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AG 21-161 - VALLEY DEFENDERS, PLLC
II RETURN TO: Pam .tones EXT: 2402 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: Mayor's Office 2. ORIGINATING STAFF PERSON: Pam Jones EXT: 2402 3. DATE REQ. BY. 10/30/21 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT * 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: valley Defenders, PLLC ADDRESS: 2700 Richards Road, Suite 202, Bellevue, WA 98005 TELEPHONE 425-657-0794 E-MAIL: whitney@valleydefenders.com FAX: 425-677-7043 SIGNATURE NAME: Whitney Gardener TITLE Owner 7. EXHIBITS AND ATTACHMENTS: A SCOPE, WORK OR SERVICES 2 COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 12/1/21 9 COMPLETION DATE: 12/31/22 TOTAL COMPENSATION $ Contractor paid per case - See Exhibit "B" (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE -ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ® NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ®YES IDNO IF YES, $ PAID BY. ❑ CONTRACTOR ❑ CITY RETAINAGE: RETAINAGE AMOUNT: NSA ❑ RETAINAGE AGREEMENT (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDEI ❑ PURCHASING: PLEASE CHARGE TO: 001-1100-020-515-91-410 10. DOCUMENT/CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED jrc 10/19/2021 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 REMINDER/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.) INITIAL/ HATE SIGNED ❑ I AW DEPARTMENT 7�0 SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# AG# COMMENTS: ` Clrr OF CITY HALL Fe d e ra I Way 33325 Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ciryoffederalway com 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, Valley Defenders, PLLC, a Professional Limited Liability Company ("Contractor"). The City and Contractor (together "Parties") are located and do business at the below addresses: VALLEY DEFENDERS, PLLC: Whitney Gardener 2700 Richards Road, Suite 202 Bellevue, WA 98005 (425) 657-0794 (telephone) (425) 677-7043 (facsimile) whitney@valleydefenders.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) j im. ferrell(a), cityoffederalway. 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. TERM. The term of this Agreement shall be for the period commencing on November 1, 2021, and terminating on December 31, 2022 ("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, 2022, 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 Term, 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 I � 33325 8th Avenue South 1� Fe d e ra ay Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com 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 funds 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. 5. 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 OF CITY HALL Federal Way Feder l Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ci[yoffederalway com 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 Liability. 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 Insured, 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 ` CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ciryoffederalway com 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 Fe d e ra I Way Feder l Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ciryoffederalway com 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 InteEpretation 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 Assignment 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 CITY HALL Federal Way Feder l Avenue South Federal Way. WA 98003-6325 (253) 835-7000 wmw cifyoffederalway com 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 CITY OF CITY HALL Federal Wa8th Avenue South � Federal Way, WA 98003-6325 (253) 835-7000 wwwcayoftedern way.com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. CITY OF FEDERAL WAY: ATTEST: By: t4 -i Jim r 1, Mayor St han e Courtney, CMC, City 1 rk APPROVED AS TO FORM: DATE: I VALLEY DEFENDERS, PLLC: LN Printed Title: o- ��V�A V DATE: 'I alP STATE OF WASHINGTON ) ss. COUNTY OF 1<j 0 c5- (X eA� J. Ryan Call, City Attorney On this day personally appeared before me, W 4 L17-N &PVZJ>N , 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 `■����N��NIi141! i Qi +OTA,*X rr ■ " 17164 4f/ 7� "q +'+��?Z �? rr'r' �Q �z �Nkuil�rv�r G _ '76 day of ©Ci�t-6=`f , 20r4 7jDAaPAA4?A A L (. (typed/printed nam otary) Notary Public in and for the State of Washington. My commission expires_ 3 - ZZ - zL/ 3/2017 ` Clry of CITY HALL Federal Inlay Feder l Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com EXHIBIT "A" SERVICES Contractor shall provide the following Services in compliance with Chapter 10.101 RCW and the Rules of Professional Conduct ("Services"): 1. Scope of Services. The Contractor will provide legal representation on the criminal matters referred for each of these defendants from appointment through trial, sentencing, and post -conviction review. Cases will be referred based on a conflict with the primary public defender. Cases will include indigent criminal defendants who are: (a) determined to be eligible by the Court; and (b) charged with violations of State law or City ordinances committed within the City of Federal Way as appointed to the Contractor, except as provided in section 4 of this Exhibit. Contractor shall be responsible for each case from the time of assignment until final sentencing, dismissal, issuance of mandate at the conclusion of all appeals, or the conclusion of any scheduled post -sentencing matter, whichever is latest; provided however, that the Contractor shall not be responsible for a case if required to withdraw by the Rules of Professional Conduct, or if the defendant in a case is determined to no longer be eligible to receive public defender services. If the matter is resolved through a Pretrial disposition, such as a Deferred Prosecution per RCW 10.05 or a Stipulated Order of Continuance agreement, then the Contractor shall be responsible until the court ordered treatment and review hearings have been completed. The Contractor will provide representation at in -custody hearings to criminal defendants and in -custody witnesses as appointed. The Contractor will be available to talk and meet with appointed clients in the SCORE jail, the King County jail, or other facility used by the City within thirty (30) miles of the City of Federal Way. The Contractor's caseload for Federal Way is set forth in the Case Weighting System in Exhibit "D." 2. Screening. Determination of indigence for eligibility for appointed counsel under this Agreement shall be determined by an independent screening process established by the City or by the Municipal Court Judge. Such appointments shall be in accordance with State law. The City shall be responsible for the costs of and handling the screening process. Should the Contractor determine at any time a defendant is not eligible for assigned counsel; the Contractor shall so inform the Court and move to withdraw from the case. 3. Case. Case means all charges or allegations arising from the same incident. An individual charged with several charges arising from one incident would be counted as one incident if written as one or more causes. Each case that the Contractor is appointed and files a notice of appearance constitutes one "case," regardless of any subsequent withdrawal and reappointment, for purposes of compensation to be paid to the Contractor pursuant to Exhibit `B" of this Agreement; except that cases appeared on and then withdrawn from because of a conflict or because a defendant is found not be indigent are not considered cases. 4. Client Contact. The Contractor will attempt to initiate contact with assigned clients within 24 hours of assignment. The Contractor will provide their clients with contact information for availability during office hours. The Contractor will also return client phone calls or other attempts to contact the Contractor within 48 hours, excluding weekends and holidays. Each assigned case should be reviewed and an opportunity to discuss the case must be provided for each defendant prior to the first post -arraignment appearance in court. 3/2017 CITY OF CITY HALL Federal Way Feder l Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www ciryoffederalway com 5. Removal. Any violation of the Rules of Professional Conduct, as determined by the Washington State Bar Association, or failure to certify compliance with the Public Defense Standards by any Contractor employee or designee will be cause for removal of that employee or designee from appearance in Federal Way courts and/or contract termination. 6. Conflicts. Contractor may notify the court and request to be withdrawn from a case where any member of its firm has a conflict of interest as defined in the Rules of Professional Conduct. The Contractor shall maintain a written policy explaining how conflict of interest is defined, and identify conflicts as quickly as possible. A defendant from whom the Contractor withdraws from representation of based on a conflict shall be referred to the court for reassignment to a conflict. attorney at no cost to the Contractor. No payment will be made to the Contractor for work they performed on cases subsequently identified as conflicts. If a conflict is created and a conflict attorney is appointed by the Court due to the conduct of the Contractor or designee, then the Contractor may be billed to reimburse the City the cost expended to provide conflict attorney. 7. Bar Complaints. The Contractor will immediately notify the City in writing when he/she becomes aware that a complaint has been lodged with the Washington State Bar Association of any attorney who is a member of the Contractor's staff or working for the Contractor. 8. Associated Counsel. Contractor shall notify the City of any counsel or intern employed or contracted with by the Contractor. All such counsel or interns shall agree to abide by the standards and terms of this Agreement. Any counsel employed by the Contractor shall have the authority to perform the Services. The Contractor may employ outside associated counsel to assist at the Contractor's expense; provided however, that Contractor agrees to provide a copy of the agreement contained in this Agreement. The Contractor and all associated counsel hired pursuant to this Section shall be admitted to the practice in the State of Washington pursuant to the rules of the Supreme Court of the State of Washington. The Parties understand the Contractor may subcontract for defense arraignment Services for defendants while in custody in the King County Jail, SCORE jail, or other facility used by the City within thirty (30) miles of the City of Federal Way. Legal interns may be used only in accordance with Washington State Practice Guidelines and only if properly supervised by the Contractor. 9. Training. Ongoing professional training is a necessity. Standard 14. LG of the Washington Supreme Court Order requires seven hours of continuing legal education within each calendar year in courses relating to public defense. 3/2017 CITY OF Aft. Federal Way EXHIBIT "B" COMPENSATION CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com 1. Compensation. In consideration of the Contractor performing the Services, the City agrees to pay the Contractor calculated on the basis of the following fees: The City shall pay Contractor the sum of Four Hundred and 00/100 Dollars ($400.00) per case assigned, except cases only involving post -conviction review or appeal. "Case," as defined in Exhibit "A," Section 3, for which the Contractor is appointed and files a notice of appearance constitutes one "case," regardless of any subsequent withdrawal and reappointment; except that causes appeared on and then withdrawn from because of a further conflict or because a defendant is not indigent are not considered cases. Except for such additional fees set forth specifically below, this fee shall constitute the total compensation payable by the City for all public defender services provided while Contractor is responsible for the case. In addition to the $400.00 per case assigned, the City shall pay Contractor Four Hundred and 00/100 Dollars ($400.00) for each case that proceeds to jury trial and is actually submitted to a jury for deliberation. In the event Contractor serves as attorney of record for a case appealed post -conviction, the City shall pay the Contractor Four Hundred and 00/100 Dollars ($400.00) for that post -conviction appeal case and any cases joined with it, regardless if other fees have been previously paid on the case(s). For cases that have been assigned to the Contractor for post -conviction review where that the Contractor has not previously been assigned to the case, the City shall pay the Contractor Sixty -Five and 00/100 Dollars ($65.00) per case. The City shall pay an extra Sixty -Five and 00/Dollars ($65.00) at the resolution of the first case assigned for the year, if the Contractor has not been a vendor with the City previously. 2 Reimbursable Expenses. Incidental expenses that are reasonable, customary, and actual and that are incurred by Contractor in performing non -routine portions of the Services, such as transcription costs and other reasonable costs, shall be compensated according to invoices; provided, however, that such costs shall be deemed reasonable in the City's sole discretion or as necessary to provide effective legal representation as ordered by the court in a reasonable amount, and shall not exceed Two Thousand and no/100 Dollars ($2,000) per year. Such non -routine portions of the Services do not include the costs of case preparation, tracking, case analysis, client interviews, legal research, briefing, basic investigation, filing, court appearances, document preparation or processing, court appearances, case negotiations, administration, or similar services normally related to legal representation. The City shall reimburse the Contractor for reasonable expert witness or investigator fees necessary to provide effective legal representation at a reasonable market rate where the court orders such expert or investigator to be employed upon motion of the Contractor. 3. Method of Pa ent. The Contractor shall submit to the City an invoice in a form approved by the City. After filing a Notice of Appearance the Contractor may submit an invoice which includes the name of each client who has been appointed to the Contractor, the charges, and cause numbers. Payment by the City for the Services invoiced will only be made after the City has reconciled the invoice. Payment by the City for the Services will be made only after the Services have been performed, a voucher or invoice is submitted in the form specified by the City, and the same is approved by the appropriate City representative. Payment shall be made on a monthly basis, thirty (30) days after receipt of such voucher or invoice. The Contractor shall submit a separate invoice after a case has been submitted to the jury. The Contractor may submit a monthly invoice with any billing for appeals, expert and investigator fees, transcription fees, or other reimbursable expenses. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 3/2017 ` C17Y OF CITY HALL ��. Fe d e ra I Way Feder l Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederatway. com 4. Contractor Responsible for Taxes. 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. 3/2017 plrr OF CITY HALL �Aw*% Fe d e ra I �ay 33325 Avenue South Federall Way, WA 98003-6325 (253) 835-7000 www. cityoffederatmay. com EXHIBIT "C" INSURANCE Contractor's Insurance Certificate attached 3/2017 [__DATE (MMIDD/(YYY) ,aco►�o� CERTIFICATE OF LIABILITY INSURANCE 11/01/2021 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 have ADDITIONAL INSURED provisions or 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 NAVE; CT Lori L Johnston Bordelon, McCluskey & Sefton, Inc PHONE FAx 1606 148th Ave SE STE 102 raic�l • (425)455-2227 ,UJ ,�,}; (425)653.3030 E-MAILD Bellevue, WA 98007 SS: lari@bordeloninsurance.com — License #: 142376 INSURERS AFFORDING COVERAGE NAIC # INSURERA: Sentinel Insurance COmoanv INSURED McCully & Gardner PLLC DBA Valley Defenders, PLLC 2700 Richards Road, Suite 202 Bellevue, WA 98005 INSURERB: INSURERC: INSURERD: 1NSURERE. _ INSURER F : rnvoonn_rc f CDTIC11 ATC All IMRFR• nnnn07Sd_99C,R1 % RFVISIC]N NIIMRFR- 3R 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. 1NSR LTR OF INSURANCE VLITYPE INSD SUER POLICY NUMBER POLICY EFF ICY EXP MML DDNYYY LIMITS A x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR Y Y 52SBMRZ8556 01/01/2021 01/01/2022 EACH OCCURRENCE $ 2,000,000 PREM SES Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: )( POLICY1:1 PRO ❑ LOC JECT OTHER: GENERAL AGGREGATE S 4,000,000 PRODUCTS - COMP/OP AGG $ 4 00O 000 A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY I AUTOS HIRED NON -OWNED x AUTOS ONLY AUTOS ONLY 52SBMRZ8556 01/01/2021 01/01/2022 COM$ aB°5 Neti tlMrr $ 1000,000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Parsccidon $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS -MADE DED ; RETENTION EACH OCCURRENCE $ AGGREGATE $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCR1PT10N OF OPERATIONS below N / A I I PER OR STATUTE 711- E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ I DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, maybe attached If more space is required) The certificate holder is named additional insured, per written contract. f'FPTIFICATF 1 {10i nF-R CANCELLATION City of Federal Way 33325 8th Avenue South Federal Way, WA 98003 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 7RIZED �REPRESENTATIVE PLO U 1958-2015 ACURU GURPUKA I IUN. All rlgnts reservea. ACORD 25 (20161031 The ACORD name and loao are reaistered marks of ACORD Printed by LLC on 11/01/2021 at 03:29PM .T Policy# 52SBMRZ8556 BUSINESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", It and "our" refer to the stock insurance company member of The Hartford providing this insurance. The word "insured" means any person or organization qualifying as such under Section C. - Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses Definitions. A. COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To "bodily injury" and "property damage" only if: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 © 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage'; or (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur. d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice (1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if: (a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and (b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence". 2. MEDICAL EXPENSES Insuring Agreement a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent; (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for: (1) First aid administered at the time of an accident; (2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services. 3. COVERAGE EXTENSION - SUPPLEMENTARY PAYMENTS a. We will pay, with respect to any claim or "suit" we investigate or settle, or any "suit" against an insured we defend: (1) All expenses we incur. (2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds. (3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. (5) All costs taxed against the insured in the "suit". (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance. Any amounts paid under (1) through (7) above will not reduce the limits of insurance. Page 2 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense B of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee: (a) Agrees in writing to: (1) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. — Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or "property damage'; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided: (1) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same "insured contract", and (ill) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability "Bodily injury" or which any insured reason of: "property damage" for may be held liable by (1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol; or (3) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. d. Workers' Compensation And Similar Laws Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law. e. Employer's Liability "Bodily injury" to: (1) An "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's business, or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants": (a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this subparagraph does not apply to: (i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (ii) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor; or as waste by or for: (III) "Bodily injury" or "property (i) Any insured; or damage" arising out of heat, smoke orfumes from a (ii) Any person or organization for hostile fires , or whom you may be legally responsible; (e) At or from any premises, site or location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors insured's behalf are performing working directly or indirectly on operations if the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of, "pollutants". connection with such operations (2) Any loss, cost or expense arising out by such insured, contractor or subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (1) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or clean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants"; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, if such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage arises out of the apply to liability for damages because intentional discharge, dispersal 9 P of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 5 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to: (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment" in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. I. War "Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of: (1) War, including undeclared or civil war; (2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. j. Professional Services "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; Page 6 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting,demonstration or distribution of ophthalmic lenses and similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10) Services in the practice of pharmacy; and (11) Computer consulting, design or programming services, including web site design. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. - Coverages. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard". I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. in. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) "Your product"; (c) An Internet search, access, (2) "Your work"; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising Injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by itself, is not considered the business (1) Arising out of oral, written or electronic of advertising, broadcasting, publication of material, if done by or at publishing or telecasting; the direction of the insured with knowledge of its falsity; (9) Arising out of an electronic chat room or bulletin board the insured hosts, (2) Arising out of oral, written or electronic owns, or over which the insured publication of material whose first exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of another's name or product in your e-mail (3) Arising out of a criminal act committed address, domain name or metatags, or by or at the direction of the insured; any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your person's right of privacy created by "advertisement"; " any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performance made in your such state or federal act; "advertisement"; (12) Arising out of: (6) Arising out of the wrong description of the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan is also (1) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement' or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (13) Arising out of a violation of any anti- trust law; (14) Arising out of the fluctuation in price or value of any stocks, bonds or other securities; or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. q. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". r. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment -related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to the person at whom any of the employment -related practices described in Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. s. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or Others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Violation Of Statutes That Govern E- Mails, Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN-SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You - Exception For Damage By Fire, Lightning or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to injury or damage with respect to which an insured under this insurance is also an insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 51 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or "Additional Permit Insured The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; insured under this provision only for that (f) Demonstration, installation, period of time required by the contract, servicing or repair operations, agreement or permit. except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (g) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily injury" or "property Any person(s) or organization(s) (referred to damage" arising out of the sole negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those of "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (I) The exceptions contained in "property damage" included within the Subparagraphs (d) or (f); or "products -completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any 'occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) 'Bodily injury" or "property damage" included within the "products - completed operations hazard". f. Any Other Party (b) Structural alterations, new (1) Any other person or organization who construction or demolition is not an insured under Paragraphs a. operations performed by or on through e. above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or (1) Any architect, engineer, or surveyor, but in part, by your acts or omissions or only with respect to liability for "bodily the acts or omissions of those acting injury", "property damage" or "personal on your behalf: and advertising injury" caused, in whole (a) In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or (a) In connection with your premises; (c) In connection with "your work" and or included within the "products- (b) In the performance of your completed operations hazard", but ongoing operations performed by only if you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and This insurance does not apply to (ii) This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products - failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to: maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including: activities. Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one 'occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 6. How Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who is an additional insured under this Coverage Part is the lesser of: a. The limits of insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown in the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. e. Additional Insured's Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimant's legal representative. 5. Separation Of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other Insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (2) Premises Rented To You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An k** Additional insured Additional Insured To This rimary non-contributory Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self - insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery **Waiver of If the insured has rights to recover all or subrogation part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after loss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED COVERAGES If listed or shown as applicable in the Declarations, one or more of the following Optional Additional Insured Coverages also apply. When any of these Optional Additional Insured Coverages apply, Paragraph 6. (Additional Insureds When Required by Written Contract, Written Agreement or Permit) of Section C., Who Is An Insured, does not apply to the person or organization shown in the Declarations. These coverages are subject to the terms and conditions applicable to Business Liability Coverage in this policy, except as provided below: 1. Additional Insured - Designated Person Or Organization WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; or b. In connection with your premises owned by or rented to you. 2. Additional Insured - Managers Or Lessors Of Premises a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Designated Person Or Organization; but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" which takes place after you cease to be a tenant in that premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 3. Additional Insured - Grantor Of Franchise WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured - Grantor Of Franchise, but only with respect to their liability as grantor of franchise to you. 4. Additional Insured - Lessor Of Leased Equipment a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Lessor of Leased Equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). b. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any 'occurrence" which takes place after you cease to lease that equipment. 5. Additional Insured - Owners Or Other Interests From Whom Land Has Been Leased a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you and shown in the Declarations. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) Any 'occurrence" that takes place after you cease to lease that land; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. 6. Additional Insured - State Or Political Subdivision — Permits a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - Permits, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit. b. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included in the "product -completed operations" hazard. 7. Additional Insured — Vendors a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) (referred to below as vendor) shown in the Declarations as an Additional Insured - Vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". b. The insurance afforded to the vendor is subject to the following additional exclusions: (1) This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 8. Additional Insured — Controlling Interest WHO IS AN INSURED under Section C. is amended to include as an additional insured the person(s) or organization(s) shown in the Declarations as an Additional Insured — Controlling Interest, but only with respect to their liability arising out of: a. Their financial control of you; or b. Premises they own, maintain or control while you lease or occupy these premises. Form SS 00 08 04 05 Page 19 of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other insurance 9. Additional Insured — Owners, Lessees Or is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1. "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, in whole or products or services through: in part, by your acts or omissions or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional insured(s); or (5) Newspaper; (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products -completed operations a. The design, printed material, information hazard". or images contained in, on or upon the b. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An interactive conversation between or damage" or "personal an advertising among persons through a computer network. injury" arising out of the rendering of, or the failure to render, any professional 2. "Advertising idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi -trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional Insured — Co -Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 6. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. 7. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract" means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not include that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; Page 22 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent. b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials. 20. "Property damage" means: a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. Is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product": a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 24 of 24 Form SS 00 08 04 05 ` Feder AN Federal Way CITY OF 33325 CITY HALL Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www. cityoffederalway com EXHIBIT D CITY OF FEDERAL WAY PUBLIC DEFENSE STANDARDS October 1, 2012 Policy: Provide high quality public defense services by engaging experienced public defenders. Definition of a Case: A case is defined as the filing of a document, which may include multiple citations from the same incident, with the court naming a person as a defendant or respondent, to which an attorney is appointed in order to provide representation.' Definition of Appointment. Appointment of a public defender is defined as assignment to represent a defendant as a result of indigent screening. The caseload for attorneys with less than five years misdemeanor and/or gross misdemeanor experience will be 300 weighted cases per year? (300 cases/year _ 48 weeks (240 working days) = 6.25 cases/week _ 5 days = 1.25 cases/day) The caseload for attorneys with at least five years misdemeanor and/or gross misdemeanor criminal experience increase caseload will be increased to a total of 450 weighted cases per year.' (450 cases/yr - 48 weeks (240 working days) = 9.375 cases/week - 5 days = 1.875 cases/day) The caseload for attorneys with at least five years misdemeanor and/or gross misdemeanor coupled with five years felony criminal experience will be increased to a total of 540 cases per year.' (540 cases/yr - 48 weeks (240 working days) = 11.25 cases per week - 5 days = 2.25 cases/day) Policy: Provide Public Defenders at the arraignment or first appearances even though the defendant has not been screened to determine qualifications for indigent defense. The Municipal Court of Federal Way has a daily in custody calendar, which includes arraignments/first appearances; and an out of custody arraignment calendar one day per week, which includes arraignments.5 Through contract negotiations the Primary Public Defense Firm serves as attorney of the day at all arraignments to provide information and counsel to all defendants even though they may not be appointed to defend them. 1 Standard 3.3 Definition of a case. 2 Standard 3.4 Three hundred misdemeanor cases per year if adopt weighting system. 3 Standard 3.3 Experience is a factor 4 Standard 3.3 Experience is a factor 5 CRLJ 3.1 Right to an attorney in all criminal proceedings 3/2017 ` CITY OF CITY HALL 33325 A, Federal Way Feder 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www ciryoffederalway com As a result, the City recognizes the additional time, but will not count each matter as a case because it does not meet the definition of a case per the Supreme Court Order (i.e. the attorney has not been assigned to the case), and it could be an unconstitutional gift of public funds for those defendants who are not indigent. However, the City's calculation of cases under the weighting system identified below will address the additional time at arraignment by counting it as five percent (5%) quarterly cases assigned for the entire firm to be divided.' Policy: The City will follow the guidelines of the Supreme Court Order and weight misdemeanor cases. Stipulated Orders of Continuance (SOC), Deferred Prosecution (DP), Deferred Sentence (DS), or other alternative disposition weighted 1/3.' Also, pursuant to the Supreme Court Order the City will count guilty pleas at arraignment as 1 case, because the Public Defender has been assigned the case.' Policy: The City will weigh Federal Way crimes as listed in the attached Attachment L' The weighting was provided by the public defenders, reviewed by the Municipal Court Judges, and presented to Office of Public Defense representatives before implementation. In the event there are multiple charges for the same incident, the case will be weighted using the highest weighted charge as the total measure for that case. The case count for any case that proceeds to trial will convert to one and no longer count as a fraction. Policy: The City will continue to utilize alternatives and considers the review/probation hearings as part of an ongoing case.10 A review/probation hearing will only be counted as a case if the defendant was previously represented by a different public defense firm." A review/probation hearing without a new criminal charge under this definition will count as 1/3 of a case.12 A review/probation hearing with a new criminal charge will remain as weighted at the time of the original assignment and the new charges will be weighted pursuant to Attachment 1, but only if the new charge is brought in Federal Way Municipal Court.13 6 Standard 3.3 Caseloads should factor in the type of cases and time involved 7 Standard 3.6 (B)(v) Stipulated Order of Continuance, Deferred Prosecution and Deferred Sentence can be weighted 1/3 8 Standard 3.5 Guilty pleas at arraignment count as one case 9 Standard 3.6 Cases may be weighted upwards or downwards depending upon complexity 10 Standard 3.6 Cases may be weighted downwards 11 Standard 3.6 Cases may be weighted downwards 12 Standard 3.3 Matters not involving a new criminal charge may be weighted 13 Standard 3.5 A new charge is to be treated as a case; the weight depends upon the complexity CIT vww�' Federal Way Attachment 1 CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederaiway com CHARGE FWRC WEIGHT ABANDOING OR DISCARDING 6.75.010 REFRIGERATION EQUIPMENT 2/3 ABANDONMENT OF A DEPENDENT 6.20.010 PERSON IN THE THIRD DEGREE 1 ABANDONMENT OF A DEPENDENT 6.20.010 PERSON IN THE THIRD DEGREE, Domestic 1 Violence ACTS PROHOBITED BY PAWNBROKERS 12.15.330 AND SECONDHAND DEALERS 1/2 ACTS PROHIBITED -TOBACCO 6.20.040 1/3 AGGRESSIVE BEGGING 6.35.030 1 AIMING OR DISCHARGE OF A FIREARM 6.25.010 1 AIRGUN — UNLAWFUL USE 6.25.020 1 ALLOWING A MINOR TO FREQUENT 6.10.010 TRAVEN 1/3 ALLOWING UNAUTHORIZED PERSON TO 8.05.010 DRIVE 1/3 ALTERED SERIAL NUMBERS ON VEHICLE 6.25.010 / WEAPON 1/2 ANIMAL CONTROL VIOLATIONS (City 9.18.100 Complaint) 1 ANIMAL CRUELTY, Abuse 9.18.010 1 ANIMAL CRUELTY, Transporting or Confining 6.75.030 1 ASSAULT IN THE FOURTH DEGREE 6.35.010 1 ASSAULT IN THE FOURTH DEGREE, 6.35.010 Domestic Violence 1 ATTEMPTED THEFT 6.05.060 1/3 BARRATRY RCW 9.12.010 6.40.010 1/3 BAIL JUMPING 6.50.030 2/3 BOXING, MARTIAL ARTS, WRESTLING 6.55.025 2/3 BUYING, DEMANDING OR PROMISING REWARD TO PUBLIC OFFICIAL RCW 9.12.020 6.40.010 2/3 CAMPING IN THE PARK 4.05.160 1/3 CANCELLED LICENSE PLATE OR 8.05.010 REGISTRATION 1/3 CARRYING A CONCEALED PISTOL 6.25.010 WITHOUT A LICENSE 2/3 city OF �Federal CITY HALL Way 33325 8th Avenue South Federal Way. WA 98003-6325 (253) 835-7000 www cityoffederalway com CARRYING OR DISPLAY OF WEAPONS RCW 9.41.270 6.25.010 1/3 COERCION 6.3 5.010 1 COERCION, Domestic Violence 6.35.010 1 COMMERCIAL LICENSE REQUIRED 8.05.010 1/3 COMMUNICATION WITH MINOR FOR IMMORAL PURPOSES 6.45.080 1 CONCESSIONS WITHOUT CONTRACT 4.05.180 1/2 CONSPIRACY 6.05.060 2/3 CONTEMPT OF COURT 6.05.050 2/3 CONTRIBUTING TO THE DELINQUENCY OF A MINOR 6.20.020 1/2 CRIMINAL IMPERSONATION IN THE FIRST -DEGREE RCW 9A.60.040 6.40.010 1 CRIMINAL IMPERSONATION IN THE SECOND DEGREE 9A.60.045 6.40.010 1 CUSTODIAL INTERFERENCE IN THE SECOND DEGREE 6.35.050 1 CYBERSTALKING 6.3 5.010 1 DISORDERLY CONDUCT 6.55.010 1/3 DISORDERLY CONDUCT IN A CITY PARK 6.55.055 1/3 DISRUPTION OF SCHOOL ACTIVITIES 6.30.040 2/3 DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR 8.05.010 1 DRIVING WHILE LICENSE SUSPENDED OR REVOKED 1 8.05.010 1/2 DRIVING WHILE LICENSE SUSPENDED OR REVOKED 2 8.05.010 1/2 DRIVING WHILE LICENSE SUSPENDED OR REVOKED 3 8.05.010 1/3 DRIVING WITH ANOTHER STATE'S LICENSE WHILE SUSPENDED IN WASHINGTON RCW 46.20.345 8.05.010 1/3 DRUG LOITERING 6.10.090 1/3 ELECTRONIC BENEFIT CARDS RCW 74.08.580 6.40.010 1/3 ENCUMBERED, LEASED OR RENTED PERSONAL PROPERTY RCW 9.45.060 6.40.010 1/3 ESCAPE IN THE THIRD DEGREE 6.50.040 2/3 EXPOSING CHILDREN TO DOMESTIC VIOLENCE 6.35.070(3) 1 CITY OF wmw�' Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com FAILING TO OBTAIN INITIAL REGISTRATION 8.05.010 1/3 FAILURE TO DISPERSE 6.55.020 1/3 FAILURE TO GIVE INFORMATION, RCW 46.61.020 8.05.010 1/3 FAILURE TO OBEY POLICE OFFICERS, FLAGMAN OR FIRE FIGHTERS 46.61.021 or .22 8.05.010 1 /2 FAILURE TO OBTAIN A TEMPORARY BUSINESS LICENSE 12.25.010 and 7.05.070 2/3 FAILURE TO OBTAIN LICENSE FOR MASSAGE PRACTITIONERS 6.40.050 2/3 FAILURE TO OBTAIN REGISTRATION 8.05.010 1/3 FAILURE TO TRANSFER TITLE OVER 45 DAYS 8.05.010 1/3 FALSE CERTIFICATION RCW 9A.60.050 6.40.010 1/3 FALSE EVIDENCE OF FINANCIAL RESPONSIBILITY / INSURANCE CARD 8.05.010 1/3 FALSE REPORTING 6.50.030 1/3 FALSE STATEMENT TO A PUBLIC SERVANT RCW 9A.76.175 6.50.030 1/3 FORGERY, NONFELONY 6.40.030 1 FRAUD IN ASSIGMENT FOR BENEFIT OF CREDITORS RCW 9.45.100 6.40.010 1/2 FRAUD OPERATING COIN BOX IN TELEPHONE OR OTHER RECEPTACLE RCW 9.26A.120 6.40.010 1/3 FRAUDLENT POSSESSION, ALTERATION, OR DISPLAY OF A LICENSE 46.20.092(1) 8.05.010 1/3 FRAUDULENT REMOVAL OF PROPERTY RCW 9.45.080 6.40.010 1/3 FURNISHING LIQUOR TO A MINOR 6.10.020 2/3 GRAFFITI 6.30.020 1 GRAFFITI TOOLS 6.30.050 2/3 HARASSMENT 6.35.040 1 HARASSMENT, Domestic Violence RCW 9A.46.020 6.35.040 1 HARBORING A MINOR / RUNAWAY 6.20.010 1 HIT AND RUN, ATTENDED VEHICLE RCW 46.52.020 8.05.010 1 HIT AND RUN, PROPERTY DAMAGE RCW 46.52.010 8.05.010 2/3 HIT AND RUN, UNATTENDED VEHICLE 8.05.010 2/3 HUFFING 6.10.070 1 IDENTITY THEFT — NON -FELONY 6.40.025 1 IMPERSONATION 6.40.010 1 IMPERSONATION — POLICE OFFICER 6.40.010 1 INDECENT EXPOSURE TO A PERSON OVER 14 6.45.020 1 INDECENT EXPOSURE TO A PERSON 6.45.020 CITY OF �Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway coin UNDER 14 1 INTERFERING WITH THE REPORTING OF DOMESTIC VIOLENCE, Domestic Violence 6.35.070 1 ID THEFT 6.40.025 1 INTIMIDATING SCHOOL EMPLOYEE 6.75.010 1 ISSUANCE OF CHECKS OR DRAFTS 6.30.010 1 KNOWLINGLY RECEIVING FRAUDULENT CONVEYANCE RCW 9.45.090 6.40.010 1/3 LEAVING AN UNLOCKED PISTOL IN A VEHICLE 6.25.010 2/3 LEAVING CHILDERN UNATTENDED IN PARKED VEHICLE 6.20.030 1 LITTERING IN A PARK 4.05.330 1/3 LITTERING OVER ONE CUBIC FOOT 6.75.020 1/3 LITTERING OVER ONE CUBIC YARD 7.75.020 1/3 MAKING A FALSE STATEMENT TO A PUBLIC SERVANT RCW 9A.76.175 6.50.030 1/3 MAKING OR HAVING BURGLAR TOOLS 6.30.030 2/3 MALICIOUS MISCHIEF IN THE THIRD DEGREE 6.30.020 2/3 MALICIOUS MISCHIEF IN THE THIRD DEGREE, Domestic Violence 6.30.020 1 MENACING 6.3 5.020 1 MANUFACTURE OR SALE OF SLUGS TO BE USED AS COINS RCW 9.26A.130 6.40.010 2/3 MINOR ATTEMPTING TO PURCHASE ALCOHOL 6.10.020 2/3 MINOR INTOXICATED IN PUBLIC 6.10.020 1/2 MINOR FREQUENTING TRAVEN 6.10.010 1/2 MINOR IN POSSESSION OF LIQUOR RCW 66.44.270 6.10.020 2/3 MINOR MISREPRESENTING AGE 6.10.010 2/3 MINOR OPERATING VEHICLE AFTER ALCOHOL CONSUMPTION ALCOHOL 6.05.010 1 MISTREATMENT IN THE FOURTH DEGREE 6.20.010 1 MISTREATMENT IN THE FOURTH DEGREE, Domestic Violence 6.20.010 1 MISUSING OF DEALER PLATES 8.05.010 1/3 MOCK AUCTIONS RCW 9.45.070 6.40.010 1/3 NEGLIGENT DRIVING IN THE FIRST DEGREE 8.05.010 1 NO VALID OPERATOR'S LICENSE WITHOUT IDENTIFICATION 8.05.010 1/3 OBSTRUCTING A PUBLIC OFFICER 6.50.010 2/3 OPERATING A VEHICLE WITHOUT IGNITION INTERLOCK 8.05.010 1/2 PARK AFTER HOURS(City Complaint) 4.05.060 1/3 ` CITY OF Ift 40101 Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalway com PATRONIZING A PROSTITUTE 6.45.070 1/3 PARK FIRE 4.05.210 PERMITTING UNUSED EQUIPMENT TO REMAIN ON PREMISES 19.05.340 1 PHYSICAL CONTROL OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATION (under 21 years) 6.15.010 1 PHYSICAL CONTROL 6.15.010 1 PISTOL ALTERING 6.25.010 2/3 PISTOL WITHOUT PERMIT 6.25.010 2/3 PISTOL IN VEHICLE 6.25.010 2/3 POSSESSION OF A LEGEND DRUG WITHOUT PRESCRIPTION 6.10.030 2/3 POSSESSION OF ANOTHER'S IDENTIFICATION RCW 9A.56.130 6.40.010 1/3 POSSESSION OF DANGEROUS WEAPON 6.25.010 1 POSSESSION OF DANGEROUS WEAPON ON SCHOOL PROPERTY 6.25.010 1 POSSESSION OF DRUG PARAPHERNALIA 6.10.040 1/3 POSSESSION OF EPHREDINE, PSEUDOPHREDINE, PHENYLPROPANOLAMINE 6.10.030 1/3 POSSESSION OF FIREARM AT LIQUOR SALE PREMISES(City Complaint) 6.25.030 1/3 POSSESSION OF MARIJUANA 6.10.030 1/3 POSSESSION OF PISTOL BY PERSON AGE 18 TO 21 6.25.010 1/3 POSSESSION OF STOLEN ID 6.40.010 1/3 POSSESSION OF STOLEN PROPERTY IN THE THIRD DEGREE 6.30.010 2/3 POSSESSION, USE AND DISCHARGE OF FIREWORKS 12.55.070 1/2 PROSTITUTION 6.45.040 1/3 PUBLIC DISTURBANCE NOISES 7.10.020 1/3 RACING 8.05.010 1 RECKLESS BURNING IN THE SECOND DEGREE 6.60.010 1 RECKLESS DRIVING RCW 46.61.500 8.05.010 1 RECKLESS ENDANGERMENT 6.35.010 1/3 RECKLESS ENDANGERMENT OF ROADWAY WORKER 8.05.010 1/3 RECKLESS ENDANGERMENT, Domestic Violence 6.35.010 1 REFUSAL TO GIVE INFORMATION TO OR COOPERATE WITH POLICE RCW 46.61.020 8.05.010 1/2 RENDERING CRIMINAL ASSISTANCE IN THE THIRD DEGREE 6.50.030 1/3 RENDERING CRIMINAL ASSISTANCE IN 6.50.030 CITY OF ^�. Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityotl`ederalway com THE SECOND DEGREE 1/2 RESISTING ARREST 6.50.030 2/3 RIDING IN A PARK 1.10.010 4.05.040 4405.340 1/3 RIOT 6.55.020 1 STALKING 6.35.040 1 STRANGULATION, Domestic Violence 6.35.070(2) 1 SUSPENSION OF REGISTRATION RCW 46.29.605 (Suspended Plate 8.05.010 1/3 TAKING, CONCEALING, OR INJURING A PET ANIMAL 6.75.030 1 TAMPERING WITH EVIDENCE 6.50.030 1 TAMPERING WITH FIRE 6.60.020 1 TAX ON CIGARETTES 6.75.110 2/3 TELEPHONE HARASSMENT 6.35.010 1 TELEPHONE HARASSMENT, Domestic Violence 6.35.010 1 THEFT IN THE THIRD DEGREE 6.30.010 1/3 THEFT IN THE THIRD DEGREE, Domestic Violence 6.30.010 1 THEFT OF MOTOR VEHICLE FUEL 8.05.010 1/2 THEFT OF RENTAL PROPERTY 6.30.010 1/3 THEFT OF SHOPPING CART 6.30.010 1/3 THROWING OBJECTS AT CARS 6.75.050 1.10.010 1/2 TRANSFER TO MINOR OF IDENTIFICATION CARD 6.10.010 1/3 TRESPASS (.70) 1=INSIDE BUILDING; (.80) 2=ON PREMISES / PROPERTY 6.30.030 1/3 TRESPASS, Domestic Violence 6.30.030 1 UNAUTHORIZED CAMPING IN A PARK 4.05.160 4.05.040 1.10.010 1/3 UNLAWFUL BUS CONDUCT 6.75.010 1/3 UNLAWFUL ISSUANCE OF CHECKS 6.30.010 2/3 UNLAWFUL PRACTICES — OBTAINING ASSISTANCE — DISPOSAL OF REALTY RCW 74.08.331 6.40.010 1 UNLAWFUL USE OF DEALER PLATES 8.05.010 1/3 UNLAWFUL USE OF AIR GUN 6.25.020 URINATING IN PUBLIC 6.45.090 1/3 VEHICLE PROWLING IN THE SECOND DEGREE 6.30.030 1/3 VEHICLE PROWLING TOOLS (City Complaint) 6.30.060 1/3 VIOLATION OF ANIMAL CONTROL REGULATIONS 6.30.060 1 VIOLATING A STAY OUT OF AREAS OF PROSTITUTION ORDER 6.42.110 1/2 VIOLATION OF A CIVIL 6.35.060 ANTIHARASSMENT ORDER & KCSC CITY OF AIII oxw�' Federal CITY HALL Way 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www cityoffederalLvay.com VIOLATION OF ORDER FOR PROTECTION - AH 1 VIOLATION OF A CIVIL 6.35.060 ANTIHARASSMENT ORDER, Domestic Violence 1 VIOLATION OF A NO CONTACT ORDER, 6.35.040 Domestic Violence 1 VIOLATION OF A NOTICE AND ORDER TO 1.15.040 CORRECT 1 VIOLATION OF A PROTECTION ORDER, 6.35.060 Domestic Violence 1 VIOLATION OF A RESTRAINING ORDER 6.35.070 1 VIOLATION OF A RESTRAINING ORDER, 6.35.070 Domestic violence 1 VIOLATION OF A VOLUNTARY 1.15.050 CORRECTION AGREEMENT 1 VIOLATION OF AN ORDER TO CEASE 1.15.030 ACTIVITY 1 VIOLATION OF LICENSE FOR BATHHOUSE 12.40.070 ATTENDANTS 1 VIOLATION OF OCCUPATIONAL DRIVER'S 8.05.010 LICENSE 1/3 VIOLATION OF STANDARDS OF CONDUCT 12.10.220 1 VIOLATION OF THE HOUSING CODE 1.10.010 13.05.070 13.35.010 1 VIOLATION OF VEHICLE TRIP PERMIT 8.05.010 1/3 VIOLATION OF ZONING CODE 19.05.340 1 * WEAPONS IN COURT 6.25.040 2/3 WEAPONS IN PROHIBITED AREA 6.25.040 2/3 WEAPONS IN SCHOOL 6.25.010 1 PUBLIC DISTURBANCE NOISES 7.10.020 1/3 Any and all misdemeanors not listed above 1/3 Any and all gross misdemeanors not listed above 1/2 The case count for any case that proceeds to trial will convert to one and no longer count as a fraction. *Zoning violations. Defendant will not likely qualify for a public defender.