of this Agreement. For the
breach or violation of the provision, AI agrees that COUNTY shall have
the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full
amount of such fee, commission, percentage, gift, or consideration.
13. PLEDGE OF CREDIT
AI shall not pledge COUNTY'S credit or make it a guarantor of
payment or surety for any Agreement, debt, obligation, judgment, lien, or
any form of indebtedness. AI further warrants and represents that it has
no obligation or indebtedness that would impair its ability to fulfill the
terms ofthis Agreement.
14. NOTICE REOUIREMENT
Any notice required or permitted under this agreement shall be in
writing and hand delivered or mailed, postage prepaid, to the other party
by certified mail, returned receipt requested, to the following:
FOR COUNTY
Monroe County Court Administrator and
500 Whitehead Street
Key West, FL 33040
County Attorney
PO Box 1026
Key West, Fl. 33041-1026
FOR AI:
Pat Cuccaro
6767 North Wickham Road, Suite 400
Melbourne, FL 32940
15. TAXES
The County is exempt from payment of Florida State Sales and Use
taxes. AI shall not be exempted by virtue of COUNTY'S exemption from
paying sales tax to fulfill its obligations under this Agreement. AI shall be
responsible for any and all taxes related to services rendered under this
agreement.
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16. GOVERNING LAW. VENUE. INTERPRETATION. SEVERABILITY.
COSTS AND ATTORNEY FEES
A. Governing Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of
Florida.
B. Venue. In the event that any cause of action or
administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, COUNTY and AI agree
that venue will lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida.
C. Severability. If any term, covenant, condition or provision of
this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby;
and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law
unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement.
COUNTY and AI agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as
close as possible to the intent of the stricken provision.
D. Attorney's Fees and Costs. COUNTY and AI agree that in
the event any cause of action or administrative proceeding is
initiated or defended by any party relative to the enforcement
or interpretation of this Agreement, the prevailing party shall
be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award
against the non-prevailing party.
E. Adjudication of Disputes or Disagreements. County and
AI agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first
meet and confer session, the issue or issues shall be
discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved
to the satisfaction of the parties, then any party shall have
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the right to seek such relief or remedy as may be provided by
this Agreement or by Florida law.
Mediation proceedings initiated and conducted pursuant to
this Agreement shall be in accordance with the Florida Rules
of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
County and Al specifically agree that no party to this
Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
F. Cooperation. In the event any administrative or legal
proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this
Agreement, County and AI agree to participate in all
proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or
provision of the services under this Agreement.
17. TERMINATION
The County may terminate this Agreement for cause with seven (7)
days notice to AI. Cause shall constitute, in the judgment of the Board of
County Commissioners a breach of the obligations of AI to perform the
services enumerated as AI's obligations under this Agreement. Either of
the parties hereto may terminate this Agreement without cause by giving
the other party sixty (60) days written notice of its intention to do so.
18. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of COUNTY and AI and their
respective legal representatives, successors, and assigns.
19. AUTHORITY
Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly
authorized by all necessary County and corporate action, as required by
law.
20. CLAIMS FOR FEDERAL OR STATE AID
AI and County agree that each shall be, and is, empowered to
apply for, seek, and obtain federal and state funds to further the purpose
of this Agreement; provided that all applications, requests, grant
proposals, and funding solicitations shall be approved by each party
prior to submission.
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21. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from
laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of COUNTY,
when performing their respective functions under this Agreement within
the territorial limits of COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of COUNTY.
22. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This
Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon
the entity by law except to the extent of actual and timely performance
thereof by any participating entity, in which case the performance may
be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing
the delegation of the constitutional or statutory duties of COUNTY,
except to the extent permitted by the Florida constitution, state statute,
and case law.
23. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any
of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program
contemplated hereunder, and COUNTY and AI agree that neither
COUNTY nor AI or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular
individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this
Agreement.
24. ATTESTATIONS
AI agrees to execute such documents as COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics
Statement, and a Drug-Free Workplace Statement.
25. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be
a covenant or agreement of any member, officer, agent or employee of
Monroe County in his or her individual capacity, and no member, officer,
agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by
reason of the execution of this Agreement.
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26. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts,
each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the
parties hereto may execute this Agreement by singing any such
counterpart.
27. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter
of convenience of reference only, and it is agreed that such section
headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement on the day and date first written above in four (4)
counterparts, each of which shall, without proof or accounting for the
/~~'F}}C1nterparts, be deemed an original Agreement.
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"":Ir:fr &. .,~ For COUNTY:
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"~;;<~t'~.:pf.~NY L. KOLHAGE, OF MONRO'~COUNTY'
'",:;cLERl\!\6f COURT of MONROE
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. epu y Clerk Mayor Charles "Sonny" McCoy
Date: ~''-".., Date: ~ ,.,.....f.,.
For AI:
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MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
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, NATllEENE W. CASSEL
ASSISTA~T CfbUNTY ATTORNEY
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EXHIBIT A
To AGREEMENT BETWEEN MONROE COUNTY
AND
GOODMAN-GABLE-GOULD COMPANY dba
ADJUSTERS INTERNATIONAL
AI's ("Adjuster") objective is to support Monroe County Florida ("Assured") in the entire
claim process, with the goal of achieving the maximum insurance recovery as promptly
as possible. Using a team approach, we will assemble the professionals best suited to
accomplish this goal. AI will prepare all claims for submission and coordinate all
supporting documentation. AI will work directly with you and your staff in the
development of these claims for presentation to the carrier.
Specific areas AI will address:
Property Damage Claim
I) Investigate and analyze all property damage to the county
2) Prepare a concise, well-documented replacement cost estimate on the buildings
and determine ACV if applicable
3) Evaluate "codes upgrade" coverage, if it applies
4) Investigate and analyze all property damage to the contents, including furniture,
fixtures, machinery, equipment, computer systems, etc.
5) Prepare a concise, well-documented property claim
Present and support the claim through settlement
Business Interruption Claim
I) Advise management on how to capture and develop loss information, i.e. track
Impact ofloss
2) Determine period of suspension
3) Evaluate discontinued (saved) expenses
4) Determine expediting expenses; expenses related to reducing the loss
5) Prepare financial projections and "what if' scenarios
6) Prepare business interruption valuation report7) Provide total business
interruption claim management to ensure integration with the property and extra
expense portions of the claim
7) Prepare and support t the claim through settlement
Extra Expense Claim
I) Advise management on identification of extra expense losses
2) Coordinate tracking of extra expense items
3) Determine excess over normal expenses
4) Determine period of indemnity
5) Integrate the extra expense claim with the property damage and business
interruption claim
6) Present and support the claim through settlement
7)
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General
1) Review all insurance policies in order to identify your rights and obligations
under those policies
2) Review any and all pre-loss appraisals and estimates that could affect the claim
3) Evaluate the procedures being followed, to mitigate damages and implement
emergency repairs
4) Coordinate and integrate all areas of the claim effort with on-going operations
and the overall recovery process
5) Coordinate the necessary "expert reports" to support and assemble the claim
6) Assist in the coordination of advance payments from the insurance company
7) Coordinate all inspections and meetings with the insurance company
representatives, including their "outside experts"
8) Provide regular status reports
9) Review all claim data with you, prior to providing such material to the
insurance company and their representatives
10) Provide the assistance required to support all claims presented
11) Conduct and/or participate in all settlement discussions with the insurance
company
12) We will hold in strictest confidence, all information relating to your claims and
business operation
13) Our overall goal is to expedite the best possible recovery
We would like to stress that our intention is to provide professional assistance to your
from an advocacy position, in order to document, support, expedite and insure the best
possible claim recovery.
After property damage loss incidents affecting Monroe County, when the County, at its
sole and unfettered discretion, decides to prepare and present a claim, the Adjuster is
authorized to, and will, prepare all necessary estimates and other applicable and/or
required instruments to comply with the provisions of the insurance policies concerned in
behalf of the Assured.
The Assured will compensate the Adjuster upon receiving proceeds as a result of a loss
settlement. The Assured agrees to pay the said Adjuster for its services, a fee of seven
percent (7%) ofthe gross amount adjusted or otherwise recovered as a result of said
claim or claims on claims that resolve for an amount equal to $300,000.00 or less, eight
and one-half percent (8.5%) of the gross amount adjusted or otherwise recovered as a
result of said claim or claims on claims that resolve for an amount from $300,000.00 to
$600,000.00, and ten percent (10%) of the gross amount adjusted or otherwise recovered
as a result of said claim or claims on claims that resolve for an amount in excess of
$600,000.00
The Adjuster agrees to pay for all expenses incurred by the Adjuster, in securing
estimates, expert opinions, and for all other expenses incurred by the Adjuster incident to
the adjustments, except for those costs associated with and for the hiring of legal counsel,
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should such costs ever be applicable. Counsel will not be retained to work on any such
loss incident by the Adjuster without the express consent of The Assured.
The Adjuster hereby agrees to render the said services for the compensation above
specified. It is agreed that all adjustments shall be made and concluded only with the
consent of the Assured.
This Proposal! Agreement contains the entire contract between the parties, and no
modification or waiver of any ofthe terms hereof shall be valid unless in writing, and
endorsed heron, and signed by all parties. This Agreement shall be binding upon the
parties heret their personal representatives, assigns and successors in interest
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MONROE COUNTY ATTORNEY
f'f'ROVED AS !9 FORM:
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NATlLEENE W. CASSEL
ASSIST~NT JOUNTY ATTORNEY
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