Loading...
HomeMy WebLinkAbout5186Contract Number: 5186 Vendor: LACROSS & MURPHY Subject: Public Defense Services Department: City Clerk File Class: GS50-01-11 Rev. 3 General Begin Date: 11/1/2012 End Date: 10/31/2018 Review Date: 6/30/2018 Vault Date: Comments: Amendment No. 1 11/10/14; Name Change 7/17/15 from LaCross, Cross & Murphy LaCross & Murphy, PLLC Attorneys at Lav 559 Bay Street Port Orchard, Washington 98366 (360)895-1555 July 17, 2015 City Clerk City of Bremerton 3456 1h Street, Suite 600 Bremerton, WA 98337 Dear City Clerk: RECEIVED JUL 2 3 2015 CITY CLERK Our firm is currently under contract with the City of Bremerton to provide legal representation for indigent persons. This letter is to inform you that we are changing our business name and contact person, following the departure from our firm of John Cross. The new business name and contact person are as follows: Jacob Murphy LaCross and Murphy PLLC 559 Bay Street Port Orchard, WA 98366 Our firm is fully staffed and we look forward to continuing to provide the City with quality public defense services. If you have any questions, please contact me. Sincerely, 01 Jacob Murphy Managing Member LaCross and Murphy PLLC Contract Number: 5186 Vendor: CROSS, LACROSS & MURPHY Subject: Public Defense Services Department: City Clerk File Class: LEG 12-1 Begin Date: 11/1/2012 End Date: 10/31/2018 Review Date: 6/30/2018 Vault Date: Comments: Amendment No. 1 11/10/14 6VyW-'1- 519�9 61 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment No. 1 to Professional Services Agreement for Public Defense Services with Cross, LaCross & Murphy, PLLC Study Session Date: COUNCIL MEETING Date: Department: Presenter: Phone: October 8, 2014 October 15, 2014 City Clerk Shannon Corin (360) 473-5323 SUMMARY: The current Professional Services Agreement with Cross, LaCross & Murphy, PLLC expires on October 31, 2014. This amendment will extend the current contract, as written, for an additional 4 years pursuant to an agreement with the City of Bremerton and Cross, LaCross & Murphy, PLLC. All terms from the original Agreement (including compensation) signed on October 23, 2012 will remain the same. ATTACHMENTS: Amendment and Original Contract FISCAL IMPACTS (Include Budgeted Amount): $275,000.00 annually ( $22,916.67 monthly) is included in the current budget. STUDY SESSION AGENDA: Z No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 1 extending the contract with Cross, LaCross & Murphy, LLC for Public Defense Services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AMENDMENT NO. 1 TO AGREEMENT FOR CITY OF BREMERTON PUBLIC DEFENSE SERVICES (Cross, LaCross & Murphy, PLLC) This Amendment No. 1 specifically amends the Agreement for City of Bremerton Public Defense Services ("Agreement") entered into by and between the City of Bremerton ("City"), a Washington municipal corporation and Cross, LaCross & Murphy, PLLC, a Professional Limited Liability Corporation ("Public Defender") on October 23, 2012. WHEREAS, the City and Public Defender have entered into an Agreement for the provision of public defense services; and WHEREAS, the City and Public Defender now desire to extend the term of the Agreement for an additional four years; NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herein, and other good and valuable consideration, the parties agree as follows: I. SECTION 3. TERM of the Agreement is amended as follows: The term of the Agreement is extended for an additional four years by extending the date of termination from October 31, 2014 to October 31, 2018,' unless extended or terminated earlier pursuant to the terms. and conditions of the Agreement. II. All provisions in the Agreement shall remain in full force and effect except as expressly modified by this document. IN WITNESS WHEREOF, the parties have executed this Amendment No. 1 to Agreement on the day and year fully executed below. CITY OF BREMERTON i i PATTY1111 , M YO J HN L. Date: /b / ate: APPROVED AS TO FORM: Roger A. Lubis ity A rney ULegalTegalTilesTurrent Active FilesTublic Defender ContractsTublic Defender 2014 Amend 1 - Final.doc PARTNER Public Defense Services - 2014 Amendment Contract Number: 5186 Vendor. CROSS, LACROSS & MURPHY Subject: Public Defense Services Department City Clerk File Class LEG 12-1 Begin Date 11/1/2012 End Date 10/31/2014 Review Date 6/30/2014 Vault Date: Comments: AGREEMENT FOR CITY OF BREMERTON PUBLIC DEFENSE SERVICES Cross, LaCross & Murphy, PLLC This Agreement is made and entered into by and between the City of Bremerton ("the City"), a Washington municipal corporation and Cross, LaCross & Murphy, PLLC, a Professional Limited Liability Corporation ("Public Defender"), whose address is 559 Bay Street Port Orchard, Washington 98366 WHEREAS, the City desires to have legal services, as described in this Agreement, performed for indigent persons legally entitled to appointed representation in the City of Bremerton, by Public Defender as an independent contractor, and WHEREAS, the City and the Public Defender agree that any and all funds provided pursuant to this Agreement are provided for the sole purpose of provision of legal services to indigent persons prosecuted with crines in Bremerton Municipal Court, NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herem, and other good and valuable consideration, the parties agree as follows SECTION 1: DEFINITIONS A Case Assignment A case assignment is that particular case assigned by the Bremerton Municipal Court B Case Credit Case credit is a non -weighted case assignment C C� City is the City of Bremerton D Client An indigent person who has been assigned to the Public Defender by the Bremerton Municipal Court E Completed Case A completed case involves all necessary legal action from arraignment through the end ofjunsdiction. This includes the filing of a notice of appeal upon the client's request, application to proceed in forma paupens on appeal, and a motion for appointment of appellate counsel but does not include the actual representation on appeal. F Contract Administrator: Contract Administrator is the City of Bremerton Municipal Court Administration G Court Court is the Municipal Court of Bremerton. H Criminal Case A case is any one charge or series of related charges under one cause number filed against one defendant/respondent. Public Defense Services I Criminal Case Disposition. The case assignment remains in effect to the end of junsdiction of the case and shall include the filing of an appeal, if applicable J Discovery- Discovery consists of those reports, letters, memorandums, after -action reports, incidents reports, witness statements, officers' statements, expert witness reports which the City Prosecutor is obligated to provide on a continuing basis under the City or State code and pursuant to the State and Federal Constitutional requirements K Legal Service Legal service is legal representation provided by a licensed attorney and associated paraprofessional staff to an individual client, pursuant to a case assignment or court appointment The attorney will be required by the Public Defender to satisfy the Code of Professional Responsibility, the law of the State of Washington and the United States in the full discharge of the duties to each individual client under this Agreement L Indigent Defendant An indigent defendant is a person determined indigent by the Court, as being eligible for a court-appointed attorney, pursuant to RCW 10.101 M Maw Mayor is the Mayor of Bremerton or designee N Misdemeanor Practice Area 1 Misdemeanor Case: Any criminal case filed by the Bremerton City Attorney or designee in Bremerton Municipal Court whether a misdemeanor or a gross misdemeanor 2 Misdemeanor Appeal: A misdemeanor appeal involves filing the notice of appeal, if necessary, perfecting the record following the filing of the notice of appeal, preparation of the transcnpt pursuant to Rule 6 3a RALJ, prepanng such bnefs and memoranda as are required, arguing the case in Supenor Court, and handling such paperwork as the Supenor Court's decision and orders direct 3 Misdemeanor Writ A wnt involves filing notice, perfecting the record, preparing such bnefs and memoranda as required, arguing the case in Supenor Court and handling such paperwork as the Supenor Court's decision and orders direct O Paraprofessional Staff Investigators, social workers and paralegals P Public Defender The Public Defender is Cross, LaCross and Murphy, PLLC SECTION 2: PUBLIC DEFENSE STANDARDS The City adopts the following standards for the delivery of Public Defense Services, pursuant to RCW 10.101 030 A Compensation of Counsel Compensation of counsel shall be in accordance with the provisions set forth in sections 4 and 6 of this agreement. B Duties and Responsibilities of Counsel The duties and responsibilities of counsel shall be in accordance with this agreement Public Defense Services C Caseload Limits. Public Defender will accept all caseloads for Bremerton misdemeanor cases, except cases in which there is a conflict of interest, and following six to eight months after the beginning of the term of this Agreement, shall review the case assignments with the City to evaluate and establish caseload limits, whether on a weighted basis or not, to meet the new case limit requirements set forth in Exhibit A. Case assignments are anticipated to exceed 800 non - weighted cases per year D Responsibility for Expert Witness and Investigator Fees After approval by the Court, expert witness and investigator fees will be paid by the City E Attorneys and Staff The Public Defender shall provide, at a mimmum, two full-time attorneys and one full -tune paraprofessional staff person to provide services pursuant to this Agreement F. Supervision The Public Defender shall provide supervising attorneys at the following standards one supervisor for every two attorneys. Supervisors shall ensure all new associates have been properly trained and are prepared to appear at the Bremerton Municipal Court and shall appear in court to assist in training of new associates as necessary. G New Standards The Public Defender shall comply with the new standards for Indigent Defense adopted by the Washington State Supreme Court by order dated June 15, 2012, attached hereto as Exlubit A and incorporated herein by this reference. SECTION 3: TERM Tlus Agreement shall commence on the first (1 st) day of November 2012 and terminate the thirty-first (31th) day of October 2014 unless extended or terminated earlier pursuant to the terms and conditions of this Agreement SECTION 4: SCOPE OF WORK A R=ose The purpose of this agreement is to provide legal services through effective assistance of counsel to indigent persons Legal services shall be statutorily and constitutionally based B Professional Conduct. 1 The Public Defender shall provide the services of attorneys and staff members in compliance with all of the applicable laws and administrative regulations of the State of Washington, the United States, Bremerton Municipal Code, and the Washington State Rules for Professional Conduct (RPC) 2 Nothmg in this Agreement shall be construed to impair or inhibit the exercise of independent, professional judgment by an attorney employed by the Public Defender with respect to any client wherein an attorney-client relationship has been established pursuant to the terms of this Agreement 3 Nothing in this Agreement shall require or permit, without the consent of the client, access to or disclosure of any confidential communication made by a client to any attorney employed by the Public Defender or any such confidential communications made to 3 Public Defense Services agents or employees of the Public Defender for such attorney, the advice given by an attorney to a client, or any other statements and materials privileged from disclosure in a court of law 4 Attorneys and staff employed by the Public Defender shall not solicit or accept any compensation, gifts, gratuities or services from any client C Eligible Population The population served shall be indigent persons legally entitled to appointed legal services in Bremerton Municipal Court, as assigned by the Court. D Case Assignment The Public Defender shall accept all case assignments, except for cases in which there is a conflict of interest or other related issue that would prevent the Public Defender from accepting assignment of the case E Conflicts The Public Defender reserves the right to decline to advise or represent any client on the basis of actual legal, ethical, or professional conflict of interest The Public Defender shall be responsible for checking for conflicts and identifying if a conflict exists. The Public Defender shall have a written policy which explains how they define conflict cases. This policy must be approved by the Contract Administrator The Public Defender shall perform a conflicts check before any substantial work is done on the case F Duties and Responsibilities of the Public Defender In order to perform its responsibilities under the Agreement, the Public Defender shall have the power and duty to Hire all Public Defender personnel, 2 Provide fiscal management; establish compensation of personnel; maintain payroll records and provide payments for all personnel including withholding of income taxes, payment of social security taxes, payment of worker compensation and industrial insurance taxes (where applicable), and frmge benefits, 3 Supervise and maintain the quality of staff and services received or performed, and provide internal evaluation sessions as necessary, 4 Suspend, remove, or terminate personnel not adequately performing the duties and responsibilities assigned, engaging in or condoning misconduct, or whose conduct or continued performance of duties is detrimental to the Public Defender program, 5 Accept and represent all cases and clients officially referred by the Court unless withdrawal from such representation is allowed in accordance with provisions as stated above, 6 In the event that this Agreement is terminated or not renewed, the Public Defender shall continue to provide services pursuant to this Agreement for three (3) months after the termination date Public Defender shall not be assigned any new cases, however, Public Defender shall attempt to complete the representation of all clients who have been referred by the Court during the period in which the Agreement is in effect for the compensation received or receivable under the terms of the Agreement, provided that completed representation is not made impossible by a client's failure to appear 4 Public Defense Services G Duties and Responsibilities of Public Defender Attorneys In order to perform their duties under this Agreement, staff attorneys of the Public Defender shall 1 Counsel and represent in all ensuing cruninal proceedings before appeal those clients who are officially referred by the Court. Such services include, but are not limited to preparation for and representation of the client at the pretrial hearings, trial and at sentencing hearings or any other related proceedings 2 Appear at all in -custody and arraignment calendars 3 Counsel clients with regard to their rights to appellate review and file any necessary notice for appellate review when requested by a client SECTION 5: PERFORMANCE AND QUALIFICATIONS A Practice Standards and Records 1. The Public Defender shall ensure that all attorneys, paraprofessional staff and supervisors shall maintain contemporaneous records of all legal services provided on a specific case The records shall provide a factual description of the work done and shall be sufficiently detailed to allow monitoring of legal service activity by the Contract Administrator, subject to any ethical obligations of the Public Defender. 2 Upon closing a case, all attorney, paraprofessional and supervisor files associated with the case shall be cross referenced and accessible as a whole for monitoring by the Contract Administrator, subject to any ethical obligations of the Public Defender 3 The Public Defender shall establish practice standards to address the following substantive areas of Agreement compliance The practice standards shall set objective expectations for each position and shall be measurable by objective means With each practice standard, the Public Defender shall include a procedure for monitoring compliance with the standard Written practice standards are due to the Contract Administrator annually. Practice standards should address the following areas. a Attorney practice, including but not linuted to, i Lawyer -client relationship, initial case actions, investigation and preparation, preliminary hearings, disposition without trial; trial, post conviction or fact findmg and any other areas of attorney practice deemed appropriate by Public Defender ii Attorney use of paraprofessionals and expert service b Paraprofessional practice c Supervision of attorneys and paraprofessionals. 4 The Public Defender agrees that, within available resources, reasonable efforts will be made by the Public Defender to keep the initial attorney assigned to a client throughout any case in which representation is undertaken The Public Defender is not prohibited from rotating attorneys or from assigning a single attorney to handle various aspects of legal 5 Public Defense Services proceedings for all indigent persons where such method of assignment is the most reasonable method of obtaining effective legal representation for indigent persons. 5 A member of the Public Defender staff shall visit any assigned in -custody criminal defendant and obtain basic contact and other fundamental intake information for a bond hearing within one (1) working day from notification to the Public Defender of the assignment of the case and the in -custody status of the client. This provision applies to clients in custody at any facility within Kitsap County 6 The Public Defender attorneys shall attempt to make contact with all assigned clients within five (5) working days from a case assignment or no later than the day prior to the first pretrial hearing whichever comes first 7 The Bremerton City Attorney's Office or designee is responsible for making a copy of discovery available to the Public Defender. The Public Defender shall request discovery as soon as possible after case assignment but no later than three (3) business days of the assignment, whether initial or subsequent, on any case The Public Defender shall obtain a copy of discovery at arraignment if available The Public Defender agrees that discovery may be provided in electronic format 8. Discovery shall be reviewed within five (5) days after receipt for purposes of determining any conflicts of interest. The Public Defender shall notify the Contract Administrator immediately of any conflict of interest as defined by the Washington State Rules of Professional Conduct. The Public Defender shall provide the Contract Administrator with a written explanation stating the basis for the conflict in its notification, in addition to the required oral or written request to withdraw presented to the court 9 The Public Defender shall establish and enforce policies and procedures to ensure that attorney time and other Defender resources funded by this Agreement shall only be used for work which is authorized by flus Agreement 10 The Public Defender shall ensure that a preliminary written response to any written complaints concerning services provided by the employees of the Defender or the Defender itself shall be submitted to the Contract Administrator within three (3) working days of the date the complaint is received by the Public Defender Written complaints include e-mail communications from the Contract Administrator. The Contract Administrator shall copy the supervising attorney on any complaints sent to the Public Defender 11 The Public Defender shall establish policies and procedures for pro-bono work provided by staff of the Public Defender These policies and procedures shall assure that any such pro Bono work is not provided to the exclusion or detriment of legal services that are the subject of this Agreement 12 The Public Defender or his attorneys shall not provide transportation to any client assigned to the public defender pursuant to this Agreement Z Public Defense Services B. Nfimmum Attorney Qualifications 1 Every attorney providing indigent defense services must be a licensed member of the Washington State Bar and be a member in good standing of the Bar. 2 Every Public Defender attorney shall satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court, seven (7) hours of each year's required continuing legal education credits shall be in courses relating to criminal law practice or other areas of law in winch the Public Defender provides legal services to clients under the terms of this Agreement or as otherwise required by the Washington State Office of Public Defense. The Public Defender will maintain for inspection on its premises records of compliance with this provision 3 The Public Defender may employ interns pursuant to Admission to Practice Rule (APR) 9 No more than 5% of the cases handled by the Public Defender may be assigned to Rule 9 interns However, Rule 9 interns may not be used to supplant the services of an attorney assigned by the Public Defender to perform the services of this Agreement 4 The Public Defender attorneys who supervise the misdemeanor attorneys must have at least three years of criminal defense experience in superior, district or municipal courts in Washington State. 5 Unless prior written approval has been granted by the Contract Administrator, no attorney may provide services under this Agreement if that attorney has been removed from representation in a case for failure to perform basic services necessary to the case or to the client, or in any manner has been found to be ineffective on appeal by either an ethics panel or by an appellate court C Evaluations The Public Defender Supervisor, or his/her designee, shall evaluate the professional performance of Public Defender attorneys and paraprofessional staff annually. Attorney evaluations should include monitoring of time and caseload records, review of case files, quality of case preparation, as well as m -court observation. Paraprofessional evaluations shall be sufficiently comprehensive to assess the quality of the actual work performed The Contractor shall submit to the City a summary report of the annual attorney performance evaluations. The Contractor shall make available to the City its evaluation criteria and evidence evaluations were conducted, although all evaluations are to be confidential between the Contractor's director and the Contractor attorney SECTION 6: PAYMENT A. The City shall pay the Public Defender for the services as specified in Section 4, Scope of Work, in the amount not to exceed $275,000 00 annually Payments will be made in equal monthly payments B The City will pay the Public Defender by the thirtieth (30) working day of the following month VA Public Defense Services C In the event of failure to comply with any items and conditions of this Agreement or to provide in any manner the work or services as agreed to herem, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed. This option is in addition to and not in lieu of the City's right to termination as provided in Section 13 of this Agreement. SECTION 7: REPORTING REQUIREMENTS Case Management System The Public Defender will use a case management system that will allow them to file the reports described below. Reportmg The Public Defender will provide the Contract Administrator monthly reports within twenty (20) working days after the close of each calendar month in acceptable format as follows Report Title Due Date Monthly Court activity reports including Monthly (by 20th day of the following month) attorney assignments and hearings held Year end reports, additional summaries, other Vanes reports or documents as requested by the Contract Administrator with reasonable notice These reports must contain • Defendant's name • Cause number(s) • Criminal charges filed • Disposition of each charge • Number of court hearings • Defendant's fail custody status prior to sentencing • Bench Trial, Jury Trial, Plea or Dismissal • Attomey(s) name(s) • Date case assigned • Hours spent by attorney The City of Bremerton, or any of its duly authorized representatives, shall have access to any such books, records and documents for inspection, audit and copying The report is due on or before the twentieth (20th) day of the following month for services of the prior month Payment may be withheld if reports are not submitted on time. The Public Defender will immediately notify the Contract Administrator in writing when it becomes aware that a complaint lodged with the Bar Association has resulted in reprimand, suspension, or disbarment of an attorney providing services under this Agreement. 8 Public Defense Services SECTION 8: ADDRESSES FOR NOTICES AND DELIVERABLE MATERIALS All official notices under this Agreement shall be delivered to the following addresses (or such other address(es) as either party may designate in writing) - If to City: City Clerk City of Bremerton 345 60' Street, Suite 600 Bremerton, WA 98337 (360) 473-5323 If to the Public Defender: John Cross Cross, LaCross & Murphy, PLLC 559 Bay Street Port Orchard, WA 98366 SECTION 9: OTHER EMPLOYMENT The Public Defender agrees that its legal staff assigned to the Bremerton Municipal Court shall have as their primary employment representation of indigent clients in Bremerton Municipal Court The Public Defender further agrees that it will abide by all provisions of this Agreement regarding Personal Performance of this Agreement. SECTION 10: CORRECTIVE ACTION If the City believes that a breach of this Agreement has occurred, and if the City believes said breach to warrant corrective action, the following sequential procedure shall apply A The City will notify the Public Defender in writing of the nature of the breach, B The Public Defender shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies, and the proposed completion date for bringing its performance under this the Agreement into compliance, which date shall not be more than ten (10) working days from the date of the Public Defender's response, C The City will notify the Public Defender in writing of the City's determination as to the sufficiency of the Public Defender's corrective action plan The determination of the sufficiency of the Public Defender's corrective action plan will be at the sole discretion of the City; however, the City's determination of the sufficiency of the Public Defender's corrective action plan shall take into consideration the reasonableness of the proposed corrective action, in light of the alleged breach In all cases where corrective action is determined by the City to be appropriate, the City shall work with the Public Defender to implement the plan, D In the event that the Public Defender does not respond within the appropriate time with the corrective action plan, or the Public Defender's corrective action plan is determined by the 6 Public Defense Services City to be insufficient, the City may commence termination of this Agreement in whole or in part pursuant to Section 11 (B) Termination and Suspension, E In addition, the City may withhold any payment owed the Public Defender and/or prohibit the Public Defender from incurring additional obligations of funds until the City is satisfied the corrective action has been taken or completed, and F Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 11 Termination and Suspension SECTION 11: TERMINATION AND SUSPENSION A. Either party may terminate this Agreement for convenience upon one hundred twenty (120) days prior written notice B The City may terminate this Agreement in whole or in part upon ten (10) days' written notice to the Public Defender in the event• 1. The Public Defender substantially breaches any duty, obligation, or service required pursuant to this Agreement; or 2 The duties, obligations, or services herein become impossible, illegal, or not feasible, or 3 The City determines that the Public Defender Services are no longer necessary Before the City terminates this Agreement pursuant to subsection I I (B), the City shall provide the Public Defender written notice of termination, which notice shall include the reasons for termination and the effective date of termination The Public Defender shall have the opportunity to submit a written response to the City within (10) working days from the date of the City's notice If the Public Defender elects to submit a written response, the Contract Administrator will review the response and make a determination within ten (10) days after receipt of the Public Defender's response In the event this Agreement is terminated in whole or in part pursuant to Subsection B (1) of this Section, the Public Defender shall be liable for damages, including the reasonable costs of the procurement of similar services from another source unless it is determined by the Contract Administrator that (i) no default actually occurred, or (ii) the failure to perform was without the Public Defender's control, fault or negligence C Otherwise, this Agreement shall terminate on the date specified herein, and shall be subject to extension only by mutual agreement of both parties hereto in writing. D. Nothing herein shall be deemed to constitute a waiver by either party of any legal right or remedy for wrongful termination or suspension of the Agreement. 10 Public Defense Services E In the event of termination, suspension, or non -renewal of this Agreement, all cases not required to be completed by the Public Defender shall be returned to the Contract Administrator for reassignment. SECTION 12: DISPUTES (OTHER THAN SUSPENSION OR TERMINATION) The Public Defender shall address questions or claims regarding meaning and intent of the Agreement or arising from this Agreement in writing to the City Clerk, within ten (10) calendar days of the date in which the Public Defender knows or should know of the question or claim The City will ordinarily respond to the Public Defender in writing with a decision, but absent such written response, the question or claim shall be deemed denied upon the thirtieth day following receipt by the City SECTION 13: EQUAL EMPLOYMENT OPPORTUNITY The Public Defender shall not discriminate against any employee or applicant for employment because of race, religion, creed, age, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification. SECTION 14 OTHER LEGAL REQUIREMENTS A General Requirement The Public Defender, at no expense to the City, shall comply with all applicable laws of the United States and the State of Washington; the Charter and ordinances of The City of Bremerton; and rules, regulations, orders, and directives of their administrative agencies and the officers thereof. Without lunitmg the generality of this paragraph, the Public Defender shall specifically comply with the following requirements of this section. B Licenses and Similar Authorizations The Public Defender, at no expense to the City, shall secure and maintain in full force and effect during the term of this Agreement all required licenses, perrmts, and sumlar legal authorizations, and comply with all requirements thereof. SECTION 15: INDEMNIFICATION The Public Defender does hereby release and shall defend, indemnify, and hold the City and its employees and agents harmless from all losses, liabilities, claims (including claims arising under federal, state or local environmental laws), costs (including attorneys' fees), actions or damages of any sort whatsoever arising out of the Public Defender's performance of the services contemplated by this Contract to the extent attributable to the acts or omissions, misconduct or breach of flus Agreement by the Public Defender, its servants, agents, and employees In furtherance of these obligations, and only with respect to the City, its employees and agents, the Public Defender waives any immunity it may have or limitation on the amount or type of damages unposed under any industrial insurance, worker's compensation, disability, employee benefit or similar laws. The Public Defender acknowledges that the foregoing waiver of immunity was mutually negotiated and agrees that the indemnification provided for in this section shall survive any termination or expiration of this Agreement. 11 Public Defense Services SECTION 16: INSURANCE A. Insurance certification required. The Public Defender must carry the following coverages and limits of liability: (1) Professional Liability (Errors, and Omissions) for attorneys with a minimum limit of liability of $1,000,000 each claim (2) Workers' Compensation per statutory requirements of the Washington industrial insurance RCW Title 51 SECTION 17: ESTABLISHMENT AND MAINTENANCE OF RECORDS A All records required under this Agreement shall be maintained for a period of (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40 14 B Willful failure to maintain or produce records or other required documentation during the time for maintenance of records may result in specific, related costs being disallowed In the event the City has reason to believe that such a failure exists, notice shall be given to the Public Defender and the Public Defender shall respond in writing. The time for notification and response shall be the same as set forth in Section 11 (A) SECTION 18: AUDITS, RECORDS, AND ANNUAL FINANCIAL STATEMENTS A The Public Defender must ensure that the City has full access to materials necessary to verify compliance with all terms of this Agreement. At any time, upon reasonable notice during business hours and as often as the City may deem necessary for a period of six (6) years, the Public Defender shall provide to the City right of access to its facilities, including those of any subcontractor, data, and other data relating to all matters covered by this Agreement Provided that if any such data, records or materials are subject to any privilege or rules of confidentiality the Public Defender must maintain such data in a form or manner to provide same to the City that will not breach such confidentiality or privilege. The Public Defender shall maintain such data and records in an accessible location and condition for a period of not less than six (6) years following the receipt of final payment under this Agreement, unless the City agrees in writing to an earlier disposition. The Public Defender agrees to cooperate with the City or its agent in the evaluation of the Public Defender's performance under this Agreement and to make available all information reasonably required by any such evaluation process or ongoing reporting requirements established by the City The results and records of said evaluations and reports shall be maintained and disclosed in accordance with RCW Chapter 42 17 Notwithstanding any of the above provisions of this paragraph, all Constitutional, statutory, and common law rights and privileges of any indigent client are not waived Provided further that nothing in this section shall require the disclosure of the names of any client represented pursuant to RCW 13 34 et seq, or RCW 71.02 et seq, or RCW 7105 et seq 12 Public Defense Services B All such reports as are required under the terms of this Agreement shall be submitted to the City via electronic media (e-mail attachment or diskette) within the tune limits for each report SECTION 19: CONTRACTUAL RELATIONSHIP The relationship of the Public Defender to the City by reason of this Agreement shall be that of an independent contractor This Agreement does not authorize the Public Defender to act as the agent or legal representative of the City for any purpose whatsoever and neither the Public Defender nor its employees shall be deemed employees of the City. The Public Defender is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever. It is expressly understood and agreed that the Public Defender and the Public Defender's employees shall in no event be entitled to any benefits to winch City employees are entitled, including, but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or leave benefits. The Public Defender shall complete this Agreement according to the Public Defender's own means and methods of work, which shall be in the exclusive charge and control of the Public Defender and which shall not be subject to control or supervision by the City, except such requirements for performance as are specified in this Agreement. The Public Defender agrees that it has secured or will secure at the Public Defender's own expense, all persons, employees, and equipment required to perform the services contemplated/required under this Agreement. SECTION 20: ASSIGNMENT AND SUBCONTRACTING The Public Defender shall not assign or subcontract any of its obligations under this Agreement without the City's written consent, which may be granted or withheld in the City's sole discretion Said consent must be sought in writing by the Public Defender not less than fifteen (15) days prior to the date of any proposed assignment Any subcontract made by the Public Defender shall incorporate by reference all the terms of this Agreement The Public Defender shall ensure that all subcontractors comply with the obligations and requirements of the subcontract The City's consent to any assignment or subcontract shall not release the Public Defender from liability under this Agreement, or from any obligation to be performed under this Contract, whether occurring before or after such consent, assignment, or subcontract SECTION 21: INVOLVEMENT OF FORMER CITY EMPLOYEES A The Public Defender shall promptly notify the City in writing of any person who is expected to perform any of the Work funded by this Agreement and who, during the twelve (12) months immediately prior to the expected commencement date of such work or subcontract, was a City officer or employee 13 Public Defense Services B. The Public Defender shall ensure that no Work or matter related to the Work funded by this Agreement is performed by any person (employee, subcontractor, or otherwise) who (1) was a City officer or employee within the past twelve (12) months; and (2) as such was officially involved in, participated in, or acted upon any matter related to the Work SECTION 22: NO CONFLICT OF INTEREST The Public Defender confirms that the Public Defender does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Public Defender selection, negotiation, drafting, signing, administration, or evaluating the Public Defender's performance. As used in this section, the term "Public Defender" shall include any employee of the Public Defender who was, is, or will be involved in the negotiation, drafting, signing, administration, or performance of the Agreement. As used in this section, the term "close family relationship" refers to the following spouse or domestic partner; any dependent parent, parent -in-law, child, son-in-law, or daughter-in-law; or any parent, parent -m - law, siblmg, uncle, aunt, cousin, mece or nephew residing in the household of a City officer or employee described above. SECTION 23: ERRORS & OMISSIONS; CORRECTION The Public Defender shall be responsible for the professional quality of all services furnished by or on the behalf of the Public Defender under this Agreement. The Public Defender, without additional compensation, shall correct or revise any Public Defender services immediately upon notification by the City The obligation provided for in this section with respect to any acts or omissions during the term of this Agreement shall survive any termination or expiration of this Agreement SECTION 24: CONFIDENTIALITY The parties agree that they will not permit the duplication or disclosure of any information designated in advance by the other party as "Confidential and Proprietary" to any person (other than its own employee, agent, or representative who must have such information for the performance of that party's obligations hereunder) unless such duplication, use or disclosure is specifically authorized in writing by the other party or is required by law. "Confidential and Proprietary" information does not include ideas, concepts, know-how or techniques related to information that, at the time of disclosure, is in the public domain unless the entry of that information into the public domain is a result of any breach of this Agreement. Likewise, "Confidential and Proprietary" information does not apply to information that is independently developed, already possessed without obligation of confidentiality, or rightfully obtained from a third party without an obligation of confidentiality SECTION 25: EXTRA WORK The City may desire to have the Public Defender perform work or render services in connection with this project other than that expressly provided for in the "Scope of Work" section of this Agreement. This will be considered extra work, supplemental to this Agreement, and shall not 14 Public Defense Services proceed unless authorized by an amendment Any costs incurred due to the performance of extra work prior to execution of an amendment will not be reimbursed under this Agreement or an amendment SECTION 26: MISCELLANEOUS PROVISIONS A Amendments- No modification of this Agreement shall be effective unless in writing and signed by an authorized representative of each of the parties hereto B Binding Agreement This Agreement shall not be binding until signed by both parties The provisions, covenants and conditions in this Agreement shall bind the parties, their legal heirs, representatives, successors, and assigns. C Applicable LawNenue: This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. The venue of any action brought hereunder shall be in the Superior Court for Kitsap County D Remedies Cumulative: Rights under this Agreement are cumulative and nonexclusive of any other remedy at law or in equity. E Ca tions The titles of sections are for convenience only and do not define or limit the contents F Severability If any term or provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law G Waiver. No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and any waiver of the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition. Neither the acceptance by the City of any performance by the Public Defender after the time the same shall have become due nor payment to the Public Defender for any portion of the Work shall constitute a waiver by the City of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by the City, in writing H Entire Agreement This document, along with any exhibits and attachments, constitutes the entire Agreement between the parties with respect to the Work. No verbal agreement or conversation between any officer, agent, associate or employee of the City and any officer, Public Defender, employee or associate of the Public Defender prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement. I. Negotiated Agreement: The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof 15 Public Defense Services J. Political Activity Prohibited- None of the funds, materials, property, or services provided directly or Indirectly under this Agreement shall be used in the performance of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office K Secunty Access- City shall provide Public Defender three (3) access codes for entry into the court facility after hours, except that the Public Defender shall provide the names of those individuals who will use the access codes. L Parking City shall provide up to four (4) parking spaces as needed near the Municipal Court for Public Defender Staff. IN WITNESS WHEREOF, in consideration of the terms, conditions, and covenants contained herem, or attached and incorporated and made a part hereof, the parties have executed this Agreement by having their representatives affix their signatures below. CITY OF BREMERTON 0;? & , &,- X, PATTY L , MA OR Date l —Z -3—t2, ,PLLC AS TO FO er A Lubovich, City Attorney rR \Legal\Legal\Files\Current Acte iles\Pubhc Defender Contracts\Public Defender 2012 - Final 10-19-12 doc 16 Public Defense Services -� CROSLAC-01 TMOCK ACOR'�' II%. - CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDlYYYY) 6/24/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER -CONTACT NAME: Hub International Northwest LLC PHONE 425 489-4500 FAX 12100 NE 195th St. (A c, No, Ext): ___} ......... _ _. .._.___._ _(A1C, No): (425)'485-8489 E-MAIL Suite 200 ADDRESS: nOW.info@hubinternational.com Bothell, WA 98011 ._ INSURED LaCross & Murphy PLLC 559 Bay Street Port Orchard, WA 98366 INSURERS) AFFORDING COVERAGE NAIC # INSURER A: Travelers Casualty & Surety Company of America 31194 INSURER B _. ....... _.........._._ .......... INSURER C INSURERD: ....... INSURERE. INSURER F rnW=0A n=Q r^FRTIFIf:ATF NIIMRFR• RFVI.RION NLJMRFR THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDL SUBR' _ LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICT POLICY EXP MM/DOY ERF MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ � DAMAGE TO RENTED ' CLAIMS -MADE OCCUR PRE MISES_(Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JECT PRO LOC ' PRODUCTS COMPlOP AGG S _ _ .. $ OTHER: SINGLE LIMIT S AUTOMOBILE LIABILITY (Ea (Ea accident) ANY AUTO BODILY INJURY (Per person) 5 ALL OWNED SCHEDULED BODILY INJURY (Per accident), $ ,AUTOS AUTOS NON -OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS _(Per accident) UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR CLAIMS -MADE AGGREGATE 5 DED RETENTION S WORKERS COMPENSATIONPER OTH. STATUTE ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORPARTNERIEXECUTNE j E L EACH ACCIDENT $ OFFICERtMEMBEREXCLUDED) N/A', (Mandatory In NH) E L DISEASE - EA EMPLOYEE S If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT S A Professional Liab. 105927988 05/0112016 05101/2017 Each Claim 1,000,000 A 105927988 05/01/2016 05/01/2017 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Lawyers Professional Liability deductible: $5,000 each claim rr-1/.ATC .ice. nc rt rawrizzi I ATInKI U 1966-2U14 At;UKU L;UF(rVKA I IUN. All rlgnis reservea. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Bremerton Public Defense Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 550 Park Avenue Bremerton, WA 98337 AUTHORIZED REPRESENTATIVE � U 1966-2U14 At;UKU L;UF(rVKA I IUN. All rlgnis reservea. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD LaCross & Murphy, PLLC Attorneys at Law 550 Park Avenue Bremerton, WA 98337 November 5, 2015 Dawn Nelson, Court Administrator Bremerton Municipal Court 550 Park Avenue Bremerton, WA 98337 RE: Attorney Evaluations Dear Dawn: 0tV,J-a,y. `t)I 9(v Tel: (360) 473-2346 Fax: (360) 473-2365 Below are the attorney evaluations for the associates of LaCross and Murphy, PLLC that provided representation for indigent clients in Bremerton Municipal Court for 2015. The evaluations were completed by the undersigned, Jacob P. Murphy, Managing Partner. The two associates evaluated are John Brennan and Daniel Peet. The evaluations are based on direct supervision of both attorneys in court during hearings, discussions with the attorneys about client issues and an interview of each attorney. John Brennan continues to gain experience and skill in defending criminal cases. He conducted one trial thus far this year. He has also briefed and argued before the court one legal issue. He diligently investigated, researched and prepared the matters assigned to him. He was given a nearly full allotment of cases for the year, including calendar duties, which he handled in an efficient manner at no cost to quality of representation. While he did a satisfactory job of maintaining contact with the Prosecuting Attorney's Office both arguing and negotiating matters, his goal for next year is to improve said contact to better serve his client's interests. Mr. Brennan met and exceeded all requirements for providing indigent defense for his clients in 2015. Mr. Peet also continued to progress in his evolution as a criminal defense attorney. He has conducted one trial to date. He also briefed two legal issues and argued before the Court. He ably handled a nearly full caseload, calendar time included, while giving each client thorough investigation, research and preparation. Despite the large volume of cases, he was able to assist all clients without diminishing the quality of the representation given. He worked well with the Prosecuting Attorney's Office to try to find resolutions for matters while preparing quality argument for matters where agreement could not be found. As with Mr. Brennan, his goal for next year is to improve his contact with the Prosecuting Attorney's Office to in order to better represent his clients. in 2015 Mr. Peet more than Satisfactorily represented his indigent clients. Please feel free to contact me if you have any questions about these evaluations. We look forward to continuing to provide indigent defense for the City of Bremerton. Sincerely, SENT WITHOUT SIGNATURE TO AVOID DELAY JACOB P. MURPHY ACORD PRODUCER Moranco & Associates 9831 N. Nevada St., #309 Spokane, WA 99218 (oOgL 0640 INSURED LaCross & Murphy, PLLC 559 Bay Street Port Orchard, VITA 98366 Q60) 895-1555 Cf7VERAf;P9 CERTIFICATE OF LIABILITY INSURANCEDATEIMMIDOIYYYY] 03124/2017 TH(S CERTIFICATE fS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE MAIC # [INSURER A: Markel InsuranOe Com all - - INSURER e: INSURER i THE POLICIES OF INSURANCE LISTED BELOW HAVE AEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO TNTP[STANDiNG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRt8ED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCK POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tFl Sdi_.D0T�_-_ ---�------_-- 1 LICYE%PIRATI4N POLICY PO T POLICY NUMBER LIMITS GENERALLIABR-ITY I EACH OCCURRENCE 3_--•_—_-- J ' COMMERCIAL GENERAL LIA6ILITV��. RIME ES,� a ooa�rence]__ S 44 ---- - _ CLAIMS MADE [71 CCCUR � MED EXP (Anyone mwl S _—_� -- _._--.- PERSONAL d ADV INJURY n S GENERAL AGGREGATE Is GEN'L AGGREGATE LIMIT APPLIES PER: RRQOi7CT8 _ pQFAP�(1P RGI, S POLICY' PRO-jkGT F-1 LOC ` f AU_iomoa?Le LYAswry + lANY AU'O I t COM BIN EO SIN. L= LIMIT (Ea aoddent) j s I� ALL OWNED AUTOS l BODILY INJURY `SCHEDULEDAUTDS + S lParparsm) �- ' ---- — - ------ ��-�... j 1NRED AUTOS "1I BODILY INJURY accidm6 5 I NON-GMNEDAVTAS (Per I — PROPERTY DAMA3E i j s {Per acddenij GARAGE LIABILITY i AUTO ONLY • ER ACC?DENT S . ...r.� ANY AUTO OTHER T.`UIN FA ACC,}? .--- •---� .- . _ .. AUTO ONLY- AGG I i EXCESS f UMBRELLA LIABILITY j EACH OCCUR RENCF OCCUR CLAIMS MADE � I AGGREGATE ! r CECUCT18LE RETENVON S 1 $ WORKERS COMPENSATION N+CSTATCf- ;DTH-; AND EMPLOYERS' LIABILITY Y I H IIS j ANY PRC PRIETOR,PARTNERIEXECUTIVEE.L. EACH ACCVIENT } OFFVERlMEMBER EXCLUDED? (Mabdalo y in NH) el. DIS&ISE • EA E411LOYE 5 I[y" desonbeWMBf SPEC'.AL PROVISIONS beltw E.L-DISEASE-PDLICVLIMIT S OTHER j $1,040,000 - Per Claim Lawyers Professional #FLA 305128 05101117 05/01/18 $2,000,000 - Aggregate L/ Liability Insurance ,$5,000 -- Deductible DESCRIPTION OF OPER ATION51 LOCATIONS f VEHICLES I EXCteSiONS ADDED BY£NDORSEMFNTI5PECIAL PRGVISIDHS CERTIFICATE HOLDER City of Bremerton Public Defense 550 Park Avenue Bremerton, WA 98337 �R lIf{:1;L�A ! 1LtN SHOLI LD ANY OF TH E ABOVE D ESCRI BED P OLICI E S B E CA NCEL LEO BEFO RE T H E EX PI RATI O N AA TE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL :9L DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAM E13 TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGAT10N OR LIABILITY OF ANY MIND UPON THE INSURER, ITS AGENTS OR AUTHO ED REPRESENTATIVE ACORD 25 (24091Di) [� g •3aO C RD CORPORA The ACORD name and logo are registered m rks of ACORD All rights reserved. ,OR 0 CERTIFICATE OF LIABILITY INSURANCE PRODUCER THIS CERTIFICATE 13 ISSUED AS A MATT Moranco &AssocY ANGHTS UPC iates uOni nr-RT S CERTIFICATE ONFERS NO (DOES NOT 9631 N. Nevada St., #309 Spokane, WA 99218 (509)324-0640 INSURED LaCross & Murphy, PLLC 559 Bay Street Port Orchard, WA 98366 INSURERS AFFORDING COVERAGE E 14" (;;tqu L� DATE (MMIDO/YYYY1 04/11/2018 OF INFORMATION THE CERTIFICATE FEND. EXTEND OR NAIC # THE PAUPERS OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POU ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE Y BE ISS1,11513-M PERTAIN,MAY BY S ATHE INS RAMC SHOWN MAY HAVE BEEN REDUCED DESCRIBED CREAMS. N IS SUBJECT TO ALL THE TERMS, EXCLUSIONCAN@CC IIT H PAUPE LIABILITY -DAMAGE TO RENTEU MERC OENE�IABILITY CLAIMS MADE OCCUR MED EXP Orla S LIMIT APPLIES PER: IWTOMOBILE LIABILITY EXCESS I UMBRELLA LIABILITY OCCUR � CLAIh=S MADE DEDUCTIBLE COMBINED SINOIE LIMIT $ (Ea acditt) AGGREGATE ANY AUTO ALL OVMNED AUTOS Pk 1 �� C #LA 306320 C _ 05/01/18 05/01/19 - BODILY NJURY $ (Par P—) SCHEDULED AUTOS E.L. EACH ACCIDEN EL DISEASE - EA E E.L. DISEASE -POU $1,000,000— 2,000,000— 1$5,000 — DeI DESCRIPTION OF OPERATIONS I LOCATIONS I VENK LMM I EXCLUSIONS ADDS) BY ENDORSEMENT I SPECIAL PROVISIONS FARED AUTOS ODDLY a NON-ONMED AUTOS AUTO ONLY - EA ACCIDENT I GARAGE LIABILITY EA ACC I I ANY AUTO OTHER THAN AUTO ONLY: ecus f SHOULpANYOP7FE'.ABOVE Dl'.SCRISED FDUdE88ECANCELLED BEaDRETHE O(PIM Bremerton Municipal Court I DATE THEREOF, TIE ISSUING INSURER wB.L ENDEAVOR TO WAR. 30 DAYS WRITTEN 550 Paris Ave NOTICE TO THE cERTIMATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Bremerton, WA 98337 IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE INBUREt. ITS AGENTS OR =A'!IWEL- PUED!04USENTATIVE ACORD 25 (2009!01) ® 688-2009 ACORD CORPORA N..AN rights reserved. The ACORD nam and logo are registered marks of ACORD EXCESS I UMBRELLA LIABILITY OCCUR � CLAIh=S MADE DEDUCTIBLE AGGREGATE RETENTION $ Pk 1 �� C #LA 306320 C _ 05/01/18 05/01/19 - WC STATU WORKERS COMPENSATION— AND EMPLOYERS' LUBRM Y I N ANY PROPRIETORIPARTNERIEXECUTNE W�EXCLUOED7 SPECIAL PR 8ba1oM' OTM Lawyers Professional ILiability Insurance E.L. EACH ACCIDEN EL DISEASE - EA E E.L. DISEASE -POU $1,000,000— 2,000,000— 1$5,000 — DeI DESCRIPTION OF OPERATIONS I LOCATIONS I VENK LMM I EXCLUSIONS ADDS) BY ENDORSEMENT I SPECIAL PROVISIONS SHOULpANYOP7FE'.ABOVE Dl'.SCRISED FDUdE88ECANCELLED BEaDRETHE O(PIM Bremerton Municipal Court I DATE THEREOF, TIE ISSUING INSURER wB.L ENDEAVOR TO WAR. 30 DAYS WRITTEN 550 Paris Ave NOTICE TO THE cERTIMATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Bremerton, WA 98337 IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE INBUREt. ITS AGENTS OR =A'!IWEL- PUED!04USENTATIVE ACORD 25 (2009!01) ® 688-2009 ACORD CORPORA N..AN rights reserved. The ACORD nam and logo are registered marks of ACORD BATE (MMIDDNYYY) �� CERTIFICATE OF LIABILITY INSURANCE 04/11/2018 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Moranoa & Associates ALOTER THEHIS CERTIFICATE DOES GOVERAGE AFFORDED NOT THE POLEXTEND OR ICIES BELOW. 9631 N. Nevada St,, #309 Spokane, WA 99218 -- _. __ . --I- INSURERS AFFORDING COVERAGE NAIL # INSURED LaCross & Murphy, PLLC INSURERS: 559 Bay Street INSURER C: Port Orchard, WA 98366 INSURER D: 360 895-1656 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATIONMMWIM LIMITS INSR OD' POLICY NUMBER EACH OCCURRENCE $ GENERAL LIABILITY PREMISES Ee eco $_._...—.... COMMERCIAL GENERAL IIABIUTY MED EXP (Any one Parson) $._—_.__. CLAIMS MADE OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS -COMPIOPAGG $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO ALL OWNED AUTOS BODILY INJURY $ (Par person) SCHEDULED AUTOS HIRED AUTOS BODILY INJURY $ (Par accident) NON -OWNED AUTOS PROPERTY DAMAGE $ (Per accident) AUTO ONLY -EA ACCIDENT _$ GARAGE LIABILITY AACC $ OTHER THAN -- ,..-..-._.__._....._._-- ANY AUTO AUTO ONLY: AGG $ EACH OCCURRENCE $ �_ EXCESS I UMBRELLA LIABILITY OCCUR CLAIMS MADE AGGREGATE $ _ - — -- DEDUCTIBLE $ RETENTION $ WC BTATU- OTH- WORKERS COMPENSATION ER �— AND EMPLOYERS' LIABILITY Y / N E.L. EACH ACCIDENT $___—,.,.,,______� ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yyea, dosaiba under LPROVISION5below E.L. DISEASE -POLICY LIMIT $ $1,000,000 — Per Claim OTHER OTHER Lawyers Professional #LA 306320 05/01/18 05/01/19 $5 b gate 000,000Deductible— Liability Insurance DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Bremerton Municipal Court SHOULD ANYOF DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN I 550 Park Ave NOTICE TO THE CER 1FICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL Bremerton, WA 98337 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 0 88.2009 ACORD CORPORATI N. II rights reserved, ACORD 26 (2008101) The ACORD name and logo are registered marks of ACORD Washiington State Df.,partment cat Labor & Industries Owner or'tradesperson JOHN CROSS Doing business as LACROSS & MURPHY PLLC WA UBI No. 602 690 372 559 BAY ST PORT ORCHARD, WA 98366-5305 Governing persons JOHN L. CROSS DAVID LACROSS; DAVID LACROSS; I L�e " arc " h 11 L Workers' comp Do you know if the business has employees? If so, verify the business is up-to-date on workers' comp premiums. Account is current. L.&I Account ID 137,671.00 Doing business as LACROSS & MURPHY PLLC Estimated workers reported Pending current quarter filing L&I account r;ontact T5 / KRISTEN WATERS (360)902-5592 - Email: POKE235@lni.wa.gov Public Works Strikes and Debarments Verify the contractor is eligible to perform work on public works projects. Contractor Strikes No strikes have been issued against this contractor. Contractors not allowed to bid No debarments have been issued against this contractor. [workplace safety and health No inspections during the previous 6 year period. 1� ) \Nif,hnt,Pnn I S4MI D14)t r�I I I ,!Thor & II C I I I ,II s. I jsv of this r, i� h ec It") ffir, laws oft he ';t 'It", rt vlja,�,hi nIllon H,, ,r w" imH,'pI),')Jia� AMENDMENT NO.2 TO AGREEMENT FOR CITY OF BREMERTON PUBLIC DEFENSE SERVICES (LaCross & Murphy, PLLC) This Amendment No. 2 specifically amends the Agreement for City of Bremerton Public Defense Services ("Agreement") entered into by and between the City of Bremerton ("City"), a Washington municipal corporation and Cross, LaCross & Murphy, PLLC, now LaCross & Murphy, PLLC, a Professional Limited Liability Corporation ("Public Defender"), as amended by Amendment No. 1. WHEREAS, the City and Public Defender entered into an Agreement for the provision of public defense services on October 23, 2012; and WHEREAS, the City and Public Defender entered into an Amendment No. 1 to Agreement for the provision of public defense services on November 10, 2014 to extend the term of the Agreement for an additional four year term; WHEREAS, the City and Public Defender now desire to extend the term of the Agreement for an additional one years; NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herein, and other good and valuable consideration, the parties agree as follows: L SECTION 3. TERM of the Agreement is amended as follows: The term of the Agreement, as amended by Amendment No. 1, is extended for an additional one year term by extending the date of termination from October 31, 2018 to October 31, 2019, unless extended or terminated earlier pursuant to the terms and conditions of the Agreement. II. All provisions in the Agreement shall remain in full force and effect except as expressly modified by Amendment No. 1 and this document. IN WITNESS WHEREOF, the parties have executed this Amendment No. 2 to Agreement on the day and year fully executed below. CITY OF BREMERTON GRE WHEELER, MAYOR Date: Oci 311 2016 LACROSS & MURPHY, PLLC AJACOBMURPHY, MANAGING PARTNER Date: R:\Legal\Legal\Files\Current Active Files\Public Defender Contracts\Public Defender 2018 Amend 2 - Final.doc Public Defense Services - 2018 Amendment LaCross & Murphy, PLLC Attorneys at Law 550 Park Avenue Tel: (360) 473-2346 Bremerton, WA 98337 Fax: (360) 473-2365 October 12, 2018 Dawn Nelson, Court Administrator Bremerton Municipal Court 550 Park Avenue Bremerton, WA 98337 RE: Attorney Evaluations Dear Dawn: RECEIVED OCT 12 2018 BY MUNICIPAL COURT Below are the attorney evaluations for the associates of LaCross and Murphy, PLLC that provided representation for indigent clients in Bremerton Municipal Court for 2018. The evaluations were completed by the undersigned, Jacob P. Murphy, Managing Partner. The two associates evaluated were Sarah Macdonald and Ian De Vema. The evaluations are based on direct supervision of both attorneys in court during hearings, discussions with the attorneys about client issues and an interview of each attorney. This year was Ms. Macdonald's first year with our firm representing indigent defendants. She has had to quickly adapt to the pace of a municipal court and a full case load of clients. She has been proactive in talking with me as well as Mr. De Verna and Mr. Brennan about the issues that are new to her but familiar to us in clients' cases so that she can increase the rate at which she develops her skills as a defender. She has made progress in managing difficult clients. She diligently reviews and researches the issues presented to her in all of her matters. She has been able to work well with the Prosecuting Attorneys in the Court to resolve cases. Our goal for Ms. MacDonald for the upcoming year is to help her become even more comfortable and assertive with difficult clients and in the courtroom. Mr. De Verna has continued to increase and display his trial skills this year having just received a not guilty verdict in the trial be conducted this year. He works well with his clients helping them to fully understand the legal issues that they are facing and give them the ability to make a fully informed decision on how to resolve their matter. He thoroughly researches and investigates all of his matters. He works well with the Prosecuting Attorneys in the Court to discuss and resolve matters efficiently. Unfortunately, we do not have a goal for Mr. De Verna for this next year as he is leaving our firm for a new attorney position in Seattle. Please feel free to contact me if you have any questions about these evaluations. We look forward to continuing to provide indigent defense for the City of Bremerton. Sincerely, SENT WITHOIIT SIGNATURE TO AVOID DELAY JACOB P. MURPHY ® DATE(MMIDD/YYYY) l A RI' CERTIFICATE OF LIABILITY INSURANCE 04/30/2019 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Moranco&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 9631 N. Nevada St.,#309 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Spokane, WA 99218 (509) 324-0640 INSURERS AFFORDING COVERAGE NAIC# INSURED _......... ....__ __. .._. INSURER A: Markel Insurance Company LaCross& Murphy, PLLC INSURER B: 559 Bay Street INSURER C: - Port Orchard, WA 98366 INSURERNSURER 0 NA A (360)895-1555 INSURER E: �1 v/1V V COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POUCIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .p INSR IAOD' - POUCY EFFECTIVE POLICY EXPIRATION LTR NSREI TYPE OF INSURANCE f- POLICY NUMBER DATE IMMIDOryYYY) DATE IMM/DOIYYYYI UNITS E GENERAL LIABILITY I I_EACH OCCURRENCE $ € DAEEAI;E-1' RELAYED— C1 COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurence) _ $ CLAIMS MADE 1_ I OCCUR MED EXP(Any one person) $ PERSONAL R.ADVINJURY $ GENERAL AGGREGATE $ . GEM.AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ —1 POLICY' I PRO- ( I LOC --- AUTOMOBILE_ LIABILITY COMBINED SINGLE LIMIT __-. 5 ANY AUTO (Ea accident) ALL OWNED AUTOS .BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) — f PROPERTY DAMAGE s (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT S ANY AUTOOTHER THAN EA ACC S j AUTO ONLY. AGG S EXCESS I UMBRELLA UABIUTY t EACH OCCURRENCE $ ,. I OCCUR [ I CLAIMS MADE AGGREGATE $ , S DEDUCTIBLE $ RETENTION S I S WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N l I TORYLIMIIS _... ER. __ ANY PROPRIETOR/PA.R TN ER/EXEC LI IIVE El_EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) El.DISEASE-EA EMPLOYEE 5 II yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ • OTHER $1,000,000- Per Claim Lawyers Professional #LA 306320 05/01/19 I 05/01/20 $2,000,000- Aggregate Liability Insurance _ $5,000 - Deductible • DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Bremerton Municipal Court; Office of Public Defense DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _30 DAYS WRITTEN 550 Park Ave. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Bremerton, WA 98337 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENJATIV ES. AUTHOV.EO REPRESENTATIVE'',.'_ ACORD 25(2009/01) �t @ 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1 Markel Insurance Company di "A Stock Company' Lawyers Professional Liability Declarations Ten Parkway North Deerfield,IL 60015 This is a claims made and reported policy Please read this policy and all endorsements and attachments carefully THE POLICY IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED AND REPORTED TO THE COMPANY DURING THE POLICY PERIOD OR AUTOMATIC EXTENDED REPORTING PERIOD, UNLESS,AND TO THE EXTENT,THE EXTENDED REPORTING PERIOD OPTION APPLIES. Policy Number:LA307514 Renewal of Policy:LA306320 1.NAMED INSURED:LaCross & Murphy, PLLC ADDRESS: 559 Bay Street Port Orchard WA 98366 2.POLICY PERIOD: From 05/01/2019 to 05/01/2020 at 12:01 A.M.Standard Time at the Named Insured's address shown above. IN RETURN FOR THE PAYMENT OF THE PREMIUM,AND SUBJECT TO ALL THE TERMS OF THIS POLICY, THE COMPANY AGREES WITH THE INSURED TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. Coverages and Deductible 3.LIMITS OF LIABILITY: Each Claim: $1,000,000 Aggregate: $2,000,000 4.DEDUCTIBLE: $5,000 5.ANNUAL PREMIUM: $ 6,425.00 Total Premium $ 6,425.00 6.RETROACTIVE DATE: Feb. 28, 2002 If a date is indicated,this insurance will not apply to any act,error,omission or Personal Injury which occurred before such date. 7.Forms and endorsements applying to this Coverage part and made part of this policy at the time of issue: MLP 1201 02 11 CW GENERAL CHANGES ENDORSEMENT MLP 1209 07-12 CLAIMS EXP LIMIT MIL 1214 09 17 TRADE OR ECONOMIC SANCTIONS MPIL 1007 03 14 PRIVACY NOTICE MPIL 1083 04 15 OFAC ADVISORY NOTICE MEIL 5409 09-10 NUCLEAR EXCL MLP 1400—WA 12 11 WA AMENDATORY ENDT MLP 0001 06 11 MARKEL INS LAWYERS PROF POLICY 8.Report Claims by fax,registered mail or email to: Claims Service Center:Markel Service Incorporated;Ten Parkway North,Deerfield,Illinois 60015 Fax(847)572-6338 E-mail:newclaims@markelcorp.com These Declarations,together with the Common Policy Conditions and Coverage Form(s)and any Endorsement(s),complet he above numbered policy. �1�(s uthorized Representative Producer Name:RPS Plus Companies,1150 U.S.Highway 22,Suite 120 Bridgewater,NJ 08807 Markel Producer#36993 MDLP 1000 0211 Issue Date:04/20/2019 To Report a Loss • Dial toll-free#1 (844)777-8323 or visit our RPSBRD/SC/2019.04.20 •Website:https://my.rpsins.com/claimsfnol •Contact Insurer directly(see_policy section) PROFESSIONAL LIABILITY POLICY NUMBER:LA307514 1 mum t 1 Markel Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL CHANGES ENDORSEMENT This endorsement modifies insurance provided under the following: LAWYERS PROFESSIONAL LIABILITY INSURANCE COVERAGE FORM Named Insured LaCross & Murphy, 200C Endorsement Number Policy Symbol Policy Number Policy Period Effective Date of Endorsement LA307514 05/01/2019to 05/01/2020 05/01/2019 Issued By (Name of Insurance Company) Markel Insurance Company This policy is amended where indicated by an ❑X below. ❑ Additional Insured: The inclusion of these additional insureds shall not operate to increase the limits of insurance afforded by this policy. An additional insured is added per the attached form The following additional insured is deleted: ❑ Deductible: The deductible is amended as follows ❑ Retroactive Date: The Retroactive Date shown on the Declarations is amended as follows ❑ Effective Date: The policy effective date is amended as follows O Expiration Date: The policy expiration date is amended to read ® Forms: The following form(s)are added to the policy: ANNUAL AGGREGATE DEDUCTIBLE CONTINUITY OF COVERAGE SUPPLEMENTARY PAYMENTS AMENDMENT TO EXCLUSION H. UNLIMITED EXTENDED REPORTING PERIOD OPTION WAIVER OF EXCLUSION AND BREACH OF NOTIFICATION OR REPORTING REQUIREMENTS LIBERALIZATION NONPRACTICING EXTENDED REPORTING PERIOD MLP 1201 02 11-CW Page 1 of 2 The following form(s)are deleted from the policy: ❑ Mailing Address: The mailing address is amended as follows: ❑ Name of Insured: The Named Insured is amended as follows: ❑ Premium: The premium shown on (form number/declarations page/other) is amended as follows: ❑ Limits: The limit of liability shown in Section 3. of the Declarations is replaced by the following: Limit of Liability Limit $ These limits of liability replace, and are not in addition to, the Limits of Liability afforded by this policy. Details Section: (This section describes changes that are applicable to the selections above) All other terms and conditions of this policy remain unchanged. Total Additional Premium: $ Total Return Premium: $ cfp,„„si V` 4 2,...kta„... Authorized Representative MLP 1201 02 11-CW Page 2 of 2 • e ' Markel Insurance Company Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC a part of Policy No.:LA307514 Endorsement No.: 2 Effective Date of Endorsement: 0 5/01/2 019 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ANNUAL AGGREGATE DEDUCTIBLE This endorsement modifies insurance provided under the following: LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY. In consideration of the premium paid, it is hereby understood and agreed that the policy is amended as follows: SECTION III B. is deleted and replaced by the following: B. The total amount of Damages or Claim Expenses for which the Insured will be responsible as respects all Claims first made during any one Policy Period shall not exceed the Deductible amount stated in Item 4. of the Declarations Page. Once the Named Insured has paid the Deductible amount stated in Item 4. of the Declarations Page, the Named Insured does not have to pay any further amount as a Deductible regardless of how many Claims are reported under this policy. The Named Insured shall remit the Deductible within ten (10) days of the Company's written demand. Failure of the Named Insured to remit the Deductible upon receipt of such demand shall disqualify the Named Insured from being able to exercise the option to purchase an Extended Reporting Period endorsement. All other provisions of the policy shall apply and remain unchanged. PW-1 • "Tha M Markel Insurance Company Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC a part of Policy No.:LA307514 Endorsement No.: 3 Effective Date of Endorsement: 05/o 1/2019 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. CONTINUITY OF COVERAGE This endorsement modifies insurance provided under the following: LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY. In consideration of the premium paid, it is hereby understood and agreed that the policy is amended as follows: SECTION I—COVERAGE, subsection B.2 is deleted and replaced with the following: 2. at the inception date of the first Lawyers Professional Liability Policy issued by this Company to the Named Insured or its Predecessor in Business and continuously renewed and maintained in effect to the inception of this Policy Period, no Insured had a reasonable basis to believe that any Insured had breached a professional duty or a reasonable basis to believe an act, error, omission or Personal Injury might be expected to result in a Claim or Suit. All other provisions of the policy shall apply and remain unchanged. PW-2 Q '=. Markel Insurance Company Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC a part of Policy No.:LA307514 Endorsement No.: 4 Effective Date of Endorsement: 05/o 1/2019 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. SUPPLEMENTARY PAYMENTS This endorsement modifies insurance provided under the following: LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY. In consideration of the premium paid, it is hereby understood and agreed that the policy is amended as follows: SECTION I—COVERAGE is amended by the addition of the following: The Company will pay, in addition to the applicable Limits of Liability and without applying any Deductible: A. Up to $500 for loss of earnings to each individual Insured for each day or part of a day of such Insured's attendance at the Company's written request at a trial, hearing or arbitration proceeding involving a Suit against such Insured for covered Damages, but the amount so payable for any one or series of trials, hearings or arbitration proceedings shall in no event exceed $5,000 per Policy Period for all Insureds; and B. Up to $10,000 per Policy Period for attorney fees, and other costs, expenses or fees resulting from the investigation or defense of a proceeding before a state licensing board, local disciplinary board, self-regulatory agency, ethics commission or governmental regulatory body incurred as the result of a notice of a proceeding, first initiated against the Insured during the Policy Period and reported to the Company during the Policy Period, that arise out of any act, error, omission or Personal Injury which happened on or after the Retroactive Date and arise out of the rendering of or failure to render Professional Services by an Insured covered under this policy. C. Up to$5,000 in the aggregate for awards under Rule 11 of the Federal Rules of Civil Procedure. All other provisions of the policy shall apply and remain unchanged. PW-3 "Kt Markel Insurance Company ik."4"4"i'fic'c ,C:c .. Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC a part of Policy No.:LA307519 Endorsement No.: 5 Effective Date of Endorsement: 05/01/2 019 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. AMENDMENT TO EXCLUSION H. This endorsement modifies insurance provided under the following: LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY. In consideration of the premium paid, it is hereby understood and agreed that the policy is amended as follows: SECTION VI —EXCLUSIONS H. is deleted and replaced by the following: H. Made by an Insured against any other Insured, unless such Claim arises solely out of Professional Services performed for an Insured by another Insured in a lawyer client relationship; All other provisions of the policy shall apply and remain unchanged. PW-4 . ... ......... ..........._............. . Markel Insurance Company Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC a part of Policy No.:LA307514 Endorsement No.: 6 Effective Date of Endorsement: 0 5/01/2 019 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. UNLIMITED EXTENDED REPORTING PERIOD OPTION This endorsement modifies insurance provided under the following: LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY. In consideration of the premium paid, it is hereby understood and agreed that the policy is amended by the addition of Item 6 to SECTION VIII B. Extended Reporting Period Option: 6. 300% of the full annual premium for this policy, to an unlimited period. All other provisions of the policy shall apply and remain unchanged. PW-5 • • • • • M . . . . jMarkeI Insurance Company Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC a part of Policy No.:LA307514 Endorsement No.: 7 Effective Date of Endorsement: 05/o1/2019 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. WAIVER OF EXCLUSION AND BREACH OF NOTIFICATION OR REPORTING REQUIREMENTS This endorsement modifies insurance provided under the following: LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY. In consideration of the premium paid, it is hereby understood and agreed that the policy is amended by the addition of the following additional condition to SECTION IX—GENERAL CONDITIONS: Whenever coverage under any provision of this policy would be excluded, suspended or lost: 1. because of EXCLUSION A; or 2. because of noncompliance with SECTION V—WHEN TO REPORT A CLAIM or SECTION IX —O. NOTICE, by any Insured whose failure to give notice to the Company was due to (1) the concealment by another Insured of the acts, errors, omissions or Personal Injuries which gave rise to a Claim; and (2) the failure of that other Insured to give notice to the Company; then the Company agrees that such insurance as would otherwise be afforded under this policy shall not be excluded, suspended or lost with respect to any Insured who did not personally commit, participate or acquiesce in one or more of the acts or omissions by another Insured triggering the application of EXCLUSION A; or who, with respect to SECTION V—WHEN TO REPORT A CLAIM or SECTION IX — O. NOTICE, did not personally fail to comply, or did not remain passive after learning of another Insured's failure to comply with such Condition, and did comply with such Condition promptly after obtaining knowledge of the failure of any other Insured to comply therewith. All other provisions of the policy shall apply and remain unchanged. PW-6 ' Markel Insurance Company Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC a part of Policy No.:LA307514 Endorsement No.: 8 Effective Date of Endorsement: 05/01/2019 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. LIBERALIZATION This endorsement modifies insurance provided under the following: LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY. In consideration of the premium paid, it is hereby understood and agreed that the policy is amended by the addition of the following additional condition to SECTION IX—GENERAL CONDITIONS: If the Company adopts any revision to this standard policy wording that would broaden the coverage under this policy without additional premium at any time during the Policy Period, the broadened coverage will immediately apply to this policy, without any effect on the other terms and conditions, such as the Limits of Liability. All other provisions of the policy shall apply and remain unchanged. PW-7 MARKIlo ' Markel Insurance Company Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC a part of Policy No.:LA307514 Endorsement No.: 9 Effective Date of Endorsement: 0 5/01/2019 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. NONPRACTICING EXTENDED REPORTING PERIOD This endorsement modifies insurance provided under the following: LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY. In consideration of the premium paid, it is hereby understood and agreed that the policy is amended by the addition of Item E.to SECTION VIII —AUTOMATIC EXTENDED REPORTING AND EXTENDED REPORTING OPTIONS: E. Nonpracticing Extended Reporting Period 1. Eligibility: a) The provisions of this subsection entitled "Nonpracticing Extended Reporting Period" apply to any lawyer employed by the Named Insured (hereinafter referred to as "you" or "your") who falls within the definition of "Insured" set forth in SECTION II Item C., but not to such lawyers acting as "of counsel", as independent contractors, or lawyers contracting on a per diem basis. b) If you retire or otherwise cease the private practice of law during the Policy Period, then you have the option to extend the insurance afforded by this policy subject otherwise to its terms, limits of liability, exclusions and conditions. Such extension (hereinafter, "Nonpracticing Extended Reporting Period") shall apply to Claims first made against you during the thirty-six (36) month period immediately following the effective date of such retirement or cessation of private practice, or the effective date of this policy's cancellation, if sooner (hereinafter, "Effective Date"), but only for any act, error, omission or Personal Injury committed by you before such Effective Date and otherwise covered by this insurance, provided there is no other insurance in effect on or after such Effective Date which covers you for such liability or Claim. 2. A specific Nonpracticing Extended Reporting Period must be purchased by you. For each of you purchasing the Nonpracticing Extended Reporting Period , the premium is: a) 185%of the full annual premium of this policy as stated in the Declarations modified by the number of you purchasing the Nonpracticing Extended Reporting Period divided by the total number of attorneys in the Named Insured. b) The Company will waive the premium for the Nonpracticing Extended Reporting Period if you: 1. die, except by suicide; or 2. become totally and permanently disabled; or 3. retire or otherwise cease the private practice of law; during the Policy Period and have been insured by the Company under a Lawyers' Professional Liability Policy continuously for the last three (3)full years. PW_8 Page 1 of 2 c) The deductible amount and deductible provisions of this policy will be waived with respect to Claims first made against you during the Nonpracticing Extended Reporting Period, if purchased by you. 3. Nonpracticing Extended Reporting Period Limits of Liability a) The limits of liability applicable to any and all Nonpracticing Extended Reporting Periods provided under the policy will be part of and not in addition to the limits of liability stated in the Declarations. The purchase of any Nonpracticing Extended Reporting Periods will not increase the limits of liability stated in the Declarations, which shall be the Company's maximum liability for the Policy Period and all Nonpracticing Extended Reporting Periods combined regardless of the number of Nonpracticing Extended Reporting Periods purchased. b) If other insurance exists which covers Claims first made during the Nonpracticing Extended Reporting Period, the coverage provided under this policy for the Nonpracticing Extended Reporting Period will not apply. 4. Purchasing the Nonpracticing Extended Reporting Period a) As a condition precedent to Your right to purchase the Nonpracticing Extended Reporting Period, any and all premium and deductibles that are due must have been paid and you must have complied with all other terms and conditions of this policy. b) The Nonpracticing Extended Reporting Period will not be available if you are disbarred, suspended or resign in lieu of suspension in any state or court where you have a license or have a right to practice. c) Your right to purchase the Nonpracticing Extended Reporting Period must be exercised by notice in writing to the Company not later than thirty (30) days after the effective date of your retirement or cessation of private practice, or not later than the effective date of this policy's cancellation, if sooner. Such notice must indicate the date of your retirement or cessation of private practice and must include payment of the entire premium, if any, for such Nonpracticing Extended Reporting Period. You may not change the option purchased once that has been purchased. SECTION VIII Item C. shall apply to any Nonpracticing Extended Reporting Period you purchase. PW-8 Page2of2 • MARKEL INSURANCE COMPANY PROFESSIONAL LIABILITY rumor Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC a part of PolicyNo.:LA307514 Endorsement No.: 10 Effective Date of Endorsement:o s/01/2019 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CLAIMS EXPENSES IN ADDITION TO LIMIT OF LIABILITY This endorsement modifies insurance provided under the following: LAWYERS PROFESSIONAL LIABILITY INSURANCE COVERAGE FORM The policy is amended as follows: A. The last two paragraphs of SECTION I—COVERAGE are deleted and replaced by the following: Claims Expenses shall be in addition to the Limit of Liability specified in Item 3. of the Declarations Page. In no event shall the Company be obligated to pay Damages or Claims Expenses or to defend, or continue to defend, any Suit after the applicable limit of the Company's liability has been exhausted by payments of Damages. B. The first two paragraphs of SECTION III — LIMIT OF LIABILITY AND DEDUCTIBLE A. are deleted and replaced by the following: A. The Limit of Liability stated on the Declarations Page as applicable to "each Claim" is the limit of the Company's liability for all Damages for each Claim covered. All Claims arising from the same or related acts, errors or omissions or Personal Injury shall be considered a single Claim for the purpose of this insurance and shall be subject to the same Limit of Liability, with all such Claims to be considered as first made at the earliest of the date the first Claim was made or the date the act, error, or omission or Personal Injury was first reported to the Company. The Limit of Liability stated on the Declarations Page as "aggregate" is, subject to the above provision respecting "each Claim,"the total limit of the Company's liability under this policy for all Damages. All other terms and conditions remain unchanged. MLP 1209 07 12 Page 1 of 1 . , id MARKEL INSURANCENCE COMPMARIO Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC apart of PolicyNo.:LA307514 Endorsement No.: 11 Effective Date of Endorsement:05/01/2019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS The following is added to this policy: Trade Or Economic Sanctions This insurance does not provide any coverage, and we (the Company)shall not make payment of any claim or provide any benefit hereunder, to the extent that the provision of such coverage, payment of such claim or provision of such benefit would expose us (the Company) to a violation of any applicable trade or economic sanctions, laws or regulations, including but not limited to, those administered and enforced by the United States Treasury Department's Office of Foreign Assets Control(OFAC). All other terms and conditions remain unchanged. MIL 1214 09 17 Page 1 of 1 MARKEL INSURANCE COMPANY Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC apart of Policy No.:LA307514 Endorsement No.: 12 Effective Date of Endorsement:05/01/2 019 PRIVACY NOTICE We are committed to safeguarding your privacy. We understand your concerns regarding the privacy of your nonpublic personal information. No nonpublic personal information is required to be collected when you visit our websites; however, this information may be requested in order to provide the products and services described. We do not sell nonpublic personal information to non-affiliated third parties for marketing or other purposes. We only use and share this type of information with non-affiliated third parties for the purposes of underwriting insurance, administering your policy or claim and other purposes as permitted by law, such as disclosures to insurance regulatory authorities or in response to legal process. Notwithstanding the foregoing, we may use this information for the purpose of marketing our own products and services to you. We collect nonpublic personal information about you from the following sources: Information we receive from you on applications or other forms; • Information about your transactions with us, our affiliates, or others; and/or • Information we receive from consumer reporting agencies and inspection reports. We do not disclose any nonpublic personal information about our customers/claimants or former customers/claimants to anyone, except as permitted by law. We may disclose nonpublic personal information about you to the following types of third parties: • Service providers, such as insurance agents and/or brokers and claims adjusters; and/or - Other non-affiliated third parties as permitted by law. We restrict access to nonpublic personal information about our customers/claimants to those individuals who need to know that information to provide products and services to our customers/claimants or as permitted by law. We maintain physical, electronic, and procedural safeguards to guard your nonpublic personal information. Residents of California: You may request to review and make corrections to recorded non-public personal information contained in our files. A more detailed description of your rights and practices regarding such information is available upon request. Please contact your agent/broker for instructions on how to submit a request to us. MPIL 1007 03 14 Page 1 of 1 ill MARKEL INSURANCE COMPANY mow Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC a part ofPolicy No.:LA307514 Endorsement No.: 13 Effective Date of Endorsement:05/01/2019 U.S. TREASURY DEPARTMENT'S OFFICE OF FOREIGN ASSETS CONTROL ("OFAC") ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control (OFAC) administers and enforces sanctions policy, based on Presidential declarations of"national emergency'. OFAC has identified and listed numerous: Foreign agents; • Front organizations; • Terrorists; Terrorist organizations; and • Narcotics traffickers; as "Specially Designated Nationals and Blocked Persons". This list can be located on the United States Treasurys web site —https://www.treas ury.gov/ofac. In accordance with OFAC regulations, if it is determined that you or any other insured, or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person, as identified by OFAC, this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract, no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. MPIL 1083 04 15 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission. Professional Liability MARKEL INSURANCE COMPANY MARK® Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC a part of PolicyNo.:LA307514 EndorsementNo.: 14 Effective Date of Endorsement:05/01/2 019 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ 1T CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT (BROAD FORM) It is agreed that: 1. This policy does not apply: A. Under any Liability Coverage, to bodily injury or property damage (1) with respect to which an Insured under this policy is also an Insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters or Nuclear Insurance Association of Canada, or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) resulting from the hazardous properties of nuclear material and with respect to which (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or(b) the Insured is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof, with any person or organization. B. Under any Medical Payments Coverage, or any Supplementary Payments provision relating to first aid, to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. C. Under any Liability Coverage, to bodily injury or property damage resulting from the hazardous properties of nuclear material, if (1) the nuclear material (a) is at any nuclear facility owned by, or operated by or on behalf of, an Insured or (b)has been discharged or dispersed therefrom; (2) the nuclear material is contained in spent fuel or waste at any time possessed, handled, used, processed, stored, transported or disposed of by or on behalf of an Insured; or (3) the bodily injury or property damage arises out of the furnishing by an Insured of services, materials, parts or equipment in connection with the planning, construction, maintenance, operation or use of any nuclear facility, but if such facility is located within the United States of America, its territories or possessions or Canada, this exclusion (3) applies only to property damage to such nuclear facility and any property thereat. MEIL 5409 09 10 Page 1 of 2 2. As used in this endorsement: "hazardous properties" include radioactive, toxic or explosive properties; "nuclear material" means source material, special nuclear material or by-product material; "source material", "special nuclear material", and "by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof; "spent fuel" means any fuel element or fuel component, solid or liquid, which has been used or exposed to radiation in a nuclear reactor; "waste" means any waste material (1) containing by-product material and (2) resulting from the operation by any person or organization of any nuclear facility within the definition of nuclear facility under paragraph (a) or (b) thereof; "nuclear facility" means (a) any nuclear reactor, (b) any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium, (2) processing or utilizing spent fuel,or(3) handling, processing or packaging waste, (c) any equipment or device used for the processing, fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235. (d) any structure, basin, excavation, premises or place prepared or used for the storage or disposal of waste. and includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations; "nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self-supporting chain reaction or to contain a critical mass of fissionable material; "property damage" includes all forms of radioactive contamination of property. All other provisions of the policy shall remain unchanged. MEIL 5409 09 10 Page 2 of 2 PROFESSIONAL LIABILITY MARKEL INSURANCE COMPANY Endorsement Named Insured: Attached to and forming LaCross & Murphy, PLLC a part of PolicyNo.:LA307514 Endorsement No.: 15 Effective Date of Endorsement:0 5/01/2019 THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. WASHINGTON AMENDATORY ENDORSEMENT This endorsement modifies insurance provided under the following: LAWYERS PROFESSIONAL LIABILITY INSURANCE COVERAGE FORM A. VI. —EXCLUSIONS is amended by adding the following: Prohibited Denial Of A Claim For Concurrent Causation: A Claim may arise from a chain of acts, errors or omissions. If a covered act, error or omission of Professional Services causing the Claim is the dominant cause of such Claim,We will not deny such Claim on the basis that a secondary act, error or omission in that chain is not a covered act, error or omission of Professional Services. This provision supersedes any provision to the contrary. B. VII. —DEFINITIONS, paragraph A. Alternate Dispute Resolution is amended to read as follows: A. Alternative Dispute Resolution means the use of mediation or arbitration proceedings in which the Insured participates with the written consent of the Company. C. VIII. —AUTOMATIC EXTENDED REPORTING AND EXTENDED REPORTING OPTIONS, the first paragraph of B. Extended Reporting Period Option is amended to read as follows: In the case of cancellation or nonrenewal of this policy by the Named Insured or the Company for any reason other than flat cancellation by the Company for nonpayment of premium the Named Insured shall have the right to extend the time during which Claims can be reported for an additional premium of: D. IX. —GENERAL CONDITIONS Paragraph G. Subrogation is amended to read as follows: To the extent of any payment under this policy, the Company shall be subrogated to all the Insured's rights of recovery against any person, organization or entity. The Company will recover only after the Insured has been fully compensated for any Damages resulting from a Claim. Further, all Insureds shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after any loss to prejudice or terminate such rights and shall fully cooperate with the Company. The Company shall not exercise any such rights against any persons, firms or companies included in the definition of Insured. Notwithstanding the foregoing, however, the Company reserves the right to exercise any rights of subrogation against an Insured in MLP 1400-WA 12 11 Page 1 of 2 respect of any Claim brought about or contributed to by any dishonest, criminal, fraudulent, malicious or illegal acts or omissions. Paragraph H.Cancellation is amended to read as follows: This policy may be canceled by the Named Insured by: 1. surrender thereof to the Company or any of its authorized representatives; 2. giving to the Company written notice by mail,fax or email; or 3. verbal notice to the Company or to the producer; stating when thereafter the cancellation shall be effective. The policy may be canceled by the Company by mailing to the Insured(s) at the address shown in the policy written notice stating, the reason for cancellation and when not less than sixty (60) days thereafter, or ten (10) days in the case of nonpayment of premium or deductible, such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of the surrender or the effective date and hour of cancellation stated in the notice shall become the end of the Policy Period. Delivery of such written notice, either by the Named Insured or by the Company shall be equivalent to such mailing. If either the Named Insured or the Company cancels, earned premium shall be the pro-rated amount of the annual premium. Premium adjustment may be made at the time cancellation is effected and, if not then made, shall be made as soon as practicable after cancellation becomes effective. The Company's check or the check of its representative mailed as aforesaid shall be sufficient tender of any refund or premium due to the Named Insured, provided that if at the time of cancellation the policy limit for the indemnity period involved has been exhausted, the entire premium shall be considered earned. Paragraph I. Nonrenewal is amended to read as follows: The Company may nonrenew this policy by mailing or delivering to the Named Insured(s) at the address stated in the Declarations Page written notice of nonrenewal, stating the reason for nonrenewal, at least sixty (60)days before the expiration date of this policy. The offer of renewal policy terms, conditions, or premium amount different than those in effect prior to renewal does not constitute nonrenewal. All other terms and conditions remain unchanged. MLP 1400-WA 12 11 Page 2 of 2 • PROFESSIONAL LIABILITY • } " MARK , MARKEL INSURANCE COMPANY LAWYERS PROFESSIONAL LIABILITY INSURANCE POLICY THIS IS A CLAIMS MADE AND REPORTED POLICY. PLEASE REVIEW THE POLICY CAREFULLY. THE POLICY IS LIMITED TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD AND FIRST REPORTED TO THE COMPANY DURING THE POLICY PERIOD OR THE AUTOMATIC EXTENDED REPORTING PERIOD, UNLESS, AND TO THE EXTENT, THE EXTENDED REPORTING PERIOD OPTION APPLIES. MARKEL INSURANCE COMPANY, hereinafter called the Company, agrees with the Named Insured as shown in the Declarations which are made a part of this policy; in consideration of the payment of the premium, and in reliance upon the statements on the application and the Declarations Page and subject to the Limit of Liability, exclusions, conditions and other terms of this policy, as follows: INSURING AGREEMENTS SECTION I --COVERAGE The Company will pay on behalf of the Insured all sums which the Insured shall become legally obligated to pay as Damages for Claims first made against the Insured during the Policy Period and first reported to the Company during the Policy Period or any applicable extended reporting period, arising out of any act, error, omission or Personal Injury in the rendering of or failure to render Professional Services by an Insured or any entity or individual for whom the Named Insured is legally liable; provided always that such act, error, omission or Personal Injury happens: A. during the Policy Period; or B. prior to the Policy Period provided that: 1. such act, error, omission or Personal Injury happened on or after the Retroactive Date as indicated on the Declarations Page of this policy; and 2. at the inception of this policy no Insured had any reasonable basis to believe that any Insured had breached a professional duty nor any reasonable basis to believe an act, error, omission or Personal Injury might be expected to result in such Claim or Suit. The Company shall have the right and duty to defend any Suit against the Insured seeking Damages to which this insurance applies even if any of the allegations of the Suit are groundless, false or fraudulent. However, the Company shall have no duty to defend the Insured against any Suit seeking Damages to which this insurance does not apply. For covered Claims, the Company, at its option, shall select and assign defense counsel: however, the Insured may engage additional counsel, solely at their own expense, to associate in the defense of any covered Claim. The Insured shall not assume any liability, any obligations, incur any costs, charges, or expenses or enter into any settlement without the Companys written consent. The Company shall also have the sole right to investigate any Claim and negotiate the settlement, as it deems expedient. The Company shall not settle any Claim without the prior written consent of the Named Insured. In situations where the Company recommends the settlement of any claim but the Named Insured refuses to consent to such settlement recommended by the Company, and elects to contest the Claim or continue any legal MLP 0001 06 11 Page 1 of 9 proceedings in connection with such Claim then the liability of the Company for Damages and Claims Expenses shall not exceed the amount for which the Claim could have been settled, as well as the Claims Expenses incurred by the Company or with the Company's consent up to the date of such refusal. Claims Expenses shall be part of, and not in addition to, the Limit of Liability specified in Item 3. of the Declarations Page In no event shall the Company be obligated to pay Damages or Claims Expenses or to defend, or continue to defend, any Suit after the applicable limit of the Company's liability has been exhausted by payments of Damages or Claims Expenses. SECTION II --PERSONS INSURED Each of the following is an Insured under this policy to the extent set forth below: A. The entity or person named in Item 1. of the Declarations Page as the Named Insured; B. Any Predecessor in Business or Successor in Business; C. Any past or present partners, officers, directors, stockholders, members, managing members or employees of any person or entity specified in Item A. or B. above, but only while acting within the scope of their duties on behalf of such person or entity; D. Any non-affiliated person, but solely for Professional Services performed within the course and scope of their written contract with, and on behalf of, the Named Insured, Predecessor in Business or Successor in Business; E. The estate, heirs, executors, administrators and legal representatives of any Insured in the event of such Insured's death, incapacity, insolvency or bankruptcy, but only to the extent that such Insured would otherwise be provided coverage under this policy; F. Retained Of Counsel, but solely for Professional Services performed within the scope of their employment by the Named Insured or any Predecessor in Business. In all events, coverage as afforded with respect to a Claim made against an Insured as specified in Items A. through F. above, will only apply to an act, error, or omission or Personal Injury committed or allegedly committed by such Insured after such Insured joined the entity specified in Item A. or B. above and prior to the time such Insured ceased to be an Insured as specified in Items A. through F. above. SECTION III —LIMIT OF LIABILITY AND DEDUCTIBLE Regardless of the number of Insureds covered under this policy or the number of claimants or the number of Claims made,the Company's liability is limited as follows: A. The Limit of Liability stated on the Declarations Page as applicable to "each Claim" is the limit of the Company's liability for all Damages and Claims Expenses for each Claim covered. All Claims arising from the same or related acts, errors or omissions or Personal Injury shall be considered a single Claim for the purpose of this insurance and shall be subject to the same Limit of Liability, with all such Claims to be considered as first made at the earliest of the date the first Claim was made or the date the act, error, or omission or Personal Injury was first reported to the Company. The Limit of Liability stated on the Declarations Page as "aggregate" is, subject to the above provision respecting "each Claim", the total limit of the Company's liability under this policy for all Damages and Claims Expenses. The Company's liability for Damages and Claims Expenses, as applicable, resulting from "each Claim" is in excess of the Deductible amount stated on the Declarations Page. MLP 0001 06 11 Page 2 of 9 • B. The total amount of Damages or Claims Expenses for which the Insured will be responsible as respects each Claim first made during the Policy Period shall be the Deductible amount stated in Item 4. of the Declarations Page. The Named Insured shall remit the Deductible within ten (10) days of the Company's written demand. Failure of the Named Insured to remit the Deductible within ten (10) days of receipt of such demand shall disqualify the Named Insured from being able to exercise the option to purchase an Extended Reporting Period endorsement and will be grounds for non renewal of the policy. C. The Limit of Liability of any Extended Reporting Period shall be part of and not increase the Limit of Liability stated on the Declarations Page. SECTION IV—POLICY PERIOD, TERRITORY The insurance afforded by this policy applies to Claims which are first made against the Insured during the Policy Period and first reported to the Company during the Policy Period or any applicable extended reporting period if the Claim is made or Suit, if any, is brought within the United States of America, its territories, possessions, Puerto Rico or Canada. SECTION V--WHEN TO REPORT A CLAIM Written notice shall be given to the Company when the Insured first becomes aware of the following: A. A Claim made against an Insured, a lawsuit, or any kind of legal proceeding first asserting a Claim which has been made against an Insured; or B. Any event or circumstance which could reasonably be expected to result in a Claim against an Insured; and shall immediately forward to the Company copies of any and all demand letters, legal pleadings and other information relative to Items A. and B. above. SECTION VI --EXCLUSIONS This insurance does not apply to Claims: A. Arising out of an illegal, dishonest, fraudulent, criminal, knowingly wrongful, or malicious act, error or omission, or an intentional or knowing violation of the law, including but not limited to the Racketeer Influenced and Corrupt Organizations Act (commonly known as RICO), committed by, at the direction of, or with the knowledge of any Insured; however 1. For such Claims otherwise covered by this policy, the Company will provide a defense until such time as the act, error, or omission is found to be illegal, dishonest, fraudulent, criminal, malicious, or was an intentional or knowing violation of the law by trial, court ruling, regulatory ruling; or admission; and 2. This exclusion does not apply to an Insured who did not personally commit, participate or acquiesce in one or more acts or omissions by another Insured whose acts or omissions trigger the application of this exclusion to this policy; B. Based on or arising out of the rendering of or failure to render Professional Services by any Insured in their capacity as an employee, owner, partner, stockholder, director or officer of any sole proprietorship, partnership or corporation or other business enterprise which is not defined as Named Insured, Predecessor in Business or Successor in Business; C. Arising out of: 1. Bodily Injury, sickness, disease or death of any person; or 2. Physical injury, damage to or destruction of or loss of use of tangible property; This exclusion does not apply to mental illness, emotional distress or humiliation which results solely from Professional Services; D. Based on or arising out of any obligations for which an Insured or any carrier acting as their insurer may be liable under any workers' compensation, unemployment compensation, disability, retirement plan, pension or MLP 0001 06 11 Page 3 of 9 pension benefits law, or any similar laws, including but not limited to, the Employee Retirement Income Security Act of 1974, Public Law 93-406 (ERISA), or any of its amendments, or any other similar state or local law, or any non-qualified plan, while any Insured is acting as a fiduciary within the meaning of said laws. This exclusion shall not apply if an insured is deemed to be a fiduciary solely on the basis of rendering legal advice with respect to a particular employee benefit plan; E. Based on or caused by any Insured acting in the capacity of trustee or administrator of any kind of an employee benefit plan, pension, retirement, or profit sharing plan, or investment pool,fund or trust; F. Based on or arising out of Professional Services performed for any entity, other than the Named Insured, which at the time of the act, error or omission or Personal Injury giving rise to the Claim, was owned, controlled, managed or operated by any Insured. This exclusion shall not apply if at the time the Professional Services were rendered, the percentage of ownership in the entity, other than the Named Insured, by any Insured,their spouse, or a cumulation of Insureds, did not exceed 10%; G. Seeking restitution, reduction, disgorgement, set off, return, or payment of any form of legal fees, related fees, or any other costs, expenses, or charges; H. Made by an Insured against any other Insured; I. Based on or arising out of the alleged notarized certification or acknowledgement by any Insured of a signature on any document that the Insured did not witness being placed on the document; J. Based on or arising out of an Insured acting or serving as an elected or appointed public official or employee of any governmental agency, body or subdivision. However, this exclusion shall not apply to any Claim made by the Insured's client which arises solely and exclusively from the performance of Professional Services by an Insured to the governmental agency, body or subdivision; K. Solely based on actual or alleged sexual misconduct or sexual harassment. SECTION VII --DEFINITIONS When used in this policy (including endorsements forming a part of the policy), words in bold type have the following meanings: A. Alternative Dispute Resolution means the use of mediation or non-binding arbitration proceedings in which the Insured participates with the written consent of the Company. B. Bodily Injury means bodily harm, sickness, disease, emotional distress resulting in physical manifestation or death that results to any person. C. Claim means a demand for money, the filing of Suit or the institution of Alternate Dispute Resolution naming the Insured and alleging an act, error, omission or Personal Injury resulting from the rendering of or failure to render Professional Services. Claim also means knowledge by an Insured of any event or circumstance which could reasonably be expected to result in or lead to a Claim being asserted against an Insured, provided that the Insured gives the Company written notice of such event or circumstance prior to the termination date of the Policy Period, or within thirty (30)days thereafter, or during the Extended Reporting Period, if applicable. Claim does not include proceedings seeking injunctive or other non-pecuniary relief or that portion of a proceeding seeking monetary relief that seeks injunctive or other non-pecuniary relief. D. Claims Expenses means: 1. Fees charged by an attorney(s), arbitrators or mediators designated by the Company and all other fees, costs, and expenses resulting from the investigation, adjustment, defense and appeal of a Claim, Suit or proceeding arising in connection therewith, if incurred by the Company, or by an Insured with written MLP 0001 06 11 Page 4 of 9 consent of the Company, but does not include salary charges or expenses of regular employees or officials of the Company, or fees and expenses of independent adjusters; 2. All costs taxed against an Insured in such Suits, and all interest on the entire amount of any judgment which accrues after entry of the judgment and before the Company has paid, tendered or deposited, whether in court or otherwise, the part of the judgment which does not exceed the limit of the Company's liability; 3. Prejudgment interest which, when payable under this policy, will not exceed the limits of liability stated on the Declarations Page; or 4. Premiums on appeal bonds and premiums on bonds to release attachments in such Suits, but not premiums for bond amounts in excess of the applicable Limit of Liability of this policy. Notwithstanding the foregoing, the Company shall have no obligation to pay for or furnish any bond. E. Damages means compensatory judgments, settlements or awards, but does not include punitive or exemplary damages, fines or penalties, sanctions, the return of fees or other consideration paid to the Insured, or that portion of any award or judgment caused by the trebling or multiplication of actual damages under federal or state law. Damages does not include matters uninsurable in the jurisdiction governing this policy. However, if a Suit is brought against an Insured with respect to a Claim for alleged acts, errors or omissions falling within the scope of coverage afforded by this policy, and such Suit seeks both compensatory and punitive or exemplary damages, then the Company will afford a defense to such action without liability for payment of such punitive or exemplary damages. F. Insured means any person or organization qualifying as an Insured under SECTION II — PERSONS INSURED, of this policy. The insurance afforded applies separately to each Insured against whom a Claim is made or Suit is brought except with respect to the limit of the Company's liability. G. Named Insured means the person or organization named in Item 1. of the Declarations Page. H. Personal Injury means: 1. false arrest, detention or imprisonment, wrongful entry or eviction, other invasion of private occupancy, or malicious prosecution; or 2. the publication or utterance of a libel, slander or other defamatory or disparaging material, or a publication or an utterance in violation of an individual's right of privacy. I. Policy Period means the period from the inception date of this policy to the policy expiration date as set forth on the Declarations Page, or its earlier termination date, if applicable. J. Predecessor in Business means any law firm which has undergone dissolution and: 1. some or all of such firm's principals, owners, officers or partners have joined the Named Insured, provided such persons were responsible for producing in excess of 50% of the prior firm's annual gross revenues and such billings have been assigned or transferred to the Named Insured; or 2. at least 50% of the principals, owners, partners or officers of the prior firm have joined the Named Insured; or 3. The Insured has assumed 50% or greater of the prior firm's assets and liabilities. K. Professional Services means: 1. services performed or advice given by the Insured in the Insured's practice as a lawyer, arbitrator, mediator, or title agent; 2. services as a notary public; 3. services as a trustee, administrator, conservator, executor, guardian, receiver or in a similar fiduciary capacity except when any Insured is a beneficiary or distributee of any trust or estate serviced and the fee accruing from such work inures to the benefit of any Insured; 4. advice given or services performed in connection with any professional institute or any standards board or any other professional body whether or not it is performed on behalf of the Insured firm; or 5. services performed by the Insured in the course of an attorney-client relationship on behalf of one or more clients shall be deemed for the purpose of this section to be the performance of Professional Services for others in the Insured's capacity as an attorney, although such services could be performed wholly or in part by non-attorneys. MLP 0001 06 11 Page 5 of 9 Coverage for the above listed Professional Services shall also apply to Claims resulting from legal pro bono work, subject to the conditions and terms of this policy. L. Retroactive Date means the Retroactive Date as shown in the Declarations Page, or any endorsement attached hereto, on or after which any act, error or omission or Personal Injury must have occurred in order for any Claim arising therefrom to be covered under this policy. M. Successor in Business means, after dissolution of the Named Insured, any firm in which: 1. some or all of the principals, owners, officers or partners of the Named Insured have joined an existing, or formed a new firm, provided such persons were responsible for producing more than 50% of the Named Insured's annual gross revenues at the time of dissolution and such revenues have been assigned or transferred to the successor firm; or 2. at least 50% of the principals, owners, partners or officers of the Named Insured have joined an existing, or formed a new firm; or 3. at least 50% of the assets and liabilities of the Named Insured have been assumed. However, this policy does not apply if the Successor in Business is also an Insured under any similar insurance policy issued by the Company, regardless of such policy's exhaustion of its limits of liability. This coverage shall terminate at the earlier of policy termination or thirty (30) days from the date of dissolution of the Named Insured unless written notice is given to the Company, together with such information as the Company may request, and the Successor in Business shall pay any additional premium required in the event the Company agrees to continue the policy. N. Suit means a civil adjudicatory proceeding in a court of law. SECTION VIII --AUTOMATIC EXTENDED REPORTING and EXTENDED REPORTING OPTIONS A. Automatic Extended Reporting Period: In case of cancellation or non-renewal of this policy by the Named Insured or the Company, for any reason, an automatic thirty (30) extended reporting period, effective at the termination of the Policy Period, will be provided by the Company at no additional cost. This Automatic Extended Reporting Period shall extend the time in which an Insured can give written notice to the Company of Claims first made against the Insured during this Automatic Extended Reporting Period for any act, error, omission or Personal Injury in the rendering of or failure to render Professional Services which happen prior to the termination of the Policy Period, subject to its terms, limitations, exclusions and conditions. B. Extended Reporting Period Option: In the case of cancellation or nonrenewal of this policy by the Named Insured or the Company for any reason other than flat cancellation by the Company for nonpayment of premium or Deductible, or material misrepresentation by any Insured in the application for this policy, the Named Insured shall have the right to extend the time during which Claims can be reported for an additional premium of: 1. 100% of the full annual premium for this policy, by a period of twelve (12) months; or 2. 150% of the full annual premium for this policy, by a period of twenty-four(24) months; or 3. 185%of the full annual premium for this policy for thirty-six (36) months; or 4. 210%of the full annual premium for this policy, by a period of forty-eight(48) months; or 5. 225% of the full annual premium for this policy, by a period of sixty (60) months; following the effective date of such cancellation or non-renewal in which to give written notice to the Company of Claims first made against the Insured during this Extended Reporting Period for any act, error, omission or Personal Injury in the rendering of or failure to render Professional Services occurring prior to the termination of the final Policy Period, subject to its terms, limitations, exclusions and conditions. This right shall terminate, however, unless written notice of such election together with the additional premium is received by the Company or its authorized agent from the Named Insured within thirty (30) days after the effective date of cancellation or nonrenewal. MLP 0001 06 11 Page 6 of 9 The Named Insured's failure to remit any requisite Deductible within ten (10) days of receipt of such demand shall disqualify the Named Insured from being able to exercise the option to purchase an Extended Reporting Period endorsement. C. Termination of Any Extended Reporting Period Option: At the commencement of any Extended Reporting Period, the entire premium shall be deemed earned and the Company shall not be liable to return to the Insured any portion of the premium for any Extended Reporting Period. D. Miscellaneous The fact that the period during which Claims must be first made against the Insured under this policy is extended by virtue of any Extended Reporting Period shall not in any way increase the Limit of Liability of this policy. The Limit of Liability available under any Extended Reporting Period shall be part of,and not in addition to, the Limit of Liability available under the last policy issued to the Named Insured. Any Extended Reporting Period shall not extend the Policy Period. Furthermore, the Automatic Extended Reporting Period does not extend the time to purchase the Extended Reporting Period Option. The Deductible amount shown in Item 4. of the Declarations Page shall apply to any Extended Reporting Period. SECTION IX --GENERAL CONDITIONS A. Premium All premiums for this policy shall be computed in accordance with the Company's rules, rates, rating plans, premiums and minimum premiums applicable to this insurance. The Named Insured shall maintain records of the information necessary for premium computation and shall send copies of such records to the Company at such times as the Company may direct. B. Assistance and Cooperation of Insured All Insureds shall fully cooperate in the Company's investigation of any matter tendered under the policy, including submitting to a statement under oath when requested by the Company and shall fully cooperate with the Company in the defense of any claim made under this policy. Upon the Company's request, all Insureds shall assist in making settlements, in the conduct of Suits and in enforcing any right of contribution, subrogation or indemnity against any person, organization or other insurer which may be liable to the Insured or the Company for Damages or Claim Expenses. The Insured shall attend hearings and trials and assist in securing and giving evidence and obtaining the attendance of witnesses. No Insured shall, except at the Insured's own cost, voluntarily make any payments, assume any obligation or incur any expense. The Insured may provide for Alternative Dispute Resolution with a client under an engagement letter or any other written contract as long as such agreement is executed in writing prior to any Claim or potential Claim. The Insured will consent to the submission of special verdict forms or other written inquiries to the trier of fact for the purpose of determining the basis for the Insured's liability and any Damages awarded if Suit or any other proceeding is brought on the Claim. C. Assignment This policy may not be assigned without first obtaining the written consent of the Company. No Insured's rights under this policy are assignable. If any Insured shall die or be adjudged incompetent, this insurance shall terminate for such person, but shall cover the Insured's legal representative with respect to liability previously incurred and covered by this insurance. D. Legal Action Against The Company No action shall lie against the Company unless there shall have been full compliance with all of the terms and conditions of this policy, nor until the amount of the Insured's obligation to pay shall have been finally determined, either by judgment against the Insured or by written settlement agreement between the Insured and the claimant, entered into with the written consent of the Company. MLP 0001 06 11 Page 7 of 9 Nothing contained in this policy shall give any person or organization any right to join the Company as a co- defendant in any action against the Insured to determine the Insured's liability. Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any of its obligations hereunder. The Company will not be liable for Damages that are not payable under the terms of this Policy or that are in excess of the applicable limit of insurance. E. Conformity to Statute In the event that any terms, conditions or exclusions of this policy conflict with any law applicable to the coverage afforded hereunder, the terms of this contract shall, by this statement, be amended to conform to such law or laws. F. Other Insurance If there is other valid insurance (whether primary, excess, contingent or qualified self-insurance, including Extended Reporting Period coverage in the Insured's previous insurance)which may apply to a Claim covered by this policy, the insurance provided hereunder shall be deemed excess insurance over and above the applicable limit of all other insurance or qualified self-insurance. When this insurance is excess, the Company shall have no duty under this policy to defend any Claim or Suit that any other insurer or qualified self-insurer has a duty to defend. If such other insurer or self-insurer refuses to defend such Claim or Suit, the Company shall be entitled to the Insured's rights against all other insurers or qualified self-insurers for any Claims Expenses and Damages incurred by the Company. If a loss occurs involving two or more policies, each of which provides that its insurance shall be excess, each will contribute pro rata. G. Subrogation To the extent of any payment under this policy, the Company shall be subrogated to all the Insured's rights of recovery against any person, organization or entity, and all Insureds shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after any loss to prejudice or terminate such rights and shall fully cooperate with the Company. The Company shall not exercise any such rights against any persons, firms or companies included in the definition of Insured. Notwithstanding the foregoing, however, the Company reserves the right to exercise any rights of subrogation against an Insured in respect of any Claim brought about or contributed to by any dishonest, criminal, fraudulent, malicious or illegal acts or omissions. H. Cancellation This policy may be canceled by the Named Insured by surrender thereof to the Company or any of its authorized representatives or by mailing to the Company written notice stating when thereafter the cancellation shall be effective. The policy may be canceled by the Company by mailing to the Named Insured at the address shown in the policy written notice stating when not less than sixty (60) days thereafter, or ten (10) days in the case of nonpayment of premium or deductible, such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of the surrender or the effective date and hour of cancellation stated in the notice shall become the end of the Policy Period. Delivery of such written notice either by the Named Insured or by the Company shall be equivalent to such mailing. If either the Named Insured or the Company cancels, earned premium shall be the pro rated amount of the annual premium. Premium adjustment may be made at the time cancellation is effected and, if not then made, shall be made as soon as practicable after cancellation becomes effective. The Company's check or the check of its representative mailed as aforesaid shall be sufficient tender of any refund or premium due to the Named Insured, provided that if at the time of cancellation the policy limit for the indemnity period involved has been exhausted, the entire premium shall be considered earned. I. Nonrenewal The Company may nonrenew this policy by mailing or delivering to the Named Insured at the address stated in the Declarations Page written notice of nonrenewal at least sixty (60) days before the expiration date of this MLP 0001 06 11 Page 8 of 9 policy. The offer of renewal policy terms, conditions, or premium amount different than those in effect prior to renewal does not constitute nonrenewal. J. Changes The terms of this policy shall not be waived or changed except by endorsement issued to form a part of this policy. K. Bankruptcy or Insolvency of Insured Bankruptcy or insolvency of the Insured or of the Insured's estate shall not relieve the Company of any of its obligations under this policy. L. Deductible The Insured's obligation to pay the Deductible amount as a result of any single Claim shall not exceed the amount stated on the Declarations Page as Deductible for "each Claim". The Company's obligation to pay Damages and Claims Expenses on behalf of the Insured resulting from a Claim is in excess of the Deductible amount stated as "each Claim"on the Declarations Page. M. Declarations and Application By acceptance of this policy, all Insureds agree that the statements in the application are the Insureds' agreements and representations, that they shall be deemed material, that this policy is issued in reliance upon the truth of such representations and that this policy embodies all agreements existing between the Insureds and the Company relating to this insurance. The application, which is deemed attached, forms part of and is incorporated within the policy issued to the Insured. N. Reimbursement While the Company has no duty to do so, if the Company pays Damages or Claims Expenses: 1. Within the amount of the applicable Deductible; or 2. In excess of the applicable Limit of Liability; or 3. Under a reservation of rights to seek reimbursement, and it is determined that the Company is entitled to reimbursement, all Insureds shall be jointly and severally liable to the Company for such amounts. Upon written demand, the Insured shall repay such amounts to the Company within thirty (30)days. Failure to pay any amount indicated may lead to policy termination. 0. Notice Immediately upon any Insured becoming aware of any act, error, omission or Personal Injury in the rendering of or failure to render Professional Services which could reasonably be expected to be the basis of a Claim, written notice shall be given by the Insured, or its representatives, to the Company, together with the fullest information obtainable. If Claim is made or Suit is brought against any Insured, the Insured or its representatives shall immediately forward to the Company every demand, notice, summons or other process received by the Insured or the Insured's representative. MLP 0001 06 11 Page 9 of 9 Dear Valued Client: As a further benefit of your Markel insurance policy you have been enrolled as a member of the Premier Attorneys Purchasing Group, Inc. The purpose provide its member firms with high of the RPG is to quality e g q typrofessional liability insurance and innovative risk management material and assistance. The Pre Claim Hotline is administered by the renowned law firm of Hinshaw & Culbertson and provided at no charge to our policyholders. The essence of the Pre Claim Hotline is to avail our clients with a facility to discuss sensitive pre claim details on an actual lawyer/client basis. All matters are kept confidential and not reported or discussed with the insurer, broker or claims administrator. You may access the Pre Claim Hotline directly by phone by dialing 855-214-2633.