Okaloosa County BOCC — September 16, 2014 — Johns Eastern Contract 14-17 — reading text

of the panel and the two selected members shall select a third member. The parties agree to follow the rules of the American Arbitration Association. Termination. This Agreement may be terminated by either the Client or the Service Agent by giving prior written notice of ninety (90) days. In the event of such termination, compensation paid or payable to Service Agent under Paragraph 5 shall be prorated as appropriate. Notwithstanding anything in this Paragraph 9 to the contrary, the insolvency or filing for relief from creditors of any party pursuant to the United States Bankruptcy Code or the material breach of a material provision of this Agreement by any party shall permit the other party to cancel this Agreement immediately upon written notice. Covenants of the Service Agent and the Client. Each of the Service Agent and the Client agrees to use its normal and ordinary professional care and diligence in the performance of its duties under this Agreement and will use its best efforts to comply at all times with the Law and the Rules. Indemnification. Each party agrees to indemnify and hold harmless the other and its directors, officers, employees, stockholders, and agents against any and all claims, lawsuits, settlements, judgments, costs, penalties, and expenses, including, without limitation, attorneys’ and legal assistants’ fees before and at trial, on appeal, or otherwise, resulting from the breach of, or negligence or misconduct in performing, any provision of this Agreement, by such party or by its directors, officers, employees, stockholders or agents, whether acting alone or in collusion with others. Compliance with Florida Statute 119.071. The Service Agent shall comply with all the provisions of section 119.071, Florida Statutes relating to the public records which requires, among other things, that the Service Agent: a. Keep and maintain public records. b. Provide the public with access to public records on the same terms and conditions that the public agency would provide the records. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession upon termination of the contract. 13. Miscellaneous. Each party represents and warrants that it has full power and authority to enter into this Agreement. All notices, requests, demands and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given when received if personally delivered; when transmitted if transmitted by telecopy, electronic telephone line facsimile transmission, or other similar electronic or digital transmission method; the day after it is sent, if sent by recognized expedited delivery service; and five (5) days after it is sent, if mailed, certified or registered mail, return receipt requested, postage prepaid. In each case, notice shall be sent to: If to the Client: Okaloosa County BOCC 601 A North Pearl Street, Ste 204 Crestview, FL 32536 If to the Service Agent: Johns Eastern Company, Inc. Post Office Box 110259 Lakewood Ranch, FL 34211-0004 or to such other address as either party may have specified in writing to the other using the procedures specified above in this Paragraph. (i) This Agreement shall be construed pursuant to and governed by the substantive laws of the State of Florida (and any provision of Florida law shall not apply if the law of a state or jurisdiction other than Florida would otherwise apply). (ii) The headings of the various Paragraphs in this Agreement are inserted for the convenience of the parties and shall not affect the meaning, construction, or interpretation of this Agreement. (iii) Any provision of this Agreement which is determined by a court of competent jurisdiction to be prohibited, unenforceable or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition, unenforceability or non-authorization without invalidating the remaining provisions hereof or affecting the validity, enforceability or legality of such provision in any other jurisdiction. In any such case, such determination shall not affect any other provision of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect. If any provision or term of this Agreement is susceptible to two or more constructions or interpretations, one or more of which would render the provision or term void or unenforceable, the parties agree that a construction or interpretation which renders the term or provision valid shall be favored. This Agreement constitutes the entire Agreement, and supersedes all prior agreements and understandings, oral and written among the parties to this Agreement with respect to the subject matter hereof. (i) if, within ten (10) days after demand to comply with the obligations of one of the parties to this Agreement served in writing on the other, compliance or reasonable assurance of compliance is not forthcoming, and the other party takes steps to enforce rights under this Agreement pursuant to Paragraph 9 or otherwise, the prevailing party in any action shall be entitled to recover all reasonable costs and expenses (including reasonable attorneys’ and legal assistants’ fees before and at trial, on appeal, or otherwise.) (ii) If any monies shall be due either of the parties to this Agreement hereunder and shall not be paid within forty-five (45) days from the due date of such payment, interest shall accrue on such unpaid amount at the rate of 1% per month in accordance with the Florida Prompt Payment Act - F.$.218.70-79. This Agreement shall be binding upon and inure to the benefit of the successors in interest and assigns of the parties. The parties to this Agreement will execute and deliver, or cause to be executed and delivered, such additional or further documents, agreements, or instruments and shall cooperate with one another in all respects for the purpose of carrying out the transactions contemplated by this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be considered an original, but all of which together shall constitute one and the same instrument and shall become effective when each of the parties has executed at least one of the counterparts even if all the parties have not executed the same counterpart. IN WITNESS WHEREOF, the SERVICE AGENT and the EMPLOYER have each caused this Addendum to be executed by its duly authorized representative to be effective the 1st day of October 2014. WITNESSES: OKALOOSA COUNTY BOARD OF COUNTY COMMISSIONERS WITNESSES: Charles K. Windes, Jr., Chairman J A. S EASTERN COMPANY, INC. C) Shephew 0 Vere Bevprly Adkigé, AIC, AIM ecutive Vice President Special Account Services Integrity. Exnerionce. Results SERVICE FEES - OKALOOSA COUNTY BOCC CATASTROPHE FEE SCHEDULE - ANY NAMED STORM Full Repair Cost Service Fee $ 0.01 - $2,500.00 $395.00 2,500.01 - 5,000.00 $495.00 5,000.01 - 7,500.00 $585.00 7,500.01 - 10,000.00 $695.00 10,000.01 - 15,000.00 $885.00 15,000.01 - 20,000.00 $1,025.00 20,000.01 - 25,000.00 4.5% of Loss - $1,025 minimum 25,000.01 - 35,000.00 4% of Loss - $1,200 minimum 35,000.01 - 50,000.00 3.5% of Loss - $1,400 minimum 50,000.01 - 100,000.00 3% of Loss - $1,750 minimum Over 100,000.00 Time & Expense 1. Full Repair Cost - Agreed cost to repair or replace before applying depreciation, deductible, or other clauses limiting coverage. 2. In addition to the schedule, the following charges will be made: a. All miles driven at $0.55 per mile. b. Photo - $1.00 each c. Outside fees, reports, telephone, and other direct expense, at cost. d. Administrative/Set up fee - $50.00 e. Drive time charged and mileage (both prorated when possible) when loss is more than 20 miles from our base of operation. f. Denials charged at Time & Expense g. Time & Expense Rates are $85.00 per hour for Adjusters and $125.00 per hour for General Adjusters and Executive General Adjusters 69 JOHNS EASTERN COMPANY, INC. _ /~ SERVICE FEES - OKALOOSA COUNTY BOCC PROPERTY FEE SCHEDULE - ANY NON-CAT 1ST PARTY PROPERTY CLAIM FULL REPAIR COST FULL ADJUSTMENT $ 0.01 - $500.00 $225.00 $ 500.01 - 1,000.00 $256.00 $ =©1,000.01 - 2,500.00 $379.00 $ ©=©2,500.01 - 5,000.00 $465.00 $ 5,000.01 - 7,500.00 $559.00 $ =©7,500.01 - 10,000.00 $669.00 $ 10,000.01 - 15,000.00 $825.00 $ 15,000.01 - 20,000.00 $980.00 $ 20,000.01 - 30,000.00 4.5% of Loss - $ 995 minimum $ 30,000.01 - 40,000.00 3.5% of Loss - $1,350 minimum $ 40,000.01 - 55,000.00 3.0% of Loss - $1,400 minimum $ 55,000.01 - 70,000.00 2.5% of Loss - $1,650 minimum $ 70,000.01 - 90,000.00 2.0% of Loss - $1,750 minimum $ 90,000.01 - 100,000.00 2.0% of Loss - $1,800 minimum $ 100,000.01 - Billed at Time and Expense 1. Above fees include local telephone, file creation, copying, and secretarial support. 2. Full Repair Cost - Agreed cost to repair or replace before applying depreciation, deductible, or other clauses limiting coverage. 3. In addition to the schedule, the following charges will be made: a. All miles driven at $0.55 per mile. b. Photos - $1.00 each c. Outside fees, reports, telephone, and other direct expense, at cost. 4, These schedules do not apply to catastrophes. 5. All Denials will be handled at Time and Expense. 6. Subrogation efforts charged at Time and Expense. 7. Hourly Rate: Adjuster at $75.00 per hour + 20% Administrative Expense Executive General Adjuster: $135.00 per hour General Adjuster: $125.00 per hour Managers: $125.00 per hour 70 JOHNS EASTERN COMPANY, INC. _e=