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
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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' _
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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
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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
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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
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THE POLICIES OF INSURANCE LISTED BELOW HAVE AEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NO TNTP[STANDiNG
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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
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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
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9631 N. Nevada St., #309
Spokane, WA 99218
(509)324-0640
INSURED
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559 Bay Street
Port Orchard, WA 98366
INSURERS AFFORDING COVERAGE
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DATE (MMIDO/YYYY1
04/11/2018
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Bremerton, WA 98337 IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE INBUREt. ITS AGENTS OR
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ACORD 25 (2009!01) ® 688-2009 ACORD CORPORA N..AN rights reserved.
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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
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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
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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.
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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.