Loading...
AG 23-004 - LAW OFFICE OF MICHAEL HARBESONRETURN TO: Pam Jones EXT: 2402 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Mayors Office 2. ORIGINATING STAFF PERSON: Pam Jones EXT: 2402 3. DATE REQ. f31'. 1015122 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT 9 PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL ❑ OTHER 5. PROJECT NAME: Conflict Public Defense Attorney Services 6. NAME OF CONTRACTOR: Law Office of Michael Harbeson ADDRESS: 105 W Main Avenue #B117, Puyallup, WA 98371 TELEPHONE 253-209-6366 E-MAIL-. harbesonlaw@gmail.com FAX: 253-2954955 SIGNATURE NAME: MiChael l-HarbeSOrl TITLE Owner 7_ EXHIBITS AND ATTACHMENTS: Z SCOPE, WORK OR SERVICES It COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: January 1, 2023 COMPLETION DATE: December 31, 2023 9. TOTAL COMPENSATION $ See exhibit'B" (INCLUDE EXPENSES AND SALES TAX, IF ANY) OF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ENO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ©YES 10NO IF YES, $ PAID BY. ❑ CONTRACTOR ❑CITY RETAINAGE: RETAINAGE AMOUNT: N/Z ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 001-1100-020-515.91-410 10_ DOCUMENT/CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER X DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW JRC 9127122 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS ❑ CREATE ELECTRONIC REMTNDER/NOTIFICATION FOR 1 MONTH PRIOR TO EXPIRATION DATE (Include dept. support staff if necessary and feel free to set notification more than a month in advance if council approval is needed.) INITIt1L / DATE SIGNED ❑ LAW DEPARTMENT ® SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ll ❑ ASSIGNED AG# AG# COMMENTS: 2/2017 [E7Y OF CITY HALL Federal Federal flay F8th Avenue South Federal Way, 1NA 98003-6325 (253) 835-7000 �vIvwci:yoffedel-alway corn PROFESSIONAL SERVICES AGREEMENT FOR CONFLICT PUBLIC DEFENSE ATTORNEY SERVICES This Professional Services Agreement ("Agreement") is made between the City of Federal Way, a Washington municipal corporation ("City"), and Law Office of Michael Harbeson, a Sole Proprietorship ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses: LAW OFFICE OF MICHAEL HARBESON: Michael Harbeson 105 W Main Avenue #B 117 Puyallup, WA 98371 (253) 209-6366 (telephone) (253) 295-4955 (facsimile) harbesonlaw ,gmail.com The Parties agree as follows: CITY OF FEDERAL WAY: Jim Ferrell, Mayor 33325 8th Ave S Federal Way, WA 98063-9718 (253) 253-835-2402 (telephone) (253) 253-835-2409 (facsimile) jim.ferrell@cityoffederalwa.y.com 1. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A," attached hereto and incorporated by this reference ("Services"), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be -subject, at all -times, to observation -and -inspection by and with approval -of -the City, but the -- making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or non- complying performance, its substantiality or the ease of its discovery. 2. 'PERM. The term of this Agreement shall be for the period commencing on January 1, 2023, and terminating on December 31, 2023 ("Term"). The Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. It is the intent of the City and the Contractor to create and ensure, if possible, continuity for future public defense services for the City. Therefore, on or before June 15, 2023, the City and Contractor shall meet to mutually explore the extension of this Agreement upon mutually acceptable terms and conditions. Provided, however, this willingness to discuss extension of the term of this Agreement and compensation for providing indigent defense services does not constitute a binding commitment or option to extend the term or revise compensation on part of either the City or the Contractor. 3. TERMINATION. 3.1 Prior to the expiration of the Tenn, this Agreement may be terminated with just cause by the City or the Contractor. Just cause shall be defined to mean the failure of either party to perform its obligations as described in this Agreement, including any violation of the Rules of Professional Conduct (as determined by the Washington State Bar Association) by any employee or agent of the Contractor, when such failure has not been corrected to the reasonable satisfaction of the City or Contractor, respectively, in a timely manner after notice of breach has been provided to the other party. Just cause shall include, and the City may terminate this Agreement immediately, if, as required by this contract, the Contractor, employee, or designee fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12. 3/2017 CITY OF CITY HALL Federaay 8th Avenue South Federal Way, 'JVA 98003-6325 (253) 835-7000 m,vw 6lyoffederalway cart 3.2 In the event of termination or upon completion of the Agreement, the Contractor shall continue to represent those clients who have already been assigned to the Contractor, including especially those cases currently set for trial; provided, however, that, after termination or completion of the Agreement, in the event of a conflict or significant dispute, pursuant to Court rules and the Rules of Professional Conduct, the Contractor may withdraw from a particular case by either notice of intent and motion to withdraw and by order of the Court; provided further, however, that the Contractor shall have no further obligation for any representation of indigent defendants beyond three (3) months from the date of termination, except for cases set for trial where the Court does not allow withdrawal or as otherwise ordered by the Court. In matters that are post sentencing, however, Contractor shall have no further obligation beyond six (6) weeks after termination or completion of the Agreement. 4. COMPENSATION. 4.1 Compensation. In return for the Services, the City shall pay the Contractor according to the methods and rates as delineated in Exhibit `B." The Contractor agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the term of this Agreement, unless modified in writing pursuant to the terms of this Agreement. Except as otherwise provided in Exhibit "B," the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. 4.2 Non -Appropriation. of Funds. If sufficient fiends are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies, except as provided in paragraph 3 for cases which the City elects not to dismiss after such non -appropriation and refusal of the Court to permit withdrawal. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, Contractors, and volunteers harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties expenses, Contractor's fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub -contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, Contractors, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties further acknowledge that they have mutually negotiated this waiver. 3/2017 CITY 4F Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 Wb%LV. cilyoi(edei-8/VVJy coil? 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub- contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, Contractor's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $500,000 for each occurrence and $500,000 general aggregate; b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage; d. Professional liability insurance with limits -no -less than $500,000 per -claim -and $500,000 policy -- aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Li�. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 6.3. Additional Instued Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential. Breach of confidentiality by the Contractor will be grounds for immediate termination. If the City notifies the Contractor of a public disclosure request, and the Contractor believes records are exempt from disclosure, it is the Contractor's responsibility to make determination and pursue a lawsuit under RCW 42.56.540 to 3/2017 clrr OF CITY HALL . Federal Way Feder l Avenue South Federal 1Nay, WA 98003-6325 (253) 835-7000 www olyoffederalway corn enjoin disclosure. The Contractor must obtain the injunction and serve it on the City before the close of business on the tenth business day after the City sent notification to the Contractor. It is the Contractor's discretionary decision whether to file the lawsuit. If the Contractor does not timely obtain and serve an injunction, the Contractor is deemed to have authorized releasing the record. If the City has notified the Contractor of a public disclosure request, and the Contractor has not obtained an injunction and served the City with that injunction by the close of business on the tenth business day after the City sent notice, the City will then disclose the record unless it makes an independent determination that the record is exempt from disclosure. Notwithstanding the above, the Contractor must not take any action that would affect (a) the City's ability to use goods and services provided under this Agreement or (b) the Contractor obligations under this Agreement. The Contractor will fully cooperate with the City in identifying and assembling records in case of any public disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Services shall belong to the City. All records submitted by the City to the Contractor will be safeguarded by the Contractor. Contractor shall make such data, documents, and files available to the City upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of -employment, nor to pay any -social security or other tax which -may -arise as an incident_ _ of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. The Contractor shall pay all income and other taxes due except as provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. Even though Contractor is an independent contractor, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure satisfactory completion. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; provided, however, that such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor 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 Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for 3/2017 CITY OF CITY HALL Federal ay Feder l Avenue South Federal Way, WA 98003-6325 V'aa,d _�' (253) 835-7000 mnv. crtyoffederalway coin training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI or VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non- discrimination. Any material violation of this provision shall be grounds for termination of this Agreement by the City and, in the case of the Contractor's breach, may result in ineligibility for further City agreements. 13. MATERIALS TO BE PROVIDED. The City shall provide to the Contractor at no cost to the Contractor or the defendant one (1) copy of all discoverable materials concerning each assigned case, including where relevant, a copy of the abstract of the defendant's driving record, with the exception of audio and video recordings which shall be made available for inspection in accordance with rules for discovery. A copy of 911 call recordings intended to be introduced at trial shall be provided by the City upon request. All documents will be delivered to the Contractor's office. The City shall provide the Contractor with a copy of the City of Federal Way Criminal Code and any amendments thereto adopted during the term of this Agreement. 14. STANDARDS FOR PUBLIC DEFENSE SERVICES. The Contractor shall comply with the standards for public defense Services pursuant to chapter 10.101 RCW, the Washington Supreme Court Orders on Public Defense Standards, and the Case Weighting System adopted by the City Council more specifically described in Exhibit "D." The Contractor shall certify to the Federal Way Municipal Court that the Contractor is in compliance with such standards. 15 REOPENER. The parties recognize that the Case Weighting System identified in Exhibit "D" may require adjustment throughout the term of this Contract which may necessitate additional discussions, or in the event that there are substantial changes to the law or practice of municipal criminal law, which materially affect the Contractor's ability to provide Services under this Agreement or the reasonableness of the terms of the Agreement, the Parties agree to reopen negotiations of this Agreement. 16. GENERAL PROVISIONS. 16.1 Interpretation.and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. The parties have participated and had an equal opportunity to participate in the drafting of this Agreement, and the Exhibits, if any, attached. No ambiguity shall be construed against any party upon a claim that that party drafted the ambiguous language. 16.2 Assi mment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 3/2017 CITY OF Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cilyoffederalway corn 16.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and City laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective; as well as the Rules of Professional Conduct adopted by the Washington State Bar Association. If a violation of the City's Ethics Resolution No. 91-54, as amended, occurs as a result of the formation and/or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 16.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and Contractor's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be -construed -to limit the-City's right -to -indemnification -under -Section 5-of this Agreement. - 16.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individuals are duly authorized to execute and deliver this Agreement on behalf of the Contractor or the City. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] 3/2017 Clry OF CITY HALL Federal Way Feder l Avenue South003 Federal Way, nu 980-6325 (253) 835-7000 www.cityoffederalp ay. coin IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: DATE: LAW OFFICE OF MICHAEL HARBESON: M Pi Title: DATE: STATE OF WASHINGTON ) ATTEST: qffi_6u� &av4x St hanie Courtney, CMC, 64 Clerk APPROVED AS TO FORM: aJ py� J. Ryan Call, City Attorney ss. COUNTY OF On this day personally appeared before me, j �, �iC,r , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN my hand and official seal this day of /�j���'�%'� 2( Psmels r Jo:Nourr9" of wh �m.F EXPWM D4M2W24 �n pumper 21013303 (typed/printed name .of notary) Notary Public in and for the. State of Washington. My commission exI ir:sl 3/2017 ALPS P.O. Box 9169, Missoula, MT 59807-9169 (800) 367-2577 1 (406) 728-3113 1 Fax: (406) 728-7416 www.alpsinsurance.com August 19, 2022 Mr. Michael E. Harbeson Law Office of Michael E. Harbeson 105 W Main Avenue, Suite B117 Puyallup, WA 98371 Dear Mr. Harbeson: I have enjoyed working with your firm over the past year to provide protection for your law firm. Enclosed you will find your professional liability insurance policy. You will also find the additional Cyber and/or EPLI policies you purchased. Please take a moment to review your policy information and let me know if you have any questions regarding coverage. As always, I am available to you at any time should you have questions or require more information about the other exclusive benefits available to ALPS policyholders, many of which can be accessed through your firm's Account Center. I encourage you to log into your ALPS Account Center at https://www.alpsinsurance.com/policy-login to review all of the features available to you. As a reminder, your Login is: HARBESONMIC. If you don't remember your password, click "Forgot Password" on the login page and it will be retrieved. Our claims department is comprised entirely of licensed attorneys who are here to assist you in the event of a claim or potential claim. If your firm becomes aware of facts or circumstances that may be the basis of a claim, you must notify ALPS in writing pursuant to the provisions of the policy. Early intervention may help resolve issues before they become full-fledged claims. Thank you again for continuing to choose ALPS as your firm's carrier. I look forward to working with you in the coming year. Please don't hesitate to call on me at any time if you have questions. Sincerely, Kelsey Clark Account Manager Authorized Representative ALPS Property & Casualty Insurance Company SLawyers Professional Liability Insurance Policy HOME OFFICE ADDRESS: 111 N. Higgins, Suite 600 Missoula, MT 59802 PHONE: (800) 367-2577 POLICY DECLARATIONS MAILING ADDRESS: PO Box 9169 Missoula, MT 59807-9169 NOTICE: THE POLICY IS A CLAIMS MADE AND REPORTED POLICY. NO COVERAGE EXISTS UNDER THE POLICY FOR A CLAIM WHICH IS FIRST MADE AGAINSTTHE INSURED OR FIRST REPORTED TO THE COMPANY BEFORE OR AFTER THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. PLEASE READ THE ENTIRE POLICY CAREFULLY. POLICY NUMBER: ALPS26536- 2 Item 1— Named Insured: Law Office of Michael E. Harbeson Address: 105 W Main Avenue, Suite B117 Puyallup, WA 98371 Item 2 — Retroactive Coverage Date: 08/11/2020 Item 3 — Name of Each Insured Attorney: Item 4—Policy Period: Harbeson, Michael E. Effective Date and Time: 08/11/2022 Expiration Date and Time: 08/11/2023 Item 5 —Limit of Liability: $ 1,000,000 Each Claim* $ 1,000,000 Aggregate Item 6—Deductible: $ 5,000 Each Claim* Item 7—Annual Premium; $1,241 at 12:01 AM at the address stated in Item 1. at 12:01 AM at the address stated in Item 1. Item 8 — Endorsements attached at inception of the policy form Premier (01-21). Signature Page WA Amendatory First Dollar Defense Endorsement Excluded Entity(s) * Important Notice: All Claims that arise out of or in connection with the same Professional Services or Interrelated Wrongful Acts, whenever made and without regard to the number of Claims, claimants, or implicated Insureds, shall be treated as a single Claim. All current and previously submitted application forms delivered to the Company are made a part of the Policy. The Named Insured may obtain a copy of all application forms by submitting a written request to the Company. Countersigned by: Authorized Representative Date: August_19, 2022 ALPS-DEC-LPL (01-18) Page 1 of 1 ALPS Lawyers Professional Liability Insurance Policy Named Insured: Law Office of Michael E. Harbeson Policy No: Effective Date: SIGNATURE PAGE ALPS26536-2 08/11/2022 IN WITNESS WHEREOF, ALPS Property & Casualty Insurance Company has caused this Policy to be executed and attested, but this Policy shall not be valid unless countersigned by a duly authorized representative of ALPS Property & Casualty Insurance Company. [David A. Bell, President] [Bradley D. Dantic, Secretary] ALPS LPL SIG (01-18) Page 1 of 1 tN&N&1' ALPS Lawyers Professional Liability Insurance Policy Endorsement FIRST DOLLAR DEFENSE ENDORSEMENT In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: SECTION 4 — DEDUCTIBLE, CLAIM EXPENSE ALLOWANCE, LIMIT OF LIABILITY, AND MULTIPLE CLAIMS Section 4.A.1. and Section 4.A.2. of the Policy are deleted in their entirety and replaced to read in their entirety as follows: A. DEDUCTIBLE 1. For each and every Claim covered by this Policy, the Named Insured shall pay all Damages up to the Deductible for each and every covered Claim. The Named Insured's payment of all Damages up to the Deductible for each and every covered Claim is a condition precedent to the Company's obligation to pay any Damages for each and every covered Claim. Each Insured shall be jointly and severally liable for such Damages in the event the Named Insured fails to make any required payment. The Company shall not have any obligation to pay Damages until after the Deductible is exhausted. If the Company pays any amount within the Deductible, the Named Insured and each Insured shall be jointly and severally liable to the Company for any and all such amounts paid by the Company and, on demand, shall promptly reimburse such amounts to the Company. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. LPL-END-FDD (01-21) Page 1 of 1 ALPS Lawyers Professional Liability insurance Policy Endorsement EXCLUDED ENTITY ENDORSEMENT In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: SECTION 3 -- EXCLUSIONS The following EXCLUSIONS are added to SECTION 3 - EXCLUSIONS to read in their entirety as follows: THIS POLICY DOES NOT APPLY TO ANY actual or potential Claim arising from a Wrongful Act in connection with Professional Services rendered or that should have been rendered by the Insured in regard to the Insured's relationship with or Professional Services rendered for and on behalf of, or rendered to, each EXCLUDED ENTITY identified below. FURTHER, THIS POLICY DOES NOT APPLY TO any actual or alleged facts, events, circumstances, transactions or matters relating to the EXCLUDED ENTITY described below, or derived from the same or substantially similar facts, events, circumstances, transactions or matters related to the EXCLUDED ENTITY described below. EXCLUDED ENTITY: Citv of Enumclaw of Bonnev Lake ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. LPL-END-X-ENT (01-18) Page 1 of 1 ALPS Lawyers Professional Liability Insurance Policy Endorsement WASHINGTON AMENDATORY ENDORSEMENT This Endorsement shall apply to and form a part of your Policy issued by ALPS Property &'Casualty Insurance Company (the "Company"). The effective date of this endorsement is the Effective Date of your Policy. In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: SECTION 1- INSURING AGREEMENTS The following sentence is added at the end of Section 1.6.2. of the Policy: The right to reimbursement of Claims Expenses will only apply to the costs the Company has incurred after the Company notifies the Insured in writing -that coverage might not exist under the Policy and that the Company is reserving the Company's right to terminate the defense or the payment of Claims Expenses and to seek reimbursement for Claims Expenses. Section 1.6.4. of the Policy is deleted in its entirety and replaced to read in its entirety as follows: 4. Where an Insured has a right or obligation to arbitrate a Claim, or receives a demand to arbitrate a Claim, neither the Company nor the Insured may elect arbitration without the mutual consent of both the Company and the Insured. SECTION 6 - GENERAL CONDITIONS The Section entitled "SUBROGATION" set forth in Section 6 of the Policy is deleted in its entirety and replaced to read in its entirety as follows: 1. To the extent of any payment under this Policy, the Company shall be subrogated to the Insured's rights of recovery against any person or organization after the Insured has been fully compensated under this Policy, and the Insured shall execute and deliver all instruments and papers and do whatever else may be necessary for the Company to secure such rights. 2. Any amount recovered after payment under this Policy shall be apportioned first to the Insured as indicated in the paragraph above and thereafter, in the inverse order of payment to the extent of actual payment. The expenses of all such recovery proceedings shall be apportioned in the same ratio as the recoveries. The Section entitled "CANCELLATION" set forth in Section 6 of the Policy is deleted in its entirety and replaced to read in its entirety as follows: CANCELLATION 1. This Policy may be cancelled by the Named Insured stated in the Declarations either by mailing or delivering written notice to the Company stating when the cancellation is to become effective. In the event the Named Insured cancels the Policy, the Company shall be entitled to retain the customary "short rate" portion of the premium. Except as otherwise provided, the Named Insured may cancel this Policy by notifying the Company or the insurance producer in one of the following ways: , (a) Written notice by mail, fax, or e-mail; (b) Surrender of the Policy or binder; or (c) Verbal notice. LPL -WA -SAE (01-21) Page 1 of 2 2. Upon receipt of such notice, the Company will cancel this Policy or any binder issued as evidence of coverage, effective on the later of the following: (a) The date on which notice is received or the Policy or binder is surrendered; or (b) The date of cancellation required by the Named Insured. If the Named Insured provides verbal notice of cancellation to the Company, the Named Insured must also provide written confirmation of cancellation to the Company. The effective date of cancellation shall be the date of cancellation verbally requested by the Named Insured. 3. This Policy may be cancelled by the Company by delivering or mailing to the Named Insured, and any other person shown by the Policy to have an interest in any loss which may occur thereunder, at the principal address shown in the Declarations, written notice of cancellation, stating the reason for cancellation at least ten (10) days before the effective date of cancellation for nonpayment of premium and forty-five (45) days before the effective date of cancellation for all other reasons. A copy of the notice shall be provided within five (5) working days to the agent on the account or to the broker of record for the Named Insured. The effective date of cancellation shall become the end of the Policy Period. Delivery of such notice shall be equivalent to mailing. Proof of mailing shall be considered sufficient proof of notice. 4. In the event the Company cancels this Policy for any reason, it will compute earned premium on a pro rota basis. The Company may make any resultant premium adjustments at the time cancellation is effective, or as soon thereafter as is practicable. However, the payment or tender of unearned premium is not a condition of or a prerequisite to cancellation of the Policy. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. LPL -WA -SAE (01-21) Page 2 of 2 ALPS&A HOME OFFICE ADDRESS: 111 N. Higgins, Suite 600 Missoula, MT 59802 PHONE: (800) 367-2577 EMPLOYMENT PRACTICES LIABILITY INSURANCE POLICY DECLARATIONS MAILING ADDRESS: PO Box 9169 Missoula, MT 59807-9169 NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY, NO COVERAGE EXISTS UNDER THE POLICY FOR A CLAIM WHICH IS FIRST MADE AGAINSTTHE INSURED OR FIRST REPORTED TO THE COMPANY BEFORE OR AFTER THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. PLEASE READ THE POLICY CAREFULLY AND DISCUSS THE COVERAGE UNDER THE POLICY WITH YOUR INSURANCE ADVISOR. POLICY NUMBER: EPLI26536- 2 Item 1. NAMED INSURED: Law Office of Michael E. Harbeson (❑ ) Individual (❑ ) Partnership (❑ ) Corporation (❑) Association ( 10 ) Other Item 2. POLICY PERIOD: 08/11/2022 - 08/11/2023 at 12:01AM. (Standard Time at YOUR address shown below). Item 3. ADDRESS: 105 W Main Avenue, Suite B117 Puyallup, WA 98371 ' Item 4. LIMIT OF LIABILITY (INCLUDES COST OF DEFENSE): a) Each Insured Event Limit $100,000 b) Aggregate Limit of Liability $100,000 Item 5. SELF INSURED RETENTION (INCLUDES COST OF DEFENSE): Any One Insured Event $5,000 Item 6. PRIOR KNOWLEDGE DATE: 08/11/2020 Item 7. RETROACTIVE DATE: 08/11/2020 Item 8 PREMIUM: $70 Item 9 Endorsements Effective At Inception for EPL (01-18): ALPS-END-NUC (01-18) — Nuclear Incident Exclusion ALPS-END-RAD (01-18) — Radioactive Contamination Exclusion ALPS SIG (01-18) EPL-END-WA-SAE (02-18) All current and previously submitted application forms delivered to the Company are made a part of the policy. The Named Insured may obtain a copy of all application forms by submitting a written request to the Company. Countersigned by: _ -c Date: August 19, 2022 Authorized Representative ALPS DEC EPL (01-18) Page 1 of 1 A Property & Casualty Insurance Company Named Insured: Law Office of Michael E. Harbeson Policy No. Effective Date: SIGNATURE PAGE EPLI26536- 2 08/11/2022 IN WITNESS WHEREOF, ALPS Property & Casualty Insurance Company has caused this Policy to be executed and attested, but this Policy shall not be valid unless countersigned by a duly authorized representative of ALPS Property & Casualty Insurance Company. [David A. Bell, President] [ 1 [Bradley D. Dantic, Secretary] ALPS SIG (01-18) Page 1 of 1 4N" ALPS Property & Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR INCIDENT EXCLUSION CLAUSE -LIABILITY -DIRECT (BROAD) (U.S.A.) For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone: This Poky* does not apply: I. Under any Liability Coverage, to injury, sickness, disease, death or destruction: (a) with respect to which an insured under the 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 (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) 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. II. Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if: (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) 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 ALPS-END-NUC (01-18) Page 1 of 3 t.tIlt• ALPS Property & Casualty Insurance Company (c) the injury, sickness, disease, death or destruction 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 (c) applies only to injury to or destruction of property at such nuclear facility. IV. 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 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 included 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 anytime 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 ALPS-END-NUC (01-18) Page 2 of 3 SProperty & Casualty Insurance Company or to contain a critical mass of fissionable material. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached. * NOTE: As respects policies which afford liability coverages and other forms of coverage in addition, the words underlined should be amended to designate the liability coverage to which this clause is to apply. ALPs-END-NUC (01-18) Page 3 of 3 ANON'r, ALPS Property & Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE - LIABILITY -DIRECT (U.S.A.) For attachment (in addition to the appropriate Nuclear Incident Exclusion Clause -Liability -Direct) to liability insurances affording worldwide coverage. In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Rico or the Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear fuel. ALPS-END-RAD (01-18) WASHINGTON AMENDATORY ENDORSEMENT This Endorsement shall apply to and form a part of your Policy issued by ALPS Property & Casualty Insurance Company. The effective date of this Endorsement is the effective date of your Policy. In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: The second full paragraph of the Policy is hereby deleted in its entirety and replaced by the following: The consideration for our issuing this Policy is the payment of Premium. In issuing the Policy, we have relied upon all statements made to us in any attachments and all other information provided to us. The attachments are incorporated herein and form a part of this Policy. DEFINITIONS Section. A. is hereby deleted in its entirety. Ill. WHEN COVERAGE IS PROVIDED Section D.2. is deleted in its entirety and replaced with the following: 2. We cancel or rescind the Policy for misrepresentation in any submission to us; Vill. CONDITIONS Section F. Cancellation or Non -Renewal, is deleted in its entirety and replaced with the following: F. Cancellation or Non -Renewal The Named Insured may cancel this Policy at any time by surrendering this Policy to us or by mailing,to us written notice stating when such cancellation shall be effective. In the event the Named Insured cancels the Policy, we shall be entitled to retain the customary "short rate" portion of the premium. Except as otherwise provided, the Named Insured may cancel this Policy by notifying us or the insurance producer in one of the following ways: 1) Written notice by mail, fax, or e-mail; 2) Surrender of the Policy or binder; or 3) Verbal notice. Upon receipt of such notice, we will cancel this Policy or any binder issued as evidence of coverage, effective on the later of the following: 1) The date on which notice is received or the Policy or binder is surrendered; or 2) The date of cancellation required by the Named Insured. If the Named Insured provides verbal notice of cancellation to us, the Named Insured must also provide written confirmation of cancellation to us. The effective date of cancellation shall be the date of cancellation verbally requested by the Named Insured. EPL-END-WA-SAE (02-18) Page 1 of 2 This Policy may be cancelled by us by delivering or mailing to the Named Insured, and any other person shown by the Policy to have an interest in any loss which may occur thereunder, at the principal address shown in the Declarations of this Policy, written notice of cancellation, stating the reason for cancellation at least ten (10) days before the effective date of cancellation for nonpayment of premium and forty-five (45) days before the effective date of cancellation for all other reasons. A copy of the notice shall be provided within five (5) working days to the agent on the account or to the broker of record for the Named Insured. The effective date of cancellation shall become the end of the Policy Period. Delivery of such notice shall be equivalent to mailing. Proof of mailing shall be considered sufficient proof of notice. If we cancel, earned Premium shall be computed pro rata. Premium adjustment may be made at the time cancellation becomes effective, but payment or tender of unearned Premium is not a condition of cancellation. Should we decide to nonrenew this Policy, we shall mail or deliver written notice to the Named Insured, and any other person shown by the Policy to have an interest in any loss which may occur thereunder, at the principal address shown in the Declarations of this Policy at least forty-five (45) days before the end of the Policy Period. The notice shall include the reason for nonrenewal. A copy of the notice shall be provided within five (5) working days to the agent on the account or to the broker of record for the Named Insured. Section H. Transfer of Rights of Recovery Against Others to Us, is deleted in its entirety and replaced with the following: H. Transfer Of Rights Of Recovery Against Others to Us To the extent of any payment under this Policy, we shall be subrogated to the Insured's rights of recovery against any person or organization after the Insured -has -been -fully compensated- nderthis Policy, and -the Insured shall execute and deliver all instruments and papers and do whatever else may be necessary to secure such rights. Any amount recovered after payment under this Policy shall be apportioned first to the Insured as indicated in the paragraph above and thereafter, in the inverse order of payment to the extent of actual payment. The expenses of all such recovery proceedings shall be apportioned in the same ratio as the recoveries. Section X. Entire Contract, is deleted in its entirety and replaced with the following: This Policy, including any signed endorsements hereto, embodies all agreements existing between the Named Insured and us to the insurance provided hereunder. ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. EPL-END-WA-SAE (02-18) Page 2 of 2 HOME OFFICE ADDRESS: 111 N. Higgins, Suite 600 Missoula, MT 59802 PHONE: (800)367-2577 POLICY DECLARATIONS MAILING ADDRESS: PO Box 9169 Missoula, MT 59807-9169 NOTICE: THIS IS A CLAIMS MADE AND REPORTED POLICY. NO COVERAGE EXISTS UNDER THE POLICY FOR A CLAIM, WHICH IS FIRST MADE AGAINST THE INSURED OR FIRST REPORTED TO US BEFORE OR AFTER THE POLICY PERIOD OR ANY APPLICABLE EXTENDED REPORTING PERIOD. INSURING AGREEMENTS 1., 3., 4. AND 5. SET FORTH IN SECTION I OF THIS POLICY PROVIDE COVERAGE ON A CLAIMS MADE AND REPORTED BASIS AND APPLY ONLY TO "CLAIMS" FIRST MADE AGAINST THE INSURED DURING THE POLICY PERIOD OR OPTIONAL EXTENSION PERIOD, IF APPLICABLE, AND FIRST REPORTED TO US DURING THE POLICY PERIOD OR AS OTHERWISE PROVIDED IN SECTION VII. AMOUNTS INCURRED AS "CLAIMS EXPENSES" UNDER THIS POLICY SHALL REDUCE AND MAY EXHAUSTTHE LIMIT OF LIABILITY AND ARE SUBJECT TO RETENTIONS. INSURING AGREEMENTS 2., 6., 7.,8., 9. AND 10. SET FORTH IN SECTION I OF THIS POLICY PROVIDE FIRST PARTY COVERAGE ON AN INCIDENT DISCOVERED AND REPORTED BASIS AND APPLY ONLY TO INCIDENTS FIRST DISCOVERED BY THE INSURED AND FIRST REPORTED TO THE UNDERWRITERS DURING THE "POLICY PERIOD". Policy Number: CYBR26536- 2 Item 1. Named Insured: Law Office of Michael E. Harbeson Address: 105 W Main Avenue, Suite B117 Puyallup, WA 98371 Item 2. Policy Period: From: 08/11/2022 To: --08/-11/2023 Both dates at 12:01 a.m. Local Time at the Address stated in Item 1. Item 3. Policy Aggregate Limit of Liability for all Insuring Agreements, but subject to the applicable aggregate sublimits of liability listed below: $100,000 Applicable Aggregate Sublimit of Liability for Insuring Agreement: 1. Information Security and Privacy Liability $100,000 3. Regulatory Defense & Penalties $50,000 4. Website Media and Content Liability $100,000 5. PCI Fines, Expenses and Costs $5,000 6. Cyber Extortion $50,000 7. First Party Data Protection $10,000 8. First Party Network Business Interruption $10,000 9. Fraudulent Instruction $10,000 10. Electronic Crime $10,000 Note: All sublimity of liability are part of, and not in addition to, the Policy Aggregate Limit of Liability Liability Retention Per "Claim", Incident, or Loss for Insuring Agreement: 6. Cyber Extortion $2,500 each Extortion Threat 7. First Party Data Protection $2,500 each Date Protection Loss 8. First Party Network Business Interruption Greater of $2,500 or income loss during 12 hour waiting period 9. Fraudulent Instruction $2,500 each Loss ALPS DEC CYBER (01-18) Page 1 of 2 ALP 10. Electronic Crime $2,500 each Loss All other Insuring Agreements No Retention Limit of Liability for Insuring Agreement 2 - Privacy Breach Response Services: "Computer Expert Services", "Legal Services" and "Public Relations and Crisis Management Expenses" $50,000 per Incident and in Aggregate Notified Individuals - "Notification Services", "Call Center Services" and `Breach Resolution and Mitigation Services" $10,000 Individuals in Aggregate Retention for Insuring Agreement 2 - Privacy Breach Response Services: "Computer Expert Services", "Legal Services" and "Public Relations and Crisis Management Expenses": $ 0 each Incident Notified Individuals Threshold: $0 Notified Individuals Item 4. Premium: (plus applicable taxes and fees). $50.00 Item 5. Retroactive Date: 08/11/2020 Item 6. Extended Reporting Period: Premium for Extended Reporting Period: 100% of the premium for the Policy - - - -- Length'of Extended Reporting Period: 1 Year Item 7. Endorsements Effective At Inception for CYBER (01-18): ALPS-END-NUC (01-18) —Nuclear Incident Exclusion ALPS-END-RAD (01-18) — Radioactive Contamination Exclusion ALPS SIG (01-18) CYBER-END-WA-SAE (01-18) NOTICE: All current and previously submitted application forms delivered to the Underwriters are made a part of the Policy. The Named Insured may obtain a copy of all application forms by submitting a written request to the Underwriters. Countersigned by: Authorized Representative Date: August 19, 2022 ALPS DEC CYBER (01-18) Page 2 of 2 16N" ALPS Property & Casualty Insurance Company Named Insured: Law Office of Michael E. Harbeson Policy No. Effective Date: SIGNATURE PAGE CYBR26536- 2 O8/11/2022 IN WITNESS WHEREOF, ALPS Property & Casualty Insurance Company has caused this Policy to be executed and attested, but this Policy shall not be valid unless countersigned by a duly authorized representative of ALPS Property & Casualty Insurance Company. [David A. Bell, President] �" In E6.� [Bradley D. Dantic, Secretary] ALPS SIG (01-18) Page 1 of 1 A4141� ALP5 Property & Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR INCIDENT EXCLUSION CLAUSE -LIABILITY -DIRECT (BROAD) (U.S.A.) For attachment to insurances of the following classifications in the U.S.A., its Territories and Possessions, Puerto Rico and the Canal Zone: This -Policy* does not apply: Under any Liability Coverage, to injury, sickness, disease, death or destruction. (a) with respect to which an insured under the 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 (b) resulting from the hazardous properties of nuclear material and with respect to which (1) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof, or (2) 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. Il. Under any Medical Payments Coverage, or under any Supplementary Payments Provision relating to immediate medical or surgical relief, to expenses incurred with respect to bodily injury, sickness, disease or death resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. III. Under any Liability Coverage, to injury, sickness, disease, death or destruction resulting from the hazardous properties of nuclear material, if: (a) the nuclear material (1) is at any nuclear facility owned by, or operated by or on behalf of, an insured or (2) has been discharged or dispersed therefrom; (b) 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 ALPS-END-NUC (01-18) Page 1 of 3 e,dNt• ALPS Property & Casualty Insurance Company (c) the injury, sickness, disease, death or destruction 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 (c) applies only to injury to or destruction of property at such nuclear facility. IV. 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 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 included within th_e-clefinition_of-nuclear _facility -under peragraph_(_a)_or(b)_theneof;_ "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 ALPS-END-NUC (01-18) Page 2 of 3 IN&t• ALP3 Property & Casualty Insurance Company or to contain a critical mass of fissionable material. With respect to injury to or destruction of property, the word "injury" or "destruction" includes all forms of radioactive contamination of property. It is understood and agreed that, except as specifically provided in the foregoing to the contrary, this clause is subject to the terms, exclusions, conditions and limitations of the Policy to which it is attached. * NOTE: As respects policies which afford liability coverages and other forms of coverage in addition, the words underlined should be amended to designate the liability coverage to which this clause is to apply. ALPS-END-NUC (01-18) Page 3 of 3 ALPSA-46&1 Property & Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE CONTAMINATION EXCLUSION CLAUSE - LIABILITY -DIRECT (U.S.A.) For attachment (in addition to -the appropriate Nuclear Incident Exclusion Clause -Liability -Direct) to liability insurances affording worldwide coverage. In relation to liability arising outside the U.S.A., its Territories or Possessions, Puerto Rico or the Canal Zone, this Policy does not cover any liability of whatsoever nature directly or indirectly caused by or contributed to by or arising from ionising radiations or contamination by radioactivity from any nuclear fuel or from any nuclear waste from the combustion of nuclear, fuel. ALPS-END-RAD (01-18) WASFIINGTON AMENDATORY ENDORSEMENT This Endorsement shall apply to and form a part of your Policy issued by ALPS Property & Casualty Insurance Company. The effective date of this Endorsement is the effective date of your Policy. In consideration of the premium paid, it is understood and agreed that the Policy is amended as follows: SECTION IV. EXCLUSIONS Paragraph 12. of Section IV. EXCLUSIONS is deleted in its entirety and replaced with the following: 12. Arising out of or resulting from any criminal, dishonest, fraudulent, or malicious act, error or omission, any intentional "security breach", intentional violation of a "privacy policy", or intentional or knowing violation of the law, if committed by such insured, or by others if the insured colluded or participated in any such conduct or activity; provided this Policy shall apply to "claims expenses" incurred in defending any such "claim" alleging the foregoing until such time as there is a final adjudication, judgment, binding arbitration decision or conviction against the insured, or written admission by the insured, establishing such conduct, or a plea of polo contendere or no contest regarding such conduct, at which time the "named insured" shall reimburse us for all "claims expenses" incurred defending the "claim" and we shall have no further liability for "claims expenses". The right to reimbursement of "claims expenses" will only apply to the costs we have incurred after we notify the insured in writing that there may not be coverage and that we are reserving our right to terminate the defense or the payment of "claims expenses" and to seek reimbursement for "claims expenses". Provided further, that whenever coverage under this Insurance would be excluded, suspended or lost because of this exclusion relating to acts or violations by any insured, and with respect to which any other insured did not personally commit or personally participate in committing or personally acquiesce in or remain passive after -having -personal knowledge_thereo�_then we agree that such -insurance -as -would otherwise be afforded under this Policy shall cover and be paid with respect to those insureds who did not personally commit or personally participate in committing or personally acquiesce in or remain passive after having personal knowledge of one or more of the acts, errors or omissions described in above; however this exception to this exclusion is inapplicable to any "claim" or circumstance that could reasonably be the basis of a "claim" against the "insured organization" arising from acts, errors or omissions known to any present or former member of the "control group". Section XXI - SUBROGATION, is deleted in its entirety and replaced with the following: XXI - SUBROGATION To the extent of any payment under this Policy, we shall be subrogated to the insured's rights of recovery against any person or organization after the insured has been fully compensated under this Policy, and the insured shall execute and deliver all instruments and papers and do whatever else may be necessary to secure such rights. Any amount recovered after payment under this Policy shall be apportioned first to the insured as indicated in the paragraph above and thereafter, in the inverse order of payment to the extent of actual payment. The expenses of all such recovery proceedings shall be apportioned in the same ratio as the recoveries. Section XIV — CANCELLATION AND NON -RENEWAL, is deleted in its entirety and replaced with the following: XIV — CANCELLATION AND NON -RENEWAL 1. This Policy may be cancelled by the "named insured" at any time by surrender thereof to us or by mailing or delivering to us written notice stating when the cancellation shall be effective. CYBER-END-WA-SAE (01/18) Page 1 of 2 2. Except as otherwise provided, the "named insured" may cancel this Policy by notifying us or the insurance producer in one of the following ways: A. Written notice by mail, fax, or e-mail; B. Surrender of the Policy or binder; or C. Verbal notice. Upon receipt of such notice, we will cancel this Policy or any binder issued as evidence of coverage, effective on the later of the following: A. The date on which notice is received or the Policy or binder is surrendered; or B. The date of cancellation required by the "named insured". If the "named insured" provides verbal notice of cancellation to us, the "named insured must also provide written confirmation of cancellation to us. The effective date of cancellation shall be the date of cancellation verbally requested by the named insured". 3. This Policy may be cancelled by us by delivering or mailing to the "named insured", and any other person shown by the Policy to have an interest in any loss which may occur thereunder, at the address shown in the "Policy Declarations", written notice of cancellation, stating the reason for cancellation at least ten (10) days before the effective date of cancellation for nonpayment of premium and forty-five (45) days before the effective date of cancellation for all other reasons: A copy of the notice shall be provided within five (5) working days to the agent on the account or to the broker of record for the "named insured". The effective date of cancellation shall become the end of the "policy period". Delivery of such notice shall be equivalent to mailing. Proof of mailing shall be considered sufficient proof of notice. 4. If the "named insured" cancels this Policy, the earned premium shall be computed in accordance with the customary short rate tables and procedures. If we cancel, earned premium shall be computed pro rata. Premium adjustment may be made at the time cancellation becomes effective, but payment or tender of unearned premium is not a condition of cancellation. 5. Should we decide to nonrenew this Policy, we shall mail or deliver written notice to the "named insured", and any other person shown by the Policy to have an interest in any loss which may occur thereunder, at the address shown in the "Policy Declarations" at least forty-five (45) days before the end of the "policy period". The notice shall include the reason for nonrenewal. A copy of the notice shall be provided within five (5) working days to the agent. on the account or to the broker of record for the "named insured". ALL OTHER TERMS, CONDITIONS AND EXCLUSIONS REMAIN UNCHANGED. CYBER-END-WA-SAE (01/18) Page 2 of 2